Without prejudice Draft of the Agreement AGREEMENT FOR SALE THIS AGREEMENT FOR SALE (“this Agreement”) is made at Kalyan this ________ day of _______, 2018 BETWEEN NEPTUNE DEVELOPERS LIMITED, a Company incorporated under the provisions of Companies Act, 1956 vide Certificate of Incorporation dated 12/11/2009 (CORPORATE IDENTITY NO. U70102MH2004PLC147510) (PAN NO. AACCN0234C) having its registered office at 4th floor, Neptune Magnet Mall, Near Managatram Petrol Pump, L.B.S. Road, Bhandup (west), Mumbai 400 078 hereinafter for the sake of brevity referred to as “THE PROMOTERS /BUILDERS” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors in title, administrators, executors and assigns) OF THE ONE PART; AND _________________________________________ of _________, Indian Inhabitant/s/ Non Resident Indian/s residing/having address at ________ _________________________________________ OR ______________ ___________ LIMITED, a Company incorporated and registered under the provisions of the Companies Act, 1956 and having its registered office at _________________________________________________ OR _____________________________, a partnership firm having their office at ____________________________ through their partner/s _________________________________ hereinafter referred to as “ ALLOTTEE / THE FLAT PURCHASER/S” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include in the case of individual/s his/her/their heirs, executors, administrators and permitted assigns, in the case of a company or a limited liability partnership, its successors and permitted assigns and in the case of a partnership, the partner or partners for the time being of the said firm, the survivor or survivors of them, the heirs, executors and administrators of the last surviving partner and their, his or her permitted assigns) of the Other Part. 1 Without prejudice Draft of the Agreement WHEREAS: A. The Promoter is the owner of and is seized and possessed of and otherwise well and sufficiently entitled to undertake the construction and development of all those pieces and parcels of land or ground admeasuring approximately 93,029 square meters as per the 7/12 Extract and 1,03,740 square meters as per title deeds, bearing Survey Nos. 1/3, 2/3 to 6, 3/1 to 3, 4/1 to 5, 6/2, 6/7 to 10, 6/12, 6/14, 5/1 and 2, 74/8 to 13, 74/15, 75, 76/3 to 5, 76/8 to 12, 76/14, 76/24, 76/26, 76/27 76/28Pt. lying, being and situate Mauje/Village: Ambivili, Taluka: Kalyan and District: Thane and more particularly described in the First Schedule hereunder written and delineated by red colour boundary line on the plan annexed and marked as Annexure “1” hereto, and hereinafter referred to as (“the Larger Land”). B. By and under registered Agreements and also other incidental and ancillary documents like power of attorneys, Declarations, Possession Receipts, the said farmers entrusted the development rights, titles and interest in respect of the said larger property in favour of the promoters/builders herein for consideration and on the terms and conditions more particularly mentioned therein. In the aforesaid Agreement and also in Power of Attorneys and other documents simultaneously executed by the respective farmers in favour of the Promoters/Builders have been given sole and exclusive rights to further assign, transfer and entrust the rights, titles and interests in respect of the Larger Land C. The Promoters are entitled to construct buildings on the Larger Land in accordance with the Recitals hereinabove. D. The Promoter is undertaking the development of the Larger Land in a phase-wise manner. E. The development of building No. _______ in Sector _____ is a phase of the Whole Project (as defined below) and proposed as a “real estate project” by the Promoter and has been registered as a ‘real estate project’ known as “NEPTUNE SWARAJYA” (“the Project”) with the Real Estate Regulatory Authority (“Authority”), under the provisions of Section 5 of the Real Estate (Regulation and Development) Act, 2016 (“RERA”) read with the provisions of the Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017 (“RERA Rules”). The Authority has duly issued the Certificate of Registration No. _________ dated 2 Without prejudice Draft of the Agreement __________ for the Project and a copy of the RERA Certificate is annexed and marked as Annexure “1” hereto. F. The Allottee has, prior to the date hereof, examined a copy of the RERA Certificate and has caused the RERA Certificate to be examined in detail by his/her/its Advocates and Planning and Architectural consultants. The Allottee has agreed and consented to the development of the Whole Project. The Allottee has also examined all documents and information uploaded by the Promoter on the website of the Authority as required by RERA and the RERA Rules and has understood the documents and information in all respects. G. The principal and material aspects of the development of the Project as sanctioned under the RERA Certificate, are briefly stated below- (i) Building No. _______ in Sector _____ (ii) Sanctioned number of floors ___ in the building no._____ (iii) The said building no. ___ shall comprise of units/premises consisting of apartments, flat/s, tenement/s, duplexes, row-house, penthouses, townhouse, hotels, offices, shops, cultural centre, independent bungalows; (iv) Total FSI of ______ has been sanctioned for consumption in the construction and development of the said Project. (v) The common areas, facilities, amenities in the said Project that may be usable by the Allottee and are listed in the Third Schedule (Amenities used only by the allottee) and Forth Schedule (Common area amenities are used by allottee alongwith co-Allottee) hereunder written (vi) The details of formation of the Society, and, conferment of title upon the Society with respect to the Real Estate Project, are more particularly specified in Clause 13 below. (vii) A copy of the Commencement issued by the Kalyan Dombivali Municipal Corporation (KDMC), is also included as part of the RERA Certificate at Annexure “2” hereto. H. The principal and material aspects of the development of the Larger Land (“Whole Project”) as disclosed by the Promoter are briefly stated below- 3 Without prejudice Draft of the Agreement (i) The area of the Larger Land to be developed in a phase-wise manner in which Sector-1 building no. A1 to A-18 and Sector-2 Building no. B-1 to B-19 total comes to 37 building is to be constructed as per layout sanction by the KDMC on dated 30/7/2016. (ii) As per Layout plan total constructed area has been sanction by KDMC is 99,193 Sq. Mtrs. on larger land, out of that Promoter has consumed the construed area (FSI) admeasuring __________ Sq. mtrs. on buildings no. _________ those buildings KDMC already issued the Occupation certificate. (iii) The Allottee has perused a copy of the Proposed layout Plan dated 30/7/2016 (“Proposed Layout”) and which is annexed to this Agreement as Annexure “3”, which specifies the location of the new/future/further buildings/towers/wings to be built on the Larger Land, together with a draft proforma specifying the proposed total FSI proposed to be utilized on the Larger Land