AGREEMENT FOR SALE This Agreement is made at Ambernath on this _____ day of ___________ 2017 Between -2- M/s. ROHRA CONSTRUCTIONS partnership firm carrying on business as builders, building contractors, property developers, PROMOTERS / BUILDERS & DEVELOPERS of co-operative societies, etc., through its partner Mr. Prakash Dnyandeo Wankhede, Age 59 years, office at: - Blossom, Lower Ground, Shiv Shrishti CHS, Opp. Post Office, Ambernath (E), 421 501, hereinafter called the “PROMOTERS / BUILDERS & DEVELOPERS” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include its successors) of the One Part. AND _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ hereinafter called “The Purchasers” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include its successors) of the “Other Part” WHEREAS: 1. The property and structure i.e. Stilt plus three floor building popularly known as PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED, constructed as per sanctioned plan by then Commencement certificate issued by Kalyan Municipal Council dated 04/04/1990 bearing outward no. KMP/NRV/BP/AMBER/84- 3, on CTS No. 8869/8945, on Survey No. 74 Hissa No. 2 & 3, at Barkupada, Near Shiv Mandir Ambernath (E), admeasuring about 1287.82 Square Meter, within Municipal Boundary of Ambernath Municipal Council, Registration Sub District Ulhasnagar-3. (detailed description of property is given schedule herein under schedule 1 and herein after unless the context otherwise requires the same id referred as “the said property”) 2. The property referred herein below in Schedule - II was in the name of 1) Shri. Pundlik Bemtya Bhoir 2) Smt. Sunanda Kashinath Bhoir 3) Smt. Asha Sagar Thanage, who held and occupied the same as title holder of the said property, and the said property is developed by -3- Shri. Vishal Bhikaji Ovhal as promoter for proposed PARIJAT CO- OPERATIVE HOUSING SOCIETY LIMITED, by entering into registered Deed of Conveyance between 1) Shri. Pundlik Bemtya Bhoir 2) Smt. Sunanda Kashinath Bhoir 3) Smt. Asha Sagar Thanage registration no. 422-1985 & 512/16-3-1988 respectively in the year 1987 – 88 and constructed Stilt Plus Three floored building on the said property popularly known as “PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED.”, (herein after unless the context otherwise requires referred the same as “the said Building”) as per sanctioned plan by then municipal region i.e. Kalyan Municipal Council, after developing the said property as per sanctioned plan i.e. Plan bearing outward no. KMP/NRV/BP/AMBER/84-3, Dated 04/04/1990 Shri. Vishal Bhikaji Ovhal as promoter for proposed PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED sold the flats in the said building to the various purchasers through PARIJAT CO- OPERATIVE HOUSING SOCIETY LIMITED. 3. Thereafter the purchaser of the flats in the said building formed cooperative housing society known as PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED, a society duly registered under the provisions of Maharashtra Co-operative Societies Act 1960, under Registration No. TNA/ULR/HSG/T.C./742/88-89 dated 20th May 1988, having its address at Shiv Mandir Road, Barkupada Marg, Ambernath (E), Dist- Thane 421501. 4. And whereas the structure standing i.e. the said building on the said property was approximately 26 years old and required reconstruction as whole due to non-maintenance, damages to the structure of the said building and the said building was in dilapidated condition and it is completely ruined and may fall down if not reconstructed and that may cause danger to the life and limb of residents of the said building and accordingly the Ambarnath Municipal Council has issued necessary letter to that effect. 5. And therefore the members of “PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED” unanimously decided in special general body -4- meeting to give the plot along with the entire building popularly known as “PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED” for reconstruction and for redevelopment. 6. And therefore all the members i.e. flat purchaser in PARIJAT CO- OPERATIVE HOUSING SOCIETY LIMITED given the entire piece of land including Stilt Plus Ground plus three floors building i.e. PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED for re- development to PROMOTERS / BUILDERS & DEVELOPERS herein i.e. M/s. ROHRA CONSTRUCTIONS, Builders & Developers partnership firm by registered deed of development bearing registration no. 8027/15 dated 09/09/2015& irrevocable power of attorney bearing registration no. 8028/15 dated 09/09/2015 on terms and condition and for consideration mentioned therein. 7. The said piece of land admeasuring about 1287.79 Square meters is within the Ceiling limits prescribed for Ulhasnagar Urban Agglomeration and the owners are entitled to hold the same. 8. Upon the said Agreement for Development M/s. ROHRA CONSTRUCTIONS, Builders & Developers through its licensed Architect M/s. Thorat Mathew & Associates registered with the Council of Architects and Structural Engineers M/s. S. S. Consultants submitted its development plan before Ambernath Municipal Council (A.M.C.) for approval of the said development on the “entire land” more particularly described in First Schedule hereunder written. 9. And whereas as per plan submitted, M/s. ROHRA CONSTRUCTIONS, Builders & Developers got sanctioned and got issued commencement certificate bearing outward no. ANP/NRV/BP/16-17/38/8613/03 dated 16/04/2016 from A.M.C. for construction of multi storey building as per sanctioned plan on various occasions in present and future. 10. The Title certificate is issued by Advocate Dattaram Dindikar certifying that the title of the original owners to the said property is -5- marketable and free from encumbrances and the PROMOTERS / BUILDERS & DEVELOPERS has authority to sell flats and premises. Accordingly the PROMOTERS / BUILDERS & DEVELOPERS are constructing on the “entire land” building consisting of Stilt plus Ground plus three floors building, which is known as PARIJAT CO- OPERATIVE HOUSING SOCIETY LIMITED. By virtue of the said Agreement for Development hereinbefore recited, the PROMOTERS / BUILDERS & DEVELOPERS alone have the sole and exclusive right to develop the “entire land” and use F.S.I./TDR related to the said property. 11. The present layout and design and plans, got sanctioned may be required to be amended from time to time by the PROMOTERS / BUILDERS & DEVELOPERS. The Purchaser has entered in to the present agreement knowing fully well that the scheme of development being carried out by the PROMOTERS / BUILDERS & DEVELOPERS on the said property is very large. Therefore, the PROMOTERS / BUILDERS & DEVELOPERS may require amending, from time to time, the layout plans and design and the Purchaser has no objection to the PROMOTERS / BUILDERS & DEVELOPERS making such amendment and further permission or consent express or implied of purchaser is not necessary. 12. The Purchaser has been Booked Flat No. _____ on the ____ floor of Wing No. “____” of PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED, admeasuring ____ sq. mtrs. carpet area (excluding of the area of Balconies. Terrace admeasuring about ____ sq. mtrs. carpet area being the building constructed on the said property as indicated on the floor plan thereof. 