This Agreement for Sale is made at AMBERNATH on this........day of.......... in the year 2024 BETWEEN M/s. KGI REALTY PVT. LTD., (PAN NO.: AAHCK5827B, a company registered under the Companies Act 2013, having its registered office at PLOT NO. 650(P) & 651(P), MEZZANINE FLOOR, SAGARICA APARTMENTS, NEAR CHOPDA COURT, ULHASNAGAR, THANE - 421003 and hereinafter referred to as "the Promoter" (which expression shall, unless contrary to the context or meaning thereof, mean and include its successor and assigns) of the One Part and ( .........................) having address athereinafter referred to as " the Allottee" ( ) of the Other Part. WHEREAS: A.1. By and under Certificate dated 19th April 1964 issued under section 32M of the Bombay Tenancy and Agricultural Lands Act, 1958 Shri Yashwant Dharma Patil purchased for Rs 1,967/- two parcels of agricultural lands bearing Survey No. 36, Hissa No. 23 / 3 admeasuring 1 H 2 R equivalent to 10,200 square meters and Survey No. 36, Hissa No. 24 admeasuring 1 H 92 R equivalent to 19,200 square meters, admeasuring in aggregate 29,400 square metres situated at Village Adivali – Dhokli, Tal.: Ambernath, Dist. Thane more particularly described in the First Schedule hereunder written and hereinafter referred to as ‘the Larger Land’. The said Larger Land is delineated by black colored boundary line on TILR Plan. A.2. The said Shri Yashwant Dharma Patil died in 1986 leaving his mother Smt. Parvati Dharma Patil and his brother Vasudeo Dharma Patil, as his only heirs and next of kin according to the law by which he was governed, as per Mutation Entry No. 540 dated 16.10.1987. A.3. The said Parvati Dharma Patil, died leaving (i) Vasudeo Dharma Patil, (ii) Somubai Kalu Kade, (iii) Jamnabai Dunda Patil and (iv) Tarabai Shankar Joshi, as her only heirs and next of kin according to the law by which she was governed as per Mutation Entry No. 572 dated 18.9.1992. A.4. The said Vasuedo Dharma Patil died on 9.11.2006 leaving behind (i) Nirmala Vasudeo Patil, (ii) Sapna Vasudeo Patil, (iii) Mamta Vasudeo Patil, (iv) Sajan Vasudeo Patil as his only heirs according to the law by which he was governed as per Mutation Entry No. 713 dated 2.7.2008. A.5. The said Smt. Somubai Kalu Kadu and Jamnabai Dunda Patil executed a registered relinquishment deed dated 25.6.2008. Consequently, their names were deleted from revenue record vide Mutation Entry No. 727 dated 25.9.2008. A.6. By the Power of Attorney dated 19.1.2010, registered in the office of Sub-Registrar, Ulhasnagar – III at Serial No. 354 of 2010, Nirmala Vasudeo Patil for self and as Natural Guardian of Sapna Vasudeo Patil, Mamta Vasudeo Patil and Sajan Vasudeo Patil and Tarabai Shankar Joshi [the land-owners] granted certain powers and authorities, including the power of sale to Elcarim Promoters and Properties Pvt. Ltd. and its Directors. A.7. By the Conveyance Deed dated 18.2.2011, registered in the office of Sub-Registrar, Ulhasnagar – III at Serial No. 864 of 2011 Nirmala Vasudev Patil for herself and her minor children Sapna Vasudev Patil, Mamta Vasudev Patil, Master Sajan Vasudev Patil, Tarabai Shankar Joshi sold transferred and conveyed unto M/s. Elcarim Promoters and Properties Pvt. Ltd the said Larger Land. A.8. By the Deed of Confirmation dated 2.12.2020, registered in office of Sub-Registrar, Ulhasnagar – III at Serial No. 6595 of 2020, (i) Sapna Vasudeo Patil, (ii) Sajan Vasudeo Patil, (iii) Mamta Vasudeo Patil have confirmed hereinabove recited Deed of Conveyance dated 18.2.2011 executed by their mother for herself and her minor children. A.9. By the Agreement for Sale dated 16.12.2020, registered at office of Sub-Registrar, Ulhasnagar – III at Serial No. 7310 of 2020, Elcarim Promoters and Properties Pvt. Ltd. agreed with the Promoter to sell the Larger Land more particularly described in the FIRST SCHEDULE hereunder written. A.10. By the Deed of Conveyance dated 16.12.2020 registered in the office of Sub-Registrar, Ulhasnagar – III at Serial No. 7316 of 2020, Elcarim Promoters and Properties Pvt. Ltd. sold the Larger Land to the Promoter for the consideration and on the terms and conditions contained therein. B. By an Order dated 19.10.2010 passed under section 36 of the Maharashtra Land Revenue Code, 1966, Sub-Divisional Officer, Ulhasnagar Division, Ulhasnagar granted permission for change of user of the Larger Land from agricultural use to non-agricultural as per Mutation Entry No. 910 dated 16.12.2010. The Elcarim Promoters and Properties Pvt. Ltd. through its Director has paid on 28.2.2019 to the Tehsildar, Ambernath, Residential Conversion and Non-Agricultural Tax of Rs 32,582. C. The said Larger Land is affected by two 24 meters wide DP Roads passing from North to South and from East to West on the said Larger Land thereby naturally subdividing it into three Plots – Plot ‘A’, Plot ‘B’ and Plot ‘C’. The sub-divided plots A, B and C admeasures in aggregate 22,887.30 square meters, hereinafter referred to as ‘the Layout Land’. The Layout Land is more particularly described in the SECOND SCHEDULE hereunder written. The said Layout Land shall always be named as ‘KOHINOOR EDEN’. D. The Promoter has handed over to KDMC the DP Roads and is entitled to utilize FSI thereof on the sub- divided plot [DP Road FSI]. E. Plot B is affected in the Development Plan of Kalyan Dombivili Municipal Corporation [KDMC] by developable Municipal School Reservation of area 2,900.74 square meters out of which the Promoter is required to hand-over 2,000 square meters to KDMC and utilize the balance area in the development of the Layout Land [Accommodation Reservation FSI]. The Promoter will be handing over some constructed area of