AGREEMENT FOR SALE THIS AGREEMENT FOR SALE (“this Agreement”) is made and executed at Mumbai, on this day of in the Christian Year Two Thousand and Twenty-two; BETWEEN: M/S. SUPREME REALTORS, a partnership firm registered under the Indian Partnership Act 1932, having its registered address at 7, Lata Kunj, Kalina, Santacruz (East), Mumbai 400 029 & Admn. Office: Gr/1, Shanti Sadan CHS Ltd, Opp. SBI, Kalina Village Road, Kalina, Santacruz (E), Mumbai – 400029, holding P.A.N. No.ACJFS2310Q, by the hands of its authorized partner Mr. Virendra S. Jain, hereinafter referred to as the “THE PROMOTER” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include the partner or partners for the time being constituting the firm, the survivor or survivors of them and the heirs, executors and administrators of the last surviving partner) of the ONE PART AND , aged about years, having PAN , Indian Inhabitant having address at , hereinafter called the "ALLOTTEE/S" (which term in case of individuals shall, so far as the context admits, be deemed to mean and include his/her/their respective heirs, executors and administrators and/or persons deriving title under or through him/her/them and his/her/their permitted assigns, and in case of a partnership firm, partner or partners for the time being and from time to time of such firm and survivor or survivors of them and the heirs, executors and administrators and permitted assigns of the last such survivor, and in case of incorporated bodies, its successors and permitted assigns) of the OTHER PART. RECITALS: 1 a. By a Conveyance Deed dated 29th September, 1965 made between Sardar Gokulsingh Gulabsingh, therein referred to as the Vendor of the First Part, Mr. Chhaganlal Narandas & Others, therein referred to as the Confirming Parties of the Second Part and “Shree Shreyas Co-operative Housing Society Limited”, registered as per provisions of the Maharashtra Co-operative Societies Act, 1960, under Registration No. BOM / HSG / 980 of 1965 dated 28/05/1965, having its address at Kalina, Santacruz (East), Mumbai 400 098 (hereinafter referred to as “THE SAID SOCIETY”), therein referred to as the Purchaser of the Third Part, the said Sardar Gokulsingh Gulabsingh, sold and/or conveyed all that piece or parcel of land, ground, hereditaments and premises together with the building/s and/or structure/s standing thereon situate lying and being at Santacruz (East), Mumbai-400098 bearing Plot No. ‘B’, admeasuring 1041.81 Sq. Mtrs., i.e. 1246 sq. yards and bearing Survey No.333, Hissa No.6(part), C.T.S. No.4565, 4565/1 to 4565/11 and more particularly described in the schedule thereunder written for the terms and upon the consideration therein mentioned. The said Conveyance Deed dated 29th September, 1965 was duly registered with the Sub-Registrar of Assurances, Bandra, Mumbai at Bombay under Serial No.2081 of 1965. b. The said Society had availed Loan facility from Maharashtra Co-operative Housing Finance Society Limited, under an Indenture of Mortgage dated 08- 07-1967 (Regn. No.2852 of 1967). The said Society has repaid the entire Loan Amount along with the interest thereon to the said Maharashtra Co-operative Housing Finance Society Limited and got the property released and reconvened through a Re-conveyance Indenture dated 17-05-1988. (Regn. No.BBJ-1070/1988). c. By virtue of the aforesaid Deed of Conveyance the said Society is in the use, occupation and possession of all that piece or parcel of land, ground, hereditaments and premises together with the building/s and/or structure/s standing thereon, as the Owner thereof, situate lying and being at Santacruz (East), Mumbai – 400 098 bearing Plot No. ‘B’ and bearing Survey No.333, Hissa No.6(part), C.T.S. No.4565, 4565/1 to 4565/11 of Village Kolekalyan, Taluka Bandra, admeasuring 905.20 sq. meter as per revised Property Cards, as per letter dated 27.09.2016 of the City Survey Officer, Bandra, and together with the premises in the building standing thereon consisting of ground plus 3 upper floors having total 16 residential flats (hereinafter referred to as the “SAID OLDER BUILDING”), which premises were in the use and occupation of the members of the Society (hereinafter referred to as the “SAID PROPERTY”) and is more particularly described in the FIRST SCHEDULE hereunder written and shown delineated in Red Colour in the plan annexed hereto as ANNEXURE “_”. 2 d. The Existing Building of the said Society was around 50 years old and deteriorated over the years. There were leakages in several of the Society members Existing Flats. Repairs carried out have only provided temporary relief and are becoming increasingly frequent, extensive and expensive, thereby placing a burden on the Society members. Therefore, the said Society and its members considered it desirable to demolish the existing building and reconstruct at place thereat a multi-storied building wherein the existing members can be re-accommodated with better structure, facilities, benefits and amenities; e. The said Property was capable of being redeveloped by demolishing the said Older Building and by construction of a new building thereon as per the sanctioned plans that have now been approved by the concerned authorities by utilizing and consuming entire unutilized plot F.S.I. i.e. the FSI originating from the said Property, further F.S.I. that got generated upon demolition of the said Older Building, F.S.I. that may be capable for being loaded on the said Property as and by way of Transferable Development Rights (TDR FSI) and further F.S.I. that may be available in the form of Fungible F.S.I. upon payment of premium or otherwise to the maximum extent possible in the manner most suitable and appropriate for residential or commercial nature of development of the said Property as per the building rules and regulations; f. The Society floated tenders dated 8th November, 2015 and invited offers from various interested developers to develop the said Property on the terms detailed in the said Tender Document. At the Annual General Body Meeting of the Society held on 01/11/2015, 6 offers were deliberated upon in detail and 2 prospective developers were short-listed. A questionnaire was prepared and circulated amongst the 2 short-listed prospective developers and their responses were sought to assist the Society and its Society members in the evaluation and selection procedure of the short-listed prospective developers. g. At the Special General Body Meeting of the Society held on 28th February, 2016 the Society members discussed various aspects of the offers of the 2 short-listed developers and after detailed deliberations, the matter was put to vote following which the Promoters herein were chosen as developers of the project based upon the terms of the offer letter dated 15th February, 2016 of the Promoters. h. By a Development Agreement dated 30th May 2018, duly registered under Serial No. BDR-18/5804/2018 (hereinafter referred to as “the said Development Agreement”) and Power of Attorney dated 30th May 2018, duly registered under Serial No. BDR-18/5805/2018, the said Society and has granted in favour 3 of the Promoters herein and therein referred to as the Developers, the development rights in respect of said Property being all that piece or parcel of freehold land or ground bearing Plot No. ‘B’, Survey No.333, Hissa No.6(part), C.T.S. No.4565, 4565/1 to 4565/11 of Village Kolekalyan, Taluka Andheri, admeasuring 905.20 sq. meters as per revised property cards, as per letter dated 27.09.2016 of the City Survey Officer, Bandra with the building named “SHREE SHREYAS CO-OPERATIVE HOUSING SOCIETY LIMITED” standing thereon, situated at Kalina, Santacruz (East), Mumbai - 400098, in the Registration District and Sub-District of Mumbai City and Mumbai Suburban, as more particularly stated in said Development Agreement. i. The said Development Agreement has been appropriately stamped and registered and is a valid, subsisting, binding and existing document entered into between the parties thereto; j. Therefore, the Promoters herein are fully entitled to develop the said Property by utilizing, consuming and exploiting the full development potential of the said Property is entitled to construct buildings on the said Land in accordance with the Recitals hereinabove; r. The Promoter is developing/redeveloping by constructing stilt + 8 upper floors (“the said Tower”) of the building to be known as ‘____________________’ on the said Property and proposed as a “real estate project” by the Promoter and has been registered as a ‘real estate project’ (“the Real Estate Project”) with the Real Estate Regulatory Authority (“Authority”), under the provisions of Section 5 of the Real Estate (Regulation and Development) Act, 2016 (“RERA”) read with the provisions of the Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017 (“RERA Rules”). The Authority has duly issued a Certificate of Registration bearing No. ________________ dated ____th ______ 20__ (“the RERA Certificate”) for the Real Estate Project and a copy of the RERA Certificate is annexed and marked as Annexure “_” hereto. s. The above details along with the annexures to the RERA Certificate, are available for inspection on the website of the Authority at https://maharera.mahaonline.gov.in. A. The Allottee/s has/have approached the Promoter/ Developer for acquiring a residential flat in the Proposed Building, as per the details more particularly described in the Second Schedule hereunder written 4 (hereinafter referred to as “the said Unit”). The said Unit is shown as marked in red colour shades on the floor plan annexed hereto as Annexure ‘__’. As per the terms of the Redevelopment Documents and as per the building approvals, the said Unit forms a part of the surplus area that the Promoter/ Developer is entitled to sell in the open market (not being the area earmarked for rehabilitation of the exiting members of the Society). B. The Allottee/s has/have taken inspection of all the documents of title of the Society relating to the said Land and the Allottee/s has/have satisfied himself/herself/themselves about the entitlement of the Promoter/ Developer to undertake redevelopment of the said Land by construction of the Proposed Building thereon; and to enter into these presents. C. The Allottee/s has/have demanded and has also taken inspection of the Project Registration Certificate issued by Maharashtra Real Estate Regulatory Authority under the provisions of RERA, the approved plans as well as the proposed plans, the existing building approvals issued by the MCGM (including the terms and conditions set out therein), undertakings given by the Promoter/ Developer/Society to the MCGM, and other relevant documents and papers including inter alia the municipal assessment bills, city survey records, property register cards and all other documents required to be furnished to the Allottee/s by the Promoter/ Developer under the provisions of RERA (Registration of the Real Estate Projects, Registration of Real Estate Project, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 (hereinafter referred to as “RERA Rules”) as well as under the provisions (to the extent applicable) of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as “MOFA”) and the Maharashtra Ownership Flats (Regulation of promotion of Construction, Sale, Management and Transfer) Rules, 1964 (hereinafter referred to as “MOFA Rules”); and the Allottee/s confirm/s that he/she/they has/have entered into this Agreement after being aware of all the said facts and orders and after inspecting the aforesaid and other relevant documents and papers and having understood the contents and implications thereof and being satisfied in all respects with regard thereto. D. The Allottee/s has/have also read and understood the terms and conditions and the obligations as prescribed in the various approvals and sanctions obtained by the Promoter/ Developer and acknowledges that some of such conditions and/or obligations shall/may require compliance in continuity even after the 5 development and construction of the Proposed Building is completed and after the management of the Proposed Building is handed over to the Society; and the Allottee/s has/have agreed to abide by and comply with such continuing conditions and obligations. E. In the circumstances, pursuant to negotiations between the Parties, the Allottee/s has/have agreed to purchase and acquire from the Promoter/ Developer and the Promoter/ Developer has agreed to sell to the Allottee/s, the said Unit on the terms and conditions herein contained. F. The Parties are desirous of reducing to writing the terms and conditions agreed upon between themselves as hereinafter appearing. