No. : _________ Village : Kharvai Flat area : _____ sq. metres (carpet) Mkt. Value : Rs.____________ Actual Value : Rs.____________ Stamp Duty : Rs.____________ AGREEMENT FOR SALE This Agreement made at Badlapur on this ___ day of __________ 20___ BETWEEN M/s. Usha Construction Co., a Partnership Firm duly registered under the Indian Partnership Act, 1932 under Registration No. BA-94181 through its Partner ___________________________________ having address at C-21, Mahavir Jyot Building, Vallabh Baug Lane, Ghatkopar (E), Mumbai-400 077, hereinafter referred to as “the Seller” (which expression shall unless it be repugnant to the context or meaning thereof been deemed to mean and include the partners or partners for the time being and from time to time of the said firm, the survivors or survivor and their heirs, executors and administrators of such last survivor) of the First Part. -2- AND ____________________________________________________________ ____________________________________________________________ aged about _____________years, occupation_________________ residing at _________________________________________________ ____________________________________________________________ hereinafter called and referred to as the Purchaser (which expression shall unless it be repugnant to the context or meaning thereof mean and include his/her/their heirs, executors, administrators and assigns ) being the Party of the Second Part. WHEREAS Shri Kantilal Chunilal Chauhan, shri Sampatraj Jasraj Jain carrying on business in partnership firm name and style as M/s. Arihant Constructions are the owners of all those pieces and parcels of land all those pieces and parcels of land lying, being and situate at village Kharwai, Taluka Ambernath, District Thane bearing Survey Hissa No. Area(sq.mts) No. 3 11 1600 3 10 3900 3 9 3000 3 8 4800 3 7A 1800 3 7B 3700 3 6 5200 3 4 5100 3 3 4400 Total  33500 within the limits of Kulgaon Badlapur Municipal Council hereinafter called and referred to as the "Entire property" AND WHEREAS by and under the Agreement for Sale dated 25.05.2009 registered at the office of Sub-Registrar of Assurances at Ulhasnagar - 2 under serial No. 2902/2009 on 25.05.2009 made and executed between Shri Kantilal Chunilal Chauhan, Shri Sampatraj Jasraj Jain carrying on business in the partnership firm name and style of M/s. Arihant Constructions, a partnership firm duly registered -3- under Indian Partnership Act 1932 thereinafter referred to as “the Owners/Vendors" and M/s. Usha Construction Company therein referred to as the Purchasers, the said Owners/Vendors therein agreed to sell to the said Usha Construction Company herein free from encumbrances and doubts the above said property at and for the price/consideration and on the terms and conditions therein contained. AND WHEREAS in pursuance thereof Shri Kantilal Chunilal Chauhan, Shri Sampatraj Jasraj Jain the partners of M/s. Arihant Constructions have also granted the Power of Attorney in favor of the Usha Construction Company herein and the same is registered at office of Sub-Registrar of Assurances at Ulhasnagar - 2 under serial No. 2903/2009 on 25.05.2009. AND WHEREAS further the said Usha Construction Company by and under an agreement dated _________ entered into Joint Venture for development of the said property with the Stalwart Impex Private Limited on the terms and conditions therein contained and in pursuance thereof granted the power of attorney in favour of Stalwart Impex Private Limited and in terms of the said joint venture agreement the Seller herein is well and sufficiently entitled to the consideration in kind being the flats as listed in annexure _____ annexed hereto and is well and sufficiently entitled to sell and dispose of the flats and units therein constructed to intending purchasers and appropriate the sale proceeds thereof. AND WHEREAS the building plans are sanctioned by the Kulgaon Badlapur Municipal Council under No. KBNP / BP/751-158 dated 11.09.2009 and KBNP/BP/428-56 dated 21.05.2011 and KBNP/BP/96-13 dated 17.04.2012 which at present consists of sanction of Ten buildings being building Nos. A, B, C, D1, D2, E1, E2, E3, F1 & F2 forming larger portion of the said entire property and further the plans are revised by the Kulgaon Badlapur Municipal Council under no. KBNP/NRV/BO/1837/2014-15 Dated 09.03.2015 which provide sanction for construction of Type E-1, Type E-2, Type E-3, Type-F1 and Type-F2 buildings. AND WHEREAS in pursuance to the sanctioned plans and permissions, the Stalwart Impex Private Limited being the Promoter is entitled to commence, carry out the construction work of the above referred amalgamated properties. -4- AND WHEREAS the Seller and Stalwart Impex Private Limited also further intends to get the said plans revised and to obtained the balance sanctions and approvals on the remaining portion of land by using, utilizing the maximum potentiality of Floor Space Index and permitted increases therein from time to time. AND WHEREAS further during the course of construction the Seller intends to acquire the adjacent land bearing Survey No. 3 Hissa No. 2 admeasuring 5900 sq. metres and other adjacent properties from time to time and to amalgamate the same with the entire property. AND WHEREAS the Seller and Stalwart Impex Private Limited s 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 Council from time to time and further the Seller have given the clear inspection of the plans and specifications to the Purchasers herein as regards the existing sanctioned buildings and the further proposed buildings to be constructed on the said property. AND WHEREAS the Seller declares that the above referred agreements permissions and sanctions are still, subsisting and completely in force; AND WHEREAS as per the above recited agreements and permissions, the Seller and Stalwart Impex Private Limited is entitled to develop the said property and carry out the construction of the proposed building at their own costs and expenses and to dispose of the residential flats / units constructed in the building on ownership basis and to enter into agreements with the purchaser and to receive the sale price in respect thereof and upon such disposal of the flats / shops / office / units to convey the said land together with the building constructed thereon in favour of the cooperative housing society of all those several persons acquiring the respective flats / shops / units. AND WHEREAS in terms of the Joint Venture for development entered into by the Sellers herein with Stalwart Impex Private Limited, the Sellers herein are well and sufficiently entitled to the consideration in kind in the form of flats and units as described in the list of allotment interest agreed and by and under the said allotment, the Seller herein is desirous of selling -5- and transferring the said consideration in kind to the intending purchasers and to appropriate the sale proceeds thereof. AND WHEREAS the Purchaser has agreed to pay the sale price / consideration in respect of the flat / shop / unit in accordance with the provisions of the Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963 and in accordance with the progress of the construction work of the said scheme. AND WHEREAS this agreement is made in accordance with the provisions of the Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963 and the rules framed thereunder including the model form of Agreement prescribed therein. AND WHEREAS by executing this agreement the Purchaser has accorded his / her consent as required under section 9 of the Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963 whereby the Sellers are entitled to sell, mortgage or create charge on any flats / shops / units etc., which is not hereby agreed to be sold. AND WHEREAS by executing this agreement the Purchaser has accorded his / her consent as required under section 7 of the Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963 whereby the and are entitled to make such modifications, alterations in the buildings and structures as well as the said flats/shops/tenements / galas and garages etc., agreed to be purchased by the Purchaser and/or such other revisions, alterations or additions in the structure of the building as may be necessary and expedient and accordingly the Purchaser herein has granted his express and irrevocable consent for the same. AND WHEREAS the Purchaser has accepted the title of the owner to the said property as shown in the records of right in respect thereof as well as the scheme of construction and the Seller has brought to the knowledge of the purchaser herein and the Purchaser is aware that the Seller and the said Stalwart Impex Private Limited during the course of completion of the entire scheme of construction the will -6- acquire additional FSI / TDR as per the rules and regulations of the Municipal Council and will further avail, use and consume additional floor space index thereby constructing additional floors, flats and units in the said scheme of construction and will get the plans, amended, revised, modified as Seller and the said Stalwart Impex