the Plot B to KDMC. F. Plot C has been partly designated by the Promoter for Public Housing as required under UDCPR. The Promoter will be constructing on the said Plot commercial Apartment on the ground floor and residential tenements on upper floors and will be utilizing the additional FSI granted in lieu thereof as also other FSI on the Layout Land [Inclusive Housing FSI]. G. The Promoter, by the Agreement dated 4.5.2021 registered at the office of Sub-Registrar, Kalyan II at Serial No. 9253 of 2021, has purchased the TDR of 1500 square meters equivalent to 10,636 square meters FSI for utilization on the Larger Land [TDR FSI]. H. The Promoter is thus entitled to develop the Larger Land utilizing basic FSI, D.P. Road FSI, TDR FSI, Premium FSI, Accommodation Reservation FSI, Ancillary Area FSI and permissible increases therein. The Promoter may acquire adjacent Lands and amalgamate the same with the Layout Land for construction of one or more buildings thereon or utilize its FSI on the Layout Land. I. The authenticated copies of Certificate of Title issued by Advocate Drupad S Patil of the Promoter, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. J. The Promoter has through their Architect submitted to the Kalyan Dombivli Municipal Corporation, Kalyan [KDMC] building and Layout Plans for development of the Larger Land which KDMC has sanctioned on 29th July 2021, vide Building Permit No. KDMC/TPD/BP/27 Village / 2021-22/01/219 [the said Building Permission] permitting the Promoter to construct built-up area of 99,183.98 square meters as per the Sanctioned Plan which will be subject to revision, amendment and modifications for amalgamation of adjacent lands with the Layout Land and construction of multiple buildings thereon and/or for utilization of FSI thereof on the Layout Land [Development Potential]. K. The Promoter may develop one or more buildings on sub-plots A, B and C of the said Layout in phased manner and in such manner as the Promoter may in its sole discretion deem fit. The Promoter will construct the School Building on sub-plot B as indicated on the sanctioned Layout Plan for handing over constructed area to KDMC. The Promoter will also construct residential apartment on sub-plot C for handing over to MHADA in compliance with the conditions of the statutory approval under Building Permission. 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. L. The Authenticated copies of the plans of the Layout as approved by KDMC have been annexed hereto and marked as Annexure C-1 M. In this Phase of the development, the Promoter intends to construct Building No.5 on Plot B [the said building] of the Layout Land [the Project Land] as shown in hash on the plan thereof annexed heretobefore as Annexure ‘E’. The construction of said Building shall be the Project named as KOHINOOR EDEN and is hereinafter referred as ‘the Project’. The Promoter shall construct other buildings on the Layout Land in the phased manner according to its convenience N. The Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; O. The Promoter is in possession of the Project Land P. In pursuance thereof, the Promoter proposes to construct – i. on Plot A – one residential building on stilt and 7 upper floors; ii. on Plot B – a. residential Buildings Nos 1,2,3,6 on stilts and 23 upper floors, b. residential Building No. 7 on stilt and 15 upper floors, c. Building No. 4 and 5 of ground and 23 upper floors having shops on the ground floor and residential apartments on 23 upper floors; d. Multi-Level Car Park building and Club House; e. School Building for handover to KDMC; f. Recreation Garden. g. Provisions for STP iii. on Plot C – building having shops on the ground floor and residential apartments on upper floors. Residential Apartment on ______upper floors above the shops hereinafter collectively referred to as ‘the Whole Project’ named as KOHINOOR EDEN. Q. The authenticated copy of the plans and specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by KDMC have been annexed as Annexure D. R. Prior to the execution hereof the Allottee/s has/have visited the project site and has satisfied its state and conditions thereof and based on their satisfaction and acceptability of the title of the Promoter as recited hereinabove the Allottee/s has/ have applied to the Promoter for allotment and the Allottee is offered an Apartment bearing number on the floor, ( herein after referred to as the said “Apartment”) in the wing of the Building called KOHINOOR EDEN (herein after referred to as the said “Building”) being constructed in the phase of the said project, by the Promoter. T. The Promoter has entered into a standard Agreement with Mr. Vijay Pandey an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; S. The Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at no ; authenticated copy is attached in Annexure ‘E’; T. The Promoter has appointed M/S JW Consultant a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. U. By virtue of the Deed of Conveyance dated 16.12.2020 registered in the office of Sub-Registrar, Ulhasnagar – III at Serial No. 7316 of 2020 the Promoter has sole and exclusive right to sell the Apartments in the said building/s to be constructed by the Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Apartments to receive the sale consideration in respect thereof; V. On demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architect Mr. Vijay Pandey and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; W. The authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-1. X. The authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure A, Y. The authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D