AGREEMENT MOUZA – RENGAPAR WITHIN THE JURISDICTION OF SUB REGISTRAR NAGPUR (RURAL) As per ready Recknor Item No. _____, Page No. ____ @ Rs. _______/- Per Sq. Mtrs. Market Value Rs. _________/- Consideration Rs. _________/- Stamp Duty Rs. ___________/- & Registration Fee Rs. _____/- is paid This Agreement is made at Nagpur on this _____ day of _____, 2017. BY & BETWEEN 1) SHRI. NANAJI LAXMANRAO KONDAWAR, Aged about 56, Occupation: Business, Resident of 57, Harekrishna Enclave, Farmland, Ramdaspeth, Nagpur – 440010 {Permanent Account No. ABZPK3639D & Mobile No. 09860922222}, 2) SMT. ANITA PRAVIN AINCHWAR, Aged about 32 years, Occupation – Business, Resident of Khare Town, Dharampeth, Nagpur-440025 {Permanent Account No. AUMPA2805K, Mobile No. 09421822615 & Email: pravinainchwar@gmail.com} and 3) SHRI GAJANAN MADHUKARRAO AINCHWAR,Aged about 42 years, Occupation – Business, Resident of Chamorshi, Tahsil: Chamorshi, District: Gadchiroli {Permanent Account No. ABFPA0804N & Mobile No. 9423122103}, collectively carrying out their business under Partnership Firm under the firm name and style as ‘M/S. VAIBHAV WAREHOUSING’ having its office/place at 602, Nikalas Tower, Central Bazar Road, Ramdaspeth, Nagpur – 440010 (M.S.) (Hereinafter individually called to and referred as Promoter with respective number and collectively called to and referred as the ‘Promoters’, which expression shall unless repugnant to the context or meaning thereof always mean and include the said Promoters as well as legal heirs, representatives, executors, administrators, successors and assigns) of the ONE PART. AND _____________________________________, Aged about ___ Years, Occupation – ________________, {Permanent Account No. ____________________, Mobile No. ____________,} Resident of _____________________________________, (Hereinafter called to and referred as the Allottee, which expression shall unless repugnant to the context or meaning thereof always mean and include the said Allottee as well as his/her legal heirs, representatives, executors, administrators, successors and assigns) of the OTHER PART. 1 {Whereas individually referred as Promoters and Allottee individually and collectively called to and referred as the ‘Parties’} WHEREAS, the Maharashtra Industrial Development Corporation, A Corporation constituted under the Maharashtra Industrial Development Act, 1961 (MAH. III of 1962) having its Principal Office at Orient House, AdiMarzban Path, Ballard Estate, Mumbai – 400038 (Hereinafter referred as ‘MIDC’) has agreed to grant Lease of Plot No. P-67 admeasuring about 3792.00 Square Meters in the Butibori Industrial Area situate at Village limits of Rengapar and outside the limits of Nagpur Municipal Council/Corporation, Taluka& Registration Sub District Nagpur (Rural) and Registration District: Nagpur (Hereinafter called to and referred as the said ‘Project Land’ or ‘Plot’ or ‘Land’ and more particularly described in the first schedule written hereinafter) to Dr. DinkarSopanraoKarad, trading as a Proprietor in the Firm name and style M/s. Dhanvantarey Multispecialty Hospital by executing an Agreement duly registered in the office of Joint Sub Registrar Nagpur (Rural) No. 10 bearing Document No. 912/2007 (Receipt No. 266) on 02/03/2007; AND WHEREAS, the period of raising constructions and securing Building Completion Certificate has been extended from 3 years to 5 years as Butibori Industrial Area has been included in “D+ Class” vide Circular No. 125/2010 dated 15/11/2010 and according MIDC has rectified the aforesaid Agreement by executing the Rectification Deed dated 27/04/2011 duly registered in the office of Joint Sub Registrar Nagpur (Rural) No. 10 bearing Document No. 2035/2011 (Receipt No. 2148) on 28/04/2011; AND WHEREAS, An application dated 03/05/2011 for change in use (activity) of said Project Land from Hospital Building to Commercial Shopping Complex was agreed by the MIDC vide its Letter No. MIDC/RON/BB/P- 67/390/2012 dated 18/01/2012; AND WHEREAS, Dr. DinkarSopanraoKarad Proprietor of M/s. Dhanvantarey Multispecialty Hospital has agreed to assign the said Project Land to Promoters by executing an Agreement to Assign dated 20/04/2012 and also empowered the Promoters to execute any deed/document relating to said Project Land by executing General Power of Attorney dated 08.08.2012 duly registered in the office of Joint Sub Registrar Nagpur (Rural) No. 10 bearing Document No. 3463/2012 on even date; 2 AND WHEREAS, the aforesaid Power of Attorney was adjudicated / impounded by the Collector of Stamps in case no. Adj. 231/2011-2012 submitted on 01.02.2012 vide its order dated 13.02.2012; AND WHEREAS, The building plan of proposed commercial complex submitted to MIDC was duly sanctioned by the Special Planning Authority & Executive Engineer, MIDC Division No. (1) Nagpur vide Letter/Building Permit No. DB/Plan/B-89191 dated 27/06/2014; AND WHEREAS, Pursuant to sub-clause (m) of Clause 3 of aforesaid Principal Agreement, the MIDC at the request of Dr. DinkarSopanraoKarad, a Proprietor of M/s. Dhanvantarey Multispecialty Hospital granted its consent to transfer, assignment or parting with aforesaid principal Agreement in favour of the Promoters and also accepted them as Licensees/Lessees & agreed to execute final lease in favour of the Promoters in place of Dr. DinkarSopanraoKarad Proprietor of M/s. Dhanvantarey Multispecialty Hospital by executing Supplementary Agreement dated 19/09/2016 duly registered in the office of Joint Sub Registrar Nagpur (Rural) No. 10 bearing Document No. 5139/2016 