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. INTERPRETATION: 1.1 The Recitals, the Schedules and the Annexures to this Agreement shall be deemed to form an integral and operative part of this Agreement; 1.2 Clause headings are for convenience only and shall not affect interpretation except to the extent that the context otherwise requires; 1.3 Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have corresponding meanings; 1.4 Any reference to Clause, Schedule or Annexure shall be deemed to be a reference to a Clause, Schedule or Annexure respectively of this Agreement; 1.5 Any reference to any enactment, statute, regulation is shall be deemed to mean reference to it, as it may have been, or may from time to time be, amended, modified, consolidated or re- enacted; 1.6 Any reference to a statutory provision in a particular statute or legislation shall, in case of repeal or re-enactment or amendment of such statute, be deemed to be a reference to the corresponding provision of the new/amended/re-enacted statute or legislation, which most nearly resembles the provision of the originally applicable statute or legislation; and 1.7 Words importing the singular shall include plural and vice versa. 2. PROMOTER/ DEVELOPER TO CONSTRUCT THE PROPOSED BUILDING: The Promoter/ Developer shall construct the Proposed Building 6 on the said Land, as recited above, 8 (Eight) floors and further comprising of such additional floors as may be sanctioned hereafter by the concerned authorities (by virtue of increase in the FSI or otherwise as stated in the Recitals hereof) on the said Land as recited above, in accordance with the plans, designs, specifications that area already approved by the MCGM and any other concerned local authority and which may further be approved by the concerned local authorities (in respect of the additional floors or additional structures as provided herein); and which sanctioned plans as well as proposed plans have been seen and approved by the Allottee/s with only such variations as the Promoter/ Developer may consider necessary or as may be required by the concerned local authority/the Government to be made in them or any them PROVIDED THAT the Promoter/ Developer shall have to obtain prior consent in writing to the Allottee/s in respect of such variations or modifications which may adversely affect the said Unit hereby agreed to be sold to the Allottee/s. 3. TRANSACTION: 3.1 In consideration of the aggregate sum of Rs. /- (Rupees only), as mentioned in Annexure ‘_’ hereto (hereinafter referred to as “the Purchase Price”) agreed to be paid by the Allottee/s to the Promoter/ Developer in the manner contained in Annexure ‘_’ hereto, the Promoter/ Developer hereby agrees to sell to the Allottee/s and the Allottee/s hereby agree/s to purchase from the Promoter/ Developer, the said Unit as more particularly described in the Second Schedule hereunder in the Proposed Building being constructed on the said Land together with all rights of and incidental thereto and together with the right to use and enjoy the limited common areas and facilities and the common areas and facilities in common as specified in Part A and Part B respectively of the Third Schedule hereunder written (all of which aforesaid rights and entitlements of the Promoter/ Developer agreed to be sold hereunder are hereinafter collectively referred to as “the said Premises”). 3.2 It is agreed between the Parties hereto that a notice/intimation forwarded by the Promoter/ Developer to the Allottee/s stating that a particular stage of construction is being commenced or achieved shall be sufficient proof that a particular stage of 7 construction is being commenced or achieved (as the case may be) for the purpose of making payment of the installment of the Purchase Price, as per Annexure ‘_’ hereto. The Promoter/ Developer is not bound and shall not be called upon or required to give any further notice or intimation requiring any such payment; and non-furnishing of any further particulars or non- issuance of any further notice or intimation, shall not be pleaded by the Allottee/s as an excuse for non-payment of any amount/s due on the respective due dates or events. 3.3 The said amount of the Purchase Price referred to hereinabove excludes all taxes (comprising inter alia of tax paid or payable by the Promoter/ Developer by way of Value Added Tax or Service Tax or Goods and Services Taxes and Cess and any other similar taxes, which may be levied, in connection with the construction and development of and carrying out the Project payable by the Promoter/ Developer) up to the date of handing over possession of the said Unit, as elaborated herein below. 3.4 The said amount of Purchase Price is non-escalatory, save and except in the event of any increase in the development charges or any other charges payable by the Promoter/ Developer to MCGM or any other governing authorities. In the event of such escalations in the Purchase Price as a result of the aforesaid events, then the Promoter/ Developer shall enclose a copy of the relevant notifications, circulars etc. together with the demand letter issued by the Promoter/ Developer to the Allottee/s for the escalated Purchase Price. 3.5 It is clarified that the amount/quantum of the Purchase Price as mentioned in Annexure ‘_’ is arrived at and agreed upon between the Parties after considering the installments (and milestones) for payment of the Purchase Price as set out in Annexure ‘_’ hereto; and accordingly, the installments (and milestones) for payment of the Purchase Price, as set in Annexure ‘_’ hereto have been mutually agreed upon at after considering and negotiating the quantum of the Purchase Price, as arrived at and recorded herein. The Allottee/s shall not by virtue of making timely payment of the installments of the Purchase Price (as per Annexure ‘_’ hereto) seek to claim or be entitled to claim any rebate or discount on the Purchase Price pursuant. 4. DEFAULT OR FAILURE IN PAYMENT OF PURCHASE PRICE: Notwithstanding anything contained in this Agreement, it is specifically agreed between the Parties that: 8 4.1 Time for making the payments of the installments of the Purchase Price as mentioned in Annexure ‘_’ is strictly of the essence of this Agreement and any delay by the Allottee/s in making the said payment/s shall forthwith render this Agreement terminable at the sole and exclusive option of the Promoter/ Developer without any further act and/or reference and/or recourse to the Allottee/s; and thus (a) in the event of the Promoter/ Developer so terminating this Agreement or (b) in the event of the Allottee/s requesting the Promoter/ Developer to terminate this Agreement for any reasons whatsoever and howsoever arising, the Promoter/ Developer shall be entitled to forfeit 20% (Twenty Percent) of the amount of the Purchase Price the Promoter/ Developer from the Allottee/s hereunder; and thereupon the Promoter/ Developer shall also be free and entitled in its own right to deal with the said Unit and the Promoter/ Developer’s rights therein, in any manner as the Promoter/ Developer in its sole discretion deem fit and proper, without any reference, recourse and/or payment whatsoever to the Allottee/s and without the requirement of any orders of declaration of termination from any Courts and without the requirement of execution or registration any document or deed of cancellation. 4.2 A termination letter issued by the Promoter/ Developer to the Allottee/s regarding such termination shall effectively terminate this Agreement and thereupon the Allottee/s shall have no right, title, interest, share, claim or demand in to or upon the said Premises and/or any part thereof and/or otherwise against the Promoter/ Developer in any manner whatsoever and howsoever arising. The refund pursuant to the termination as provided in this Clause 4 shall be made (without any interest thereon) within 3 (three) months of the sale by the Promoter/ Developer of the said Unit to a third party or completion of the construction of the entire Proposed Building, whichever is earlier. The amount of refund in such an event shall further be after deduction of any taxes paid and other amounts expended by the Promoter/ Developer pursuant to this Agreement (including inter alia any brokerage charges paid by the Promoter/ Developer in pursuance of the transaction recorded in this Agreement) and other amounts payable by the Allottee/s hereunder as may be payable up to the date of termination as well as the costs incurred by the Promoter/ Developer in finding a new willing acquirer/transferee who may acquire the said Unit 9 (including brokerage charges as may be incurred by the Promoter/ Developer in that behalf). 4.3 The Allottee/s hereby agree/s and undertake/s that he/she/they are not entitled to and shall not have any right, title, interest, share, claim, demand of any nature whatsoever and howsoever arising against the Promoter/ Developer/its transferee/s/allotted/s/nominee/s and/or otherwise in to upon the said Premises in such an event of termination PROVIDED HOWEVER THAT the Promoter/ Developer shall not exercise the aforesaid right of termination as provided under this Clause 4 unless and until a notice of 15 (Fifteen) days demanding payment of the due installment of the Purchase Price is given to the Allottee/s and even thereafter, the Allottee/s fail to make payment of the relevant installment PROVIDED FURTHER that strictly without prejudice to the aforesaid, the Promoter/ Developer in its sole and absolute discretion may (without being obliged to do so), instead of treating this Agreement void as aforesaid, permit the Allottee/s to pay the said installments of the Purchase Price after their respective due dates but after charging interest at the Agreed Interest Rate on such outstanding amounts (from the date such amount/s has/have become due to be paid by the Allottee/s till the date of actual payment thereof). 4.4 In the event of any delayed payment being received by the Promoter/ Developer from the Allottee/s, the Promoter/ Developer shall notwithstanding any instructions to the contrary by the Allottee/s accompanying such payment, be entitled to appropriate the amount received first towards the interest receivable from the Allottee/s in respect of the delayed payment and thereafter towards the principal amount of the delayed payment. 5. DISCLOSURE AS REGARDS TITLE: 5.1 The Promoter/ Developer has disclosed to the Allottee/s that the said Society is the owner of the said Land; and the Promoter/ Developer is appointed as a Promoter/ Developer by the said Society in respect of the redevelopment of the said Land under and in accordance with the terms and conditions of the Redevelopment Documents as recited above. 5.2 The Allottee/s has/have conducted a detailed legal due diligence with regard to the title of the Society to the said Land, 10 the Promoter/ Developer’s entitlement to undertake the redevelopment of the said Land, and has completely understood the nature of the title of the Society to the said Land and the Promoter/ Developer’s entitlement to undertake the redevelopment of the said Land by construction of the Proposed Building thereon and the entitlement to enter into this Agreement; and the Allottee/s is/are completely satisfied with the same and shall hereafter not raise any further objections/requisitions with regard thereto. 6. PROMOTER/ DEVELOPER TO COMPLY WITH APPROVALS: 6.1 The Promoter/ Developer hereby agrees to observe, perform and comply with all the terms, conditions and restrictions, if any, which may have been imposed by the concerned local authority at the time of sanctioning the plans or thereafter and that the Promoter/ Developer shall before handing over possession of the said Unit to the Allottee/s, obtain from the MCGM, occupancy certificate in respect of the said Unit. 6.2 The Promoter/ Developer hereby declares that the FSI available at present in respect of the Project on the said Land is _______ square meters; and that no part of the said FSI has been utilized by the Promoter/ Developer elsewhere for any purpose whatsoever. In case the said FSI has been utilized by the Promoter/ Developer elsewhere, then the Promoter/ Developer shall furnish to the Allottee/s all the detailed particulars in respect of such utilization of the said FSI by it. The said FSI as available at present, may increase hereafter, for various reasons, including inter alia as set out in the Recitals of this Agreement and the Promoter/ Developer shall be permitted to utilized the same as per their norms and the Allottee/s are giving his/her irrevocable consent to the Promoter/Developer for such utilization of increase FSI, herewith. 