13. the carpet area of the said premises is ______ square meters and "carpet area" means the net usable floor area of the said premises, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Premises for exclusive use of the Purchaser or verandah area and exclusive open terrace area appurtenant to the said Premises for exclusive -6- use of the Purchaser but includes the area covered by the internal partition walls of the premises. AND WHEREAS the Promoter have disclosed and brought to the clear notice and knowledge of the Purchaser herein that the entire scheme of construction and that the same will be further revised by availing transferable development rights and putting up two additional floors thereon as per the prevailing laws, rules, enactments and statutes shall follow the due process of law and obtain the revised sanctions, alterations and modifications and shall proceed with the construction work from time to time and shall exploit the maximum potentiality of floor space index and during the course of construction and completion of the entire scheme of construction will form a policy for the formation of the ad-hoc committee of the Promoters and further shall follow the due procedure to coopt the Purchaser herein to the membership of the Parijat Cooperative Housing Society Limited and the Purchaser shall be entitled to all the arrangement and provision of the common infrastructural amenities and facilities to be used, utilized and enjoyed by all the flat purchasers in the scheme of construction in common. AND WHEREAS the Purchaser has gone through the entire recitals, seen and inspected the sanctioned plans, understood the policy of revision, expansion, modification in the sanctioned plans, availment of additional floor space index by the Promoter, the formation of society, transfer of land, provision of infrastructural facilities and other related further provisions and expansions and after being satisfied about the same have granted his express and irrevocable consent and in confirmation thereof has agreed to enter into this agreement and the Purchaser further declares that the above recitals, stipulations, covenants and provisions shall always remain binding upon him and he shall adhere the same in its entirety and shall not raise any objection and /or claim in respect thereof. AND WHEREAS the Promoter has disclosed that they intend to amalgamate the adjacent plot bearing Survey No. _____ admeasuring 500.50 sq. metres or thereabout with the said property and obtain the revised building commencement certificate from the Ambarnath -7- Municipal Council and thereby construct annex building and/or additional building and/or further have additional construction on existing building. AND WHEREAS the Promoter has disclosed the above further scope of changes, modifications and shown the scheme of construction and the Purchaser after going through the entire disclosures, the future course of expansion and development and also verifying the site of the building and the work of construction and its progress thereof, the site of infrastructural and recreational facilities and amenities and nature and scope thereof and after being satisfied about the same has agreed to enter into this agreement and further expressly and irrevocable declare that he shall not raise any objection, claim, demand or action in respect of the additions, modifications, changes and / or further alterations in the scheme of construction as may be permitted the concerned town planning authorities from time to time and accordingly has granted his/her express and irrevocable consent and confirmation for the same. AND WHEREAS the Promoter has 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 Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS, the Promoter shall/has follow the requisite procedure under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority. AND WHEREAS on demand from the Purchaser, the Promoter has given inspection to the Purchaser of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's 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; -8- AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Premises are constructed or are to be 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 Promoter and according to which the construction of the buildings 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 Premises agreed to be purchased by the Purchaser, as sanctioned and approved by the local authority have been annexed and marked as Annexure D. AND WHEREAS the Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s 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 the said fact of such stage of progress of construction work, building wise, phase wise completion is also disclosed and brought to the notice and knowledge of the Purchaser herein. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy -9- certificate in respect of the said building/s shall be granted by the concerned local authority. 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; AND WHEREAS, prior to the execution of these presents the Purchaser has paid to the Promoter a sum of Rs________________ (Rupees __________ ___________________________________) only, being part payment of the sale consideration of the premises agreed to be sold by the Promoter to the Purchaser as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Purchaser has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Premises with the Purchaser, 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 Promoter hereby agrees to sell and the Purchaser hereby agrees to purchase the said premises. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building/s presently as per the sanctioned plans and permissions on the said property described in the Schedule hereunder written in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Purchaser in respect of variations or modifications which may adversely affect the - 10 - premises of the Purchaser except any alteration or addition required by any Government authorities or due to change in law. 1.a. (i) The Purchaser hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Purchaser, the premises being Flat No. _____ on the ____ floor of Wing No. “A” of PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED, admeasuring ____ sq. mtrs. carpet area (inclusive of the area of Balconies) & Terrace admeasuring about ____ sq. mtrs. carpet area (herein after referred to as the said “premises”) being constructed on the said property described in the Third Schedule hereunder written as shown in the Floor plan thereof hereto annexed and marked Annexure D for the consideration of Rs. ______________(Rupees ______________________Only) including 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. (ii) The Purchaser hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Purchaser covered parking spaces bearing No. ____ situated at _______ stilt being constructed in the layout for the consideration of Rs.