admeasuring __________ Sq. mtrs. (“Proposed Potential”), and also, the tentative locations where common areas, facilities and amenities, reservations and other open and built-upon spaces are proposed to be situate. The copy of the Proposed Layout Plan is annexed hereto and marked as Annexure “[3]” hereto. (iv) The scheme and scale of development proposed to be carried out by the Promoter on the Larger Land in accordance with applicable law as amended from time to time; (v) The Promoter shall be entitled to put hoarding/boards of their Brand Name viz. “NEPTUNE SWARAJYA”, in a form of Neon Signs, MS Letters, Vinyl & Sun Boards on the Land and on the façade, terrace, compound wall or other part of the buildings/towers/wings as may be developed from time to time. The Promoter shall also be entitled to place, select, decide hoarding/board sites. (vi) The Promoter shall be entitled to confer title of particular tower/wing to such Other Societies, as mentioned at Clause 13 below. (vii) The details of formation of the Apex Body, and, conferment of title upon the Apex Body with respect to the Larger Land and all common areas, facilities and amenities, basements, podiums and other spaces and areas on the Larger Land. (viii) The statutory approvals mandatorily require the Promoter to hand over certain stipulated percentage of the Larger Land to the concerned authorities or develop the same as public amenity. The Promoter shall have determine and identify the portion and location of the Larger Land to be handed over for 4 Without prejudice Draft of the Agreement complying with the terms and conditions of statutory approvals. The portion of the Larger Land left over after handing over the stipulated percentage if any, to the KDMC or statutory authority and/or developing as a public amenity, only would be available either for transferring to the Apex Body. (ix) The nature of development of the said larger Land will be phase wise and would constitute a mixture of users as may be permissible under applicable law from time to time. (x) The Promoter would be entitled to aggregate any contiguous land parcel with the development of the Larger Land, as provided under the Proviso to Rule 4(4) of the RERA Rules. (xi) The Promoter is entitled to amend, modify and/or substitute the Proposed Future and Further Development of the Larger Land (defined below), in full or in part, as may be required by the applicable law from time to time. I. The Purchaser is/are desirous of purchasing a residential premises / flat / office / shop bearing No. ____ on the ____ floor, in the building no. __ in Sector _____ of the Real Estate Project (hereinafter referred to as the "said Premises/Flat/Apartment/Office/Shop”). (More particularly described in the SECOND SCHEDULE) J. The Promoter has entered into standard Agreement/s with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects. K. The Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Real Estate Project shall be under the professional supervision of the Architect and the structural Engineer (or any suitable replacements / substitutes thereof) till the completion of the Real Estate Project. L. The Promoter has the right to sell the Premises in the Real Estate Project to be constructed by the Promoter, and, to enter into this Agreement with the Allottee of the Premises to receive the sale consideration in respect thereof. M. The Flat Purchaser/s had demanded from the Promoter and the Promoter has given inspection to the Flat Purchaser/s of all the papers relating to the said Property including the no objection certificates, permissions, sanctions, certificates etc. and also 5 Without prejudice Draft of the Agreement all the other documents as are specified under the provisions of RERA and the Rules made thereunder. N. The authenticated copy of the plan of the Premises, is annexed and marked as Annexure “[4]” hereto. O. Copy of the Title Certificate of the Advocate and Solicitor Messrs. Abhyankar and Company, Advocates and Solicitors certifying the right/entitlement of the Promoter is annexed hereto and marked as Annexure “[5]” hereto (“the said Title Certificate”). P. While sanctioning the plans, approvals and permissions as referred hereinabove, the competent authorities have laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the Real Estate Project and upon due observance and performance of which only, the Occupation Certificate and Building Completion Certificate in respect of the Real Estate Project shall be granted by the competent authority. Q. Further, (i) the requisite approvals and sanctions, for the development of the Real Estate Project from the competent authorities are obtained / being obtained, and (ii) approvals and sanctions from other relevant statutory authorities hereto are applied for and/or in process of being obtained and/or obtained by the Promoter. R. The Promoter has accordingly commenced construction of the Real Estate Project in accordance with the sanctioned plans, proposed plans and approvals and permissions, as referred hereinabove. S. The carpet area of the said Premises as defined under the provisions of RERA, is in square meters. T. 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. U. The Promoter has agreed to sell to the Allottee and the Allottee has agreed to purchase and acquire from the Promoter, the said Premises, at or for the price of Rs. ____________/- (Rs. _________________ Only) and upon the terms and conditions mentioned in this Agreement (“Sale Consideration”). Prior to the execution of these 6 Without prejudice Draft of the Agreement presents, the Allottee has paid to the Promoter a sum of Rs. ____________/- (Rs. _________________ Only), being part payment of the Sale Consideration of the Premises agreed to be sold by the Promoter to the Allottee as advance payment (the payment and receipt whereof the Promoter both hereby admit and acknowledge). V. Under Section 13 of the RERA, the Promoter is required to execute a written agreement for sale of the said Premises with the Allottee i.e. this Agreement, and is also required to register under the provisions of the Registration Act, 1908. W. In accordance with and subject to the terms and conditions set out in this Agreement, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase and acquire, the Premises and the garage / covered parking. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BEIWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The above Recitals shall form an integral part of the operative portion of this Agreement, as if the same are set out herein verbatim. The headings given in the operative section of this Agreement are only for convenience, and are not intended in derogation of RERA. 2. The Promoter shall construct the Real Estate Project being the said building no.