Private Limited may deem fit and proper and further shall also acquire additional adjacent land and carry out the development on such amalgamated property as the Seller and the said Stalwart Impex Private Limited may deem fit and proper and the Purchaser has accorded his / her express and irrevocable consent for the same. AND WHEREAS the Seller has provided to the Purchaser the copy of orders, sanctioned plans, permissions, approvals, documents of title and have clearly brought to the knowledge of the Purchaser that during the course of construction the Seller will amalgamate the said entire property along with the land bearing Survey No. 3 Hissa No. 4 admeasuring 5100 sq.metres, Survey No. 3 Hissa No. 3 admeasuring 4100 sq. meters as well as Survey No. 3 Hissa No. 2 admeasuring 5900 sq. meters and other adjacent properties as may be acquired from time to time and further to carry out the development and scheme of construction of such property along with the entire property and accordingly all the common amenities and infrastructure of the said entire scheme of construction and layout will be shared by all the purchasers acquiring the flats / units in the said project “Usha Kiran Residency” and the Purchaser is fully aware of the covenants, common rights as appearing on the sanctioned plans and after being fully satisfied about the same has granted his / her express and irrevocable consent for the same. AND WHEREAS the Seller have appointed Architect registered with the council of architects as their Architect and the Seller have also appointed R.C.C. Consultant for the preparation of the structural designs and drawings of the building and the Seller and the said Stalwart Impex Private Limited accept the professional supervision of the Architects and the R.C.C. Engineer till the completion of the buildings. AND WHEREAS while granting the permission and sanctioned plans the Municipal / Planning Authorities have laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Sellers while developing the said property and upon due observance and performance of which only -7- completion and/or occupation certificate in respect of the new building shall be granted by the concerned local authority. AND WHEREAS the Seller expressed their intention to dispose off the flats/shops/tenements/galas and garages etc., in the proposed scheme of construction known as “Usha Kiran Residency”. AND WHEREAS the Seller has accepted the said offer made by the Purchaser. AND WHEREAS the Purchaser has examined and approved of the building and floor plans the nature and quality of construction fittings, fixtures, facilities and amenities provided / to be provided thereto as per the general specifications as well as the restricted and common facilities and amenities. AND WHEREAS the Purchaser has seen the site of the building and the work of construction of the said building being in progress and is satisfied with the quality of the work and has approved the same and is further aware that there are several buildings to be constructed on the said property and that the Seller and the said Stalwart Impex Private Limited will be carrying on the construction and completing the buildings in phase-wise manner and that as and when the buildings are completed, the entire flats there in are sold out, the cooperative housing societies of such buildings from time to time and accordingly the conveyances of the portions of land on which the buildings are constructed will be conveyed to such respective cooperative societies and it shall be at the sole discretion of the Seller and the said Stalwart Impex Private Limited to form such societies and to execute the conveyance/s thereof and such fact is being brought to the clear knowledge and notice of the Purchaser herein and the Purchaser has granted his/her express and irrevocable consent for the same and agree and assure to grant his/her sincere and utmost cooperation in formation such cooperative housing societies and its conveyances thereof and shall not raise objection, hindrances and claims of any nature whatsoever. AND WHEREAS relying upon the said aforesaid representations, the Sellers agreed to sell the Purchaser a Flat / Shop / Other Unit at the price and on the terms and conditions herein after appearing. -8- AND WHEREAS the list of amenities, copy 7/12, Certificate of Title issued by the Advocate, and the floor plan approved by the Municipal authority have been annexed hereto and marked as Annexures. AND WHEREAS upon completion of the proposed development of the said property as stated above the Seller has agreed to complete sell and cause to convey the said property so developed in favour of the cooperative society of all those several persons (including the purchaser herein) purchasing / acquiring the respective flats / shops / tenements / galas and garages etc., in the said new buildings as the nominees of the Sellers. NOW THIS AGREEMENT WITNESSETH THAT by the end of _____________ but subject to the availability of the controlled building materials, government and other restrictions and/or circumstances beyond the control of the Seller and the said Stalwart Impex Private Limited, the Seller agree to complete in all respect the construction of the proposed buildings known as "Usha Kiran Residency" on the said land particularly described in the Schedule hereunder written in accordance with the plans recited above and as per the general specifications hereto but subject to such additions, alterations, modifications if any that may be required by the government local planning authorities from time to time till the completion of the proposed development of the said property and the Seller agree to sell and cause to convey the said buildings when completed in all respect absolutely freehold and free from encumbrances in favour of the cooperative housing society to be formed of the several persons as provided and envisaged herein (including the Purchaser herein) acquiring the respective flats/shops/tenements/galas and garages etc., therein at and for an aggregate price/consideration to be contributed and paid by them according to their respective agreements (similar to these presents) with the Sellers. -9- AND WHEREAS the Sellers accordingly shall sell and the Purchaser shall purchase acquire the said flats/shops/tenements/ galas and garages etc., by becoming member/share holder/ constituent of the proposed cooperative society and the Purchaser shall pay to the Sellers Rs._____________________________________ (Rupees ____________________________________________________ ______________________________________________________ only) as the agreed price/consideration in respect of the said flat / shop / tenement/gala/garage etc. being No.______ on ________ floor in ____ wing, admeasuring ___________ sq.ft carpet (which is inclusive of the area of Balconies, cupboards, flower beds) along with open terrace of _____ sq.ft. in the building known as "Usha Kiran Residency" allotted to the Purchaser and shown and marked accordingly on the floor plan annexed hereto. AND WHEREAS the Sellers have clearly brought to the knowledge and notice of the Purchaser, that there is no exclusive allotment of stilt and / or parking spaces to the Purchaser herein that it shall be the sole and absolute discretion of the Sellers to deal with the allotment of the stilt and parking spaces as they may deem fit and proper and the Purchaser herein has granted his/her free, express and irrevocable consent and confirmation thereto and in confirmation thereof has agreed to acquire the said flat and will not raise any objection and/or obstruction to the allotment of stilt/ parking spaces made by the Sellers to any intending purchaser. Now this presents witnesseth and it is hereby agreed by and between the parties hereto as follows:- 1. THE recital contained above shall form an integral and operative part of this Agreement, as if the same were set out and incorporated in this Agreement and it is agreed that singular includes plural. 2. THE Seller shall construct and / or cause to construct the buildings on the said property in accordance with the plans, design specifications approved by the concerned local authority and which have been seen and approved by the Purchaser with only such variation and modification as the Seller and the said Stalwart Impex Private Limited may consider necessary or as may be required by the municipal authorities to be made in them - 10 - or any of them for which the Purchaser herein has granted his express and irrevocable consent for the same. 3. THE Purchaser hereby agrees to purchase from the Sellers and the Sellers hereby agrees to sell to the Purchaser/s the flat/shop No.