on 21/09/2016; AND WHEREAS,the MIDC has allotted the said Project Land to the Promoters by executing Lease Deed (Pre-Determined Lease) dated 29/12/2016 duly registered in the office of Joint Sub Registrar Nagpur (Rural) No. 10 bearing Document No. 88/2017 on 06/01/2017; AND WHEREAS, the proposed Multi-storied Commercial Shopping Complex to be constructed on the said Project Land is named and styled as “Vaibhav Heights - 2” and same is submitted to the provisions of the Maharashtra Apartments Ownership Act, 1970 by executing Deed of Declaration dated 17/01/2017, duly registered in the office of the Joint Sub- Registrar, Nagpur (Rural) No. 10 bearing Document No. 299/2017 on even date as required under the provisions of Maharashtra Apartments Ownership Act, 1970 (Hereinafter called to and referred as the said ‘Project’ or ‘Scheme’ or ‘Commercial Complex’); AND WHEREAS, the MIDC has granted the commencement certificate to develop the Project vide Letter/Building Permit No. DB/Plan/B-89191 dated 27/06/2014 and the Promoters have accordingly commenced construction of the said building in accordance with the said proposed plan; 3 AND WHEREAS, the Promoters have entered into a standard Agreement with __________________________, an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; AND WHEREAS, the Promoters have appointed ______________________________ structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoters accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings; AND WHEREAS, the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoters, authenticated copy of revenue/MIDC record showing the nature of the title of the Promoters to the project land on which the Scheme is being constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively; AND WHEREAS, the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure ‘C-1’; AND WHEREAS, the authenticated copies of the plans of the Layout as proposed by the Promoters and according to which the construction of the building and open spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure ‘C-2’; AND WHEREAS, the authenticated copies of the plans and specifications of the Commercial Units agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure ‘D’ and Specification and Amenities for the Commercial Unit is appended herewith as Annexure ‘E’; AND WHEREAS, the Promoters have got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building; AND WHEREAS,while sanctioning the said plan concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters while 4 developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building shall be granted by the concerned local authority; AND WHEREAS, the Promoters have registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. __________ ; authenticated copy is attached in Annexure – ‘F’; AND WHEREAS, the Promoters have sole and exclusive right to assign the Commercial Units in the said building to be constructed by the Promoters on the project land and to enter into Agreement/s with the Allottee(s)/s of the Commercial Units to receive the consideration in respect thereof; AND WHEREAS, the Allottee has applied to the Promoters for allotment of aShop/Office Block No. ......... on ........floor in wing ____ situated in the building No. ........ being constructed in the ______ phase of the said Project; AND WHEREAS, on demand from the Allottee, the Promoters have given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoters’ Architects and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS, the carpet area of the said Shop/Office Block is ______ square meters and "carpet area" means the net usable floor area of an Shop/Office Block, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Shop/Office Block for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Shop/Office Block for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the Shop/Office Block; AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; 5 AND WHEREAS, the Promoters agrees and undertakes that it shall not make any changes to these Project except in strict compliance with section 14 of the Act and other laws as applicable; AND WHEREAS, prior to the execution of these presents the Allottee has paid to the Promoters a sum of Rs..................... (Rupees ...................) only, being part payment of the consideration of the Shop/Office Block agreed to be sold by the Promoters to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Promoters both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoters the balance of the consideration in the manner hereinafter appearing. AND WHEREAS, under section 13 of the said Act the Promoters are required to execute a written Agreement of said Shop/Office Block with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoters hereby agrees to assign and the Allottee hereby agrees to purchase the Shop/Office Block upon the terms and conditions mentioned herein: NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Promoters shall construct the said building/s as mentioned above on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoters shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Shop/Office Block of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 1.a (i) The Allottee hereby agrees to purchase from the Promoters and the Promoters hereby agrees to assign to the Allottee Shop/Office Block No. .............. of the type .............. of carpet area admeasuring .................... sq. metres on ............ floor in the building __________/wing (hereinafter referred to as "the Shop/Office Block") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the 6 consideration of Rs. ................../- (Rupees __________________________________ Only) including Rs. .................../- (Rupees _____________________ Only) (being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. {The price of the Shop/Office Block including the proportionate price of the common areas and facilities and parking spaces should be shown separately}. (ii) The Allottee hereby agrees to purchase from the Promoters and the Promoters hereby agrees to assign to the Allottee garage bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout/Scheme for the consideration of Rs. ____________/- (Rupees __________________________________ Only). (iii) The Allottee hereby agrees to purchase from the Promoters and the Promoters hereby agrees to assign to the Allottee covered parking spaces bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout/Scheme for the consideration of Rs. ____________/- (Rupees ________________ Only). 1(b) The total aggregate consideration amount for the Shop/Office Block including garages/covered parking spaces is thus Rs.______/- (Rupees ____________________________________________ Only) 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs __________ (Rupees ________________________ only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoters the balance amount ofRs..........................( Rupees ......................................) in the following manner :- i. Amount of Rs......../-(........) (not exceeding 30% of the total consideration) to be paid to the Promoters after the execution of Agreement. ii. Amount of Rs......./-(..........) (not exceeding 45% of the total consideration) to be paid to the Promoters on completion of the Plinth of the building or wing in which the said Shop/Office Block is located. 7 iii. Amount of Rs....../-(...........) (not exceeding 70% of the total consideration) to be paid to the Promoters on completion of the slabs including podiums and stilts of the building or wing in which the said Shop/Office Block is located. iv. Amount of Rs......./-(.............) (not exceeding 75% of the total consideration) to be paid to the Promoters on completion of the walls, internal plaster, floorings doors and windows of the said Shop/Office Block. v. Amount of Rs........./- (...........) (not exceeding 80% of the total consideration) to be paid to the Promoters on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Shop/Office Block. vi. Amount of Rs....../-(.....) ( not exceeding 85% of the total consideration) to be paid to the Promoters on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Shop/Office Block is located. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the Promoters on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of the building or wing in which the said Shop/Office Block is located. viii.Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the Shop/Office Block to the Allottee on or after receipt of occupancy certificate or completion certificate. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoters by way of Goods and Service Tax, Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoters) up to the date of handing over the possession of the Shop/Office Block. 1(e) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoters undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent 8 authorities etc., the Promoters shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(f) The Promoters may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Allottee by discounting such early payments @____% per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoters. 1(g) The Promoters shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoters. If there is any reduction in the carpet area within the defined limit then Promoters shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoters shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1(h) The Allottee authorizes the Promoters to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoters may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoters to adjust his/her payments in any manner. Note: Each of the instalments mentioned in the sub clause (ii) and (iii) shall be further subdivided into multiple instalments linked to number of basements/podiums/floors in case of multi-storied building /wing. 9 2.1 The Promoters hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Shop/Office Block to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Shop/Office Block. 2.2 Time is essence for the Promoters as well as the Allottee. The Promoters shall abide by the time schedule for completing the project and handing over the Shop/Office Block to the Allottee and the common areas to the association of the Allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoters as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Promoters hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and Promoters have planned to utilize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoters have disclosed the Floor Space Index of _______ as proposed to be utilized by them on the project land in the said Project and Allottee has agreed to purchase the said Shop/Office Block based on the proposed construction and assignment of Shop/Office Blocks to be carried out by the Promoters by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoters only. 4.1 If the Promoters fails to abide by the time schedule for completing the project and handing over the Shop/Office Block to the Allottee, the Promoters agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing 10 over of the possession. The Allottee agrees to pay to the Promoters, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoters under the terms of this Agreement from the date the said amount is payable by the Allottee(s) to the Promoters. 