Z. The Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building AA. While sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. BB. The Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. CC. The Allottee has applied to the Promoter for allotment of an Apartment No. ......... on .........floor in wing situated in the building No. being constructed in the phase of the said Project. DD. AND WHEREAS the carpet area of the said Apartment is ____ square meters (RERA carpet area) along with the exclusive use and occupation of Balcony/Terrace admeasuring ___________ Sq. Mt. and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee/s or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee/s, but includes the area covered by the internal partition walls of the apartment. The said Apartment shall be provided with the amenities and internal works specified in the Annexure ‘F’. It is expressly made clear that the Promoter has not and will not be providing Loft anywhere in the said Apartment. EE. 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; FF. Prior to the execution of these presents the Allottee has paid to the Promoter a sum of Rs..................... (Rupees ....................................................) only, being part payment of the sale consideration of the Apartment agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. II. Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. ; JJ. Under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. KK. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the (Apartment/Plot) and the garage/covered parking(if applicable) NOW THEREFOR THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. SCOPE AND OPERATION OF THE RECITALS: 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 shall not govern the interpretation of the clauses hereof. 2. DEFINITIONS: In this Agreement, unless the context otherwise requires (i) capitalized terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following expressions shall have the following meanings assigned to them herein below: 2.1. ‘RERA Carpet Area’ shall have the meaning ascribed to it in Section 2(k) of the RERA Act. 2.2. ‘Common Areas’ shall mean and include amenities and facilities more particularly set out in Annexure “F” hereunder written; 2.3. ‘External Development Works’ shall mean and include the works more particularly set out in Annexure “F” hereunder written; 2.4. ‘Interest’ shall have the meaning ascribed to it in the RERA read with the RERA Rules (Presently, the same is the State Bank of India highest Marginal Cost of Lending Rate plus two percent; however, in case the State Bank of India Marginal Cost of Lending Rate is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lending to the general public). 2.5. ‘Internal Development Works’ shall mean and include the works more particularly set out in Annexure “F” hereunder written; 2.6. ‘Internal Fittings’ shall mean and include internal fittings and fixtures and amenities in the said 2.7. ‘Occupation/Completion Certificate’ shall mean Certificate issued by the Kalyan – Dombivli Apartment that shall be provided by the Promoter are listed in the Annexure I. Municipal Corporation under the Maharashtra Regional Town Planning Act, 1966; 2.8. ‘Possession Date’ shall mean the date stipulated in this Agreement. 3.1. The Promoter shall construct the said building/s consisting of Ground/Stilt upper floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 3.2. 1(a)(i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment No. .............. of carpet area admeasuring............. sq. metres on ............ floor in the building KOHINOOR EDEN (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs. ................... including Rs...................... being the proportionate price of the common areas and facilities appurtenant to the Apartment, the nature, extent and description of the common areas and facilities which are more particularly described in the THIRD Schedule hereunder written and shown on the Typical Floor Plan thereof annexed hereto marked as Annexure ‘I’ at and for Sale consideration of Rs ………………./- [Rupees …………………………………..] including Rs /- being the proportionate price of the common area and facilities which are more particularly described in Annexure I hereto. (a) (ii) The Allottee/s hereby agree/s to purchase from the Promoters and the Promoters hereby agrees to sell to the Allottee/s, garages, covered parking spaces at _____ level basement/podium/stilt/mechanical car parking unit bearing No ____admeasuring ____ sq.fts having _____ ft. length X _____ft. breadth X _____ft. vertical clearance being constructed in the layout for the consideration of Rs. ____________/-. (a) (iii) The Allottee has requested the Promoter for the allotment of open car parking space and the Promoter agrees to allot the Allottee an open car parking space without consideration bearing No ____admeasuring ____ sq.fts having _____ ft. length X _____ft. breadth. (b) The total aggregate consideration amount for the apartment including garages/covered parking spaces is thus Rs.