______ on _______ floor in ______ wing, admeasuring _________ sq. ft carpet (which is inclusive of the area of Balconies, cupboards, flower beds) along with open terrace of _____ sq.ft. in the building known as "Usha Kiran Residency" as shown on the floor plan thereof hereto annexed and marked as Annexure "D" (hereinafter referred to as "the said premises") for the consideration of Rs. _________________ (Rupees _______________________________________________ Only). The Purchaser agrees to pay the above consideration to the Sellers in the following manner: (a) 15% at the time of execution of this agreement. (b) 10% to be paid on or before Plinth. (c) 07% to be paid on or before 1st Slab (d) 06% to be paid on or before 2nd Slab (e) 06% to be paid on or before 3rd Slab (f) 06% to be paid on or before 4th Slab (g) 06% to be paid on or before 5th Slab (h) 06% to be paid on or before 6th Slab (i) 06% to be paid on or before 7th Slab (j) 06% to be paid on or before 8th Slab (k) 04% to be paid on or before 9th Slab (l) 04% to be paid on or before 10th Slab (m) 03% to be paid on or before 11th Slab (n) 03% to be paid on or before 12th Slab (o) 03% to be paid on or before 13th Slab (p) 02% to be paid on or before Brick Work (q) 02% to be paid on or before Plaster (r) 02% to be paid on or before Flooring & Plumbing (s) 02% to be paid on or before Door,Window & Painting. (t) 01% to be paid on the Possession of the said premises being offered by the sellers to the purchaser. - 11 - The Purchaser agrees and assures to pay an amount of Rs.25,000/- to Stalwart Impex Private Limited on demand on account of or towards, legal charges, entrance fees and share capital, society formation charges, electric procurement, meter security deposit/electric cable charges, The Purchaser shall also be liable and responsible to pay to Stalwart Impex Private Limited the requisite charges towards transformer charges, lift generator and its accessories and water connection Deposit and charges, solar system and equipments thereto, maintenance charges and infrastructural charges, service tax, value added tax, provisional outgoings for municipal Taxes, water bill, common electric expenses and other maintenance (12 months contribution is to be Paid before possession, Development Charges, balcony enclosing Charges & other charges payable to Municipal Council. It is further agreed that the Purchaser shall pay an amount of Rs.10,000/- towards club house and swimming pool membership in the scheme of construction to Stalwart Impex Private Limited. THE Purchaser herein along with the other Purchasers will be liable and responsible to maintain the lift provided to the said building from the date of possession and any expenses, day to day maintenance and repairs etc., will be borne and paid by the Purchaser herein along with other Purchasers. It is hereby expressly agreed that the time for payment of each of the aforesaid installment of the consideration amount shall be the essence of this contract. All the above respective payments shall be made within 7 days of the Sellers sending notice to the Purchaser/s calling upon him/her to make payment of the same. Such notice is to be sent Under Certificate of Posting at the address of the Purchaser/s mentioned above and this posting will be sufficient discharge to the Sellers. 4. The Sellers hereby agree to observe perform and comply with all the terms, conditions, stipulations if any which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter. - 12 - 5. The Sellers hereby declare that they have utilised the floor space index as mentioned in the approved plan and the Sellers have brought to the notice of the Purchaser herein and the Purchaser herein is fully aware that the Sellers intends to acquire the transfer of development rights to be used, availed and consumed on the said property and thereby construct additional floors, flats, units and the Purchaser herein has granted his / her express and irrevocable consent for the same and the Purchaser herein along with the other purchasers in personal capacity or in the capacity as the member of the cooperative housing society or any corporate body as the case may be will not raise any objection / hindrance and will render sincere cooperation for the Sellers and the said Stalwart Impex Private Limited to consume and avail the Transfer of Development Rights and/or staircase Floor Space Index along with other increases and incentives in floor space and complete the additional construction as per the plans and permissions granted by the Municipal Council. 6. THE Sellers hereby agrees that they shall make out clear and marketable title before handing over the possession of the premises to the Purchaser and in any event before the execution of the Conveyance of the said property in favour of a Cooperative Society/Corporate Body to be formed by the purchasers of the Flats / Shops / Other Unit in the building to be constructed on the said property and ensure that the said property is free from all encumbrances and that the Sellers have absolute, clear and marketable title to the said property so as to enable him to convey to the said Society such absolute, clear and marketable title on the execution of a conveyance of the said property by the Seller and the said Stalwart Impex Private Limited in favour of the said Society. 7. THE Purchaser agrees to pay to the Sellers interest @ 28% per annum on all the amounts which becomes due and payable by the Purchaser to the Sellers under the terms and conditions of this agreement from the date the said amount is payable by the Purchaser to the Sellers. 8. On Committing default by the Purchaser in payment on due dates of any amount due and payable by the Purchasers to the Sellers under this agreement including his/her proportionate share of taxes levied by the local concerned Authority and other charges and expenses - 13 - outgoings claimed by the Sellers and on the Purchaser/s committing breach of any of the terms and conditions herein contained the Sellers shall be entitled to at their option to terminate this Agreement. PROVIDED always that the power of termination hereinbefore contained shall not be exercised by the Sellers unless and until the Sellers shall have given to the Purchaser/s 21 days prior notice in writing of the Sellers intention to terminate this agreement and of the specific breach or breaches of terms and conditions in respect of which they intend to terminate the agreement and default shall have been made by the Purchaser/s in remedying such breach or breaches within a reasonable time after giving of such notice (reasonable time is agreed by both the parties as 21 days from the day of notice). PROVIDED further that upon the termination of this Agreement as aforesaid, the Sellers shall refund to the Purchaser/s the earnest money and all other amounts which may till then have been paid by the Purchaser/s to the Sellers but the Sellers shall not be liable to pay to the Purchaser/s any interest on the amount so refunded and upon termination of this agreement and refund of aforesaid amount by the Sellers by Bank Draft/Pay-slip at the address given herein under postal certificate post or by Registered A.D. post or by courier service as the Sellers may deem fit. The Sellers shall be at liberty to dispose off and sell the flat/unit to such person and at such price as the Sellers may in their absolute discretion deem fit. An amount equal to 20% of the amount paid by the Purchaser or 10% of the total cost price of the flat/shop which ever is higher, will be deducted while making the payment as liquidated damages. 9. THE fixtures, fittings, and amenities to be provided by in the premises and the said building are those that are set out in the Annexure "A" annexed hereto. 10. It is agreed between the parties that upon the Purchaser making the full and final payment of consideration of the flat along with the amount, charges and deposits as recited herein the Sellers shall direct the said M/s. Stalwart Impex Private Limited to hand over the possession of the said premises to the Purchaser and at such flat and the building will be completed or his / her nominee or nominees on or before ___________ If the - 14 - Seller fails or neglect to give possession of the premises to the Purchaser or his / her nominee or nominees by the aforesaid date or dates prescribed in clause (B) of the section 8 of the said Act then the Sellers shall forthwith refund to the Purchaser the amount already received by him in respect of the premises with simple interest @ 9% p.a. from the date of Sellers received the sum till the date the entire amount and interest thereon is refunded by the Sellers to the Purchaser. They shall, subject to prior encumbrances, if any, be a charge of the said land as well as the construction or building in which the premises are situated or were to be situated. THE Sellers shall be entitled to reasonable extension of time for giving delivery of the said flat / shop / tenement / other unit on the aforesaid date, if the completion of building in which the said flat/shop/other unit is situated is delayed on account of :- i) non-availability of steel, cement other building materials, water or electric supply; ii) war, civil commotion or Act of God; iii) any notice order, rule, notification of the Government and / or other public or competent authorities. 11. THE Purchaser shall take possession of the said premises within 7 days of the Sellers giving written notice to the Purchaser intimating that the said premises are ready for use and occupation. 