Allottee/Purchaser to the Promoter/Developer under this Agreement
     (including his/her proportionate share of taxes levied by concerned local
     authority and other outgoings) and on the Allottee/Purchaser
     comrnitting three defaults of payment of installments, thg
     Promoter/Developer shall at his own option may terminate this Agreement:


     Provided that, Promoter/Developer shall give notice of fifteen days in
     writing to the Allottee/Purchaser, by Registered Post AD at the address
     provided by the Allottee/Purchaser and mail at the e-mail address provided
     by the Allottee/Purchaser, of his 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 AllotteePurchaser
     fails to rectify the bneach or breaches mentioned by the Promoter/Devgloper
     within the period of notice then at the end of such notice period,
     Promoter/Developer shall be entitled to terminate this Agreement.

     Provided further that, upon termination of this Agreement as aforesaid, the
     Promoter/Developer shall refund to the Allottee/Purchaser (subject to
     adjustment and recovery of any agreed liquidated damages or any other
     amount which may be payable to Promoter/Developer) within a period of
     thirty days of the termination, the installments of sale consideration of the
     FlaVShop which may till then have been paid by the Allottee/Purchaser to
     the Promoter/Developer.

5.   The fixtures and fittings with regard to the flooring and sanitary fittings and
     amenities like one or more lifts with partiiular brand, or price range (if
     unbranded) to be provided by the Promoter/Developer in the said building
     and the Flat/Shop as are set out in Annexure 'D' annexed hereto.

6.   The Promoter/Developer shall give possession of the FlaVShop to the
     Allottee/Purchaser on or before                   day of             20-. rf       \

     the Promoter/Developer fails or neglects to give possession of the Flat/Shop
     to the Allottee/Purchaser on account of reasons beyond his control and of his
     agents by the aforesaid date then the Promoter/Developer shall be liable on
     demand to refund to the Allottee/Purchaser the amounts already received by
     him in respect of the Flat/Shop with interest at the same rate as may
     mentioned in the clause 4.1 herein above from the date the
                   "Jai Kedarnath EnterPrisas
                                  \-I)-
                                   --/ Partner                              Page | 10
          Promoter/Developer received the sum till the date the amounts and interest
          thereon is repaid.

          Provided that, the Promoter/Developer shall be entitled to reasonable
          extension of time for giving delivery of Flat/Shop on the aforesaid date, if
          the completion of building in which the Flat/Shop 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 Govemment and/or other
                ptrblic or cornpetent authority/court.
 (        Providecl furlher that, the Promoter/Developer shall not be liable for any
          loss/dalnage or delay due to MSEB causing delay in sarrctior.ring and
          supplying electricity or due to the Corporation or concerned local authority
          causing delay in supplying permanent water connection or such other service
         connections necessary for using/ occupying the said premises.

7.1 Procedure for taking possession: The Promoter/Developer, upon obtaining
         the occupancy certificate from the competent authority and the payment
         made by the AllotteePurchaser as per the agreement shall offer in writing
         the possession of the [Flat/Shop], to the Allottee/Purchaser in terms of this
         Agreement to be taken within 3 (three months from the date of issue of such
         notice and the Promoter/Developer shall give possession of the
                                                                               [Flat/Shop]
         to the Allottee/Purchaser. The Promoter/Developer agrees and undertakes to
         indemnifo the Allottee/Purchaser in case of failure of fulfillment of any of
     the provisions, formalities, documentation on part of the
     Promoter/Developer. The Allottee/purchaser agree(s) to pay the
     maintenance charges as determined by the Pfomoter/Developer or
     association of Allottee/Purchasers, as the case may be. The
   ' Promoter/Developer on its behalf shall offer the possession to the
     Allottee/Purchaser in writing within 7 d,ays of receiving the occupancy
     certificate of the Project.             '