______________ (Rupees ____________________________ ___________________________________ only) 1(b) The total aggregate consideration amount for the said Premises including garages / covered parking spaces is thus Rs_____________(Rupees__________________________________ _____ only) 1(c) The Purchaser has agreed and assured to pay the total consideration of Rs __________ (Rupees _______________________ ________________________ only) to the Promoter in the following manner - - 11 - i) Rs.10% paid at the time of execution of this agreement. ii) Rs.35% to be paid to the Promoter on completion of the Plinth of the wing in which the said Premises is situated. iii) Rs.05% to be paid on completion of first slab of the wing in which the said Premises is situated. iii) Rs.05% to be paid on completion of second slab of the wing in which the said Premises is situated. iv) Rs.05% to be paid on completion of third slab of the wing in which the said Premises is situated. v) Rs.05% to be paid on completion of fourth slab of the wing in which the said Premises is situated. vi) Rs.05% to be paid on completion of fifth slab of the wing in which the said Premises is situated. vii) Rs.05% to be paid to the Promoter on completion of the brick work of the said premises. viii) Rs.05% to be paid to the Promoter on completion of walls and internal plaster of the said premises. ix) Rs.05% to be paid to the Promoter on completion of the external plaster and elevation of the building in which the said premises is situated. x) Rs.05% to be paid to the Promoter on completion of the tiling work of the building in which the said premises is situated. xi) Rs.05% to be paid to the Promoter on completion of the doors, windows, sanitary fittings, lifts, water pumps, electrical fittings, floorings of staircase, common lobbies, entrance lobby terraces with water proofing, external plumbing, paving of area. - 12 - xii) Rs.05% be paid to the Promoter at the time of handing over of the possession of the said Premises to the Purchaser on or after receipt of occupancy certificate or completion certificate. The Cheque / DD / Pay order to be drawn in favour to M/s. Rohra Constructions. A/C No: 50200013541375 IFSC CODE : HDFC0000816 Bank : HDFC Bank Branch : Ambernath ( E ) 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Goods and Services 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 Promoter) up to the date of handing over the possession of the said premises. 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 Promoter undertakes and agrees that while raising a demand on the Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter 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 Purchaser, which shall only be applicable on subsequent payments. 1(f) The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Purchaser by discounting such early payments @ 3% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to - 13 - any revision/withdrawal, once granted to the Purchaser by the Promoter. 1(g) The Promoter shall confirm the final carpet area that has been allotted to the Purchaser 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 Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Purchaser 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 Purchaser. If there is any increase in the carpet area allotted to Purchaser, the Promoter shall demand additional amount from the Purchaser 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 Purchaser authorizes the Promoter 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 Promoter may in its sole discretion deem fit and the Purchaser undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 2.1. The Promoter 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 Premises to the Purchaser, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Premises. 2.2. Time is essence for the Promoter as well as the Purchaser. The Promoter shall abide by the time schedule for completing the - 14 - project and handing over the said premises to the Purchaser and the common areas to the association of the Purchasers after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Purchaser shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 herein above. (“Payment Plan”). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and Promoter has 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 Promoter has disclosed the Floor Space Index of _______ as proposed to be utilized by him on the project land in the said Project and Purchaser has agreed to purchase the said Premises based on the proposed construction and sale of premises to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 4.1. If the Promoter fails to abide by the time schedule for completing the project and handing over the said premises to the Purchaser, the Promoter agrees to pay to the Purchaser, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Purchaser, for every month of delay, till the handing over of the possession. The Purchaser agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Purchaser to the - 15 - Promoter under the terms of this Agreement from the date the said amount is payable by the Purchaser(s) to the Promoter. 4.2. Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Purchaser committing default in payment on due date of any amount due and payable by the Purchaser to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchaser committing three defaults of payment of installments, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Purchaser, by Registered Post AD at the address provided by the Purchaser and mail at the e-mail address provided by the 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 Purchaser fails to rectify the breach or breaches mentioned by the Promoter 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 Promoter shall refund to the Purchaser (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Premises which may till then have been paid by the Purchaser to the Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular details to be provided by the Promoter in the said building and the Premises as are set out in Annexure 'E', annexed hereto. 6. The Promoter shall give possession of the said premises to the Purchaser on or before ____ day of ______ 20__ with an extension - 16 - in time thereof for six months or so. If the Promoter fails or neglects to give possession of the Premises to the Purchaser on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Purchaser the amounts already received by him in respect of the Premises with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of said premises on the aforesaid date, if the completion of building in which the Premises is to be situated is delayed on account of i) Non-availability of steel, cement other building materials, water or electric supply and labour; ii) War, civil commotion or Act of God; iii) Any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Purchaser as per the agreement shall offer in writing the possession of the said premises to the Purchaser in terms of this Agreement to be taken within 15 days from the date of issue of such notice and the Promoter shall give possession of the said premises to the Purchaser. The Promoter agrees and undertakes to indemnify the Purchaser in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Purchaser agree(s) to pay the maintenance charges as determined by the Promoter or association of Purchaser s, as the case may be. The Promoter on its behalf shall offer the possession to the Purchaser in writing within 7 days of receiving the occupancy certificate of the Project. - 17 - 7.2 The Purchaser shall take possession of the said premises within 15 days of the written notice from the Promoter to the Purchaser intimating that the said premises are ready for use and occupancy: 7.3 Failure of Purchaser to take Possession of Said Premises from the Promoter: Upon receiving a written intimation from the Promoter as per clause 7.1, the Purchaser shall take possession of the said premises from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the said premises to the Purchaser. In case the Purchaser fails to take possession within the time provided in clause 7.1 such Purchaser 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 said premises to the Purchaser, the Purchaser brings to the notice of the Promoter any structural defect in the Premises or the building in which the Premises 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 at his own cost and in case it is not possible to rectify such defects, then the Purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. 