12. THE Purchaser shall use the said premises or any part thereof or permit the same to be used only for the purpose for which it allotted to the Purchaser by the Sellers only as per the prevailing rules, regulations, and bylaws of the concerned authorities. 13. THE Purchaser along with the other Purchasers of the Flats / Shops in the building shall join in forming and registering the cooperative society to be known by such name as the Sellers may decide and for this purpose he / she also from time to time sign and execute the necessary applications and/or other papers and documents necessary for the formation and registration of the co-operative society including the bye laws of the proposed society and duly fill in, sign and hand over to the Sellers. No objection shall be taken by the Purchaser if any changes or modification are made in the draft bye laws or the Memorandum and/or Article of Association, - 15 - as may be required by the Registrar of Co-operative Societies or any other competent authority. 14. ON the completion of all the buildings (with its all wings) and on receipt by the Seller and the said Stalwart Impex Private Limited of the full payment of all the amounts due and payable to him by all the purchasers of all the flats/ premises in the said building, the purchasers shall co-operate with the Sellers in forming and registering or incorporating a society a registered body, when the society is registered and all the amounts due and payable to the Sellers in respect of the flats and other units and other portions in the said building, garages and car parking spaces are paid in full as aforesaid, the Sellers shall cause to be transferred to the society all the rights title and interest of the Sellers in the aliquot part of the said property together with building by executing the necessary Conveyance of the said property and the said premises in favour of such society, such conveyance shall be in keeping with the terms and conditions and provisions of this agreement. It is clearly brought to the notice of the Purchasers that there are number of buildings in the said property undertaken by Seller and the said Stalwart Impex Private Limited, the execution of the conveyance may be delayed and the Purchasers shall not raise any objection till all the buildings in the said layout are constructed and the flats / units therein are sold out to the prospective buyers. 15. THE Sellers shall if necessary become a member of the society in respect of the Sellers’ rights and benefits conferred herewith or otherwise. If the Sellers transfer, assign and/or dispose off such rights and benefits at any time to anybody, such assignee, transferee and/or purchasers thereof shall become the members of the society in respect of the said rights and benefits. The Purchaser/s herein and the society will not have any objection to admit such assignee or transferee as the members of the society and shall not charge any fees or other amounts therefore. 16. THE Seller and the said Stalwart Impex Private Limited shall complete the said building or any part thereof or floor and obtain part occupation certificate thereof and give possession of Flat therein to the acquirers of such Flat and the Purchaser herein shall have no right to object to the same and will not object to the same and the Purchaser hereby gives his specific consent to the - 16 - same. If the Purchaser takes possession of Flat in such part completed and or floor or otherwise the Sellers and/or its Agents or Contractors shall be entitled to carry on the remaining work including further and additional construction work of building in which the said Flat are, the said building or any part thereof the Purchaser is aware that such construction will cause inconvenience to the Purchaser, and agrees and assures to the Sellers that the Purchaser shall not protest, object to or obstruct the execution of such work nor the Purchaser shall be entitled to any compensation and/or damage and/or claim and/or to complain for any inconvenience and/or nuisance which may be caused to him/her or any other person/s. 17. COMMENCING a week after notice in writing is given by the Sellers to the Purchaser that the said premises are ready for use and occupation. The Purchaser shall be liable to bear and pay the proportionate share of outgoings in respect of the said land from the date of grant of occupation certificate as well as the proportionate share of municipal tax, outgoings in respect of the said land, flat / shop / unit and building namely local taxes, betterment charges or such other levies by the concerned local authority and/or government water charges, common lights, repairs and salaries of clerks, bills of collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenances of the said building. The Purchaser shall pay to the Sellers such proportionate share of outgoings as may be determined by the Sellers. The Purchaser further agrees that till the Purchaser's share so determined by the Sellers shall pay to the Sellers and / or Stalwart Impex Private Limited provisional monthly contribution of Rs. _________ per sq.ft. Per month towards the outgoings from the date of notice as aforesaid. The amount so paid by the Purchaser to the Sellers shall not carry any interest and shall remain with the Sellers until a conveyance is executed in favour of co-operative society as aforesaid. Subject to the provisions of section 6 of the Maharashtra Co-operative Societies Act, on such conveyance being executed the aforesaid deposits (less deductions therefrom for the actual expenses incurred in various account ) shall be paid over by the Sellers to the Co- operative Society or as the case may be. - 17 - The Purchaser undertakes to pay such provisional monthly contribution and such proportionate share of outgoings regularly on the 5th day of each and every month in advance and shall not withhold the same for any reasons whatsoever. 18. THE Purchaser hereby agrees to pay on demand the Purchaser's share of stamp duty and registration charges payable, if any, by the said society on the Conveyance or any document or instrument of transfer in respect of the said property and the building or the said premises to be executed in favour of the society. 19. THE Sellers hereby declare that the said premises is not subject to any mortgage, charge, lien or any other encumbrances whatsoever. 20. THE Purchaser shall from the date of possession maintain the premises at Purchaser's own cost in good tenantable condition and shall not do or suffer to be done anything in or to the building in which the said building or the premises, staircase or common passage which may be against the rules, regulations of the concerned local or any other authority and the Purchaser shall not change, alter or make additions in or to the said premises or the building or any part thereof. 21. THE Purchaser shall not store in the said premises any goods which are hazardous, combustible and/or dangerous in nature or are so heavy as to damage the construction or structure of the building or are rejected to by the concerned local or other authority or authorities shall not carry out or cause to be carried heavy packaged to upper floors which may damage or likely to damage the staircase, common passages or any other structure of the building including the entrance of the premises and the Purchaser shall be liable for the consequences of breach of this clause. The Purchaser hereby agrees that he/she will not keep any things including pots of plants, gas cylinders, weather sheds, etc. at the outer surface or the exterior side of the building so that the building elevation, ambience, aesthetic, and dignity of the building doesn’t spoil and further, will not do such acts which will damage/ harm the building, elevations and paint of the building. 22. THE Purchaser shall at their costs carry out all internal repairs to the said premises and maintain the same in good condition, state and order in which the same was - 18 - delivered by the Sellers and shall not do or suffer to be done anything in or to the building in which the said building or to the said premises, which may be against the rules, regulations and bye laws of the concerned local authority and/or public authorities and the Purchaser shall be responsible to the concerned local authorities and or the other public authority for any thing so done in connection with the said building and/or the said premises and shall be liable for the consequences thereof. 