4.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoters under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Allottee committing three defaults of payment of instalments, the Promoters shall at their own option, may terminate this Agreement: Provided that, Promoters shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the Allottee and mail at the e-mail address provided by the Allottee, of their intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoters within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoters shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoters) within a period of thirty days of the termination, the instalments of consideration of the Shop/Office Block which may till then have been paid by the Allottee to the Promoters. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoters in the said building and the Shop/Office Block as are set out in Annexure 'E', annexed hereto. 6. The Promoters shall give possession of the Shop/Office Block to the Allottee on or before................. day of ..............20___. If the Promoters fails or neglects to give possession of the Shop/Office Block to the Allottee on account of reasons beyond their control and of their agents by the 11 aforesaid date then the Promoters shall be liable on demand to refund to the Allottee the amounts already received by them in respect of the Shop/Office Block with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoters received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoters shall be entitled to reasonable extension of time for giving delivery of Shop/Office Block on the aforesaid date, if the completion of building in which the Shop/Office Block is to be situated is delayed on account of – (i)war, civil commotion or act of God ; (ii)any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1 Procedure for taking possession - The Promoters, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the Shop/Office Block, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoters shall give possession of the Shop/Office Block to the Allottee. The Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoters. The Allottee agree(s) to pay the maintenance charges as determined by the Promoters or association of Allottees, as the case may be. The Promoters on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of the Shop/Office Block within 15 days of the written notice from the promotor to the Allottee intimating that the said Shop/Office Blocks are ready for use and occupancy: 7.3 Failure of Allottee to take Possession of Shop/Office Block: Upon receiving a written intimation from the Promoters as per clause 7.1, the Allottee shall take possession of the Shop/Office Block from the Promoters by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoters shall give possession of the Shop/Office Block to the Allottee. In case the Allottee fails to take possession within the time provided in 12 clause 7.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the Shop/Office Block to the Allottee, the Allottee brings to the notice of the Promoters any structural defect in the Shop/Office Block or the building in which the Shop/Office Block are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoters at their own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoters, compensation for such defect in the manner as provided under the Act. 8. The Allottee shall use the Shop/Office Block or any part thereof or permit the same to be used only for commercial purpose. He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other Allottee(s)s of Shop/Office Blocks in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the Promoters may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the byelaws of the proposed Society and duly fill in, sign and return to the Promoters within seven days of the same being forwarded by the Promoters to the Allottee, so as to enable the Promoters to register the common organization of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Promoters shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoters and/or the owners in the said structure of the Building or wing in which the said Shop/Office Block is situated. 13 9.2 The Promoters shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/Original ¨ Owner/Promoters and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 9.3 Within 15 days after notice in writing is given by the Promoters to the Allottee that the Shop/Office Block is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Shop/Office Block) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoters such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoters provisional monthly contribution of Rs. ......... per month towards the outgoings. The amounts so paid by the Allottee to the Promoters shall not carry any interest and remain with the Promoters until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoters to the Society or the Limited Company, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoters, the following amounts :- (i)Rs. ..................... for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii)Rs. ................... for formation and registration of the Society or Limited Company/Federation/ Apex body. 14 (iii)Rs. ...................... for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body (iv)Rs. ………………for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v)Rs………………. For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs ________ for deposits of electrical receiving and Sub Station provided in Layout 11. The Allottee shall pay to the Promoters a sum of Rs. ................ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoters in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoters, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoters, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoters hereby represents and warrants to the Allottee as follows: i. The Promoters have clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; 15 ii. The Promoters have lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoters have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Promoters have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; vii. The Promoters have not entered into any agreement and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said Shop/Office Block which will, in any manner, affect the rights of Allottee under this Agreement; viii. The Promoters confirms that the Promoters are not restricted in any manner whatsoever from assigning the said Shop/Office Block to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of Allottees the Promoters shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure to the Association of the Allottees; 16 x. The Promoters have duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoters in respect of the project land and/or the Project except those disclosed in the title report. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Shop/Office Block may come, hereby covenants with the Promoters as follows :- i. To maintain the Shop/Office Block at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Shop/Office Block is taken and shall not do or suffer to be done anything in or to the building in which the Shop/Office Block is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Shop/Office Block is situated and the Shop/Office Block itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Shop/Office Block any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Shop/Office Block is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Shop/Office Block is situated, including entrances of the building in which the Shop/Office Block is situated and in case any damage is caused to the building in which the Shop/Office Block is situated or the Shop/Office Block on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. 17 iii. To carry out at his/her own cost all internal repairs to the said Shop/Office Block and maintain the Shop/Office Block in the same condition, state and order in which it was delivered by the Promoters to the Allottee and shall not do or suffer to be done anything in or to the building in which the Shop/Office Block is situated or the Shop/Office Block which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the Shop/Office Block or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Shop/Office Block or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Shop/Office Block is situated and shall keep the portion, sewers, drains and pipes in the Shop/Office Block and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Shop/Office Block is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Shop/Office Block without the prior written permission of the Promoters and/or the Society or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Shop/Office Block is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Shop/Office Block in the compound or any portion of the project land and the building in which the Shop/Office Block is situated. ¨ 18 vii. Pay to the Promoters within fifteen days of demand by the Promoters, his/her share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Shop/Office Block is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Shop/Office Block by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Shop/Office Block until all the dues payable by the Allottee to the Promoters under this Agreement are fully paid up. x. The Allottee shall observe and perform all the rules and regulations which the Society or the Limited Company or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Shop/Office Blocks therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Shop/Office Block in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which Shop/Office Block is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoters and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said 19 buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Shop/Office Block is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the Promoters and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. The Promoters shall maintain a separate account in respect of sums received by the Promoters from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Co- operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Shop/Office Blocks or of the said Project Land and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Shop/Office Block hereby agreed to be sold to him/her and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoters until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoters executes this Agreement he shall not mortgage or create a charge on the Shop/Office Block and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such Shop/Office Block. 