7.5 THE Promoter hereby agrees that they shall make out clear and marketable title to the said property free from encumbrances and doubts before handing over the possession of the premises to the Purchaser and ensure that the said property is free from all encumbrances and that the Promoter has absolute, clear and marketable title to the said property. 8. The Purchaser shall use the said premises or any part thereof or permit the same to be used only for purpose of which it is sanctioned and approved by the municipal authorities. He shall use - 18 - the garage or parking space only for purpose of keeping or parking vehicle. 9. The Purchaser along with other Purchaser(s) of premises in the building shall join in forming and registering the Cooperative Housing Society or Association or a Limited Company to be known by such name as the Promoter 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 Promoter within seven days of the same being forwarded by the Promoter to the Purchaser, so as to enable the Promoter to register the common organisation of Purchaser. No objection shall be taken by the Purchaser 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. The Promoter shall take into consideration the factual aspect as regards the administration, management of day to day affairs of the constructed and completed building and shall form a time frame policy for formation and registration of the cooperative housing society or association or limited and till such time shall call upon the purchasers who have acquired the flats to form an ad-hoc committee for carrying out the day to day administration and management of the said building in which the said premises is situated and shall render their sincere and utmost cooperation to such ad-hoc committee till the formation and registration of the society or association or limited company. 9.1. The Promoter after formation and registration of such ad-hoc committee, its administration and management and with the cooperation and support of the purchasers in the building/s shall form and register the cooperation housing society or association or - 19 - limited company and within three months of such 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 Owners in the said structure of the Building or wing in which the said premises is situated and further the Promoter 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 Owners in the project land on which the building with multiple wings or buildings are constructed. 9.2. Within 15 days after notice in writing is given by the Promoter to the Purchaser that the Premises is ready for use and occupancy, the Purchaser shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Premises) 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 Purchaser shall pay to the Promoter such proportionate share of outgoings as may be determined. The Purchaser further agrees that till the Purchaser's share is so determined the Purchaser shall pay to the Promoter provisional monthly contribution of Rs.____ per month towards the outgoings. The amounts so paid by the Purchaser to the Promoter shall not carry any interest and remain with the Promoter 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) - 20 - shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The Purchaser shall pay the requisite costs to the Promoter for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoter 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. 11. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Purchaser shall pay to the Promoter, the Purchasers' 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 Purchaser shall pay to the Promoter, the Purchasers' 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. 12. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Purchaser as follows: i. The Promoter has 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; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and - 21 - 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 Promoter has 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 Promoter has 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 Purchaser created herein, may prejudicially be affected; vii. The Promoter 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 premises which will, in any manner, affect the rights of Purchaser under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said premises to the Purchaser in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the Association of Purchasers the Promoter shall handover lawful, - 22 - vacant, peaceful, physical possession of the common area soft he Structure to the Association of the Purchasers; x. The Promoter 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 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 Promoter in respect of the project land and/or the Project except those disclosed in the title report. 13. The Purchaser/s or himself/themselves with intention to bring all persons into whosoever hands the Premises may come, hereby covenants with the Promoter as follows:- i. To maintain the said premises the Purchaser's own cost in good and tenantable repair and condition from the date that of possession of the Premises is taken and shall not do or suffer to be done anything in or to the building in which the Premises 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 Premises is situated and the Premises itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the said premises 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 Premises 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 - 23 - structure of the building in which the said premises is situated, including entrances of the building in which the said premises is situated and in case any damage is caused to the building in which the said premises is situated or the Premises on account of negligence or default of the Purchaser in this behalf, the Purchaser shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Premises and maintain the Premises in the same condition, state and order in which it was delivered by the Promoter to the Purchaser and shall not do or suffer to be done anything in or to the building in which the Premises is situated or the Premises 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 Purchaser committing any act in contravention of the above provision, the 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 Premises 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 Premises or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Premises is situated and shall keep the portion, sewers, drains and pipes in the Premises 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 Premises 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 