23. THE Purchaser shall not at any time demolish or cause to be demolished the said premises or any part thereof nor shall at any time made or cause to be made any additions or alterations of whatsoever nature to the said premises or any part thereof or any alterations in the elevation and outside colour scheme of the said premises. The Purchaser shall keep the partition walls, sewer, drains, pipes in the said premises and appurtenances thereto in good tenantable repairs and condition of and in particular so as to support shelter and protect the other parts of the building and shall not chisel or hammer or break or cause damage to any columns, R.C.C. pardis or other structure or structural members in the said building without prior written permission of the Sellers and/or Society. The Sellers may make alterations in structure of the said premises as described in the said plans or any other alterations or additions in the structure of the said building after the said plans are disclosed or furnished to the Purchaser and the Purchasers shall not object for such alterations or additions, provided that such alterations/additions should not affect the flat/shop/premises agreed to be purchased by the Purchaser. 24. THE Purchaser shall not do or permit or be done any act or thing which render void or voidable any insurance of the said property and building or any part thereof or whereby any increase in premium shall become payable in respect of the insurance. 25. THE Purchaser shall not throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said premises in compound or any portion of the said property or building. - 19 - 26. IN case any security deposit is demanded by the concerned local authorities or government for the purpose of giving water connection to the said building, such deposit shall be payable by the Purchaser along with the other Purchasers of the said building. The Purchaser agrees to pay to the Seller and the said Stalwart Impex Private Limited within seven days of demand the Purchaser's share of such amount of deposit. The Purchaser also agrees to contribute proportionate expenses for transformer etc., if insisted by M.S.E.D.C.L. charges and penalties leviable by the concerned planning authority in connection with the enclosing of balconies or otlas. 27. THE development and/or betterment charges, N.A. taxes, open land taxes or other taxes levied by the concerned local authority, Government and/or any other public authority in respect of the said property and/or building, shall be borne and paid by the Purchaser along with all the Purchasers of flats in the building in proportion to the floor area of their respective premises. 28. THE Purchaser and the Sellers shall from time to time sign all applications, papers and documents and do all such acts, deeds and things as the Sellers and/or the Society may require for safe-guarding the interest of the Sellers and/or the Purchaser and the other Purchasers of the said premises in the said building. 29. NOTHING contained in this agreement is intended to be nor shall the same be construed as a grant, demise or assignment in law of the said premises or of the said land and building or any part thereof. The Purchaser shall have no claim and right, save except in respect of the said premises hereby agreed to be sold to him/her and all open spaces, parking spaces (open or closed), stilts, lobbies, staircases, terraces, recreation space, society office, club house etc., shall belong to and will remain the property of the Sellers only who are entitled to sell the same until the said land and the said building is transferred to the co-operative society as herein before mentioned with liberty to reserves from amongst them as per requirement but subject to the rights of the Sellers under this agreement. The Sellers have all rights, powers and authorities to sell any premises, units, terraces, parking paces except the flats/unit allotted to the Purchasers under this agreement and the Purchaser - 20 - has no objection for the same and will not raise any objection thereto. 30. THE Purchaser shall not let, sub-let, transfer, assign or part with his / her interest or benefit factors under this agreement or part with the possession of the said premises until all the dues payable by the Purchaser to the Sellers under this agreement are fully paid up and only if the Purchaser had not been guilty of breach of or non-observance of any of the term and conditions of this agreement and unless & until prior permission in writing is obtained from the Sellers. 31. THE Purchaser shall observe and perform all the rules and regulations which the society may adopt at its inception and additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the flats there Sellers shall attend such office and admit the execution thereof. The Purchaser shall deposit with the Sellers and /or Stalwart Impex Private Limited a sum of which will be worked out at the prevailing rates being proportionate share of stamp duty that would be needed for execution of final Deed of Conveyance or instrument of transfer, lease, assignment deed and other documents in favour of the Co-operative Housing Society or Condominium of Apartments. It is agreed that unless and until the Purchaser of various flats/shops/units in the said building pay the proportionate amount of stamp duty and registration charges, if any, the Sellers shall not be obliged to execute or cause to be executed the final deed of conveyance or instrument of transfer, lease assignment deed and other documents in favour of the Co-operative Housing Society/Condominium of Apartments. 32. ALL notices to be served on the Purchaser as contemplated by this agreement shall be deemed to have been duly served if sent by the Registered A.D. Post or Under Certificate of Posting to the Purchaser at his / her / their address as specified hereinabove. 33. THE Purchaser shall permit the Sellers and the said Stalwart Impex Private Limited and his / her Surveyors and agents, with or without workmen and others at all reasonable time, to enter upon, into the said property and premises or any part thereof to view and examine the state and condition thereof. - 21 - 34. IT is also understood and agreed by and between the parties hereto that the terrace space in front of or adjacent to the terrace flat in the said building, if any, shall be exclusively to the respective Purchasers of the terrace flat and such terrace spaces are intended for the exclusive use of the respective terrace Flat Purchaser. The said terrace shall not be enclosed by the Purchaser till the permission in writing is obtained from the concerned local authority and the Sellers or the society. a) The Sellers shall be entitled to transfer, assign, dispose off and/or sell in any manner he / she deem proper the said terraces, stilt, garage etc., to anybody. The Purchaser along with the other Purchasers will not raise any objection of whatsoever nature. The stilt, terraces on any floor and open spaces shall always be the property of the Sellers and the said Stalwart Impex Private Limited and they shall have full right and absolute authority to enclose the said stilt area of the building and further shall have the right to sell the same to any prospective purchaser. b) The Sellers shall become the member of the society in respect of its rights and benefits concerned above. If the Sellers transfers, assigns and disposes of such rights and benefits at any time to anybody the assignee / transferee shall become the member of the society and/or the Apartment Owner's Association in respect of the said rights and benefits. The Purchaser will not have any objection to admit such assignee or transferee as the member/s of the Society. c) The Purchaser agrees that they along with the other Purchasers of the flats will not charge anything from the Sellers or its nominee or nominees or transferee any amount by way of monthly maintenance charges or any other charges or outgoings for the use of such terrace, compound walls, display of advertisement or hoardings etc., for the purpose mentioned hereinabove. 35. IT is specifically agreed and understood by and between the Sellers and the Purchaser/s of the premises (the other premises buyers having signed and executed an agreement similar and incidental to this one) if for any reason the Municipal Council on the basis of its policy - 22 - do not give regular water supply to the building though ready for occupation for certain time as per Municipal Council’s time schedule and if on humanitarian ground the Sellers allow the Purchaser/s and/or any other premises, buyer (at the sole discretion of Sellers alone) to obtain a temporary water connection from Municipal Council on humanitarian ground on their own name at their own risk, cost and expenses then and in that event all costs, charges and expenses in respect of obtaining and maintaining or renewal of such temporary water supply shall be borne and paid by the Purchaser/s and the other premises buyers proportionately from time to time till proper authorized regular water supply is made available to the said building by the Municipal Council, In the event for the purpose of furniture, the Sellers on the request of the Purchasers gives temporary possession before obtaining occupation and water supply, the Purchaser so taking possession shall pay and contribute such charges, outgoing as the Sellers deem fit. 36. THE Purchaser do hereby agrees and confirm that he/she has purchased the flat/shop/space/premises only after seeing the place and noticing the situation of surroundings and satisfied himself/ herself with it. Any noise problem is arising in future because of the commercial upcoming or change in aviation route or due to any other reasons, the Purchaser will not raise any objection against the Sellers or do anything against the Sellers nor do anything to held the Sellers responsible for it. 37. THE Purchaser shall not claim any deduction in the cost of his / her flat on account of deletion of any item of construction as per his / her requirements, of the Purchaser in his / her flat. 38. If additional amenities are required by the Purchaser, then in that event the Purchaser agrees to pay in advance the cost of such additional amenities as per the estimate prepared by the Sellers or the Architect of the Sellers and his decision shall be final and binding. 