6.3 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 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 11 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. 7. DESIGN SUBJECT TO AMENDMENTS AND CHANGES: 7.1 The design of the said Unit is subject to amendments and changes as may be stipulated by the MCGM, government, local authority and as per the requirements of the Promoter/ Developer from time to time. 7.2 The Allottee/s hereby further agree/s and covenant/s with the Promoter/ Developer to render full co-operation to the Promoter/ Developer and to sign and execute all papers and documents, in favour of the Promoter/ Developer or otherwise as may be necessary for the purpose of enabling the Promoter/ Developer to construct the Proposed Building, in accordance with the said approvals or such other plans, with such additions and alterations as the Promoter/ Developer may in its sole and absolute discretion deem fit and proper and/or for the purpose of applying for and/or obtaining the approval or sanction of the MCGM or any other appropriate authorities in that behalf as well as for the approval or sanction relating thereto. The Allottee/s herebyfurther agree/s and give/s his/her/their specific irrevocable consent to the Promoter/ Developer to carry out such amendments, alterations, modifications or variations in constructing the said Unit and the Proposed Building on the said Land and/or to the layout plan and/or to the building plans (whether or not envisaged and/or proposed to be constructed at present), provided that the aggregate area/size of the said 12 Unit agreed to be acquired by the Allottee/s is not in any manner reduced, beyond the Agreed Variation Limits, as set out in Clause 7.3 hereof. 7.3 Before the Allottee/s is/are put in possession of the said Unit, the Promoter/ Developer shall confirm the final carpet area of the said Unit by furnishing the details of the changes, if any, in the carpet area thereof. The Parties agree and acknowledge that a change/variation (either due to planning constraints or due to any construction related exigencies) in such carpet area of the said Unit up to 3% (three percent) (plus or minus) is acceptable to each of the Parties hereto (hereinafter referred to as “the Agreed Variation Limits”). 7.4 In the circumstances, if the carpet area of the said Unit is less than what is setout in this Agreement, (subject to such reduction being within the Agreed Variation Limits) then the Promoter/ Developer shall be liable to refund to the Allottee/s an amount out of the Purchase Price, which is proportionate to the reduced carpet area of the said Unit. Similarly, if the carpet area of the said Unit is more than what is set out in this Agreement, (subject to such increase being within the Agreed Variation Limits), then the Allottee/s shall be liable to pay to the Promoter/ Developer an additional amount towards the Purchase Price, which is proportionate to the increased carpet area of the said Unit; and such increased amount shall be paid by the Allottee/s to the Promoter/ Developer along with the next due installment of the Purchase Price or at the time of the Promoter/ Developer offering to put the Allottee/s in possession of the said Unit, whichever is earlier. It is clarified that in the event if any amounts are payable by the Promoter/ Developer to the Allottee/s (due to reduction in the carpet area as aforesaid pursuant to the provisions of this Clause 7.4) then the Promoter/ Developer shall either (a) refund the amount that is payable to the Allottee/s prior to handover of possession of the said Unit to the Allottee/s (without any interest thereon); or (b) appropriate the same, at the Promoter/ Developer’s own discretion under any head/s of the outstanding due/s payable by the Allottee/s to the Promoter/ Developer, without requiring any prior consent from the Allottee/s. 8. DESCRIPTION OF AMENITIES: It is expressly agreed that by and between the parties the Purchasers has purchase the said premises as a raw flat 13 without any internal amenities and the developer shall not be therefore be liable to give any fixtures, fittings and amenities in the said premises. Further shall not be responsible for the quality of fixtures, fittings and amenities into the said Premises. OR It is expressly agreed that the said premises contained specifications, fixtures, fitting, and amenities as set out in Annexure “_” hereto (hereinafter referred to as the “said amenities”) and Purchaser/s confirm/s that the Developers is not liable to provide any other additional specifications fixtures, fitting, and amenities in the said premises. 8.1 It is specifically agreed between the Parties hereto that the Promoter/ Developer shall have the right to change/alter/substitute the said Amenities and Facilities in the event that there is any uncertainty about the availability thereof, either in terms of quantity and/or quality and/or for any other reason beyond the control of the Promoter/ Developer. If any change as aforesaid becomes necessary, the Promoter/ Developer shall be entitled to choose the substitutes and/or alternatives thereof in its absolute discretion to enable the Promoter/ Developer to offer possession of the said Unit on the specified date. The Promoter/ Developer shall however try to ensure that such substitutes and/or alternatives are similar to the amenities as hereunder agreed, in quality and quantity, as far as may be reasonably possible and subject to availability. The Allottee/s agree/s not to claim any rebate and/or discount and/or concession in the Purchase Price on account of such change/substitution. 8.2 It is clarified that the Internal Amenities are not manufactured or produced by the Promoter/ Developer and that the same are sourced from third party vendors/suppliers. Some of the Internal Amenities may be acquired under warranties and others may not have any warranties and the Promoter/ Developer shall not be responsible to repair and/or replace the same. Accordingly, once possession of the said Unit with the Internal Amenities is handed over by the Promoter/ Developer to the Allottee/s, thereafter in case of to any operational issues or malfunctioning of the Internal Amenities, the Allottee/s shall not hold the Promoter/ Developer responsible and/or liable for repairs or replacement thereof; and the Allottee/s shall make appropriate claims only against the supplier/manufacturer thereof, as per 14 the terms of the respective warranties of the respective Internal Amenities (if applicable). 9. SATISFACTION ON TITLE: 9.1 The Allottee/s has/have independently inspected and verified the title deeds and all papers and documents hereinabove recited and has/have fully satisfied himself/herself/themselves about the ownership of the said Land by the said Society, the entitlement of the Promoter/ Developer to undertake redevelopment of the said Land and the entitlement of the Promoter/ Developer to enter into this Agreement. 9.2 The Allottee/s shall not be entitled to further investigate the title of the Society to the said Land and/or the entitlement of the Promoter/ Developer to construct the Proposed Building thereon and to enter into this Agreement and/or be entitled to make any requisition or raise any objection with regard to any other matters relating thereto. 9.3 The Allottee/s has/have also taken inspection of the approved plans, IOD, amended approved plans and CC issued by the MCGM and the undertakings given by the Promoter/ Developer/Society to the MCGM; and other concerned authorities, and other relevant documents and papers including the municipal assessment bills, city survey records and other documents mentioned in the RERA, the RERA Rules, the MOFA and the MOFA Rules framed there under and the Allottee/s confirm/s that he/she/they has/have entered into this Agreement after inspecting and understanding the aforesaid documents and papers. 10. MEMBERSHIP OF THE SOCIETY: 10.1 Pursuant to receipt of the Occupation/Occupancy Certificate in relation to the Proposed Building and after all the premises in the Proposed Building are agreed to be sold by the Promoter/ Developer under duly registered documents on the broad lines of this Agreement and subject to receipt of the entire Purchase Price hereunder agreed to be paid by the Allottee/s to the Promoter/ Developer as provided in Annexure ‘_’ hereto; and further subject to payment by the Allottee/s of all other amounts hereunder agreed to be paid by the Allottee/s to the Promoter/ Developer, the Promoter/ Developer shall make the requisite application to the said Society for inducting the Allottee/s as member/s in the said Society in accordance with the provisions of the Redevelopment Documents. 15 10.2 Upon completion of the entire Project, viz. completion of construction of the Proposed Building and after consuming and utilizing the full available construction potential of the entire said Land (including the additional potential that is likely to accrue to the said Land at any time hereafter), the Promoter/ Developer shall require the Allottee/s to become the member of the said Society by paying the admission fee of Rs.100/- (Rupees One Hundred Only) and an amount of Rs. 500/- (Rupees Five Hundred Only) or such other amount as may be demanded by the Society towards the share money for 5 (five) fully paid up Shares of the said Society and also by paying the amounts towards proportionate sinking fund/corpus fund to the said Society. 10.3 After completion of the Project, the said Society shall be solely responsible for the Maintenance, Management, Supervision and over all control of all the common areas and facilities of the project, or any part or portion thereof and, correspondingly,shall be entitled to receive and collect the pro-rata share of each holder of the said premises and to utilize all such contributions towards the purposes mentioned above. The pro- rata contribution of each holder of the premises towards thecost of maintenance, management and supervision of the project or any part or portion thereof shall be determined by thesaid Society. The Allottee/s shall pay a sum at @ Rs. ___/- per sq.ft. i.e. Rs. /- (Rupees _____________ Only/-) - towards common maintenance Fund/ Sinking fund / corpus/ in respect to the said premises to thesociety at the time of possession. 10.4 The Purchaser hereby agree/s to pay to the Promoter/ Developer an amount of Rs. /- (Rupees Only) i.e. Rs. ___/- per sq. ft. per month, towards provisional maintenance charges for 12 (Twelve) months in advance, to the Promoter/ Developer, commencing a week after notice in writing is given to the Purchaser/s that the said Premises, is ready for being occupied,the Allottee/s shall be liable to bear and pay the proportionate share of the maintenance charges and other monthly outgoings in respect of the said Premises. After the completion of the initial 12 (Twelve) months as aforesaid or the Provisional maintenance charges, the Allottee/s shall be liable to bear and pay the maintenance charges in respect of the said Premises tothe society. 16 It is further agreed that the Allottee /s will be liableto pay interest @ 21% p.a. or as otherwise demanded by thePromoter/Developers for any delay in payment of such outgoings. 11. INCIDENTAL RIGHTS OF THE PROMOTER/ DEVELOPER: 11.1 The Promoter/ Developer has further informed the Allottee/s that subject only to the terms and conditions of the Redevelopment Documents, the Promoter/ Developer retains the right to sell, transfer, assign in favour of any person/s and/or deal with (a) future rights in respect of the said Land; (b) the balance development potential/rights in respect of the said Land (i.e. after having utilized the FSI available for the construction of the Proposed Building and as per the plans already submitted and/or to be submitted by the Promoter/ Developer from time to time and as per the proposed total scheme of development); and (c) various rights that may accrue to and over the said Land in the future including additional development potential as recited above (the rights referred to in above are hereinafter collectively referred to as “the Incidental Rights”). 