______/- (C) The Allottee has paid on or before execution of this agreement a sum of Rs (Rupees only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay the promoter the balance amount in the following manner :- in instalments only in their designated Bank Account more particularly stated in the hereunder written. The Allottee/s shall not tender any sum in cash to any of the employee or Agents of the Promoter. The Promoter shall not be responsible or accountable for any cash payment made by the Allottee/s and the Allottee/s shall not be entitled to claim any credit in respect thereof Sr. Milestone Percentage Cumulative No. Percentage 1 On Booking Token Amount 1% 1% 2 Within 15 days of Booking 8% 9% 3 Within 10 (ten) days after 20% 29% Execution and Registration of Agreement for Sale 4 On Completion of Plinth 15% 44% 5 4 Level 6% 50% 6 9 Level 5% 55% 7 14 Level 5% 60% 8 19 Level 5% 65% 9 24 Level 5% 70% 10 On completion of the walls, 5% 75% internal plaster, floorings, doors and windows of the Flat 11 On completion of the sanitary 6% 80% fittings, staircases, lift wells, lobbies upto the floor level of the said flat. 12 On completion of the external 5% 85% plumbing and external plaster, elevation, terraces with water proofing of the building. 13 On completion of the lifts, 10% 95% water pumps, electrical fittings, electro, mechanical and enviornment requirement, entrance lobby/s, pling protection, paving of areas appurtenant. 14 On handing over of the 5% 100% possession or on or after receipt of the occupancy certificate or Completion Certificate 1 The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoters by way of GST or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoters) up to the date of handing over the possession of the Apartment. The transaction covered by this contract at present attracts GST at the rate of ____ %. The Allottee is liable to pay Rs. _______ towards GST. 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 any other tax by whatever name called in connection with this transaction are liable to be tax, as the case may be is liable for such transaction the same shall be payable by the Allottee along with the other Allottees of the building on demand at any time (d) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the 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 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. (e) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 3.20 of this Agreement. (f)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 payments in any manner. 2.1 The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 2.2 Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Apartment to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in FOURTH SCHEDULE hereunder written. (“Payment Plan”). 2.3 The Allottee/s agrees to pay Interest (as defined above) to the Promoter, on all the delayed payment of Installments payable as per the Payment Plan and/or all other amounts which become due and payable by the Allottee/s to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee/s to the Promoter. 4 4.1 If the Promoters fails to abide by the time schedule for completing the said Project and handing over the Apartment to the Allottee, the Promoters agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoters, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoters under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoters. (Explanation: Rate of interest payable by Promoters to allottees or by allottees to the Promoters shall be State Bank of India highest Marginal Cost of Lending Rate plus 2 percent. In case State Bank of India highest Marginal Cost of Lending Rate is not in use, it would be replaced by such benchmark lending rates which SBI may fix from time to time for lending to general public.) 4.2 Without prejudice to the right of Promoters to charge interest in terms of sub clause hereinabove, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoters under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of installments, the Promoters shall at his own option, may terminate this Agreement and forfeit 10% of sale consideration Provided that, Promoters shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and / or mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoters within the period of notice then at the end of such notice period, Promoters shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoters shall, after deducting an amount equal to 10% of the total consideration payable hereunder as liquidated damages, refund to the Allottee the balance of the sale price which the Allottee may have till then paid to the Promoters without any interest on the amount so refundable within a period of thirty days of the termination, the installments of sale consideration of the said Apartment which may till then have been paid by the Allottee to the Promoters. And upon termination of this Agreement, pending refund of the amount as aforesaid, the Promoters shall be at liberty to dispose off and to sell the said Apartment to such person or persons at such price and on such conditions as the Promoters may desire and think fit in their absolute discretion and the Allottee shall have no objection for the same. 5.0 The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ...................... square meters only and Promoter has planned to utilize Floor Space Index of by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Uniform Development Control and Promotion Regulation [UDCPR] or based on expectation of increased FSI which may be available in future on modification to UDCPR, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of _ as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 5.1 In this agreement, the word ‘Floor Space Index’ (F.S.I.) or Floor Area Ratio (F.A.R) shall have the same meaning as understood by the KDMC under its relevant building regulations or bye- laws. The Promoter shall be entitled to amalgamate any adjacent land to the Layout Land and the FSI thereof shall be deemed to be included in the development potential for exploitation by the Promoter. 