39. THE Purchaser covenant with the Sellers that if at the request of the Purchasers the Sellers makes any change in the flats/shops/other units agreed to be sold and as a result of this the Sellers have to use any materials less than the other purchasers, even then the Purchaser shall not be entitled to any reduction in the agreed price of the - 23 - said flat and he/she shall be liable to pay the entire agreed price as per this agreement. Similarly, the Sellers are not bound to carry out any extra additional work for the Purchasers without there being a written acceptance by the Sellers that they have agreed to execute the additional extra work for the Purchaser. In case if the Sellers have agreed to do any additional extra work for the Purchaser, the Purchaser shall make the payment within 7 days from the date when the Sellers give the estimated cost. If the Purchaser fails to deposit with the Sellers the estimated cost for the additional extra work agreed to be carried out by the Sellers, then the Sellers shall not be liable to carry out the said additional work in the premises of the said Purchaser. 40. THE Purchaser herein has desired to avail the special amenities over and above the general amenities as mentioned in the Annexure hereto and the Purchaser has agreed to pay the extra consideration as mentioned in the supplemental agreement for providing amenities. It is further agreed and understood by and between the parties that the said amenities shall be provided only on payment of installment as mentioned in the supplemental agreement and that such agreement shall form a part and parcel of this agreement. 41. THE Sellers shall have the right to make additions and/or alterations and raise or put up additional structures, as may be permitted by concerned authorities on the terrace or the said land and/or grant right of way from the said land for development of any property adjacent to this property. In the event of any land of the said entire land being notified for setback, D.P. Road, the Sellers alone shall be entitled to receive the compensation or such other benefit that may be given by the authorities concerned for the same and the Purchaser and/or the Society shall not be entitled to the same or any part or portion thereof. 42. THE transaction covered by this contract at present is not understood to be a sale liable to tax under Sales Tax Laws. If however, by reason of any amendment to the constitution or enactment or amendment of any other laws, central or state, this transaction is held to be liable for tax as a sale, service or value added tax or otherwise either as a whole or in part, in connection with this transaction are liable to be tax, or Service Tax or Value - 24 - added tax is liable for such transaction the same shall be payable by the Purchaser along with the other purchasers of the building on demand at any time. 43. IN the event of the Society is being formed and registered before the sale and disposal by the Sellers and / or Sellers of all the Flats, stilt and other spaces, garages, gardens, terraces, compounds and car parking spaces in the said building and in the compound, the power and authority of the Society so formed or of the Flat holders and the Purchasers of flats and other spaces and car parking spaces shall be subject to the over all authority and control of the Sellers. In respect of any of the matters concerning the said building the construction and completion thereof and all amenities pertaining to the same and in particular the Sellers shall have absolute authority and control as regards the unsold Flats, stilt, terraces, compounds and other spaces, hoardings and car parking spaces and the disposal thereof. The Sellers shall be liable to pay only the Municipal taxes at actual in respect of the unsold Flats, hoarding spaces and/or car parking spaces, terraces. In case of the conveyance is executed in favour of the Co-operative Society before the disposal by the Sellers of all the Flats, then and in such event the Sellers shall join in as the members in respect of such unsold Flats and as and when such Flats are sold to the persons of their choice and at the discretion of the Sellers, the Co-operative Society shall admit such Purchaser/s of Flat/s as members/s without charging any premium or any other extra payment. 44. THAT the Purchaser shall at no time demand partition of their interest in the said SCHEDULE hereunder written of the said building it being hereby agreed and declared by the Purchaser that their interest in the piece or parcel of land more particularly described in the SCHEDULE hereunder written and the building and land is impartiable and it is further agreed that the Sellers shall not be liable to execute a transfer deed in favour of the Purchaser unless the Sellers decided to submit the entire building to the provisions of the Maharashtra Apartment Ownership Act, 1970. 45. It is agreed and understood between the parties that and the Purchaser aware that there are several buildings to be constructed on the said property and that the Sellers will be carrying on the construction and completing the buildings in phase-wise manner and that as and when - 25 - the buildings are completed, the entire flats there in are sold out, the cooperative housing societies of such buildings from time to time and accordingly the conveyances of the portions of land on which the buildings are constructed will be conveyed to such respective cooperative societies and it shall be at the sole discretion of the Sellers to form such societies and to execute the conveyance/s thereof and such fact is being brought to the clear knowledge and notice of the Purchaser herein and the Purchaser has granted his/her express and irrevocable consent for the same and agree and assure to grant his/her sincere and utmost cooperation in formation such cooperative housing societies and its conveyances thereof and shall not raise objection, hindrances and claims of any nature whatsoever 46. The Sellers has provided to the Purchaser the copy of orders, sanctioned plans, permissions, approvals, documents of title and have clearly brought to the knowledge of the Purchaser that during the course of construction the Sellers will amalgamate the said entire property along with the land bearing Survey No. 3 Hissa No. 4 admeasuring 5100 sq.metres, Survey No. 3 Hissa No. 3 admeasuring 4100 sq. metres as well as Survey No. 3 Hissa No. 2 admeasuring 5900 sq. metres and further to carry out the development and scheme of construction of such property along with the entire property and accordingly all the common amenities and infrastructure of the said entire scheme of construction and layout will be shared by all the purchasers acquiring the flats / units in the said project Usha Kiran Residency and the Purchaser is fully aware of the covenants, common rights as appearing on the sanctioned plans and after being fully satisfied about the same has granted his / her express and irrevocable consent for the same. 47. Notwithstanding any other provisions of this agreement the Sellers and Stalwart Impex Private Limited shall be entitled at their sole and absolute discretion: 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 - 26 - 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, 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. 48. IT is clearly understood and agreed by and between the parties hereto that the Sellers shall have the unqualified and unfettered right to sell on ownership basis to any one of their choice, the garden in the compound and the terrace above the top floor of the said building subject to the necessary means of access to be permitted for such purpose so as to reach the water tank. The Purchaser/Occupant of such terrace/garden shall be entitled to make use of the same for the purpose whatsoever, as permissible by law. However, the Purchaser/Occupant of such terrace/garden shall not enclose or cover the said terrace/garden without the written permission of the Sellers and/or the Society or such body formed, as the case may be and Municipal Council and other concerned authorities. 