____ in Sector____ consisting of ____ floors in accordance with the plans, designs and specifications as referred hereinabove, and as approved by the KDMC from time to time. The Real Estate Project shall have the common areas, facilities and amenities that may be usable by the allottee and are listed in the Third (Amenities used only by the allottee) and Forth Schedule (Common area amenities are used by allottee alongwith co-Allottee also) hereunder written. PROVIDED THAT the Promoter shall have to obtain prior consent in writing of the Allottee in respect of any variations or modifications which may adversely affect the Premises of the Allottee, except, any alteration or addition required by any Government authorities, or, due to change in law, or, any change as contemplated by any of the disclosures already made to the Allottee. 3. Purchase of the Premises and Sale Consideration: (i) The Allottee hereby agrees to purchase and acquire from the Promoter, and the Promoter hereby agrees to sell to the Allottee, the Premises No. ________ 7 Without prejudice Draft of the Agreement admeasuring _____ square metres carpet area as per RERA on the ____ floor in the said Building no.___ in Sector_____i.e. the Premises, as more particularly described in the Second Schedule and as shown in the floor plan annexed and marked Annexure “[4]” hereto, at and for the consideration of Rs. __________/- (Rupees __________only). (ii) As an amenity provided alongwith the said Premises, the Promoter has earmarked for the exclusive use of the Allottee _______ car parking space in any arrangement in the said Building (hereinafter referred to as “said Car Parking/s”). The said Car Parking/s is/are provided as an irrevocable amenity without consideration however the Allottee will be bound to abide with the rules and regulations as may be framed in regard to the said Car Parking/s by the Promoter and/or the said Organisation (as defined hereinafter) and shall pay such outgoings in respect of the said Car Parking/s as may be levied by the said Organisation. Further, the Allottee shall not in the future raise any dispute about the suitability of the said Parking Space as constructed by the Promoter. (iii) The total aggregate consideration amount for the said Premises including covered parking spaces is thus Rs. ________/- (Rupees ________only) (“the Sale Consideration”). (iv) The Flat Purchaser/s hereby agree/s to pay to the Promoters the said amount of purchase price or consideration of Rs._________________/- (Rupees____________________________ ) in the following manner :- Amount Percentage Description Paid on or before the execution of these presents Agreement as Rs. ______________/- 10% earnest; At the time of execution and Rs. ______________/- 20% registration of Present Agreement against completion Plinth Rs. ______________/- 15% against proportionately payable on Rs. ______________/- 25% completion of per slabs; against walls, internal plaster, Rs. ______________/- 5% floorings, doors and windows of the said Flat 8 Without prejudice Draft of the Agreement against Sanitary fittings, staircases, lift, walls, lobbies upto the floor level Rs. ______________/- 5% of the said Flat. against external plumbing and external, plaster, elevation, terraces with waterproofing, of the building Rs. ______________/- 5% or wing in which the said Flat is located against lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of Rs. ______________/- 10% areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Flat is located. against possession of the said Flat Rs. ______________/- 5% being handed over Rs.______________/- 100% (v) The Sale Consideration excludes taxes (consisting of tax paid or payable by way of Value Added Tax, Service Tax, GST and all levies, duties and cesses or any other indirect taxes which may be levied, in connection with the construction of and carrying out the Project and/or with respect to the Premises and/or this Agreement). It is clarified that all such taxes, levies, duties, cesses (whether applicable/payable now or which may become applicable/payable in future) including service tax, VAT, GST and all other indirect and direct taxes, duties and impositions applicable levied by the Central Government and/or the State Government and/or any local, public or statutory authorities/bodies on any amount payable under this Agreement and/or on the transaction contemplated herein and/or in relation to the said Premises, shall be borne and paid by the Allottee alone and the Promoter shall not be liable to bear or pay the same or any part thereof. 9 Without prejudice Draft of the Agreement (vi) The Sale Consideration 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 Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification / order / rule / regulation / demand, published/issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. (vii) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the said Tower/Wing is complete and the Occupation Certificate is granted by the KDMC, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of 3% (three per cent). The total Sale Consideration payable on the basis of the carpet area of the Premises, shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit of 3%, then, the Promoter shall refund the excess money paid by Allottee within 45 (forty-five) days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee towards Sale Consideration, which shall be payable by the Allottee prior to taking possession of the Premises. It is clarified that the payments to be made by the Promoter/Allottee, as the case may be, under this Clause 3(viii), shall be made at the same rate per square meter as agreed in clause 3(Vii) above. (viii) The Promoter shall maintain a separate account in respect of sums received by the Promoter from the allottee’s as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or towards the outgoings, and legal charges and shall utilise the amounts only for the purposes for which they have been received. (ix) The Allottee 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 Allottee undertakes not to object/demand/direct the Promoter to adjust his 10 Without prejudice Draft of the Agreement payments in any manner. 4. 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 KDMC at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Premises to the Allottee, obtain from the KDMC, the Occupation Certificate or Completion Certificate in respect of the said Premises. 5. Time is of the essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the Premises and handing over the Premises to the Allottee after receiving the Occupation Certificate in respect thereof and the common areas, facilities and amenities in the Real Estate Project that may be usable by the Allottee and are listed in the Third and forth Schedule hereunder written. Similarly, the Allottee shall make timely payments of all instalments of the Sale Consideration and other dues payable by him/her/it and meeting, complying with and fulfilling all its other obligations under this Agreement. 6. FSI, TDR and development potentiality with respect to the said Tower/Wing on the Land: The Allottee hereby agrees, accepts and confirms that the Promoter proposes to develop the Real Estate Project (including by utilization of the full development potential) in the manner more particularly detailed at Recital above and as depicted in the layout plans, proformas and specifications at Annexures “[3]” hereto and Allottee has agreed to purchase the said Premises based on the unfettered and vested rights of the Promoter in this regard. 