7'2 The Allottee/Purchaser shall take possession of the Flat/Shop within l5 days
         of the written notice from the Promoter/Developer to the Allottee/purchaser
         intimating that the said FlatiShop are ready for use and occupancy:
7.3 Failure of Allottee/Purchaser to take Possession of [Flat/Shopl: Upon
         receiving a 'written intimation from the Promoter/Developer as per clause
                                               Jai Kedarnath EnterPrrsus
                                                              \t )-A-.-
                                                                 -6rn*            Page | 11
      8.1, the Allottee/Purchaser shall take possession pf the
                                                          [Flat/Shop] fi"om the
      Promoter/Developer by executing necessary indemnities, undertakings and
      such other documentation as prescribed in this Agreement, and the
      Promoter/Developer shall give possession of the                    to the
                                                                 [Flat/Shop]
      Allottee/Purchaser. In case the Allottee/Purchaser fails to take possession
      within the time provided in clause 8.1 such Allottee/Purchaser shall continue
      to be liable to pay rnaintenance charges as applicable.
7-4 If within a period of five years from the date of handing overthe Flat/Shop
     to the Allottee/Purchaser, the Allottee/Purchaser brings to the notice of the
     Promoter/Developer any structural defect in the Flat/Shop or the building in
     which the Flat/Shop are situated or any defects on account of workmanship,
     quality or provision of service, then, wherever possible such defects shall 'be
     rectified by the Promoter/Developer at his own cost and in case it is not
     possible to rectiff such defects, then the Allottee/Purchaser shall be entitled
     to receive from the Promoter/Developer, compensation for such defect in the
     manner as provided under the Act.
     Provided that, this warranty is applicable only if after occupying of the
     FlaVShop the Allottee/Purchaser shall maintain the FlaVShop in the same
     conditions as it was handed over to him by the Promoter/Developer. In case
     he makes any changes like shifting of the walls, doors, windows and their
     grills, Bedrooms, kitchen, bathrooms, enclosing balconies, flower, !ed,
     extending rooms, changing flooring, plumbing systems, electrical wiring,
     sanitary systems and fitting, fixing falls ceiling or doing any work affecting
     and damages the columns and/or beams of the building, or damaging the
     stability of the structure of the building, intentionally or due to negligence,
     with or without the permission of the competent authority and./or society or
     association/company. Further, in       the     following cases where the
    Allottee/Purchaser i) installs air-conditioners on the external walls
    haphazardly which may destabilize ,the structure ii) Allottee/Purchaser
    and/or its tenants load heavy luggage in the lift, iii) damage any portion of
    the neighbour's apartment, of common area by drilling or hammering etc.,
    and iv) does not fallow the conditions mentioned in the maintenance manual,,
    the aforesaid warranty.. given by the Promoter/Developer shall not be
    invocable

                          Jai Kedarnath EnterPrises
                                     9r^4-'Partner
                                      -"                                    Page I 12
8.    The Allottee/Purchaser shall use the Flat/Shop or any paft thereof or pennit
      the same to be used only for purpose of
      i                       .f&:'lli6iryin.,g''. o#':'anVt,iftniti9.o'ii,6u'Jin"'5s:(

                                    He shall use the garage or par(ing space only for
      pu{pose of keeping or oarking vehicle.
9.    '!'i,o :r..r,1 :ee rurchaser along with other AllotteelPurchaser(s) of FlaVShop
      iir the I-,i:il<l-ing shail joln in f,orming and registering the Society or
      Associatiu:n cr a Limited Company to be known by such name as the
      Promcter/Developer rnay 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 bye-laws of the proposed Society and duly fill in,
      sign and return to the Promoter/Developer within seven days of the same
      being forwarded by the Promoter/Developer to the Allottee/Purchaser, so as
      to enable the Promoter/I)eveloper to register the common organizalion of
      Allottee/Purchaser. No objection shall be taken by the Allottee/Purchaser if
       dfly, changes or modifications are made in the draft bye-laws, or the
      Memorandum andlor 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 Prornoter/Developer shall, within three months of registration of the
      Society or Association or Lirnited Cotnpany, as aforesaid, cause to be
      transferred to the society or Lirnited Cornpany all the right, title and the
      interest of the Vendor/Lessor/Original OwnerlPromoter/Developer and/or
      the owners in the said structure of the Building or wing in which the said
      FlaUShop is situated.

      The Promoter/Developer shall, within three trlonths of registration of the
      Federation/apex body of the Societies gr 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/Promoter/Developer and/or
      the owners in the project land on which the building with multiple wings or
      bui ldings are constructed.

                                            Jai Kedarnath EnterPrises
                                                                "**/'--
                                                                  --4tarlner
                                                                                          Page | 13
 9.3 Within 15 days after notice in writing is given by the Promoter/Developer to
         the Allottee/Purchaser that the Flat/Shop is ready for use and occupancy, the
         Allottee/Purchaser shall be liable to bear and pay the proportionate share
         (i.e. in proportion to the carpet area of the Flat/Shop) 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/Purchaser
        shall pay to the Promoter/Developer such proportionate share of outgoings
        as may be determined.                      The Allottee/Purchaser further agrees that
        till the Allottee/Purchaser's share is so determined the Allottee/Purchaser
        shall pay to the Promoter/Developer provisional monthly contribution of Rs.
                                . per month towards the outgoings. The amounts so paid by
        the Allottee/Purchaser to the Promoter/Developer shall not carry any interest
        and remain with the PromoterlDeveloper 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              e




        by the Promoter/Developer to the Society or the Limited company, as the
        case mav be.


10. The Allottee/Purchaser shall on or before delivery of possession of the said
        premises keep deposited with the PromoterlDeveloper, the following                           i


        amounts :-

(i)     Rs. . .      . . .. .   . /- for share money, application entrance fee of the Society
        or Limited Company/Federation/Apex body.

(ii)    Rs. ..       ...... l- for forrnation and registration of the Society or I.imited
        Cornpany/Federation/Apex body.

(iii)   Rs. . .      ...... l- for proportionate share of taxes and other charges/levies
        in respect of the Society or Limited company/Federation/Apex body
                  Jai Kedarnath EnterPrises
                                                                                     Page | 14
                                      ':*'artner
(i")   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 &

ivi)   ;\;..              ;'*fo,- deposits of electrical receiving and Sub Station
       provided in Layout.