49. It is specifically declared that the if the Sellers provides the facility of bore well then the Sellers hall have full right and absolute authority to grant the water connection / supply to any adjoining buildings / societies and the Purchaser herein along with the other Purchasers shall not raise any objection for such grant of facility of bore well water and use of such bore well water by the Sellers for construction of other buildings in the adjoining properties. - 27 - 50. THE Purchaser/s is aware that the Sellers shall be paying the maintenance, municipal taxes, local taxes and all outgoing as aforesaid in respect of whole of the property for and on behalf of the Purchaser/s of the flats and it shall be the paramount responsibility and obligation of the Purchaser/s to pay all the outgoing regularly. In the event of the default being committed by the Purchaser/s herein or any of the Purchaser/s of any other units and in such event the Sellers shall not be bound to pay the outgoings for and on behalf of such defaulting persons and in the event of any essential supply being disconnected, it shall be the responsibility of the Purchaser/s together in respect of the flats in respect of which possession has been given by the Sellers 51. IN the event of the society or corporate body being registered before the sale and disposal by the Sellers of all the persons in the said building, the power and authority of the society or the corporate body so formed or of the Purchaser herein and other Purchasers of the flat shall be subject to the overall powers of the Sellers in any matter concerning the building construction and completion thereof and the Sellers shall have absolute authority and control as regards the unsold flats, the balance floor space and its disposal thereof. 52. THE Sellers 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 Sellers to the intending Purchasers. 53. THE Purchaser shall lodge at his own costs as to the registration charges for registration within seven days of the date of this agreement and shall intimate the Sellers within 7 days from the date of lodgement and serial number under which the same is lodge for registration with xerox copy of receipt in order to enable the Sellers / Builders to admit the execution of the same. 54. THE terraces on any floor, stilt, basement and garage if any, shall always be the property of the Sellers and the Sellers have full right and authority to enclose the said stilt area of the building and further right to sell the - 28 - same to any prospective purchaser/s and the Purchaser/s herein along with other purchasers will not take any objection for the same and the Purchaser has only the right in respect of the flat agreed to be purchased by him or her. 55. THE Sellers shall not be responsible for the consequences arising out of change in law or change in municipal and other laws, rules, regulations etc., 56. IT is brought to the notice of the Purchaser that the electric meters of all the flats / shops / office premises as well as the water meters will be in the name of the Sellers herein and the Purchasers and / or their society shall get the same transferred in their favour and the Sellers herein will grant the no objection as and when required 57. The Sellers have clearly brought to the knowledge and notice of the Purchaser herein that in pursuance to the sanctioned plans and permissions, the Sellers is entitled to commence, carry out the construction work on the said property and the Sellers have further brought to the notice and knowledge of the purchaser herein that during the course of the scheme of construction, the Sellers will acquire, use, utilise the transferable development rights and increases in the Floor Space Index from time to time and the purchasers will not raise any objection, hindrance and/or obstruction for such use of the above facilities by the other intending purchasers and the 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. 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 Sellers for the same and shall not raise any objection and/or hindrance for construction of such buildings by the Sellers. 58. The Sellers have also shown to the Purchaser the entire layout of the said property, the nature and extent of the - 29 - land to be handed over to the concerned authorities on account of set back, reservations etc., and in such eventuality the transfer of the land shall not be equivalent to the floor space index used, utilized and consume in the buildings to be constructed / constructed on the said property and the Purchaser is fully aware of the same and have accordingly granted his / her express and irrevocable consent for the same. 59. THE Sellers have explained to the Purchaser that if any difficulty arises in registration of Societies due to more than one building in the said complex then some common organisation or Apex / Federal Society will be formed by the Sellers which may be found feasible and suitable in the circumstances. After the sale of all the premises and completion of development of the said property in all respect and if feasible, the Sellers will convey, transfer and assign the lease of the said property with the building in favour of the co-operative housing society formed by the Purchasers of all the buildings and if not possible then conveyance and assignment of lease of the said property with the building will be executed in favour of Federation of all the societies if formed as the Sellers may at their discretion deem fit. 60. The Purchaser has seen the layout of the proposed building complex, provisions for annexed buildings, further expansion etc. and has agreed and understood the common amenities like common roads, 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 complex and accordingly the Purchasers of the premises in the said complex 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., 61. It is agreed that if before the execution of the conveyance in favour of the proposed society and further construction on the land is allowed in accordance with the rules and regulations of the municipal Council then the Sellers would be entitled to put up additional or other construction without any hindrance by the Purchaser. Provided that any payment may, have to be made to the municipal Council for such additional construction shall be paid by the Sellers. The Sellers shall be entitled to sell - 30 - premises forming part of such additional construction in such manner as they may think fit and proper to any person or persons for such consideration as the Sellers may in his absolute discretion deem fit and proper. The Sellers will in those events be entitled to connect the electric meter, sanitary and drainage connections provided however that all costs of construction of such additional floors and the connection to be made thereto shall be borne by the Sellers. The Sellers and / or their transferees shall have the right to use all the staircases, lifts and other common amenities of the building. In the event of additional floors being constructed as aforesaid, the water tank shall be shifted to the top of such structures at the cost of the Sellers. Even if any additional construction becoming permissible on the said building after the completion of the construction of the said building, the Sellers shall be entitled to construct the same and to sell the additional tenements. The Purchaser herein and the members of the society shall admit such new intending purchasers at its members. 62. In the event of any portion of the said property being required for putting up an electric sub-station, the Sellers shall be entitled to give such portion to the concerned body for such purpose on such terms and conditions as the Sellers shall think fit. 63. 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 licence agreement in respect of the premises allotted to the purchaser. 64. After the possession of the premises is handed over to the Purchaser if any additions or alterations in or about or relating to the said building are thereafter required to be carried out by the Government, municipality or any statutory authority the same shall be carried out by the Purchaser in co-operation with the Purchaser of the other premises in the said building at his own costs and the Sellers shall not be in any manner be liable or responsible for the same and for any damage caused to the building. 65. IT is hereby agreed that the Sellers and the said Stalwart Impex Private Limited 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 - 31 - 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 / shops purchasers in the said buildings and the Purchaser herein shall not, in any manner object the said right of the Sellers. It is further agreed that in such event (purchasers of the adjacent land for the purpose of development) the Sellers 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 develop them and the Purchaser herein shall not object the said right of the Sellers and Stalwart Impex Private Limited in any manner. 