5.2 The Promoter hereby declares that the Promoter shall be entitled to utilize the unutilized portion of the presently approved Total FSI and the TDR on any portion of the said land. 5.3 The Allottee/s hereby agrees, accepts and confirms and acknowledge the intention of the Promoter to develop the lands adjacent along with the Layout Land (including by utilization of the full development potential) in the manner more particularly detailed hereinabove and Allottee/s has agreed to purchase the said Apartment based on the unfettered and vested rights of the Promoter in this regard. 6 PARKING SPACE FOR CARS & TWO WHEELERS: 6.1 The Sale Price is only in respect of the said Apartment. The Promoter intends to construct Parking Spaces on the Layout Land, in accordance with the sanctioned plan or modified sanctioned Plan, in the last phase of development of the Layout Land. However, the Promoter shall not provide mechanical / stack for 2 wheeler parking. The parking space/s if allotted shall be for the Allottee/s only and is not transferrable to any other person. 6.2 The Allottee/s shall use the parking space/s if allotted only for purpose of parking vehicle and shall not park his/her/their vehicles at any other location on the Layout Land. 6.3 The Parking Space, when allotted by the Promoter, shall be subject to the following terms and conditions: 6.4 The rules governing the use of allotted parking space shall be framed in concurrence with the Promoter and administered by the society. The car parking number shall be identified and intimated to the Allottee/s at the time of handing over of possession of the said Apartment. 6.5 Un-allotted Parking Spaces, if any, shall continue to remain the property of the Promoter and shall remain in possession of the Promoter. As such even after issuance of occupation/Completion certificate and conveyance, the un-allotted parking spaces shall remain in exclusive possession of the Promoter. Neither the Society nor any other flat/unit Allottee shall raise any objection in respect of un-allotted parking. The Promoter alone shall have exclusive right to allot the parking. It shall be upon the Promoter’ discretion to allot/use these un-allotted spaces and till such time these un-allotted spaces shall continue to remain with the Promoter. 6.6 All parking are dependent, 2-wheeler is tandem and 4-wheeler is stack. 7.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter. 7.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 7.1 above, 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 proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of instalments, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the instalments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter. 8 The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoter in the said building and the Apartment as are set out in Annexure 'E', annexed hereto. 9.1 The Promoter shall give possession of the Apartment to the Allottee on or before................. day of .............. 20. If the Promoter fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of Apartment on the aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of - (a) war, civil commotion or act of God ; (b) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 9.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 15 days from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees, 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 Project. The Allottee shall take possession of the Apartment within 15 days of the written notice from the promotor to the Allottee intimating that the said Apartments are ready for use and occupancy: 9.3 Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 8.1, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 10. If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Provided after receiving of the Apartments from the Promoters, any damage due to wear and tear of whatsoever nature caused thereto, the Promoters shall not be responsible for the cost of re-instating and repairing such damages caused by the Allottees and the Allottees alone shall be liable to rectify and re-instate the same at his own costs. Provided further however, that the Allottees shall not carry out any alterations of the whatsoever nature in the said apartments and specific the structure of the said unit/wing/phase of the said building which shall include but not limit to column, beams etc., or in the fitting, therein, in particular it is hereby agreed that the Allottee shall not make any alteration in any of the fittings, pipes, water supply connections or any creation or alterations in the bathroom, toilet and kitchen which may result in seepage of the water. If any such works are carried out without the written consent of the Promoters the defect liability automatically shall become void. 11.0 The Allottee shall use the Said Apartment or any part thereof or permit the same to be used only for purpose of residence. He/She/They shall use the garage or parking space (if purchased) only for purpose of keeping or parking vehicle. The Allottee agrees not to change the user of the said Apartment without prior consent in writing of the Promoters and any unauthorised change of user by the Allottee shall render this Agreement voidable at the option of the Promoters and the Allottee in that event shall not be entitled to any right arising out of this Agreement. 