Premises without the prior written permission of the Promoter 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 - 24 - the building in which the Premises 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 Premises in the compound or any portion of the project land and the building in which the Premises is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his 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 Premises 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 Premises by the Purchaser for any purposes other than for purpose for which it is sold. ix. The Purchaser shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Premises until all the dues payable by the Purchaser to the Promoter under this Agreement are fully paid up and necessary intimation is provided to the Promoter and no objection therefor is sought by the purchaser from the Promoter for such transfer and assignment. x. The Purchaser shall observe and perform all the rules and regulations which the Society 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 premises 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 - 25 - Government and other public bodies. The Purchaser shall also observe and perform all the stipulations and conditions laid down by the Society regarding the occupancy and use of the Premises 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 Premises is situated is executed in favour of Society, the Purchaser shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xii. The Purchaser shall permit the Promoter 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. 14. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Purchaser as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 15. The Promoters shall be entitled to sell the premises in the said building for the purpose of using the same as bank, dispensaries, nursing homes, maternity homes, coaching classes and for other non-residential purpose and the Purchaser herein along with the other Purchasers shall not raise any objection for such non- residential use of the premises sold by the Promoters to the intending Purchasers. 16. The Purchaser has seen the layout of the proposed building and has agreed and understood the common amenities like common roads, - 26 - drainage, sewers, water pipe lines, street lights etc., shall be the common property and shall be available for common use by all the buyers of the premises in the said buildings and accordingly the Purchasers of the premises in the said buildings and the different common organisation will have unrestricted right of way in common spaces, roads and laying of pipelines, telephone and electric cables, sewerage and drainage line etc., 17. THE Purchaser shall be responsible for additional municipal taxes that may be levied by reason of the user of any permitted tenancy or leave and license agreement in respect of the premises allotted to the purchaser. 18. IT is hereby agreed that the Promoters shall be at liberty to amalgamate and / or combine one or more plots of land adjacent to the said land and get the plan of the proposed building/s to be constructed on the land so amalgamated / combined sanctioned from the planning authority and in such event form and get registered cooperative housing society of all the flats purchasers in the said buildings and the Purchaser herein shall not, in any manner object the said right of the promoters. It is further agreed that in such event (purchasers of the adjacent land for the purpose of development) the Promoter shall be at liberty and / or entitled to grant a right of way from or through the said land for approaching (or of the better approach) to the adjacent lands those would be acquired with a view to developing them and the Purchaser herein shall not object the said right of the Promoter in any manner. 19. The Purchaser/s hereby declare and confirm that he / she have entered into this agreement, after reading and having understood the contents of all the aforesaid exemption order, building permissions, deeds, documents, writings and papers and all disclosures made by the Promoter to the Purchaser/s and with full knowledge and information thereof and subject to the terms, conditions and stipulations imposed or which may hereafter be imposed by the concerned town planning authority and all other - 27 - concerned government bodies and authorities and also subject to the Promoter's right to make the necessary amendments, variations, modifications and / or changes therein and their right to avail, use, utilise, consume and exploit the entire balance and additional floor space index available on the said property as well as the transferable development rights as may be permissible by law and other benefits in F.S.I. on the said land. 20. The Promoters have brought to the clear notice and knowledge of the Purchaser that during the course of development they shall sell, assign, mortgage, charge, encumber or otherwise deal with all or any of their rights, title, benefits and interest in respect of the said property, and / or the said building or any part thereof. The Promoter has brought to the notice and knowledge of the Purchaser that during the course of construction / development, the Promoter will avail and procure financial assistance, construction loan, cash credit facilities and other mode of monetary assistance and borrowing by mortgaging the property and the scheme of construction thereby creating charge, mortgage on the said property and the purchaser is aware of the same and the Purchaser shall not raise any objection or obstruction to such creation of charge, mortgage and raising the finance by the Promoter. However, such charge and mortgage shall be subject to rights of the purchaser under this agreement. The Purchaser further confirm and undertake that he will issue cheques of the installment as specified and in favour in the account banks and financial institutions as nominated and directed by the Promoter. However, such sale, assignment, mortgage, charge, encumbrance and raising of finance, monies for the development of the said property shall always be subject to the rights of the Purchaser/s under this agreement. 21. It is expressly agreed that the Promoter shall be entitled to put a hoarding and / or cable network station mobile phone set up or station on the said property or on the building to be constructed on the said property and the said hoardings may be illuminated or - 28 - comprising of neon sign or such other type or mode as may be designed by the Promoter and for the purpose Promoter is fully authorised to allow temporary or permanent construction or erection in installation either on the exterior or the said building or on the property as the case may be and the Purchaser agrees not to object or dispute the same. Necessary covenants, reservations in respect thereto shall be incorporated in the proposed conveyance. The Promoter or his nominees shall be exclusively entitled to the income that may be derived by display of such advertisement or installation of cable network or mobile phone station, at any time hereafter. The Purchaser shall not be entitled to any abatement in the price of the said premises or to object to the same for any reason and shall allow the Promoter, his agents, servants etc., to enter into the said property including the terraces and other open spaces in the building for the purpose of putting and / or preserving and / or maintaining and / or removing the advertisements and / or hoardings, neon lights or such installations etc., The Promoter shall be entitled to transfer or assign such right to any person or persons whom they deem fit and the purchaser shall not raise any objection thereto. 22. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said premises or of the said Plot and Building or any part thereof. The Purchaser shall have no claim save and except in respect of the Premises hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter 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. 23. Notwithstanding any other provisions of this agreement the Promoters has disclosed and brought to the knowledge of the Purchaser that it shall be at the sole and absolute discretion of the Promoter : - 29 - a) to form a separate/combined co-operative housing society or limited company or condominium of apartment or any other body or bodies of Purchasers to be formed and constituted. b) to decide and determine how and in what manner the infrastructure including the common areas and amenity space, recreation garden, all other open spaces, layout or internal roads if any may be transferred and/or conveyed/ assigned/ leased. c) to provide for and incorporate covenant and restriction and obligations with regard to the provision of maintaining the infrastructure and common amenities including garden and roads as well as garden attached to the ground floor flats, if any. d) to decide from time to time to what extent the building/s along with land appurtenant to its transferred to the respective body formed. e) to decide from time to time when and what sort of document of transfer should be executed. f) to grant of right of access/way from and through the said property to the adjacent buildings and plots as well as the easement rights of the said property. g) to form a federation of all the cooperative housing societies to be formed in the said scheme of construction and to convey the said land and the building to a apex body. h) to execute the conveyance of the said property in parts, taking into consideration the divisions of property due to road and such conveyance and transfer of land will not be equivalent to the floor space index consumed in the construction of the building situated on the said land conveyed in favour of the society/ies. and the Purchaser has clearly understood the same and in confirmation thereof has granted his / her clear, express, unequivocal and irrevocable consent for the same and shall not raise any objection, claim hindrance and obstruction to the rights, options and discretion as reserved by the Promoter herein - 30 - 24. The Promoters have shown the layout of the entire property to the Purchaser and it is agreed and understood by and between the parties that taking into consideration the sanctioned layout the Purchaser covenant with the Promoters as under :- i) that as per the sanctioned plans and permissions, the open spaces are to be strictly kept unencumbered and unobstructed. ii) fencing, partition, retaining walls will not be constructed between the buildings. iii) cable/drainage/telephone lines etc., should be allowed in open space of the building undertaken for development. iv) location of electric transformer/ sub-station shall be earmarked/defined by the Architect of the Developers v) common amenities and the estimate thereof as well as proportionate share thereto shall be ascertained by the Architect of the Developer. vi) the execution of the external compound wall will be as per the design and specification of the architect of promoters and the elevation of the buildings shall not be changed or altered. vii) each building shall be maintained in good and proper condition along with the unobstructed right of access. viii) it is clearly brought to the notice of the Purchaser herein and the Purchaser herein is clearly made aware that the Promoters have acquired the development rights of the land as described in the Schedule hereunder written however due to the certain reservations and/or set backs the area to be handed over and conveyed to the cooperative housing society and / or the corporate body will not be equivalent to the area of construction availed in the said buildings constructed on the said available land and the Purchaser herein will not raise any objection, hindrance or obstruction such execution of the conveyance and such execution of conveyance shall be executed taking into consideration the entire buildings constructed in the - 31 - said property along with the right and interest in the common open spaces, playground etc., ix) the Promoter has also brought to the knowledge of the Purchaser that the property on which the building is constructed forms an integral part of the entire scheme of construction of the entire property described in the first schedule and accordingly the Promoter and the Purchaser herein shall have the rights and interest and benefits of the common open spaces, internal road and access as well as infrastructural facilities of the entire scheme of construction described in the first schedule along with the other purchasers of the building in the said scheme of construction and accordingly the Purchaser shall cooperate and extend their sincere participation as well as the contribution of funds for maintenance and other outgoings of the said infrastructural facilities on the said scheme of construction as per the directions and discretion of the Promoters herein. 25. The Promoter has clearly brought to the notice and knowledge of the Purchaser (i) that in pursuance to the sanctioned plans and permissions, the Promoter is entitled to commence, carry out the construction work of Buildings as presently sanctioned under the building permission granted by the municipal authority on the amalgamated property described in the Schedule hereunder written and that the Promoters have further brought to the notice and knowledge of the purchaser herein that the common facilities of the present housing scheme will be used, utilized, availed and shared by the intending purchasers of the buildings to be constructed on the properties described hereinabove as well as other amalgamated properties and the purchaser herein along with the other purchasers will not raise any objection, hindrance and/or obstruction for such use of the above facilities by the other intending purchasers and the - 32 - purchaser herein has granted his/her express and irrevocable consent for the same and agree and assure that such above covenant shall always remain binding upon him and also the Promoter has clearly brought to the knowledge of the purchaser that they intend to get the said sanctioned plans and specifications modified, revised, renewed and altered for consumption of remaining floor space index, transfer of development rights, staircase floor space index, permissible increases and incentives in floor space index to be used and utilized on the said property as may be granted and approved by the Municipal Authority from time to time and further the Promoters have given the clear inspection of such plans and specifications to the Purchasers herein as regards the existing sanctioned buildings, and the proposed annexed multi-storied buildings or otherwise touching the existing constructed buildings and also further expansion in buildings