11.2 The Incidental Rights include without limitation, the right of use of the said Land as a receiving plot and/or to consume or fully exploit by utilizing TDR and/or DRC which the Promoter/ Developer and/or its nominee/s may be entitled to, from time to time, at the Promoter/ Developer’s sole and absolute discretion. The Promoter/ Developer is also entitled from time to time to deal with and/or dispose of all or any of the Incidental Rights, by way of sale, assignment, lease, transfer, mortgage and/or in any other manner whatsoever as it may in its absolute discretion think fit and proper from time to time and at its entire discretion and convenience transfer such rights to any person/s. 11.3 The Allottee/s expressly consent/s and agree/s that the Allottee/s shall not claim any rebate or reduction in the purchase price in respect of the said Unit and/or any other benefit/right from the Promoter/ Developer and/or such persons, now and/or in future as a result of any development that may be undertaken either by the Promoter/ Developer and/or its nominee/s and/or person/s. 11.4 The Allottee/s further agree/s and acknowledge/s that the Promoter/ Developer shall be solely and exclusively be entitled to use and exploit all common areas and the compound of the Proposed Building, the façade of the Proposed Building and the terrace on the top of the Proposed Building for advertising 17 purposes and any other appropriate location as Promoter/ Developer may deem fit and shall be entitled to create such third party rights in respect of such advertising rights and shall be entitled to the entire Purchase Price in that behalf and the Allottee/s shall not object thereto either in his/her/their personal capacity/ies or in his/her/their capacity/ies as the member/s of the said Society. 11.5 The Promoter/ Developer has further informed the Allottee/s that they shall construct open terrace above the top floor in the proposed New Building. The possession of the said open terrace shall belong and remain exclusively with the Society. However, thePromoter/ Developer is entitled to construct pocket terrace attached /adjacent to a particular flat at any floor which may free of FSI or Calculated FSI and allot such pocket terrace to the respective flat holder for his/her/their exclusive use, occupationand possession, without other society’s/member’s/purchaser’s hindrances or objection of the new building. Moreover, the flat purchaser shall not allow for any illegal use of the said pocket terrace. However, the Flat Allottee/s shall obtain necessary permission/ approval of concern authority/structure for any activity to be carried out upon such pocket terrace, which must be permissible under the law. The pocket/adjacent terrace shall be maintained by that prospective member/ Allottee/s and they shall pay maintenance / outgoings in respect of pocket/adjacent terrace. 11.6 The Promoter/ Developer shall have exclusive right to allot or allow to use the open space/ varanda/otla which is in front/side of respective Restaurant/Shop/commercial Premises for concerned owner to use and enjoyment forever. The same shallbe maintained by that prospective member/ purchaser and they shall pay maintenance / outgoings in respect of the otla/open space. However, the member/ purchaser shall not store any hazardous goods therein. The other society/member/ purchaser shall have no objection with respect to usage of the open space in front/side of that specific member’s/ Allottee/s’ respective Restaurant/Shop/Commercial Premises. 11.7 The Allottee of the Restaurant/Shop/Commercial Premises shall be entitled to display advertisements or hoardings or signboards or neon signs or Restaurant Duct/Insulation on any portion of their respective Restaurant/Shop/Commercial Premises or terrace top of thebuilding and the other Allottee/members of the society shall not raiseany objection for the same. 18 12. NO OBJECTION TO DEVELOPMENT/CONSTRUCTION: 12.1 As aforesaid, the Promoter/ Developer shall be constructing the Proposed Building and additional structures/wings/floors therein as stated above on the said Land and the Allottee/s is/are not entitled to and shall not object to such construction for any reasons whatsoever and howsoever arising, at any time hereafter; 12.2 It is further agreed that save and except the aforesaid terrace over the top most floor in the Proposed Building (which may be of an area lesser than the area of the plinth), the Promoter/ Developer is entitled to allot the terrace/s or pocket terrace/s or extended balcony/ies (FSI or non FSI), which may be abutting the respective premises for the exclusive use of the Allottee/s/holder/s of such premises (whether or not the same are approved as common areas). Further the Promoter/ Developer may at its sole and absolute discretion, grant license for exclusive use or maintenance in respectof the terraces to the purchaser/occupant of the premises that is abutting (or next to) the terrace. The terrace/s, if so permitted to be used by the Promoter/ Developer, shall not be enclosed by the respective purchaser/occupant/holder without the permission in writing obtained from MCGM and other concerned authorities and the Promoter/ Developer. The Allottee/s hereby give his/her/their no–objection to such rights being retained by the Promoter/ Developer in respect of such terraces (and the right to allot the same as aforesaid) and the Allottee/s shall not object thereto and/or claim any such terraces and/or any part thereof as common areas and/or have/make any other claim in respect of such terraces against the Promoter/ Developer and/or its nominee/s/ allottee/s/transferee/s/ licensee/s. 12.3 As recited above, it is reasonably expected by the Promoter/ Developer that the FSI for consumption on the said Land shall be increased, from the FSI that is presently approved under per the existing building approvals and from what is presently approvable in accordance with the existing provisions of the DCPR; and thereby the Promoter/ Developer will on availability of such additional FSI, be able to construct further floors as a part of the Proposed Building in addition to the presently approved floors as recited above. The Allottee/s confirm/s that the Allottee/s have no objection and shall not raise any objection 19 to the Promoter/ Developer putting up additional construction on the said Land by increasing the number of floors in the Proposed Building as such or in any other manner whatsoever. 12.4 The Promoter/ Developer shall have full power and absolute authority, if so permitted by the concerned authorities, to make additions to and/or constructadditional building/s or structure/s or wing/s on the said Land and/or additional floor/s in the Proposed Building including inter alia as recited above and such additional building/s/structure/s/wing/s/floor/s shall be the sole, exclusive and absolute property of the Promoter/ Developer. The Promoter/ Developer shall be entitled to dispose of such additional building/s/structure/s/wing/s/floor/s in such manner as the Promoter/ Developer may deem fit and proper in its sole and absolute discretion. The Promoter/ Developer shall be entitled to amend/alter/modify the layout plan of the said Land as also construct additional building/s/structure/s/wing/s/floor/s on the said Land or any portion or portions thereof and the Promoter/ Developer shall be entitled to dispose of the premises in such additional building/s/structure/s/wing/s/floor/s as the Promoter/ Developer may deem fit proper in its sole and absolute discretion. The Allottee/s is/are not entitled to object thereto and shall not object thereto and this Clause 12.4 shall always operate as the Allottee’s/Allottees’ irrevocable, absolute and unconditional no objection in that behalf. This Clause 12.4 shall operate as and shall be deemed to be the consent of the Allottee/s in accordance with section the provisions RERA, the RERA Rules, MOFA and the MOFA Rules; and in particular Section 14 of RERA and Sections 7 and 7A of MOFA. 13. ENTITLEMENT OF THE ALLOTTEE/S TO RAISE LOAN: The Allottee/s is/are, at his/her/their sole risk, liability and responsibility, free to raise a loan from any financial institution or bank, for acquiring the said Unit by offering the rights of the Allottee/s hereby created, as a security. However, such loan should be strictly personal to the Allottee/s and the right of the Promoter/ Developer to receive the balance Purchase Price and other sums as hereunder provided from the Allottee/s, shall override the rights of the financial institution/bank/organization/employer in respect of the loan so availed of by the Allottee/s. No sum of such loan will be disbursed to the Allottee/s till the entire amount of Purchase Price (as per Annexure ‘_’ hereto) is received by the Promoter/ 20 Developer and till the Promoter/ Developer has received all other amounts hereunder receivable by the Promoter/ Developer from the Allottee/s. The repayment of the loans, interest and other charges on such loan shall be the sole responsibility of the Allottee/s. Once the Allottee/s has/have paid the full Purchase Price as payable under this Agreement and other amounts hereunder agreed to be paid by the Allottee/s and has/have taken possession of the said Unit, thereafter due to non-payment of the loan by the Allottee/s, the recourse available to the financial institution would be only against the said Unit and against the Allottee/s personally and not against the said Land, the Proposed Building or any one of them or any of the other premises in the Proposed Building, and not against any other assets/rights of the Promoter/ Developer or the said Society. 14. COMMON AREAS: It is expressly agreed that the Allottee/s along with the other occupants of premises in the Proposed Building shall be proportionately entitled to use, occupy and enjoy the common areas and facilities in the Proposed Building and the nature, extent and description of such common areas and facilities which the Allottee/s will proportionately enjoy in the common areas and facilities is set out in Part A (limited common areas) and Part B (common areas) of the Third Schedule hereunder written. The Allottee/s shall not claim use or entitlement to use any areas in the Proposed Building on the ground that the same are approved as common areas in the plans; and the only common areas that the Allottee/s is/are expecting to use/enjoy and claim to be entitled to use/enjoy are as set out in the Third Schedule, subject to what is set out therein. 15. RIGHT OF THE ALLOTTEE/S RESTRICTED TO THE UNIT: It is clarified that the right of the Allottee/s is restricted to the said Unit agreed to be sold to him/her/them by the Promoter/ Developer as per the floor plan annexed hereto as Annexure ‘_’ and use and enjoyment of common areas and utilities in common as aforesaid and the Allottee/s shall not be entitled to claim any right to any open space or passage, staircase, open parking space, stilt parking spaces or any other area in to or upon the said Land and/or the Proposed Building or any other space surrounding the Proposed Building or any of them in any manner whatsoever, as the same belongs to and are the sole, 21 exclusive and absolute property of the Promoter/ Developer. 16. NO CHANGE OF USER: It is expressly agreed, by and between the Promoter/ Developer and the Allottee/s that the said Unit is agreed to be sold to the Allottee/s for use as a residence only and it shall be utilized by the Allottee/s for the purpose for which it is sold to the Allottee/s and for no other purpose or purposes whatsoever and howsoever arising. The Allottee/s agree/s not to change the user of the said Unit, without prior written consent in writing of the Promoter/ Developer and the concerned authorities. 17. PARKING SPACES: 17.1 In accordance with the provisions of the said Redevelopment Documents, the Promoter/ Developer has agreed to provide certain car parking spaces to the Society for allotment to the existing members of the Society; and the Promoter/ Developer is entitled to and has been authorized by the Society to allot the balance car parking spaces in the Proposed Building to the acquirers of the free sale area of the Promoter/ Developer. The Promoter/ Developer shall accordingly earmark parking spaces in the Proposed Building for exclusive use thereof by certain acquirers of the premises in the Proposed Building depending on availability as the Promoter/ Developer has been authorized to do so by the Society under the Redevelopment Documents. It is clarified that the Promoter/ Developer has not demanded or charged and is not accepting any consideration/Purchase Price/amounts from any acquirer/s of the premises (which the Promoter/ Developer is entitled to sell as recited hereinabove) for allotment of such parking spaces and the allotment of any car parking space/s, if done by the Promoter/ Developer will be only to such persons who may hold flats in the Proposed Building and the right to use such parking space/s shall be incidental to such person/s holding flat/s/premises in the Proposed Building. 