12.0 The Allottee along with other allottee(s) of Apartments in the building shall join in forming and registering the Society or Association to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association and for becoming a member, including the byelaws of the proposed Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organization of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies, as the case may be, or any other Competent Authority. The Promoter shall submit the application to the Registrar for formation and registration of the Co-operative Housing Society under the Maharashtra Co- operative Societies Act, 1960 or a Company or any other legal entity under the relevant laws within three months from the date on which fifty one per cent of the total number of allottees in such a building or a wing, have booked their apartment. 13.1 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 13.2 The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 13.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 14.1 The Allottee shall on or before delivery of possession of the said Apartment keep deposited with the Promoter, the following amounts :- (i) Rs. ..................... for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. ....................... for formation and registration of the Society or Limited Company/Federation/ Apex body. (iii) Rs. ....................... for proportionate share of taxes including but not limited to: (i) Municipal Cess/charges/taxes, (ii) Water charges/taxes, (iii) Electricity charges. (iv) other charges/levies in respect of the Society or Limited Company/Federation/ Apex body (v) Rs ......................... for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (vi) Rs………………. For Deposit towards Water, Electric, Gas Connection Deposit and other utility and services connection charges & (vii) Rs for deposits of electrical receiving and Sub Station provided in Layout (viii) Other expenses / Outgoings to cover One year’s outgoings in advance (specified hereinafter), (a) Advance towards Municipal taxes, as determined by the Promoter, (b) Expenses relating to management and maintenance of Corporate Body/Society to be paid in advance as determined by the Promoter. (c) Maintenance charges in respect of allotted Car Parks in MLCP Building payable by the Allottees and their transferees along with the outgoings of the said Flat. (d) Legal Charges Rs. 10,000 (Rupees Ten Thousand Only/-) (e) Cheque bounce charges Rs. 1,200 / cheque. (f) Any other dues as herein otherwise contained as may be applicable also payable at the time of delivery/possession of the said Apartment. (ix) The Allottee/s shall on or before delivery of possession of the said Apartment also pay to the Promoter the following amounts (along with applicable GST as applicable): I Rs 260/ Share money application/entrance fee of the Society. II Rs.55000/- Infrastructure Cost III Maintenance and other charges (hereinafter referred to as “the said Maintenance Deposit”) from the date of Occupation / Completion Certificate, 1. For 1 BHK Flats - a. Rs 32,400/- for 24 months (Rs 1,350/month) for maintenance of the Building in which the said Flat is situated; b. Rs 39,000/- for 60 months (Rs 650/month) for maintenance of Infrastructure on the Layout Land; and (x) For 2 BHK Flats – a. Rs 40,800/- 24 months (Rs 1,700/month) for maintenance of the Building in which the said Flat is situated; and b. Rs 51,000/- for 60 months (Rs 850/month) for maintenance of Infrastructure on the Layout Land; and (xi) For Parking – Rs 18,000/- for 60 months (Rs 300/month/car park) for maintenance of MLCP; The amounts so paid by the Allottee/s to the Promoter shall not carry any interest and the Promoter shall be entitled to utilize the same for the aforesaid purposes and the balance, if any, shall be handed over to the Society as and when the same is formed. 14.2 The Allottee/s further agree/s that till the Allottee/s’ share is so determined the Allottee/s shall pay to the Promoter such provisional monthly contributions as may be determined by the Promoter towards The Maintenance Deposit so paid by the Allottee/s to the Promoter shall not carry any interest and remain with the Promoter until handover of the Buildings in favour of the said Society as aforesaid. Subject to the provisions of RERA, on the said Buildings being handed over to the said Society, the balance of the Maintenance Deposit, if any, shall be paid by the Promoter to the Society. Unless the Allottee/s has/have deposited/paid to the Promoter the said Maintenance Deposit, towards the aforesaid outgoings, the Promoter shall not be bound to hand over the possession of the said Apartment to the Allottee/s. It is clearly understood that the said Maintenance Deposit does not include the dues for the electricity bills for the said Apartment. The Allottee/s shall be liable to pay electricity charges of individual meters separately. It is understood that the Promoter shall themselves look after the maintenance of the Project Land named as KOHINOOR EDEN and the Buildings from the date of completion of the Buildings till the handing over of the Buildings to the Society subject to timely payment of maintenance /Outgoings as provided herein and apply the said Maintenance Deposit towards expenses on this account. If it is found by the Promoter that the said Maintenance Deposit are not adequate to meet the outgoings, the Promoter shall have the right to demand the payment of additional deposit from the Allottee/s, and the Allottee/s hereby agree/s to meet such requisition without protest within 7 (seven) days thereof. 14.3 If at any time, any development and/or betterment charges and/or any other levy is demanded or sought to be recovered by the KDMC, Local authority, Government and/or any other public authority in respect of the said Apartment and/or the Buildings, the same shall be the liability of the all the Allottees of the flats in the Residential Buildings and the same shall be borne and paid by all the Allottees including the Allottee/s in proportionate shares 15 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 formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye- laws and the cost of preparing and engrossing the conveyance or assignment of lease. 