to be constructed on the said property as permitted by the Municipal Authority by way of further amalgamation, expansion thereto and the Purchaser has gone through the said plans as well as the proposed plans including provision of annexed buildings, touching the existing constructed buildings further expansions and do hereby admit, acknowledge and confirm the said fact of construction of additional buildings, annexed buildings, expansion of buildings on the said property by revision and modification in the plans and designs and have accordingly granted his / her express and irrevocable consent to the Promoters for the same and shall not raise any objection and/or hindrance for construction of such buildings by the promoter. The purchaser herein agree and assure to pay the corpus fund in advance as and when demanded by the Promoter irrespective of the completion of the above amenities and facilities and the scheme of construction and will not be withhold the same on any reason whatsoever. - 33 - (ii) the Promoters have also shown to the Purchaser the entire layout of the said property, the nature and extent of the land to be handed over to the concerned authorities on account of setback, reservations etc., as well as the potentiality of floor space index to be used on the remaining land and in such eventuality the transfer and conveyance of the land in favour of the cooperative housing society will not be equivalent to the floor space index used, utilized and consume in the buildings to be constructed/constructed thereon and the Purchaser is fully aware of the same and have accordingly granted his / her express and irrevocable consent for the same. It is further brought to the notice and knowledge of the Purchaser that at the time of execution of conveyance and further transfer proceedings, the area affected by roads and / or reservation will stand deducted as per the due process of law and the net land will be conveyed and handed over to the cooperative housing society on completion of the entire scheme of construction as per the sanctioned plans and permissions as well as further revisions, modifications and alterations therein from time to time and the Purchaser do hereby confirm the same and has granted his/her express and irrevocable consent for the same. (iii) that there will be changes, modifications, further expansions, amalgamation of the adjacent lands in the scheme of construction and its present and future course of the scheme of development on the said property and / or the adjacent property in the manner herein recited. (iv) that the Promoters in the said scheme of construction intends to provide infrastructural common amenities, facilities as the Promoters may deem fit and proper from time to time to the present housing scheme of construction and such facilities and amenities will be used, utilized, availed and shared by all the intending purchasers of the - 34 - buildings to be constructed on the properties described hereinabove as well as other amalgamated properties which may be purchased from time to time by the Promoters at their own discretion. and the Purchaser has clearly understood the same and in confirmation thereof has granted his / her clear, express, unequivocal and irrevocable consent for the same and shall not raise any objection, claim hindrance and obstruction to the rights, options and discretion as reserved by the Promoter herein 26. Upon completion of the entire scheme of construction and completion of the said building in the said property and exploiting the full available construction potential of the said property including any additional potential that may become available, the Promoter shall execute or cause to be executed in favour of each of the co-operative societies formed in respect of each building standing on the said property, a conveyance of the undivided share in the said property of the said co-operative society. 27. The Purchaser is aware that the Promoters will be consuming the full FSI potential in relation to the total area of the said entire property as permissible under the relevant D.C Regulations while constructing the said building on the basis of the approved single layout. It has also been brought to the notice of the Purchaser/s that the FSI consumed in the building has no relation with the area of the land on which the said building is constructed. It is abundantly made clear to the Purchaser/s and all the Purchasers that none of the buildings constructed shall be entitled to additional benefits of F.S.I in lieu of open spaces, internal road, garden and/or the land appurtenant to the said building as the FSI of the entire property has been/shall be utilized fully by the Promoters irrespective of the size or height or floor space consumed by the individual buildings. The conveyance shall be - 35 - executed only after the completion of the entire project/layout and exploitation of the full construction potential on the said property. 28. It is further agreed and understood between the parties that if there is any change, modification and / or revision in the reservation and / or acquisition area, then such benefits and incentives thereto will be for exclusive use and beneficial enjoyment of the Promoters herein and the Promoters herein is and shall be well and sufficiently entitled to derive the benefits thereof for his own and exclusive profit and the Purchaser herein has granted his/her express and irrevocable consent for the same and shall not raise any objection for the same. 29. It is clearly brought to the notice of the Purchaser and the Purchaser is made aware that Government may impose certain taxes and levies in future and therefore the Purchaser herein is entirely liable and responsible to bear and pay the such taxes and other levies as imposed by the government authorities as and when called upon by the Promoters and the Purchaser agree and assure to pay the same without any delay, and if any taxes are paid on behalf of purchasers, then the purchasers shall refund and reimburse the same to the Promoters on demand. 30. It is clearly agreed and understood between the parties that the Deed of Transfer, Assignment, Conveyance and / or assurances to be executed on completion of the entire scheme of construction shall be prepared by the Advocate/s of the Promoters and during the course of transfer of the land in favour of the Co-operative Housing Societies or Condominium of Apartment Owners, the area of land conveyed or to be conveyed and transferred may not be equivalent to the total Floor Space Index consumed and utilized for construction of the buildings in the said scheme of construction. 