17.2 The Society has in the Redevelopment Documents already confirmed the allotment of the additional parking spaces by the Promoter/ Developer in favour of the acquirers of the free sale area in the Proposed Building that is available to the Promoter/ Developer under the Redevelopment Documents. The Allottee/s agree that the Promoter/ Developer shall be entitled to do such earmarking at its discretion and the Allottee/s hereby accept/s the decisions taken by the Promoter/ Developer in relation to such of car parking spaces. 22 17.3 Notwithstanding what is stated in Sub-Clauses 17.1 and 17.2, the Allottee/s acknowledge/s and understand/s that due to paucity of physical spaces and requirement of a larger number of car parking spaces, a majority of the car parking spaces that will be provided by the Promoter/ Developer in the Proposed Building, shall be in the form of an automated mechanical pit or tower parking system or multi-level stack parking systems or any other form of automated or mechanical parking wherein, there may be or may not be any specific identified spot/place which may be for a particular occupant of premises in the Proposed Building and which shall be designed to minimize the area and/or volume required for parking cars (hereinafter referred to as “the Mechanical Parking”). The Allottee/s is/are aware that such Mechanical Parking involves or may involve operation of an automated machine for parking and removing cars from the Mechanical Parking system and the same could be time- consuming and the Allottee/s acknowledge/s that the Allottee/s has/have no objection to the same. The Allottee/s is/are aware that such Mechanical Parking may also require a valet system by appointment of qualified drivers, for ease of parking and removing of vehicles from the parking slots in the Mechanical Parking system. The Allottee/s hereby confirm/s that the Allottee/s has/have no objection to the same and that the Allottee/s shall not park his/her/their car/s at any other place in the Proposed Building. The Allottee/s hereby agree/s and undertake/s that the Allottee/s shall bear the costs and expenses of the maintenance of such Mechanical Parking system or also keep such valet parking facility at his/her/their costs for parking or removal of cars from the Mechanical Parking system. The Allottee/s shall not refuse to bear such costs and/or expenses on the ground of non-utilization of such Mechanical Parking system or valet parking facility or on any other ground whatsoever and howsoever arising. 17.4 The holder of the said Unit is entitled to park ( ) vehicle in the car parking spaces in the Proposed Building. The Allottee/s has/have authorized the Promoter/ Developer to alter and amend such earmarking in the overall interest of the Project, as the Promoter/ Developer may deem fit and proper; and the Allottee/s shall not object to any change in the earmarking of the parking spaces the same on any grounds whatsoever including on the ground of difficulty in accessing the parking spaces or inadequacy of the size of the parking spaces. 23 18. DATE OF POSSESSION OF THE SAID UNIT: 18.1 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 – (i) war, civil commotion or act of God; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 18.2 The date of delivery of possession of the said Unit is subject to certain terms as more particularly specified in the preceding Sub-Clause 18.1 and even after extension of the date of possession as stated in the preceding Sub-Clause 18.1, the Promoter/ Developer is unable to or fails to offer possession of the said Unit or license to enter the said Unit to the Allottee/s, then and in such an event, the Allottee/s shall at its own discretion be entitled either (a) to continue with the arrangement as recorded this Agreement and receive a compensation in the form of liquidated damages from the Promoter/ Developer to be calculated on a monthly basis at the Agreed Interest Rate on the amount of Purchase Price that is till then paid by the Allottee/s to the Promoter/ Developer and received by the Promoter/ Developer, from the extended date of delivery of possession (extended due to any of the factors set out in Clause 18.1 hereof) till the date of offer of possession by the Promoter/ Developer to the Allottee/s; or in the alternative (b) to give notice to the Promoter/ Developer, thereby terminating this Agreement, in which event, the Promoter/ Developer shall refund to the Allottee/s the amount of Purchase Price (but not any taxes, levies, charges, stamp duty, registration fees, brokerage, etc. or any other amounts, that may have been paid by the Allottee/s) till then received by the Promoter/ 24 Developer from the Allottee/s hereunder together with interest at the Agreed Interest Rate from the date of receipt by the Promoter/ Developer of such amounts of Purchase Price from the Allottee/s till the date of refund thereof to the Allottee/s. It is clarified that the Promoter/ Developer shall not be liable to pay or refund to the Allottee/s any additional amount/s, either as liquidated damages or costs, charges, expenses the event of such termination. It is further clarified that in the event if the provisions of this Clause 18.2 are applicable and in such an event, if the Allottee/s once exercises the option to continue with this Agreement (and not to terminate it), then the Allottee/s shall subsequently not be entitled to exercise the alternative option to terminate this Agreement, regardless of the further period of delay in the delivery of possession of the said Unit. 18.3 The refund to be made by the Promoter/ Developer to the Allottee/s pursuant to Clause 18.2 shall be made by the Promoter/ Developer to the Allottee/s within a period of 30 (thirty) days from the date when the Allottee/s terminate/s this Agreement/s as per Clause 18.2 hereof. In case of termination by the Allottee/s as provided in Clause 18.2, upon the aforesaid payment/s being made by the Promoter/ Developer to the Allottee/s, neither Party shall have any claim against the other either in respect of the said Premises or otherwise arising out of this Agreement and the Promoter/ Developer shall be at liberty to sell and dispose of the said Premises and/or create third party rights therein in favour of any other person/s at and for such consideration and upon such terms and conditions as the Promoter/ Developer may deem fit and proper, in the Promoter/ Developer’s sole and absolute discretion, without any reference and/or recourse to the Allottee/s. It is clarified that in case of termination by the Allottee/s as provided in this Clause, in the event if the Promoter/ Developer finds a willing buyer/purchaser to acquire the said Unit prior to the refund to the Allottee/s under this Clause, then the Promoter/ Developer shall be entitled to sell the said Unit to such new buyer/purchaser but the Allottee/s shall have a charge on the amounts receivable by the Promoter/ Developer from the new purchaser/acquirer to the extent of the amounts receivable by the Allottee/s under this Clause. 18.4 Save and except as provided in Clause 18.2 hereof, the Allottee/s shall not be entitled to withdraw from this Agreement or terminate this Agreement and in the event if the Allottee/s so decide/s to withdraw or terminate this Agreement other than for 25 the reasons as set out in Clause 18.2 hereof, then the consequences of such withdrawal or termination shall be as set out in Clause 18 hereof. 18.5 Notwithstanding anything to the contrary contained in this Agreement and in particular in Clauses 18.2 to 18.4 hereof, if as a result of any legislative order or requisition or direction of the Government or public authorities, the Promoter/ Developer is unable to complete construction of the aforesaid Proposed Building and/or to give possession of the said Unit to the Allottee/s, then and in such an event, the only responsibility and liability of the Promoter/ Developer will be to refund to the Allottee/s the amounts amount of Purchase Price (but not any interest, taxes, levies, charges, stamp duty, registration fees, brokerage, etc. or any other amounts that may have been paid by the Allottee/s), till then received by the Promoter/ Developer from the Allottee/s hereunder without any interest thereon and thereupon this Agreement shall ipso facto (by that very fact or act ) and automatically stand terminated. 18.6 The Allottee/s shall take possession of the said Unit within a maximum period of 15 days from the Promoter/ Developer giving written notice to the Allottee/s intimating that the said Unit is ready for use and occupation and the obligation of the Allottee/s to bear and pay the maintenance charges as provided hereinafter shall commence within a period 7 (seven) days from the date of issuance of such notice to the Allottee/s PROVIDED THAT if within a period of 5 (five) years from the date of offer to hand over possession of the said Unit to the Allottee/s, the Allottee/s bring/s to the notice of the Promoter/ Developer, any defect in the said Unit with regard to the material used therein or any unauthorized change in the construction of the Proposed Building, then, wherever possible such defects or unauthorized changes shall be rectified by the Promoter/ Developer at its own cost; and in case if it is not possible to rectify such defects or unauthorized changes, then the Allottee/s shall be entitled to receive from the Promoter/ Developer, reasonable compensation for such defect or change, based on the estimates provided by any Architect appointed/nominated by the Promoter/ Developer. It is clarified that such defect liability of the Promoter/ Developer as set out in this Clause shall not pertain to any manufacturing or other defects in the Internal Amenities and the same is limited to any defects in the construction only. 26 18.7 Before delivery of possession or grant of license to enter the said Unit to the Allottee/s, the Allottee/s shall inspect the said Unit (including the size thereof) and the Amenities and Facilities provided; and thereafter the Allottee/s will have no claim whatsoever and howsoever arising against the Promoter/ Developer with regard to any shortfall in size or the construction of the said Unit or the provision of the Amenities and Facilities. 18.8 The Allottee/s shall be entitled to the possession of the said Unit only after the full Purchase Price as per Annexure ‘_’ hereto is paid by the Allottee/s to the Promoter/ Developer; and the other sums mentioned hereunder are paid by the Allottee/s to the Promoter/ Developer. 18.9 The Promoter/ Developer shall not put the Allottee/s in possession of the said Unit unless and until the Allottee/s has/have paid the entire Purchase Price as provided by Annexure ‘_ & _’ hereto and all the other amounts payable by him/her/them hereunder and/or otherwise in respect of the said Unit to the Promoter/ Developer, as specified herein and upon the Promoter/ Developer having received the Completion Certificate or Occupancy/Occupation Certificate in respect of the said Unit. 18.10 Upon completion of construction of the Proposed Building, the Promoter/ Developer may at its discretion, permit the Allottee/s to enter upon the said Unit, limited for the purpose of carrying out fit out works of non-structural nature like installation of fixture and furniture in the said Unit at the entire risks and costs of the Allottee/s. The Allottee/s acknowledge/s that the Promoter/ Developer shall not be obliged to permit the Allottee/s to enter upon the said Unit under any circumstances and the same shall be entirely at the discretion of the Promoter/ Developer. The Allottee/s further acknowledge/s that at such stage the Occupation/Occupancy Certificate in respect of the Proposed Building may not have been received by the Promoter/ Developer from the MCGM and at such stage the said Unit may not be capable of being occupied by the Allottee/s. The Allottee/s agree/s and undertake/s that in the event so permitted to enter upon the said Unit to carry out the said fit out works as contemplated in this Sub-Clause 18.10, the Allottee/s shall not occupy the same or commence any use thereof for any reasons whatsoever and howsoever arising. The Allottee/s further agree/s and undertake/s that in the event if the Allottee/s is/are so permitted to enter upon the said Unit to carry out the said fit out works as contemplated in this Sub- Clause 18.10 then 27 in such an event, the Allottee/s shall be solely and exclusively responsible and liable to ensure that the workmen, labourers, agents and other representatives of the Allottee/s so entering upon the said Unit shall comply with and adhere to all health and safety guidelines, rules and regulations as may be prescribed by the Promoter/ Developer from time to time. The Allottee/s acknowledge/s that Promoter/ Developer shall not be liable and/or responsible for untoward incident that may occur by virtue of the Allottee/s being permitted to carry out the fit out works or to enter upon the said Unit as contemplated in this Sub- Clause 18.10. 