7. FSI, TDR and development potentiality with respect to the Proposed Future and Further Development of the Larger Land/ Whole Project: The Allottee hereby agrees, accepts and confirms that the Promoter proposes to develop the Whole Project of the Larger Land (by utilization of the full development potential) and develop the same in phase-wise matter and undertake multiple real estate projects therein in the manner more particularly detailed at Recital above and as depicted in the layout plans, proformas and specifications at Annexes “[3]” hereto constituting the Proposed Layout Plan and the Proposed Potential and Allottee has agreed to purchase the said Premises based on the unfettered and vested rights of the Promoter in this regard. 11 Without prejudice Draft of the Agreement 8. Possession Date, Delays and Termination: (i) The Promoter shall give possession of the Premises to the Allottee on or before December,2018 (“Possession Date”). Provided however, that the Promoter shall be entitled to extension of time for giving delivery of the Premises on the Possession Date, if the completion of the Real Estate Project is delayed on account of any or all of the following factors:- (a) Any force majeure events; (b) Any notice, order, rule, notification of the Government and/or other public or competent authority/court; (c) Any stay order / injunction order issued by any Court of Law, competent authority, KDMC, statutory authority; (d) Any other circumstances that may be deemed reasonable by the Authority. (ii) If the Promoter fails to abide by the time schedule for completing the said Real Estate Project and for handing over the said Premises to the Allottee on the Possession Date (save and except for the reasons as stated in Clause 8(i), then the Allottee shall be entitled to either of the following:- (a) call upon the Promoter by giving a written notice by Courier / E-mail / Registered Post A.D. at the address provided by the Promoter (“Interest Notice”), to pay interest at the prevailing rate of State Bank of India Highest Marginal Cost of Lending Rate plus 2% thereon for every month of delay from the Possession Date (“the Interest Rate”), on the Sale Consideration paid by the Allottee. The interest shall be paid by the Promoter to the Allottee till the date of offering to hand over of the possession of the said Premises by the Promoter to the Allottee; OR (b) the Allottee shall be entitled to terminate this Agreement by giving written notice to the Promoter by Courier / E-mail / Registered Post A.D. at the address provided by the Promoter (“Allottee Termination Notice”). On the receipt of the Allottee Termination Notice by the Promoter, this Agreement shall stand terminated and cancelled. Within a period of 30 days from the date of receipt of the Termination Notice by the Promoter, the Promoter shall refund to the Allottee the 12 Without prejudice Draft of the Agreement amounts already received by the Promoter under this Agreement with interest thereon at the prevailing rate of State Bank of India Highest Marginal Cost of Lending Rate plus 2% thereon (“Interest Rate”) to be computed from the date the Promoter received such amount/part thereof till the date such amounts with interest at the Interest Rate thereon are duly repaid. On such repayment of the amounts by the Promoter (as stated in this clause), the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the said Premises and/or car park and the Promoter shall be entitled to deal with and/or dispose off the said Premises and/or the car park in the manner it deems fit and proper. (iii) In case if the Allottee elects his remedy under sub-clause (ii) (a) above then in such a case the Allottee shall not subsequently be entitled to the remedy under sub-clause (ii) (b) above. (iv) If the Allottee fails to make any payments on the stipulated date/s and time/s as required under this Agreement, then, the Allottee shall pay to the Promoter interest at the Interest Rate, on all and any such delayed payments computed from the date such amounts are due and payable till the date such amounts are fully and finally paid together with the interest thereon at the Interest Rate. (v) Without prejudice to the right of the Promoter to charge interest at the Interest Rate mentioned at Clause 8(ii) above, and any other rights and remedies available to the Promoter, either (a) on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her/its proportionate share of taxes levied by concerned local authority and other outgoings) and/or (b) the Allottee committing three defaults of payment of installments of the Sale Consideration, the Promoter shall be entitled to at his own option and discretion, terminate this Agreement, without any reference or recourse to the Allottee. Provided that, the Promoter shall give notice of 15 (fifteen) days in writing to the Allottee (“Default Notice”), by Courier / E-mail / Registered Post A.D. at the address provided by the Allottee, of its intention to terminate this Agreement with detail/s of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of the Default Notice, including making full 13 Without prejudice Draft of the Agreement and final payment of any outstanding dues together with the Interest Rate thereon, then at the end of the Default Notice, the Promoter shall be entitled to terminate this Agreement by issuance of a written notice to the Allottee (“Promoter Termination Notice”), by Courier / E-mail / Registered Post A.D. at the address provided by the Allottee. On the receipt of the Promoter Termination Notice by the Allottee, this Agreement shall stand terminated and cancelled. On the termination and cancellation of this Agreement in the manner as stated in this sub-clause, the Promoter shall be entitled to forfeit 10 % percentage of the Sale Consideration (“Forfeiture Amount”) as and by way of agreed genuine pre-estimate of liquidated damages. Within a period of 30 (thirty) days of the Promoter Termination Notice, the Promoter shall after deduction of the Forfeiture Amount refund the balance amount of the Sale Consideration to the Allottee. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the said Premises and/or car park and the Promoter shall be entitled to deal with and/or dispose off the said Premises and/or car parks in the manner it deems fit and proper. 9. The common areas, facilities and amenities in the said Project that may be usable by the Allottee and are listed in the Third Schedule hereunder written. The common areas, facilities and amenities in the Whole Project that may be usable by the Allottee and are listed in the Fourth Schedule hereunder written. The internal fitting and fixtures in the said Premises that shall be provided by the Promoter are listed in the Fifth Schedule hereunder written. 10. Procedure for taking possession: (i) Upon obtainment of the Occupancy Certificate from the KDMC and upon payment by the Allottee of the requisite instalments of the Sale Consideration and all other amounts due and payable in terms of this Agreement, the Promoter shall offer possession of the said Premises to the Allottee in writing (“Possession Notice”). The Allottee agrees to pay the maintenance charges as determined by the Promoter or the Society, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the Occupancy Certificate of the Real Estate Project. (ii) The Allottee shall take possession of the said Premises within 15 days of the Possession Notice. 