31. The Promoter have disclosed and clearly brought to the knowledge and notice of the Purchaser herein - 36 - (i) that the building plans approved by the Municipal Authority from time to time and the construction work of the said Building is in progress and necessary revised permission will be obtained for the same in due course. (ii) that the Promoter have intended to have additional FSI as may be permitted by the Municipal Authority on account of Transferable Development Rights, Staircase FSI, increases in FSI and/or FSI on account of amenities and shall have additional construction/extensions thereon and for the sake of brevity, good order and record the said buildings with further expansions and extensions are shown on the plan annexed hereto; (iii) that the Promoter intends to get the said plans and specification revised, renewed and altered by amalgamating certain adjacent and abutting properties thereto from time to time as the case may be and obtaining the revised building permission from the Municipal Authority by having maximum potentiality of floor space index from time to time; (iv) the Promoter have further intended to get the said plans and specification revised, renewed and altered for consumption of remaining floor space index, transfer of development rights, staircase FSI and all other permissible FSI to be used and utilized on the said property as may be granted by the Municipal Authority from time to time and further the Promoter have given the clear inspection of the plans and specifications to the Purchasers herein as regards the existing sanctioned buildings and the proposed construction on the said portion of land out of the entire property, the amalgamation of certain adjacent and abutting properties thereto from time to time and for the sake of good order and record the Promoter has clearly depicted the portions of land on the plan annexed hereto; - 37 - and that the Purchaser has clearly inspected and scrutinized above facts and contents as envisaged and provided herein above and upon being fully satisfied and understanding the same, the Purchaser has granted his/her/their express and irrevocable consent and confirmation thereto and hereby declare that the said above contents, stipulations and covenants shall always be binding upon him and he shall at all material times adhere to such covenants and that the Purchaser shall always extend his/her/their sincere cooperation to the Promoter in terms of the above express consent and confirmation from time to time and will not raise any objection, hindrance and/or obstruction thereto. 32. BINDING EFFECT Forwarding this Agreement to the Purchaser by the Promoter does not create a binding obligation on the part of the Promoter or the Purchaser until, firstly, the Purchaser 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 Purchaser and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Purchaser (s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Purchaser and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Purchaser for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Purchaser, application of the Purchaser shall be treated as cancelled and all sums deposited by the Purchaser in connection therewith including the booking amount shall be returned to the Purchaser without any interest or compensation whatsoever. 33. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect - 38 - 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 premises as the case may be. 34. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties herein. 35. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER / SUBSEQUENT PURCHASERS 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 Purchasers of the said premises, in case of a transfer, as the said obligations go along with the said premises for all intents and purposes. 36. 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. 37. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Purchaser has to make any payment, in common with other Purchaser(s) in - 39 - Project, the same shall be in proportion to the carpet area of the said premises to the total carpet area of all the said premises in the Project. 38. FURTHER ASSURANCES The Parties herein 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. 39. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Purchaser, in after the Agreement is duly executed by the Purchaser and the Promoter or simultaneously with the execution the said Agreement shall be registered at the appropriate office of the Sub-Registrar. 40. The Purchaser and/or Promoter 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 Promoter will attend such office and admit execution thereof. 41. That all notices to be served on the Purchaser and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified above. It shall be the duty of the Purchaser and the promoter to inform each other their address, email ID or any change in address or email - 40 - ID 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 Purchaser, as the case may be. 42. JOINT PURCHASERS That in case there are Joint Purchasers all communications shall be sent by the Promoter to the Purchaser 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 Purchasers. 43. Stamp Duty and Registration and statutory taxes and levies:- The charges towards stamp duty and Registration of this Agreement as well as statutory government, Semi-Government taxes and levies, service tax, goods and service tax, value added tax and all other direct and indirect taxes shall be borne by the Purchaser alone. 44. Dispute Resolution :- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Competent Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, there under. 45. 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. 46. This agreement shall always be subject to the provisions contained in Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, there under and any other provisions of Law Applicable thereto. FIRST SCHEDULE OF THE DEVELOPABLE LAND All that property and structure i.e. Stilt plus three floor building popularly known as PARIJAT CO-OPERATIVE HOUSING SOCIETY LIMITED, - 41 - constructed as per sanctioned plan by then Commencement certificate issued by Kalyan Municipal Council dated 04/04/1990 bearing outward no. KMP/NRV/BP/AMBER/84-3, on CTS No. 8869/8945, on Survey No. 74 Hissa No. 2 & 3, at Barkupada, Near Shiv Mandir Ambernath (E), admeasuring about 1287.79S Quare Meter, within Municipal Boundary of Ambernath Municipal Council, Registration Sub District Ulhasnagar-3. SECOND SCHEDULE ABOVE REFERRED TO Description of the nature, extent of common areas and facilities. ANNEXURE – A - Copy of Title Report ANNEXURE –B - Copy of Property Card or extract Village Forms VI or VII and XII ANNEXURE –C-1 Copies of plans & Layout as approved by concerned Local Authority ANNEXURE - C-2 Copies of the plans of the Layout as proposed by the Promoter 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 said premises agreed to be purchased by the Purchaser as approved by the concerned local authority ANNEXURE – E Specification and amenities for the Premises, ANNEXURE –F Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority. IN WITNESS WHEREOF the parties have set and subscribed their respective hands and seals to this writing on the day and the year first hereinabove mentioned. - 42 - SIGNED & DELIVERED by the within named Promoters M/s. Rohra Constructions through its partner __________________________________ ______________________ SIGNED & DELIVERED by the within named Purchaser/s ________________________________ (PAN ) ________________________________ (PAN ) ______________________________ (PAN ) WITNESS: 1 2. - 43 - RECEIPT Received a sum of Rs._________________ (Rupees _________________ ____________________________________________________________ only) from time to time prior to execution of this agreement in the following manner Amount Cheque Date Bank Branch No. from the purchaser herein as and by way of advance / part consideration. Rs. ____________ We say received M/s. Rohra Constructions through its partner __________________________________ The Promote