16 At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 17.1 The Promoter shall be entitled to put hoarding/boards of their brand name in a form of Neon Signs, MS Letters, Vinyl & Sun Boards on the Land and/or the Buildings and on the façade, terrace, compound wall or other part of the Buildings. The Promoter shall also be entitled to place, select, decide hoarding/board sites. 17.2 The Promoter shall have the privilege and right to sell, dispose of such unsold flats to any person/s as per its discretion at any time in future, without any objection of whatsoever nature on the part of the Allottee/s or the said Society. The flats in respect of which concerned agreements to sell are cancelled or terminated as envisaged under this Agreement, shall also be treated as unsold flats for the purpose of this clause. Such new Allottee/s shall be given membership of the said Society and the same shall be given by accepting only Membership Fee without asking for any other consideration/fee. The Allottee/s as well as the said Society shall extend all co-operations to the Promoter and the new Allottee/s in this regard. 17.3 In the event any portion of the Project Land or the Layout Land being required by any utility/service provider for installing any electric sub-station/transformer/Building gas bank machinery, plants, buildings, etc., the Promoter shall be entitled to transfer such portion to the said utility/service provider or any other body for such purpose on such terms and conditions as the Promoter deems fit and/or as per requirement of such utility/service provider or as per applicable law/rules/regulations. 17.4 All the common areas amenities and facilities of the Buildings shall remain under the charge and control of the Promoter till the Promoter formally hands over the charge and control thereof to the Society. 18.1 Upon completion of the project, the Promoter shall form one or more Cooperative Housing Society of flat Allottees and the Allottee/s shall become members of said society. The Allottee/s shall, from time-to-time sign and execute the application for membership and other papers and documents necessary for becoming a member, including adoption of the bye-laws of the Society and shall duly fill in, sign and return them to the Promoter within 7(seven) days of the same being forwarded by the Promoter to the Allottee/s. 18.2 The Promoter shall be entitled join as a member of the Society in respect of unsold Apartment in the Buildings, if any. However, Promoter shall not be liable to pay any maintenance to the Society in respect of unsold flats. Furthermore, even after formation of society, the Promoter shall be at liberty to sell the then unsold flats, without obtaining prior NOC of Society. Furthermore, the parking spaces allotted by the Promoter shall be binding on Society and other members. 18.3 The Promoter agrees and undertakes with the Allottee/s that upon the Allottee/s paying to the Promoter all the amounts due and payable under this Agreement within the time specified and the if Allottee/s has/have not failed to perform or observe any of the covenants stipulated on his/her/its/their part herein contained, the Promoter shall ensure admission of the Allottee/s as Member/s in the Society / Apartment Association/Company. The Allottee/s agree/s and undertake/s to execute all such applications, forms and such other writings and documents as may be necessary under the bye-laws of the Society/ Apartment Association/Company for admission of the Allottee/s as the member/s of the Society/ Apartment Association/Company. 18.4 The Promoter shall not be liable to pay any maintenance or common expenses in respect of any unsold flats in the Residential Buildings. The Promoter shall however, bear and pay proportionate assessment/ Municipal tax in respect of the unsold flats in the Residential buildings. 18.5 Commercial property owners to become members of the cooperative society to share in the costs of maintenance etc., of the common services like the STP, DG sets, street lighting etc. as levied by the society. 18.6 The Promoter shall, within 3 months of the registration of the Society cause, at the cost, charges and expenses of the Society, to be transferred to the Society all right title and interest of the Promoter in the Building in which the said Flat is situate. 18.7 The Promoter shall, within three months of the registration of the Federatiion / apex body of the Societies cause to be transferred to the Federation / Apex Body all the right, title and interest of the Promoter in the Project Land on which the Building/s are constructed. 18.8 Prior to registration of conveyance or lease of the structure of the building, the Allottee shall pay to the Promoter, his/her share of the stamp duty and registration charges payable by the said Society on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building. Prior to the registration of conveyance of the Project Land, the Allottee shall pay to the Promoter the Allottee’s share of stamp duty and registration charges payable by the Apex Body / Federation on such conveyances or any document of instrument of transfer in respect of the Project land to be executed in favour of the Apex Body or Federation. 19. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: i. The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the 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 project land, including the Project and the said Apartment 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 Apartment to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; x. The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 20. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows :- i. To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment 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 Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment 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 Apartment and maintain the Apartment 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 building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the Apartment 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 Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment 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 Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment 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 Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. x. The Allottee shall observe and perform all the rules and regulations which the Society or the Limited Company or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, 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 buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, 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 project land or any part thereof to view and examine the state and condition thereof. 21. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 22. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 23. Any delay tolerated or indulgence shown by the Promoter in enforcing the terms of this Agreement or any forbearance or giving of time to the Allottee/s by the Promoter shall not be construed as a waiver on the part of the Promoter of any breach or non-compliance of any of the terms and conditions of this Agreement by the Allottee/s nor shall the same in any manner prejudice the rights of the Promoter. 24.0. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such Apartment. 25.0 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 along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the 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 (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, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/building, 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 Apartment, in case of a transfer, as the said obligations go along with the Apartment for all intents and purposes. 29. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 30. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the Apartment to the total carpet area of all the Apartments in the 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. 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. Hence this Agreement shall be deemed to have been executed at Kalyan 33. The Allottee and/or Promoter shall present this Agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 34. That 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 Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee (Allottee’s Address) Notified Email ID: M/s Promoter name (Promoter Address) Notified Email ID: _ It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 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 :- The charges towards stamp duty and Registration of this Agreement shall be borne by the promoter. 37. Dispute Resolution :- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 38. 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 Kalyan City, and the Courts of Competent Jurisdiction in Kalyan will have exclusive jurisdiction with respect to all matters pertaining to this Agreement. 39. GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the District courts will have the jurisdiction for this 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. THE FIRST SCHEDULE ABOVE REFERRED TO: (Description of “the Larger Land”) ALL THAT PIECE OR PARCEL OF LAND bearing Survey No.36, Hissa No. 23 /3, admeasuring 10200 sq.mtrs and Survey No. 36, Hissa No. 24, admeasuring 19200 Sq. Mtrs. (Hereinafter referred to as “the Plots”) of Village Adivali Dhokli, Taluka Ambernath, District Thane, and within the limits of Municipal Corporation of Kalyan Dombivali in the registration District of Thane, City Kalyan and bounded as follows: On or towards EAST : Village Road On or towards WEST : Village Road On or towards SOUTH : Gangaram Bane On or towards NORTH : Kailash Sakharam Bane and Shalik Bane THE SECOND SCHEDULE ABOVE REFERRED TO: (Description of the Layout Land) ALL THAT piece or parcel Land admeasuring in aggregate 22,887.30 square metres and forming part of the Larger Land more particularly described in the FIRST SCHEDULE herein above written. THE THIRD SCHEDULE ABOVE REFERRED TO (Description of “the Apartment”) Flat bearing No. admeasuring _______Sq. Mt. (RERA carpet area) on the ( ) Floor of the Building No. … along with the exclusive use and occupation of Balcony/utility/Terrace admeasuring Sq. Mt. being constructed on the Project Land named as KOHINOOR EDEN more particularly described in the SECOND Schedule hereinabove written. PARTICULARS OF THE DESIGNATED BANK ACCOUNT: A/ C NAME KGI REALTY PVT LTD KOHINOOR EDEN ACCOUNT NO. 106605003096 IFSC ICIC0001066 NAME OF THE BANK ICICI BANK BRANCH ULHASNAGAR BRANCH ADDRESS Balani Arcade, Plot No. 680. TYPE OF ACCOUNT CURRENT IN WITNESS WHEREOF the parties hereto have caused this Agreement executed the day and year first hereinabove written. SIGNED AND DELIVERED BY THE PHOTO THUMB WITHIN NAMED PROMOTER: IMPRESSION AND SIGNATURE M/S. KGI REALTY PVT. LTD., by the hand of its Director MR. SIGNED AND DELIVERED BY THE PHOTO THUMB WITHIN NAMED ALLOTTEE/S: IMPRESSION AND SIGNATURE MR.