18.11 The Allottee/s also agreed and undertake that prior to commencing any fit out or interior works in the said Unit, the Allottee/s shall for the due adherence and performance with the terms and conditions of the fit out manual (as maybe drawn up by the Promoter/ Developer containing the guidelines for carrying out the fit-out works in the premises in the Proposed Building), keep deposited with the Promoter/ Developer a sum of Rs. 3,00,000/- (Rupees Three Lakhs Only) as an interest free security deposit and which amount shall be refunded by the Promoter/ Developer to the Allottee/s on completion of the fit- out works (hereinafter referred to as “the Security Deposit”). In the event if the Allottee/s commit/s any breach/es of the terms and conditions of the fit out manual or cause/s any damage or nuisance to the Proposed Building or any common areas therein or in any adjoining the said Unit, then and in any such event, the Promoter/ Developer shall be entitled to adjust or deduct any expenses incurred or likely to be incurred by the Promoter/ Developer from such security deposit for setting right such breach or rectifying such damage or nuisance caused. The Allottee/s shall not dispute any adjustment or deduction from the security deposit on any ground whatsoever and howsoever arising. 18.12 Upon possession of the said Unit being offered to the Allottee/s, he/she/they shall be entitled to the use and occupy the said Unit for the user specified herein only and for no other purpose whatsoever. Upon the Allottee/s taking possession of the said Unit or license to enter the said Unit he/she/they shall have no claim against the Promoter/ Developer in respect of any item of work in the said Unit, which may be alleged not to have been carried out or completed. 19. REIMBURSEMENT OF EXPENSES AND MAINTENANCE CHARGES: 28 19.1 The Allottee/s hereby agree/s to pay to the Promoter/ Developer, a lump sum amount as more particularly stated in Annexure ‘_’ by way of re- imbursement of the expenses that have been incurred by the Promoter/ Developer and/or that have become payable and/or that shall become payable by the Promoter/ Developer to various third parties and/or authorities. The charges referred to above are generally hereinafter referred to as “Charges for Development and Betterment Facilities”. The said Charges for Development and Betterment Facilities are non-refundable. The said Charges for Development and Betterment Facilities are over and above and in addition to the purchase price referred to hereinabove and all other amounts mentioned herein. The Promoter/ Developer has explained to the Allottee/s and have also shown to the Allottee/s an account of the amount spent/to be spent on the said Development and Betterment Facilities and the Allottee/s has/have accepted and satisfied himself/ herself/themselves about the account and that the said Charges for Development and Betterment facilities are expended/to be expended. The Allottee/s further confirm/s that he/she/they shall not raise any further queries on the Promoter/ Developer in respect of the said Charges for Development and Betterment Facilities and neither shall the Allottee/s call upon the Promoter/ Developer to submit any further account of the said Charges for Development and Betterment Facilities. 19.2 Over and above the amounts of the Purchase Price, as set out in Annexure ‘_’ hereto and other amounts agreed to be paid by the Allottee/s to the Promoter/ Developer as set out hereinabove including inter alia the amount of Security Deposit, the Allottee/s shall, before taking possession or within a maximum period of 7 (seven) days from the date of offer of delivery of possession of the said Unit (whether or not the Allottee/s has/have taken possession of the said Unit or not), whichever is earlier, pay to the Promoter/ Developer the amounts as more particularly stated in Annexure ‘_’: 19.3 Commencing a week after notice in writing is given by the Promoter/ Developer to the Allottee/s that the said Unit, is ready for being occupied, the Allottee/s shall be liable to bear and pay the proportionate share of the advance maintenance charges and other monthly outgoings in respect of the said Unit. After the completion of the initial 12 (twelve) months as aforesaid, the Allottee/s shall be liable to bear and pay the maintenance 29 charges in respect of the said Unit and the Allottee/s further undertake/s to pay such provisional monthly contribution on or before the 5th day of each month in advance to the Promoter/ Developer or to the Society (if the management of the Proposed Building has been handed over to the Society); and the Allottee/s shall not be entitled to withhold the same for any reason whatsoever. It is further agreed that the Allottee/s will be liable to pay the Agreed Rate of Interest to the Promoter/ Developer for any delay in paymentof such outgoings. 19.4 In addition to the proportionate property and municipal taxes, the maintenance charges payable by the Allottee/s would include inter alia the following: 19.4.1 The expenses of maintenance, repairing, redecorating, etc., of the main structures and in particular the gutters and rain water pipes of the Proposed Building, water pipes and electric wires in under or upon the Proposed Building used by the premises/ premises holder/s in common with the other occupiers of premises and the main entrances, passages, landings, lift and staircase of the Proposed Building and other common areas and amenities as enjoyed by the premises holders in common as aforesaid and the boundary walls of the Proposed Building, compounds etc. 19.4.2 The cost of cleaning and lightning the passage, water pump, lifts, landings, staircases, common lights and other parts of the Proposed Building used by the premises holders in common as aforesaid. 19.4.3 The cost of the salaries of certain workers like clerks, accountant, liftmen, chowkidar, pump man, sweepers, drivers, house- keeping charges, etc., and the proportionate salary of certain part time workers like engineers, supervisors etc. their traveling expenses, welfare expenses like tea, coffee etc., the bonus to be given to them etc. 19.4.4 The cost of working and maintenance of common lights, water pump, lifts, common sanitary units and other services charges. 19.4.5 Premium for insurance of the Proposed Building (if and when taken). 19.4.6 The maintenance charges, cost, expenses and amounts required for maintenance and operation of 30 various common equipment that may be installed in the Proposed Building including interalia street lights, sewer line, storm water drain, water lines, internal roads, garden, civil, Mechanical Parking system, other mechanical and electrical system/s installed for reuse of the waste water, civil, mechanical and electrical system for rain water harvesting, high speed lifts, submersible pumps installed in tank for municipal water and tank for storage of tanker/bore well water, pumps installed for firefighting, tank for municipal water, overhead tank and other water tanks by whatever name called, fire-fighting system, common electric system (which may be installed for the lights, pumps, equipment, lifts, security system etc.), common plumbing system, common security system and such other expenses as are necessary or incidental for the maintenance and upkeep of the Proposed Building. 19.5 The above maintenance charges are only provisional and any additional expenses shall be reimbursed by the Allottee/s to the Promoter/ Developer. The above provisional maintenance does not include property and municipal tax (which shall be payable in addition to the aforesaid amounts by the Allottee/s). 19.6 The Allottee/s is/are aware that after the possession of the said Unit is offered to the Allottee/s and after he/she/they is/are admitted as member/s of the said Society, it may take at least 12 (twelve) to 18 (eighteen) months for the Promoter/ Developer/Society to work out and inform each of the premises occupants in the Proposed Building about the exact breakup of the maintenance charges payable by him/her/them. Therefore, during such a period the Promoter/ Developer/Society is likely draw up adhoc bills towards maintenance. The Allottee/s agree/s that he/she/they shall not raise any objection for payment of such adhoc bills and would allow the said Society a time period of 12 (twelve) to 18 (eighteen) months, or more from the date of he/she/they is/are admitted as member/s of the Society, to enable the Promoter/ Developer/Society to work out the exact details of the maintenance charges payable by him/her/them. 19.7 Over and above the Purchase Price and other amounts payable by the Allottee/s, the Allottee/s hereby agree/s that in that event of any amount becoming payable by way of levy or 31 premium, taxes, cess, fees, charges, etc., after the date of this Agreement to MCGM or any other concerned local authority or to the State Government or in the event of any other payment for a similar nature becoming payable in respect of the said Land and/or in respect of the various premises to be constructed thereon, the same shall be paid by the Promoter/ Developer, however, the same would be reimbursed by the Allottee/s to the Promoter/ Developer in proportion of the area of the said Unit to the total area of all the new premises being developed on the said Land. 20. TAXES: 20.1 The Allottee/s is/are aware that the amount of Purchase Price as set out in Annexure ‘_’ hereto, is exclusive of the all the taxes applicable to transactions for the sale of constructed premises as levied by the State and Central Government through their respective Finance Acts and other legislations and various clarifications/notifications and regulations have made Value Added Tax and Goods and Service Tax (hereinafter referred to as “the said Taxes”).It is hereby agreed between the Parties and it is clarified that at the time of execution of this Agreement for Sale, that there is a liability for payment of the said Taxes on this Agreement for the sale of the said Unit by the Promoter/ Developer to the Allottee/s. The Allottee/s agree/s and undertake/s that the same is payable by the Allottee/s and that the Promoter/ Developer is not liable to bear and/or pay the same. Therefore, the Allottee/s hereby irrevocably agree/s and undertake/s to pay the amounts for the said Taxes to the Promoter/ Developer or the concerned authorities within a period of 7 (seven) days from the date of the Promoter/ Developer calling upon the Allottee/s to do so, without any delay or demur. 20.2 It is hereby further agreed that in addition to the said Taxes, in the event of any amount becoming payable now or in the future by way of levy or premium, taxes, cess, fees, charges, sales tax, value-added tax, service tax, goods and services tax (if and when made applicable), or any other tax by whatever name called, at the time of execution of this Agreement and/or any time thereafter to any authority or to the State Government or to the Central Government or in the event of any other payment of a similar nature, save and except the tax on income of Promoter/ Developer, arising out of or in connection with 32 transaction contemplated hereby, the Allottee/s shall be solely liable to bear and pay the same and the Promoter/ Developer shall notbe liable for the same. 20.3 Non-reimbursement/Non-payment of the said Taxes and other amounts mentioned in this Clause 20 by the Allottee/s shall be deemed to mean non- payment of the Purchase Price to the Promoter/ Developer and the consequences as mentioned in Clause 4 hereof shall apply. 20.4 The GST shall be payable by the Allottee/s alongwith the payment of Purchase Price as and when become due (if the purchase price paid in an instalments then the GST shall be paid alongwith such instalment). Further, the Allottee/s shall liable to pay the GST on reimbursement amount, if any payable, as and when become due or reimbursed to the Promoter/ Developer. 