14 Without prejudice Draft of the Agreement (iii) Upon receiving the Possession Notice from the Promoter as per Clause 10(i) above, the Allottee shall take possession of the said Premises from the Promoter by executing necessary indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and the Promoter shall give possession of the said Premises to the Allottee. Irrespective of whether the Allottee takes or fails to take possession of the Premises within the time provided in Clause 10(i) above, such Allottee shall continue to be liable to pay maintenance charges and all other charges with respect to the Premises, as applicable and as shall be decided by the Promoter. (iv) Within 15 (fifteen) days of receipt of the Possession Notice, the Allottee shall be liable to bear and pay his/her/its proportionate share i.e. in proportion to the carpet area of the said Premises, of outgoings in respect of the Real Estate Project and Larger Land including inter-alia, local taxes, betterment charges, other indirect taxes of every nature, or such other levies by the KDMC or other 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 Real Estate Project and/or the Larger Land. Until the Society is formed and the Society Conveyance is duly executed and registered, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined by the Promoter at its sole discretion. The Allottee further agrees that till the Allottee's share is so determined by the Promoter at its sole discretion, the Allottee shall pay to the Promoter provisional monthly contribution of Rs. ____________/- (Rupees __________ only) per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and shall remain with the Promoter until the Society Conveyance is duly executed and registered. On execution of the Society Conveyance, the aforesaid deposits less any deductions as provided for in this Agreement, shall be paid over by the Promoter to the Society. 11. If within a period of 5 (five) years from the date of handing over the said Premises to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the said Premises or the said Tower/Wing or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at its own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the RERA. It is clarified that the Promoter shall not be liable for any such defects if the same have been caused by reason of the 15 Without prejudice Draft of the Agreement willful default and/or negligence of the Allottee and/or any other allottees in the Real Estate Project. 12. The Allottee shall use the said Premises or any part thereof or permit the same to be used only for purpose of residence/commercial. The Allottee shall use the car parking space only for purpose of parking vehicle. 13. Formation of the Society and Other Societies: (i) Upon 51% of the total number of units/premises in the Real Estate Project being booked by allottees, the Promoter shall submit an application to the competent authorities to form a co-operative housing society to comprise solely of the Allottee and other allottees of units/premises in the said Tower/Wing, under the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Rules made thereunder, read with RERA and the RERA Rules. (ii) The Allottee shall, along with other allottees of premises/units in the Real Estate Project, join in forming and registering a co-operative housing society under the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Rules thereunder and in accordance with the provisions of the RERA and RERA Rules, in respect of the Real Estate Project in which the allottees of the premises in the Real Estate Project alone shall be joined as members (“the Society”). (iii) For this purpose, the Allottee shall from time to time sign and execute the application for registration and/or membership and all other papers, forms, writings and documents necessary for the formation and registration of the Society and for becoming a member thereof, including the bye-laws of the Society and shall duly fill in, sign and return to the Promoter within 7 (seven) days of the same being made available to the Allottee, so as to enable the Promoter to register the Society. No objection shall be taken by the Allottee if any changes or modifications are made in the draft/final bye-laws of the Society, as may be required by the Registrar of Co-operative Societies or any other Competent Authority. (iv) The name of the Society shall be solely decided by the Promoter. (v) The Society shall admit all purchasers of flats and premises in the said Tower/Wing as members, in accordance with its bye-laws. 16 Without prejudice Draft of the Agreement (vi) The Promoter shall be entitled, but not obliged to, join as a member of the Society in respect of unsold premises in the Real Estate Project, if any. (vii) Post execution of the Society Conveyance, the Society shall be responsible for the operation and management and/or supervision of the Real Estate Project, and the Allottee shall extend necessary co-operation and shall do the necessary acts, deeds, matters and things as may be required in this regard. (viii) Upon 51% of allottees of premises/units in the other real estate projects to be developed on the Larger Land having booked their respective premises/units, the Promoter shall submit application/s to the competent authorities to form a co-operative housing society to comprise solely of the allottees of units/premises in those particular real estate project, under the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Rules made thereunder, read with RERA and the RERA Rules (“Other Societies”). The Promoter shall similarly undertake the necessary steps for formation of the Other Societies in which the allottees of the premises/units comprised in the other real estate projects comprised in the Larger Land shall become members, in accordance with the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Rules made thereunder and the RERA and RERA Rules. (ix) The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty and registration charges, with respect to the formation of the Society and/or Other Societies, including in respect of (a) any documents, instruments, papers and writings, (b) professional fees charged by the Advocates & Solicitors engaged by the Promoter for preparing, drafting and approving all such documents, shall be borne and paid by the respective Society/Other Societies and their respective members/intended members including the Allottee, as the case may be, and the Promoter shall not be liable toward the same. 14. Conveyance to the Society and Other Societies: (i) On or before _______ or within 12 months from the date of issuance of the Full Occupation Certificate with respect to the Real Estate Project, whichever is later, the Real Estate Project with the common areas, facilities and amenities described in the Third Schedule hereunder written shall be conveyed to the Society vide a registered indenture of conveyance, provided 17 Without prejudice Draft of the Agreement however that the basements, podium and stilts shall be retained by the Promoter and shall not be conveyed to the Society (“Society Conveyance”). The Society shall be required to join in execution and registration of the Society Conveyance. The costs, expenses, charges, levies and taxes on the Society Conveyance and the transaction contemplated thereby including stamp duty and registration charges shall be borne and paid by the Society alone. Post the Society Conveyance, the Society shall be responsible for the operation and management and/or supervision of the Real Estate Project including any common areas facilities and amenities and the Developer shall not be responsible for the same. (ii) The Promoter shall execute and register similar conveyances to the Other Societies with respect to their respective real estate project. 