I 1.   The Allottee/Purchaser shall pay to the Promoter/Developer a sum of Rs.
                    /-for meeting all legal costs, charges and expenses, including
       professional costs of the Attorney- at-l,aw/Advocates of the
       Promoter/Developer in connection with formation of the said Society, or
       Limited Company, or Apex Body or Federation a4d 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
       builcling or wing of the building, the Allottee/Purchaser shall pay to the
       Prornoter/Developer, the Allottee/Purchaser's share of starnp duty and
       registration charges payable, by the said Society or Lirnited Company on
       such conveyance or lease or any document irr instrurnent 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/Purchaser shall pay to the PromoterlDeveloper, the
       Allottee/Purchaser & 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.
1a
ta     Representations And Warranties Of The Promoter/Developer :
       The Promoter/Developer hereby represents and warrants to the
       Allottee/Purchaser as foilows :
I      The Promoter/Developer has clear and marketable title with respect to the
       project land; as declared in the titie 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 proj-ect land for the
       implementation of the Project;


                                                                              Page | 15
 ii.     The Promoter/Developer has lawful rights and requisite approvals from the
         competent Authorities to carry out development of the Project and shall
         obtain requisite approvals from tirne to time to complete the development of
         the project;


 iii.    There are no encurnbrances upon the project land or the Project except those                                          I



         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 Promoter/Developer has                                ,




        been and shall, at all times, remain to be in compliance with all applicable           I




        laws in relation to the Project, project land, Building/wing and common                                    ,




        areas;

vi.     The Promoter/Developer has the right to enter into this Agreement and has
        not committed or omitted to perform any act or thing, wherety the right, title                 '
                                                                                                           ,




        and interest of the Allottee/Purchaser created herein, may prejudicially be
                                                                                           I
        affected;
vii.    The Promoter/Developer has not entered into any agreement for sale 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 fFlat/Shop] which rvill, in any manner, afl'ect the rights of
        Allottee/Purchaser under this Agreement;
viii. The Promoter/Developer confirms that the Promoter/Developer is not
        restricted in any manner whatsoever frbrn selling the said [Flat/Shop] to the
        Allottee/Purchaser in the manner contempiated in this Agreement;


ix.     At the time of execution of the conveyance deed of the structure to the
        association of Allottee/Purchasers the Promoter/Developer shall handover
        lawful, vacant, peaceful, physical possession of the common areas of the
        structure to the Association of the Allottee/purchasers:
                Jai Kedarnath EnterPrises
                                "g(,n",                                        Page | 16
X.    The Promoter/Developer, has 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
      conrpeten t Authorities;

xl.   No notice from the Governrnent 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 PromoterrDeveloper in respect of the project
      land and/or the Project except those disclosed in the title report.
14.   The AllotteelPurchaser/s or himself/themselves with intention to bring all
      persons into whosoever hands the Flat/Shop may, come, hereby covenants
      with the Promoter/Developer as follows:-
      i.     To maintain the Flat/Shop at the Allottee/Purchaser's own cost in
             good and tenantable repair and condition from the date that of
             possession of the Flat/Shop is taken and shall not do or suffer to be
             done anything in or to the building in which the Flat/Shop 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
             Flat/Shop is situated and the Flat/Shop itself or any part thereof
             without the consent of the local authorities, if required.
      ii.    Not to store in the FlaVShop 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 Flat/Shop is
             situated or storing of which goods is objected to by the concemed
             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
             Flat/Shop is situated, including entrances of the building in which the
             Flat/Shop is situated and in case any damage is caused to the building
             in which the Flat/Shop is situated or the FlaVShop on account of
             negligence or default of the Allottee/Purchaser in this behalf, the
             Allottee/Purchaser shall be liable for the consequences of the breach.
      iii.   To carry out at his own cost all internal repairs to the said Flat/Shop
             and maintain the Flat/Shop in the same condition, state and order in
                                     Jai Kedarnath Entergrises,
                                                           A^-/\/'           Page | 17
                                                             .--t/
                                                           Pa rtner
        which it was delivered by the promoter/Developer to the
        Allottee/Purchaser and shall not do or suffer to be done anything in or
        to the building in which the Flat/Shop is situated or the FlatlShop
        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/Purchaser committing any act in contravention of the
        above provision, the Allottee/Purchaser 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 Flat/Shop or any parr
        thereof nor at any time make or cause to be made any addition or
        alteration of whatever nature in or to the FlaVShop or any partthergof
       nor any alteration in the elevation and outside colour scheme of the
       building in which the Flat/Shop is situated and shall keep the portion,
        sewers, drains and pipes in the Flat/Shop 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 Flat/Shop 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 Flat/Shop without the prior written
       permission of the Promoter/Developer arrdlor 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 Flat/Shop is situated or any part thereof or whereby any
       increased premium shall become payable in respect of the insurance.
vi.    Not to throw din, rubbish, rags, garbage or other refuse or permit the
       same to be thrown from the said Flat/Shop in the compound or any
       portion of the project land and the building in which thc Flat/Shop is
       situated.
vii.   Pay to the Promoier/Developer within fifteen days of demand by thp
       Promoter/Developer, his share of security deposit demanded by the
       concemed local authority or Government or giving water, electricity




                                                                       Page | 18