21. BREACHES: The Allottee/s agree/s and undertake/s to and shall observe perform and comply with all the terms and conditions and covenants to be observed performed and complied with by the Allottee/s as set out in this Agreement (save and except the obligation of the Allottee/s to pay the balance Purchase Price and other sums as aforesaid, for which the consequences as mentioned in Clause 4 above would apply) if the Allottee/s neglect/s, omit/s, or fail/s to observe and/or perform the said terms and conditions and covenants for any reason whatsoever then in such an event, the Promoter/ Developer shall be entitled after giving 1 (one) months’ notice to remedy or rectify the default and in the event of the Allottee/s failing to remedy or rectify the same within the said notice period, this Agreement shall be voidable at the option of the Promoter/ Developer and in the event of the Promoter/ Developer so treating this Agreement void, the consequences of termination as set out in Clause 4 hereof shall apply. 22. ELEVATION OF THE PROPOSED BUILDING: The Allottee/s shall not alter, amend, modify etc., the elevation of the said Unit or the Proposed Building whether the side, front or rear nor shall the Allottee/s alter, amend, modify the entrance lobby, staircase, lift, passage/s, terrace etc. of the Proposed Building and shall keep the above in the same form as the Promoter/ Developer constructs the same and shall not at any time alter the said elevation in any manner whatsoever without the prior consent or alter the attachments to the 33 elevation of the Proposed Building, including fixing or changing or altering grills, windows, air conditioners, chajjas etc., The Allottee/s further irrevocably agree/s to fix their air- conditioners, whether window or split only after the written permission of the Promoter/ Developer and at such places as may be earmarked by the Promoter/ Developer for the same. The Promoter/ Developer’s decision in this regard would be final and binding on the Allottee/s. 23. COVENANTS OF THE ALLOTTEE/S: The Allottee/s with an intention to bring all persons into whose hands the said Unit may come, doth/do hereby represent/s and assure/s to and undertake/s and covenant/s with the Promoter/ Developer as follows: 23.1 To maintain the said Unit at the Allottee’s/ Allottees’ own cost in good and tenantable repair and condition from the date the possession of the said Unitis offered to the Allottee/s and to not do anything or suffer anything to be done in or to the Proposed Building and to the balconies, elevation- projectioxns, staircase or any passage, which may be against the rules, regulations or bye-laws of the concerned local or any other authority nor to the said Unit itself or any part thereof; 23.2 Not to enclose the open balcony, flower bed, ducts or any other open area pertaining to the said Unit, whereby any FSI whatsoever is deemed to be consumed and without prejudice thereto not to do any act, deed, matter or thing, whereby any rights of the Promoter/ Developer/the said Society are in any manner whatsoever prejudiced/ adversely affected; 23.3 Not to carry out in or around the said Unit any alteration/changes of structural nature without the prior written approval of the Promoter/ Developer and the Structural Engineers and the RCC Consultants of the Proposed Building; 23.4 To ensure that no nuisance/annoyance/ inconvenience is caused to the other occupants of the Proposed Building by any act of the Allottee/s; 23.5 Not to store in the said Unit any goods which are of hazardous, combustible or dangerous nature, save and except domestic gas for cooking purposes, or goods which are so heavy so as to damage the construction or structure of the Proposed Building or storing of which goods is objected to by the concerned local or other authority and shall not carry or cause to be carried any heavy packages, showcases, cupboards on the upper floors 34 which may damage or is likely to damage the staircase, common passage or any other structure of the Proposed Building. On account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be personally liable for the consequence of the breach and shall be liable to bear and pay the damages as may be determined by the Promoter/ Developer and the same shall be final and binding upon the Allottee/s and the Allottee/s shall not be entitled to question the same; 23.6 To carry out at his/her/their own cost all the internal repairs to the said Unit and maintain the said Unit in the same condition, state and order in which it was delivered by the Promoter/ Developer to the Allottee/s (usual wear and tear excepted); 23.7 Not to demolish the said Unit or any part thereof including interalia the walls, windows, doors, etc., thereof, nor at any time make or cause to be made any addition or any alteration in the elevation and outside colour scheme of the Proposed Building and shall keep the portion, sewers, drains, pipes, in the said Unit and appurtenance/s thereto in good, tenantable repair and condition and in particular so as to support, shelter and protect the other parts of the Proposed Building and shall not chisel or any other manner damage the columns, beams, walls, slabs or RCC pardis or other structural members in the said Unit without the prior written permission of the Promoter/ Developer and/or the said Society; 23.8 Not to do or permit to be done any act, deed, matter or thing, which may render void or void able any insurance of the Proposed Building or any part thereof or whereby any increase premium shall become payable in respect of the insurance; 23.9 Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Unit in the compound or on the terrace or on the other premises or any portion of the said Land; 23.10 To bear and pay any increase in local taxes, water charges, insurances and such other levy/ if any which are imposed by the concerned local/public authority either on account of change of user or otherwise in respect of the said Unit by the Allottee/s; 23.11 The Allottee/s shall not be entitled to transfer, assign or part with the interest or any benefit of this Agreement, without the prior written permission of the Promoter/ Developer, until all the dues payable by the Allottee/s to the Promoter/ Developer hereunder and/or otherwise are fully paid up; 35 23.12 The Allottee/s shall abide by, observe and perform all the rules, regulations and bye-laws of the said Society as also the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the Proposed Building and the premises therein and for the observance and performance of the building rules, regulations and bye-laws for the time being of the concerned local authority and the Government and other public bodies and not commit breach thereof and in the event of the Allottee/s committing breach thereof and/or any act in contravention of the above provision, the Allottee/s shall be personally responsible and liable for the consequences thereof to the said Society and/or the concerned authority and/or other public authority; 23.13 The Allottee/s shall also observe, perform and comply with all the stipulations, terms and conditions laid down by the said Society regarding the occupation and use of the said Unit and shall bear and pay and contribute regularly and punctually towards the taxes, expenses or other outgoings as may be required to be paid from time to time; 23.14 The Allottee/s shall permit the Promoter/ Developer and its surveyors and agents with or without workmen and others, at all reasonable times, to enter into and upon the said Land/Proposed Building/said Unit and/or any part thereof to view and examine the state and condition thereof, and to carry out the repair or replacements therein for a period of 5 (Five) years from the Allottee/s being put in possession of the said Unit; 23.15 The Allottee/s undertake/s not to enclose any passage/s, lobby or other common areas in the Proposed Building in any manner whatsoever; 23.16 The Promoter/ Developer shall provide to the Allottee/s the water connection in respect to said Unit. The Promoter/ Developer shall not be held liable or responsible in any respects whatsoever if the concerned authorities are unable to provide the water supply to the said Unit; 23.17 The Allottee/s is/are also aware that the Promoter/ Developer has paid to MCGM the various premiums towards the staircase, lift lobby, passages, premium FSI, Fungible FSI etc. and shall not raise any objection with regard thereto; 23.18 The Allottee/s is/are aware of various concessions, approvals granted to the Promoter/ Developer at the time of construction of the Proposed Building including the condoning of open 36 space deficiencies and the Allottee/s undertake/s not to raise any objection in respect of the open space deficiency and shall also not raise any objection in respect to the construction and/or development activities carried on in the adjoining plots; and 23.19 The Allottee/s has/have also read and understood the terms and conditions and the obligations as prescribed in the various approvals and sanctions obtained by the Promoter/ Developer and that some of such conditions and/or obligations shall require compliance in continuity even after the development and construction of the Proposed Building is completed and after the management of the Proposed Building is handed over to the Society and the Allottee/s has/have agreed to abide by and comply with such continuing conditions and obligations. 24. INDEMNITY: The Allottee/s is/are aware that only on the basis of and relying on the representations, assurances, declarations, covenants and warranties made by him/her/them herein, the Promoter/ Developer has agreed to and is executing this Agreement and Allottee/s hereby agree/s to indemnify and keep indemnified the Promoter/ Developer absolutely and forever from and against all and any damage or loss that may be caused to the Promoter/ Developer including interalia against and in respect of all actions, demands, suits, proceedings, penalties, impositions, losses, damages, costs, charges and expenses, that may be caused to or incurred, sustained or suffered by the Promoter/ Developer, by virtue of any of the aforesaid representations, assurances, declarations, covenants and warranties made by the Allottee/s being untrue and/or as a result of the Promoter/ Developer entering in to this Agreement and/or any other present/future writings with the Allottee/s and/or arising there from. 25. STAMP DUTY AND REGISTRATION CHARGES: The charges towards stamp duty fees and registration charges of this Agreement and all out of pocket costs, charges and expenses on all documents for sale and/or transfer of the said Premises and the said Car Parking Space/s shall be borne by the Allottee alone. 26. TRANSFER OF THE SAID UNIT: If the Allottee/s, before being put in possession of the said Unit, 37 desire/s to sell or transfer his/her/their interest in the said Unit or wishes to transfer or give the benefit of this Agreement to person, the same shall be done only after the Allottee/s obtain/s the prior written permission of the Promoter/ Developer in that behalf. In the event of the Promoter/ Developer granting such consent, the Allottee/s shall be liable to and shall pay to the Promoter/ Developer such sums as the Promoter/ Developer may in its absolute discretion determine by way of the transfer charges and administrative and other costs, charges, expenses pertaining to the same PROVIDED HOWEVER that such transferee/s/assignee/s of the Allottee/s shall always be bound and liable by the terms, conditions and covenants hereof and on the part of the Allottee/s to be observed, performed and complied with. All the provisions of this Agreement shall ipso facto and automatically apply mutatis mutandis to such transferee/s/assignee/s also. 27. MISCELLANEOUS: 27.1 Co-operation: The Allottee/s shall, from time to time, sign and execute all applications, papers and documents, and do all the acts, deeds, matters and things as the Promoter/ Developer may require, for safe guarding the interest of the Promoter/ Developer to the Proposed Building and/or the premises therein. 