15. Formation of the Apex Body: (i) Within a period of 12 months of obtainment of the Occupation Certificate of the last real estate project in the layout of the Larger Land and the Whole Project, the Promoter shall submit application/s to the competent authorities to form a federation of societies comprising the Society and Other Societies, under the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Rules made thereunder, read with RERA and the RERA Rules (“Apex Body”). (ii) The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty and registration charges, with respect to the formation of the Apex Body, including in respect of (a) any documents, instruments, papers and writings, (b) professional fees charged by the Advocates & Solicitors engaged by the Promoter for preparing, drafting and approving all such documents, shall be borne and paid by the Apex Body and its members/intended members, and the Promoter shall not be liable toward the same. 16. Conveyance of the Larger Land to the Apex Body: (i) Within a period of 12 ) months of registration of the Apex Body, the Promoter and Apex Body shall execute and register an Indenture of Conveyance whereby the Promoter shall convey all its right, title and interest in the land comprised in the Larger Land and in all areas, spaces, common areas, facilities and amenities in the Larger Land that are not already conveyed to the 18 Without prejudice Draft of the Agreement Society/Other Societies, in favour of the Apex Body (“Apex Body Conveyance”). (ii) The Apex Body shall be required to join in execution and registration of the Apex Body Conveyance. The costs, expenses, charges, levies and taxes on the Apex Body Conveyance and the transaction contemplated thereby including stamp duty and registration charges shall be borne and paid by the Apex Body alone. Post the Apex Body Conveyance, the Apex Body shall be responsible for the operation and management and/or supervision of the Larger Land including any common areas facilities and amenities and the Promoter shall not be responsible for the same. 17. The Allottee shall, before delivery of possession of the said Premises in accordance with Clause 15 above, deposit the following amounts with the Promoter,- (i) Rs. 600/- for share money, application entrance fee of the Society and Apex Body; (ii) Rs. 750/- for formation and registration of the Society and Apex Body; (iii) Rs._________/- for proportionate share of taxes and other charges/levies in respect of the Society and Apex Body; (iv) Rs.___________/- for deposit towards provisional monthly contribution towards outgoings of Society and Apex Body; (v) Rs.__________/- for deposit towards water, electricity, and other utility and services connection charges; and (vi) Rs.________/- for deposits of electrical receiving and sub-station provided/to be provided in layout of the Larger Land. The above amounts are not refundable and no accounts or statement will be required to be given by the Promoter to the Allottee in respect of the above amounts deposited by the Allottee with the Promoter. 18. The Allottee shall pay to the Promoter a sum of Rs._____________/- for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law / Advocates of the Promoter in connection with this Agreement, the transaction 19 Without prejudice Draft of the Agreement contemplated hereby, the formation of the Society/Apex Body, for preparing the rules, regulations and bye-laws of the Society/Apex Body, and, the cost of preparing and engrossing the Society Conveyance, Apex Body Conveyance and other deeds, documents and writings. 19. The Promoter has informed the Allottee that there may be common access road, street lights, common recreation space, passages, electricity and telephone cables, water lines, gas pipelines, drainage lines, sewerage lines, sewerage treatment plant and other common amenities and conveniences in the layout of the Larger Land. The Promoter has further informed the Allottee that all the expenses and charges of the aforesaid amenities and conveniences may be common and the Allottee alongwith other purchasers of flats/units/premises in the Real Estate Project and/or on the Larger Land, and the Allottee shall share such expenses and charges in respect thereof as also maintenance charges proportionately. Such proportionate amounts shall be payable by each of the purchasers of flats/units/premises on the Real Estate Project including the Allottee herein and the proportion to be paid by the Allottee shall be determined by the Promoter and the Allottee agrees to pay the same regularly without raising any dispute or objection with regard thereto. Neither the Allottee nor any of the purchasers of flats/units/premises in the Real Estate Project shall object to the Promoter laying through or under or over the Land or any part thereof pipelines, underground electric and telephone cables, water lines, gas pipe lines, drainage lines, sewerage lines, etc., belonging to or meant for any of the other buildings/towers which are to be developed and constructed on any portion of the Larger Land. 20. Representations and Warranties of the Promoter: The Promoter hereby represents and warrants to the Allottee as follows, subject to what is stated in this Agreement and all its Schedules and Annexes, subject to what is stated in the Title Certificate, and subject to the RERA Certificate,- (i) The Promoter has clear and marketable title and has the requisite rights to carry out development upon the Larger Land and also has actual, physical and legal possession of the Land for the implementation of the Whole Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Real Estate Project and shall obtain requisite approvals from time to time to complete the development of the Real Estate Project; 20 Without prejudice Draft of the Agreement (iii) There are no encumbrances upon the Real Estate Project except those disclosed to the Allottee; (iv) There are no litigations pending before any Court of law with respect to the Real Estate Project except those disclosed to the Allottee and those which are filed by farmers/holders as well as consumers of the promoter has filed various court matters at various courts viz. Kalyan