66. The Purchaser/s hereby declare and confirm that he / she/they 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 Sellers to the Purchaser/s as regards the amalgamation of the said property with the other adjacent and abutting lands and with the full, clear knowledge and information thereof and subject to the terms, conditions and stipulations imposed or which may hereafter be imposed by the Municipal Council and all other concerned government bodies and authorities and also subject to the Sellers'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 floor space index on the said land. 67. The Purchaser/s agree and undertake to observe, abide by and comply with all the terms, conditions and stipulations of all exemptions orders, scheme, building permission, sanctions, approvals, NOCs etc., that have been granted or sanctions and which may hereafter be granted or sanctioned or imposed by any authority, statutory or otherwise, including making payment of all amounts, charges, expenses, deposits etc., whether refundable or not. - 32 - 68. All terms, conditions and covenants of this agreement, including the powers, authorities, permission and covenant given by the Purchaser/s to the Sellers herein shall remain valid, operative, binding, continuous, subsisting, irrevocable and in full force and effect even after the occupation / possession of the said premises is handed over to the Purchaser/s under the possession of the said building is handed over to the said organization and the deed of conveyance / assignment / lease or any other transfer document is executed. 69. THE Sellers and Stalwart Impex Pvt. Limited shall have full right, absolute authority and shall be entitled to 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 including creation of mortgage and charge on the said property for the purpose of raising finance, monies for the development of the said property or otherwise, subject to the rights of the Purchaser/s under this agreement and in such event, the Sellers undertake to clear the aforesaid mortgage amount along with the interest, dues and charges thereof and clear the said charge or encumbrances as per the terms of the said deed and in any event prior to the execution and registration of the Deed/s of Transfer and the Sellers shall indemnify and keep the purchaser fully indemnified against all claims of any nature whatsoever that may be made against the purchaser by virtue of any encumbrances created as aforesaid and shall also obtain the requisite no objection certificate for sale of the flat in favour of the Purchaser herein. 70. IT is also hereby expressly agreed that so long as it does not in any way affect or prejudice the rights created in favour of the Purchaser/s in respect of the flat, the Sellers shall be at liberty to sell, assign, mortgage or otherwise deal with or dispose off their rights, title and interest in the said building and/or in the said property or any part thereof or open land surrounding the said building and give them as open parking space or in any other manner they deem fit including to assign and/or give on lease or sub-lease or including any portion or portions or the said property and the same shall be binding on the Purchaser/s. - 33 - 71. It is expressly agreed that the Sellers shall be entitled to put hoardings 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 comprising of neon sign or such other type or mode as may be designed by the Sellers and for the purpose Sellers 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 Sellers 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 Sellers, 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 Sellers shall be entitled to transfer or assign such right to any person or persons whom they deem fit and the limited company shall not raise any objection thereto. 72. THE Sellers have reserved its right to allot the terrace area of the premises above lift well for the purpose of installation of mobile link towers or B.T.S. equipments and the Purchaser is aware of the same and has granted express and irrevocable consent for the same and has granted express and irrevocable consent for the same. The Purchaser or his/her nominees shall not be entitled to claim any compensation or any part of the revenue accrued from the same nor be entitled to levy any maintenance charges for using the said facility. The Purchaser herein has granted his/her express and irrevocable consent to the Sellers and their agents, representatives’ activities for setting up, maintaining and up-keeping of such mobile installations, equipment and for that purpose have allowed and permitted them to carry out the cabling, wiring and fixing up of wires, - 34 - installations, equipment in and through the said building/land and every part thereof. 73. IN the event of any land of the said entire land being notified for setback, D.P. Road, the Sellers alone shall be entitled to receive the compensation or such other benefit that may be given by the authorities concerned for the same and the Purchaser and/or the Society shall not be entitled to the same or any part or portion thereof. 74. THE Purchaser will immediately on receipt of possession of said Flat at his own costs and expenses get the said Flat property insured including for theft, earthquake, storm and fire. 75. THE Sellers will provide pipeline, overhead water tank underground water tank and water connection to each flat as per the norms rules and regulations of Municipal Council and will obtain occupation and water connection. Thereafter if there is any shortage in water supply for any reason whatsoever the Sellers shall not be responsible for the same. 76. THE Purchaser shall not be entitled to claim partition of his/her share in the said property and/or the said Building and/or the said Flat and the same shall always remain undivided and importable. 77. THE Transfer Deed and all documents shall be prepared by the Advocates of the Sellers and shall contain covenants and conditions including those contained in this Agreement with such modifications, alterations, and additions therein as the Sellers may deem fit and proper and other clauses which they think necessary and desirable. 78. It is clearly brought to the notice of the Purchaser and the Purchaser is made aware that Government has imposed service tax and value added tax 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 Sellers and the Purchaser agree and assure to pay the same without any delay. 79. It is clearly brought to the notice of the Purchaser and the Purchaser agree and undertake that at the time of the Purchaser transferring his flat to any intending purchaser and on grant of no objection certificate by the Sellers, the Sellers will incorporate a clause stating that - 35 - all the covenants, terms and conditions as mentioned in this agreement shall always be binding upon the intending purchaser / transferee. 80. PROVIDED and ALWAYS that if any dispute, difference or question at any time hereafter arises between the parties hereto or their respective representatives or between Purchasers of other premises in the said building, and the Sellers in respect of the construction of these presents or concerning anything hereto contained or arising our of the premises or as the rights liabilities or the duties of the said parties hereunder the same shall be referred to Arbitrators of two persons one to be appointed by the Purchaser or all other Purchasers together and one by the Sellers. The Arbitrator so appointed shall appoint before entering upon the reference, appoint Chairman. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to such reference. 81. The Purchaser has purchased the said flat as an investor and the Purchaser intends to sell the said flat to any intending as and in such event the purchaser shall be entitled to invoke the benefit available under the Bombay Stamp Act, 1958. Without prejudice to the purchaser’s right under the said Act, the Purchaser shall continue to hold, own, possess and enjoy the said and become the member of the cooperative housing society as and when formed. 82. This agreement shall, to the extent they are statutory, always be subject to the provisions contained in the Maharashtra Ownership Flat (Regulation of Promotion, Construction, Sale, Management and Transfer) Act, 1963, (Maharashtra Act No. XV of 1997) and Rules made thereunder and any other provisions of Law Applicable thereto. SCHEDULE All those pieces and parcels of land lying, being and situate at village Kharwai, Taluka Ambernath, District Thane bearing Survey No. Hissa No. Area(sq.mts) 3 11 1600 3 10 3900 3 9 3000 - 36 - 3 8 4800 3 7A 1800 3 7B 3700 3 6 5200 3 4 5100 3 3 4400 Total  33500 Within the limits of Kulgaon Badlapur Municipal Council. 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. SIGNED & DELIVERED by the within named Sellers Usha Construction Company a partnership firm, through its partner _______________________________ ______________________ SIGNED & DELIVERED by the within named Purchaser/s _________________________ ______________________ _________________________ ______________________ WITNESS: 1 2 RECEIPT RECEIVED WITH THANKS FROM ] WE SAY RECEIVED THE WITHINNAMED PURCHASER ] THE SUM OF Rs. ____________ ] (Rupees______________________________) ] _____________________________________) ] - 37 - Cheque No.___________ being the part price/ ] Consideration in respect of sale of the ] Flat hereinabove mentioned. ] Sellers