18. BINDING EFFECT 20 Forwarding this Agreement to the Allottee by the Promoters does not create a binding obligation on the part of the Promoters or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoters. If the Allottee(s) fails to execute and deliver to the Promoters this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoters, then the Promoters shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said Shop/Office Block/Project Land/building, as the case may be. 20. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE / SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the Shop/Office Block, in case of a transfer, as the said obligations go along with the Shop/Office Block for all intents and purposes. 21 22. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the Shop/Office Block to the total carpet area of all the Shop/Office Block in the Project. 24. FURTHER ASSURANCES Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 25. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoters through its authorized signatory at the Promoters’ Office, or at some other place, which may be mutually agreed between the Promoters and the Allottee, in after the Agreement is duly executed by the Allottee and the Promoters or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Nagpur. 22 26. The Allottee and/or Promoters shall present this Agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoters will attend such office and admit execution thereof. 27. That all notices to be served on the Allottee and the Promoters as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoters by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: ______________________Name of Allottee _________________________(Allottee’s Address) Notified Email ID:___________ ____________________________ Promoters name ____________________________(Promoters Address) Notified Email ID: ____________ It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Promoters to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 29. STAMP DUTY AND REGISTRATION The charges towards stamp duty and Registration of this Agreement shall be borne by the Allottee. 30. DISPUTE RESOLUTION 23 Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the _______________ Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 31. GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the _______ courts will have the jurisdiction for this Agreement IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement at Nagpur in the presence of attesting witness, signing as such on the day first above written. Left Hand Witnesses Photo Thumb Signature Impression 1) Nanaji L. Kondawar Partner of M/s Vaibhav Warehousing Promoter No. 1 Anita PravinAinchwar Partner of M/s Vaibhav Warehousing Promoter No. 2 2) 24 Gajanan M. Ainchwar Partner of M/s Vaibhav Warehousing Promoter No. 3 PROMOTERS ___________________ ALLOTTEE 25 FIRST SCHEDULE DESCRIPTION OF THE PROJECT LAND ALL THAT Piece and parcel of property consisting of MIDC Leasehold land known as Plot No. P-67 admeasuring about 3792.00 Square Meters in the Butibori Industrial Area situate at Village limits of Rengapar and outside the limits of Nagpur Municipal Council/Corporation, Taluka& Registration Sub District Nagpur (Rural) and Registration District: Nagpur together with all easementrary rights appurtenant and belonging thereto and the Plot is bounded as under: ON THE NORTH - 60.00 Mtrs. R/W ON THE SOUTH - Plot No. P- 62 ON THE EAST - MIDC Road. ON THE WEST - MIDC Road. SECOND SCHEDULE (NATURE, EXTENT AND DESCRIPTION OF COMMON AREAS AND FACILITIES) 26 SCHEDULE ‘A’ - DESCRIPTION OF THE SHOP/OFFICE BLOCK SCHEDULE OF PROPERTY ALL THAT piece and parcel of property consisting of R.C.C. Superstructure bearing Shop/Office Block No. ____ admeasuring approximately about _____ Sq. Mtrs. Carpet Area on the ______ Floor of the scheme known and styled as “Vaibhav Heights - 2” to be constructed on MIDC Leasehold land bearing Plot No. P-67 admeasuring about 3792.00 Square Meters in the Butibori Industrial Area situate at Village limits of Rengapar and outside the limits of Nagpur Municipal Council/Corporation, Taluka& Registration Sub District Nagpur (Rural) and Registration District: Nagpur together with ______ % undivided share and interest in the said piece of land and all other easementrary rights appurtenant & belonging thereto, and also including the proportionate share in the common areas & facilities provided to the said Scheme & is bounded as under: On the East - _________________ On the West - _________________ On The North - _________________ On The South - _________________ 27 SCHEDULE ‘B’ - FLOOR PLAN OF THE SHOP/OFFICE BLOCK 28 ANNEXURE – A Title Report ANNEXURE –B Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoters to the project land. ANNEXURE –C-1 Authenticated copies of the plans of the Layout as approved by the concerned Local Authority ANNEXURE - C-2 Authenticated copies of the plans of the Layout as proposed by the Promoters and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project. ANNEXURE -D Authenticated copies of the plans and specifications of the Shop/Office Block agreed to be purchased by the Allottee as approved by the concerned local authority ANNEXURE – E Specification and amenities for the Shop/Office Block, ANNEXURE –F Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) Received of and from the Allottee above named the sum of Rupees ............... on execution of this agreement towards Earnest Money Deposit or application fee. I say received. The Promoters. 29