court, Thane consumer court, City Civil Court, Mumbai which are still pending before respective court, promoter hereto annexed and marked as an Annexure “[6]” (v) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, 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 Real Estate Project, 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 Real Estate Project 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 Allottee 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 Land and the said Premises, which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Premises to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the Society Conveyance, the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Real Estate Project to the respective Society and or apex body; (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 Real Estate Project to the competent 21 Without prejudice Draft of the Agreement Authorities till the Society Conveyance and thereupon shall be proportionately borne by the Society; (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 Land) has been received or served upon the Promoter in respect of the Land and/or the Project except those disclosed to the Allottee. 21. The Allottee, with intention to bring all persons into whosoever hands the Premises and/or its rights, entitlements and obligations under this Agreement, may come, hereby covenants with the Promoter as follows:- (i) To maintain the said Premises at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the said Premises is taken and shall not do or suffer to be done anything in or to the Real Estate Project which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the said Tower/Wing in which the said Premises is situated and the said Premises itself or any part thereof without the consent of the local authorities and Promoter. (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 Real Estate Project in which the said 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 structure of the building in which the said Premises is situated, including entrances of the Real Estate Project in which the said Premises is situated and in case any damage is caused to the Real Estate Project in which the said Premises is situated or the said Premises on account of negligence or default of the Allottee in this behalf, the Allottee 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 said Premises in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the Real Estate Project in which the said Premises is situated or the said Premises which may be contrary to the rules and 22 Without prejudice Draft of the Agreement regulations and bye-laws of the concerned local authority or other public authority. In the event of the said Premises committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. (iv) Not to demolish or cause to be demolished the said 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 said Premises or any part thereof, nor any alteration in the elevation and outside colour scheme of the Real Estate Project in which the said Premises is situated and shall keep the portion, sewers, drains and pipes in the said 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 the Real Estate Project in which the said 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 said Premises without the prior written permission of the Promoter and/or the Society; (v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Larger Land and/or the Real Estate Project in which the said 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 Larger Land and/or the Real Estate Project in which the said Premises is situated. (vii) Pay to the Promoter within 15 (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 Real Estate Project in which the said Premises is situated. (viii) Bear and pay in a timely manner and forthwith, all amounts, dues, taxes, instalments of Sale Consideration, as required to be paid under this Agreement. (ix) Not to change the user of the said Premises without the prior written 23 Without prejudice Draft of the Agreement permission of the Promoter and Society; (x) The Allottee shall not let, sub-let, transfer, assign, sell, lease, give on leave and license, or part with interest or benefit factor of this Agreement or part with the possession of the said Premises or dispose of or alienate otherwise howsoever, the said Premises and/or its rights, entitlements and obligations under this Agreement, until all the dues, taxes, deposits, cesses, Sale Consideration and all other amounts payable by the Allottee to the Promoter under this Agreement, are fully and finally paid together with applicable interest thereon at the Interest Rate if any. In the event the Allottee is desirous of transferring the said Premises and/or its rights under this Agreement prior to making such full and final payment, then, the Allottee shall be entitled to effectuate such transfer only with the prior written permission of the Promoter. (xi) The Allottee shall observe and perform all the rules and regulations which the Society and Apex Body 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 Tower/Wing and the said 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 Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society /Apex Body regarding the occupancy and use of the said Premises in the Real Estate Project and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. (xii) The Allottee 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 Premises and the Real Estate Project or any part thereof to view and examine the state and condition thereof. (xiii) Till the Apex Body Conveyance is executed in favour of the Apex Body, the Allottee 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 Larger Land, the buildings/towers/wings/units thereon, or any part thereof, to view and examine the state and condition thereof. 24 Without prejudice Draft of the Agreement 22. The Promoter shall maintain a separate account in respect of sums received from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Society or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 23. 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 the Real Estate Project or the Larger Land and/or any buildings/towers/wings as may be constructed thereon, or any part thereof. The Allottee shall have no claim save and except in respect of the said Premises hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces, recreation spaces and all other areas and spaces and lands will remain the property of the Promoter as hereinbefore mentioned until the Society Conveyance and the Apex Body Conveyance, as the case may be. 24. Promoter shall not mortgage or create a charge: After the Promoter executes this Agreement it shall not mortgage or create a charge on the said premises and if any such mortgage or charge is made or created, then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the said premises Purchaser/s who has/have taken or agreed to take such premises. Subject to what is stated hereinabove, the Promoter shall be entitled to take any loan from any Bank, Financial Institution or lender on the security of any part or portion of the said larger land save and except the said premises by mortgaging or creating a charge on such part or portion of the said larger land excluding the said premises or in any other manner. 