27.2 Notices: All letters, circulars, receipts and/or notices to be served on the Allottee/s as contemplated by this Agreement shall be deemed to have been duly served, if posted or dispatched to the Allottee/s by Registered Post Acknowledgement Due (“RPAD”) or mailed at the electronic mail (e-mail) address as provided by the Allottee/s to the Promoter/ Developer or hand delivered at the address hereunder stated and shall effectually and completely discharge the Promoter/ Developer. Address of the Promoter/ Developer: Gr/1, Shanti Sadan CHS Ltd, Opp. SBI, Kalina Village Road, Kalina, Santacruz (East),Mumbai – 400029 Address of the Allottee/ s: 27.3 Income Tax PAN: The Parties are setting out here under their respective Income Tax Permanent Account Numbers: 38 27.3.1 Promoter/ Developer : ACJFS2310Q 27.3.2 Allottee/s: - 27.4 TDS: all amounts towards the Purchase Price as payable by the Allottee/s to the Promoter/ Developer in accordance with Annexure ‘_’ hereto, shall be made by the Allottee/s, subject to deduction of tax at source as per the provisions of Section 194IA of the Income Tax Act, 1961; and the Allottee/s shall within the time prescribed by the provisions of the Income Tax Act, 1961 and the Rules framed there under, furnish to the Promoter/ Developer the requisite certificates of deduction of tax at source. It is clarified that non- payment of the amount of the deduction of tax at source to the concerned authorities or non- furnishing by the Allottee/s of the requisite certificate of deduction of tax at source to the Promoter/ Developer shall be deemed to be a breach equivalent to non-payment of Purchase Price amount and shall accordingly attract the consequences as mentioned in Clause 4 hereof. 27.5 Obligations: all obligations of the Allottee/s and covenants made by the Allottee/s herein shall be deemed obligations and/or covenants, as the case may be, running with immoveable property and the observance, performance and compliance with such obligations and/or covenants shall be the responsibility of all persons into whose hands the said Unit may come. 27.6 Lien and Charge of the Promoter/ Developer: Notwithstanding anything contained herein, the Promoter/ Developer shall, in respect of any amount remaining unpaid by Allottee/s under the terms and conditions of this Agreement, have a first lien and charge on the said Unit agreed to be purchased by the Allottee/s hereunder. 27.7 Disputes and Dispute Resolution: 27.7.1 To the extent that the Maharashtra Real Estate Regulatory Authority may have exclusive jurisdiction under the applicable provisions of RERA and under the RERA Rules, all disputes between the Parties shall be brought before and be adjudicated by the Maharashtra Real Estate Regulatory Authority. 27.7.2 Subject to what is provided in sub-clause 27.7.1, any dispute, controversy, claim or disagreement of any 39 kind whatsoever between or among the Parties in connection with or arising out of this Agreement or the breach, termination or invalidity thereof shall be referred to and finally resolved by arbitration. The invoking of arbitration in case of a Dispute shall not affect the termination of this Agreement (if terminated in accordance with the provisions hereof). The seat of the arbitration shall be Mumbai, India and the arbitration proceedings shall be conducted under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory re- enactment thereof in force in India at the time such arbitration is commenced. The arbitration proceedings shall be conducted by a sole arbitrator to be mutually appointed by the Parties and failing such mutual agreement on the appointment, the sole arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of the arbitration proceedings shall be English. The award rendered by the Tribunal shall be in writing and shall set out the reasons for the arbitral tribunal’s decision. The award shall allocate or apportion the costs of the arbitration, as the Tribunal deems fair. The Parties agree that the arbitration award shall be final and binding on the Parties. 27.8 Jurisdiction: Subject to what is provided in Clause 27.7 above, the Courts in Mumbai shall have exclusive jurisdiction to try and entertain all disputes between the Parties hereto arising out of this Agreement or otherwise pertaining to the said Premises. 27.9 No Demise or Grant or Assignment: The Allottee/s shall have no right, title, interest, share, claim demand of any nature whatsoever and howsoever arising in to upon the said Land and/or the Proposed Building and/or otherwise howsoever against the Promoter/ Developer, save and except in respect of the said Unit. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Land and/or the Proposed Building and/or any part thereof. 27.10 No Waiver: Any delay or indulgence shown by the Promoter/ Developer in enforcing the terms of agreement or any 40 forbearance or giving of time to the Allottee/s shall not be construed as a waiver on the part of the Promoter/ Developer 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 any rights of the Promoter/ Developer hereunder or in law. 27.11 The Developers has submitted various undertakings, Indemnity Bonds etc. to the MCGM, while approving plans, obtaining parking NOC, IOD, CFO NOC, and the same are binding upon the Purchaser herein as well as to the society members. 27.12 The Purchaser hereby agrees and undertake that he/she/they shall observed and complied with the conditions of fire noc, EE(T&C)/parking consultant’s NOC and kept the same in good and working condition and necessary AMC etc. shall be executed by the purchasers/society to avoid any mishap in that regard. 27.13 The Purchaser is aware of the IOD conditions that the developer has availed concessions for deficiency in open space, the inadequate height of the habitable room, inadequate maneuvering space etc. prospective purchasers as well as will not object neighborhood development alongwith deficiency in open space etc. at any time in future. RUT for same has been submitted by developer to MCGM which is also binding on the Purchaser herein and the society members. Also the dry and wet garbage shall be separated and the wet garbage generated in the building shall be treated separately on the same plot by the resident/occupants of the building in the jurisdiction of M.C.G.M. 27.14 Name of the Proposed Building: Unless otherwise decided by the Promoter/ Developer the name of the Proposed Building shall be SHANTI KAMAL or by such other name/s as the Promoter/ Developer may decide. The Allottee/s shall not either in his/her/their personal capacity/ies or in his/her/their capacity/ies as the member/s of the said Society seek to alter or modify the name of the Proposed Building, without the prior written consent of the Promoter/ Developer. 27.15 Enforceability: Whenever possible, each provision of this 41 Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement should be prohibited or rendered invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any unenforceable provision or provision which is ineffective or invalid under the applicable law shall be replaced and substituted by the Parties acting in good faith, by a provision which most nearly reflects the Parties’ intent in entering into such unenforceable provision or provision which is ineffective or invalid under the applicable law. 27.16 Entire Agreement: The Parties hereto acknowledge, declare and confirm that this Agreement represents the entire and only agreement between themselves regarding the subject matter hereof and no modifications hereto shall be valid and binding unless the same are reduced to writing and signed by both the Parties. 27.17 Headings: The headings, subheadings, titles, subtitles used for the Clauses under this Agreement are only for the sake of convenience and easy identification of the provisions and headings, subheadings, titles, subtitles to Clauses, Sub-Clauses and paragraphs are for information only and shall not form part of the operative provisions of this Agreement or the Schedules and Annexures hereto and shall be ignored in construing and interpreting the same. 42 THE FIRST SCHEDULE Description of the said Land ALL THAT piece or parcel of Freehold land or ground bearing Plot No. ‘B’, Survey No.333, Hissa No.6(part), C.T.S. No.4565, 4565/1 to 4565/11 of Village Kolekalyan, Taluka Andheri, admeasuring 905.20 sq. meters as per revised property cards, as per letter dated 27.09.2016 of the City Survey Officer, Bandra with the building named “SHREE SHREYAS CO-OPERATIVE HOUSING SOCIETY LIMITED” standing thereon, situated at Kalina, Santacruz (East), Mumbai - 400098, in the Registration District and Sub-District of Mumbai City and Mumbai Suburban, and bounded as follows:- On or towards the North : by Saint Anthony Road; On or towards the South : by C.T.S. No. 4563, Govind Nagar Building ; On or towards the East : by Gurudwara Road ; On or towards the West : by C.T.S. No. 4483 Mathuradas Colony; THE SECOND SCHEDULE Description of the said Unit Ground / Stilt floor ____ 2BHK & ___ 3BHK flats on 1st floor ____ 2BHK & ___ 3BHK flats on 2nd floor ____ 2BHK & ___ 3BHK flats on 3rd floor ____ 2BHK & ___ 3BHK flats on 4th floor ____ 2BHK & ___ 3BHK flats on 5th floor ____ 2BHK & ___ 3BHK flats on 6th floor ____ 2BHK & ___ 3BHK flats on 7th floor ____ 2BHK & ___ 3BHK flats on 8th floor THE THIRD SCHEDULE COMMON AREAS AND FACILITIES PART A - Limited Common Areas i. All the Allottee/s of Units on each floor will have a proportionate un-divided interest with their fellow neighbors on the same floor in respect of the flat entrance lobby and lift lobbyat every floor adjacent to the respective flats; ii. Parking Spaces in accordance with the provisions of Clause 17 of this Agreement. 43 PART B - Common Areas The Allottee/s will have a proportionate un-divided interest in the following along with acquirers/holders of the premises in the Proposed Building: i. Entrance lobby on the Ground Floor; ii. Society office room; iii. Compound areas (other than car parking spaces, otala/veranada in front/side of the commercial premises); iv. Gymnasium (if and as permitted by the MCGM); v. Lifts provided in the Proposed Building for residential area; vi. Staircase of the Proposed Building including the floor landing and the mid-landing, for the purpose of ingress and egress; vii. Terrace on the topmost floor of the Proposed Building. IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribe their respective hands on the day and year the first above written. SIGNED AND DELIVERED by ) the within named Promoter/ Developer: ) SUPREME REALTORS ) through the hands of its partner: ) in the presence of two independent witnesses ) 1. ) ) 2. ) SIGNED AND DELIVERED ) By the within named “Allottee/s” ) ) ) in the presence of two independent witnesses ) 44 ) 1. ) ) 2. ) 45 RECEIPT RECEIVED of and from the withinnamed Allottee/s , a total sum of Rs. /- (Rupees Only)being amount paid by the Allottee/s to us, as and by way of earnest money/part Purchase Price as per the detailsmentioned herein below :- S.No Date Cheque Bank Name Amount (Rs.) No. 1. . . 2. . . 3. . . TOTAL Rs. We Say Received Rs. / - For M/S. SUPREME REALTORS: ( )Authorised Signatory Witnesses: 1. 2. 46 ANNEXURE “__” DETAILS OF CONSIDERATION AND INSTALLMENTS OF CONSIDERATION: The total consideration payable by the Purchaser/s to the Developers in respect of the said Premises shall be Rs. /- (Rupees Only/-) and shall be paid by the Purchaser/s to the Developers as per schedule herein below:- (Note: - following payment to be made on the milestone achieved of the building or wing in which the said apartment is located) Sr. No. Particular Amount (Rs.) 10% 1 Paid as advance payment orapplication fee. To be paid to the promoter 15% 2 at theexecution of Agreement. To be paid on completion of 20% 3 Plinth ofthe respective wing. To be paid on completion of the 25% 4 slabs (3.125% on completion of each slab) ofthe respective wing. To be paid on completion of the 10% 5 walls, internal plaster of the respectivepremises To be paid on completion of the 5% 6 External Plaster of the building or wingin which the said premises is located. To be paid on completion of 5% 7 the Flooring, Bathroom Tiles, Kitchen Platform of the respective premises. To be paid on completion of the 5% 8 lifts,water pumps, of the respective wing/building 47 To be paid at the time of handing 5% overof the possession of the 9 Apartment to the Purchaser on or after receipt of theOccupation Certificate or Completion certificate TOTAL 100% 48 ANNEXURE “_” DETAILS OF OTHER CHARGES & MAINTENACE The other charges payable as under, which are excluding GST as applicable from time to time. Any GST, on the below charges, if applicable shall be borne by theallottee without any dispute. Sr. Particulars Amt . (RS.) 1 Your share of Development charges Rs. (Taxes)paid by us to MCGM @ Rs. 500/- per sq. ft. 2 12 months advance maintenance Charges @ Rs. /- Rs. 10/- per square feet, per month. 3 Towards Legal, electrical power supply system, Rs. ______/- SubStation, Water Connection etc. 49 50