25. Binding Effect: Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the Schedules and Annexes along with the payments due as stipulated in the Payment Plan at Clause 3 above, within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Office of the Sub-Registrar of Assurances as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 25 Without prejudice Draft of the Agreement (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 26. Entire Agreement: This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, booking form, letter of acceptance, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said premises/project, as the case may be. 27. Right to Amend: This Agreement may only be amended through written consent of the Parties. 28. Provisions of this Agreement applicable to Allottee/subsequent allottees: It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent allottees of the said Premises, in case of a transfer, as the said obligations go along with the said Premises, for all intents and purposes. 29. Severability: If any provision of this Agreement shall be determined to be void or unenforceable under the RERA Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of this 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 the RERA 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. 30. Method of calculation of proportionate share: 26 Without prejudice Draft of the Agreement Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the said Premises to the total carpet area of all the other premises/units/areas/spaces in the Real Estate Project. 31. Further Assurances: Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 32. 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 Allottee, in Ambivali -Kalayn, after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar-Kalyan. Hence this Agreement shall be deemed to have been executed at Kalyan. 33. The Allottee and/or Promoter shall present this Agreement at the proper registration office of registration within the time limit prescribed by the Registration Act, 1908 and the Promoter will attend such office and admit execution thereof. 34. All notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Courier or Registered Post A.D or notified Email ID/Under Certificate of Posting at their respective addresses specified below: _____________ Name of the Allottee _____________ (Allottee’s Address) Notified Email ID: ________________ NEPTUNE DEVELOPERS LIMITED ………. Promoter having its registered office at 4th floor, 27 Without prejudice Draft of the Agreement Eastern Business District , Near Managatram Petrol Pump, L.B.S. Road, Bhandup (west), Mumbai 400 078 Notified Email ID: ________________ It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 35. Joint Allottees: That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 36. Stamp Duty and Registration Charges: The charges towards stamp duty fees and registration charges of this Agreement shall be borne by the Allottee alone. 37. Dispute Resolution: Any dispute or difference between the Parties in relation to this Agreement and/or the terms hereof shall be settled amicably. In case of failure to settle such dispute amicably, such dispute or difference shall be referred to the Authority as per the provisions of the RERA and the Rules and Regulations, thereunder. 38. Governing Law: This Agreement and the rights, entitlements and obligations of the Parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India as applicable in Mumbai City, and the Courts of Law in Mumbai will have exclusive jurisdiction with respect to all matters pertaining to this Agreement. THE FIRST SCHEDULE REFERRED TO HEREINABOVE 28 Without prejudice Draft of the Agreement All that piece and parcel of agricultural land bearing admeasuring in 93,029 square meters as per the 7/12 Extract and 1,03,740 square meters as per title deeds, bearing Survey Nos.1/3, 2/3 to 6, 3/1 to 3, 4/1 to 5, 6/2, 6/7 to 10, 6/12, 6/14, 5/1 and 2, 74/8 to 13, 74/15, 75, 76/3 to 5, 76/8 to 12, 76/14, 76/24, 76/26, 76/27 76/28)Pt.) lying being and situated at village Ambivali, Registration Sub- District and District of Kalyan, within the limits of the Kalyan Dombivali Municipal Corporation (KDMC) and bounded as follows :- On or towards the North: 1/ 3, 1/5, 2/1, 2/2, 74/7, 74/16, 76/2, 76/15, 76/17 On or towards the South: Central Railway On or towards the East: Village Boundary On or towards the West: 1/9, 5/3, Gaothan THE SECOND SCHEDULE REFERRED TO HEREINABOVE A Flat/Shop bearing No._________, admeasuring ___________ Sq.ft. carpet area (equivalent to _________ sq. meters) on the _________ Floor of the proposed building No. _______ in Sector _____ of “Neptune Swarajya” to be erected in or upon the said property described in the First Schedule referred to above lying, being and situated at village Ambivali, Taluka Kalyan and District Thane, Registration Sub-District & District of Kalyan and within the limits of Kalyan Dombivali Municipal Corporation. THE THIRD SCHEDULE REFERRED TO HEREINABOVE LIST OF AMENITIES 1. . 18”x18” designer (porcelain) tiles flooring 2. Oil –bound distemper paint 3. Powder – coated aluminum windows 4. Green marble platform with ss sink 5. Dado tiles in kitchen 6. Panel doors for main entrance 7. Designer toilets with ceramic tiles 8. Washbasin in bathroom 9. Finest quality CP fittings & sanitary ware with concealed plumbing 10. Concealed copper wiring with elegant modular switches THE FOURTH SCHEDULE REFERRED TO HEREINABOVE DESCRIPTION OF COMMON AREAS 1. Common passages and lobbies 2. Water tanks and pump rooms 3. Lifts 4. Staircases 29 Without prejudice Draft of the Agreement IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for Sale at Kalyan in the presence of attesting witness, signing as such on the day first above written. SIGNED, SEALED AND DELIVERED ] by the withinnamed PROMOTERS/BUILDERS ] NEPTUNE DEVELOPERS LIMITED ] through its Director ] SHRI _____________________________________ ] As per the Board Resolution passed in the ] meeting held on __________________ ] in presence of.. ] 1. _______________________________________ ] 2. _______________________________________ ] SIGNED, SEALED AND DELIVERED ] by the withinnamed FLAT/SHOP PURCHASER/S ] SHRI/SMT/ _____________________________ ] in the presence of.. ] 1. _______________________________________ ] 2. _______________________________________ ] RECEIPT RECEIVED WITH THANKS from the withinnamed Flat Purchaser/s Mr./Mrs. __________________________________________ the sum of Rs.__________________/- (Rupees ______________________ _________________________________) in the following manner being the within expressed amount of advance or deposit to be paid by the Flat Purchaser/s to us the Promoter at or before the execution of these presents:- Sr. No. Cheque No./ Demand Draft No./ Date Name of the Pay Order No. Bank 30 Without prejudice Draft of the Agreement WE SAY RECEIVED FOR NEPTUNE DEVELOPERS LIMITED Through it authorised Director Witness : 1. ______________ 2. ______________ 31