@ @ psssAffi REA[-TY To, Date:2711012023 The Competent Authority, RERA Authority Mumbai. Sub.: Deviation Report of Agreement for Sate of the Project known as "VENUS,, to be developed on land bearing C T S NO. 25OlAl2, Viltage Mogra sltuated at Natwar Nagar Road No. 5, Jogeshwarl (East), Mumbai-400 060 Respected Sir, Sr. Clause in RERA Agreement Clause in our Agreement and its number Deviation ln clause No. and its number 1 Not Applicable Page No. 8, Clause (S) The Developers herein have acquired We have added Transfer of Development Rights (i.e. T.D.R.) for developing the TDR Rlghts Clause said property and construction of a building consisting of stilt+10 upper floors. Page No.8, Clause (T) MCGM has sanctioned the plans for construction of the New Building and has issued the lntimation of We have added IOD Disapproval/Amended Approvals ("lOD/Amended Approval,,) and and C C Clause Commencement Certificatef s l"CC"l in respect thereof as per the details more particularly mentioned in the Second Schedule hereunder written. Copy of the said IOD/Amended Approval and the CC are annexed hereto and marked as Annexure ,?,, and Annexure "B" respectively. 2 AND WHEREAS the Promoter Page No. 8, Clause (U) The Redevelopment and the construction We have modifled has registered the Project of the said Building to be known as ,,VENUS,, is proposed and the RERA No. under the provisions of the registered as a real estate project by the Developers (,,the Real Clause Act with the Real Estate Estate Project") with the Maharashtra Real Estate Regulatory regulatory Authority at Authority ("Authori!y''), under the provisions of the Real Estate (Regulation and Development) Act 2016 ("RERA,,) read with the authenticated copy is provisions of the Maharashtra Real Estate (Regulation and attached in Annexure'F'; Development) (Registration of Real Estate projects, Registration of Real Estate Agents, Rates of lnterest and Disclosures on Website) Rules, 2017 ("RERA Rules,,). The Authority has duly issued the Certificate of Registration bearing No. dated for the Real Estate project. Copy of the aforesaid certificate is annexed and marked hereto as Annexure ,e, Poddar Realtv lndia pvt. Ltd. Plot No. 26, Shah lndustrial Estate, New Link Roadl Opp. Anna Temple, Andheri West, Mumbai- 400053 Email ld - info@poddarrealty.com I Tel :022-66920678 t79 | CtN : U701OOMH1984PTCO32425 3 AND WHEREAS the Promoter Page 10, Clause (Y) The Developer has appointed a Structural We have added has appointed a structural Engineer for the preparation of the structural design and drawings replacement clause Engineer for the of the Real Estate Project and the Developer accept the of professionals. professional supervision of the Architect and the Structural preparation of the structural Engineer till the completion of the Real Estate Project. It is design and drawings of the however clarified that the Developer is entitled to appoint any buildings and the Promoter other licensed architects/ surveyors and/or structural engineers in accepts place of them, if so desired by the Developer till the completion of the Real Estate Project and the Allottee/s accept/s the the professional supervision professional supervisions of the appointed project Architect and of the Architect and the project Engineer (including substitutes / replacements thereof) till structural Engineer till the completion of the Real Estate Project. completion of the building/buildings. 4 Not Applicable Page 12 (AJ) The copies of the following are annexed hereto and We have added marked as follows: annexure List Annexure “A” Copy of IOD Annexure “B” Copy of Commencement Certificate Annexure “C” Copy of the RERA Registration Certificate Annexure “D” Copies of the Property Register Cards of the said Land Annexure “E” Copy of the said Title Certificate Annexure “F” Copy of the floor plan of the said Flat Annexure “G” Copy of the NOC by Mortgagee Bank/Financial Institution, if applicable 5 Not applicable Page 13, Clause 1 The above Recitals form an integral part of this We have put the agreement as if the same are set out herein verbatim. The recitals in the headings given in the operative section of this Agreement are only Agreement for for convenience and are not intended to be read or interpreted in Sale. derogation of RERA or Rules framed thereunder. 6 1 The Promoter shall Page 13, Clause 2.1 The Developer shall construct the Project Details of construct the said known as “VENUS”, consisting of Stilt + 10 Upper Floors on the Basement/ground building/s consisting of project land in accordance with the plans, designs and and stilts and ................ basement and specifications as approved by the concerned local authority podiums are not from time to time. The Real Estate Project shall have the mentioned in this ground/ stilt, /................. description and amenities as set out in this Agreement. Except podiums, and ............ clause any alteration or addition required by any Government upper floors on the project authorities or due to change in law, or changes made to exploit land in accordance with the full potential of the said Land or, any change as the plans, designs and contemplated by any of the disclosures already made to the specifications as approved Allottee/s herein. Provided further that the Developer shall by the concerned local have to obtained Allottee/s prior consent for entitled to make modifications, variations, additions or alterations as may be authority from time to deemed fit by the Developer from time to time or in the said time. Flat as may be required by the Developer or the concerned Provided that the authorities or as may be necessary due to architectural and Promoter shall have to structural requirements. obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 7 1.a (i) The Allottee hereby Page 13, Clause 2.2 The Allottee/s hereby agrees to We have modified agrees to purchase from the purchase from the Developers and the Developers hereby agree the cluase Promoter and the Promoter to sell to the Allottee/s, the said Flat No. __________of RERA Carpet Area admeasuring Sq. Feet on ________Floor in the hereby agrees to sell to the building “VENUS” (hereinafter referred to as “the Flat”) as shown Allottee Apartment No. is shown in red colour hatch lines on the floor plan annexed hereto .............. of the type .............. and marked as Annexure “F” for the Sale Consideration of Rs. of __________________/- (Rupees __________________ Only) carpet area admeasuring (inclusive of balconies, staircase, passage and Parking Space) .................... sq. metres on ............ floor in the building __________/wing (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs. ................... including Rs. ................... being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. (the price of the Apartment including the proportionate price of the common areas and facilities and parking spaces should be shown separately). (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee garage bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/- (iii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/-. 1(b) The total aggregate consideration amount for the apartment including garages/covered parking spaces is thus Rs.______/- 8 Not Applicable Page 14, Clause 2.3 The Developers have agreed to sell to the We have added Allottee/s and the Allottee/s has / have agreed to purchase from RERA Carpet Area the Developers the said Flat on the basis of the RERA carpet area Clause only and the Sale Consideration agreed to be paid by the Allottee/s to the Developers is agreed on the basis of the RERA carpet area of the said Flat. 9 1c The Allottee has paid on or Page 14, Clause 2.4 The Allottee has paid on or before execution We have modified before execution of this of this agreement a sum of Rs. ______________/- (Rupees the payment agreement a sum of Rs ______________________ only) as advance payment and hereby schedule agrees to pay to the Developer Total Consideration amount of Rs. __________ (Rupees ______________/- (Rupees _______________________ Only) in ________________________ the following manner: only) (not exceeding 10% of 1. Rs. 30% on Completion of Plinth the total consideration) as advance payment or 2. Rs. 4 % On casting of the First slab. application fee and hereby 3. Rs 4 % On casting of the Second agrees to pay to that slab. Promoter the balance amount of Rs ............................( 4. Rs. 4 % On casting of the Third slab. Rupees 5. Rs 4 % On casting of the Fourth ......................................) in slab. the following manner :- i. Amount of Rs......../-(........) 6. Rs. 4 % On casting of the Fifth slab. (not exceeding 30% of the total consideration) to be paid 7. Rs 4 % On casting of the Sixth slab. to the Promoter after the execution of Agreement ii. 8. Rs. 4 % On casting of the Seventh Amount of Rs......./-(..........) slab. (not exceeding 45% of the 9. Rs 4 % On casting of the Eighth slab. total consideration) to be paid to the Promoter on 10. Rs. 4 % On casting of the Nineth slab completion of the Plinth of the building or wing in which the 11. Rs 4 % On casting of the Tenth slab said Apartment is located. iii. 12. Rs. 5 % On Completion of Walls, Amount of Rs....../-(...........) internal plaster, floorings, (not exceeding 70% of the doors, and windows of the said total consideration) to be paid flat to the Promoter on 13. Rs 5 % On Completion of sanitary completion of the slabs fittings, staircase, lift wells, including podiums and stilts of lobbies, upto the floor level of the building or wing in which the said flat the said Apartment is located. iv. Amount of Rs......./- 14. Rs. 5% On Completion of external (.............) (not exceeding 75% plumbing & external plater elevation, terraces with water of the total consideration) to proofing of the said building or be paid to the Promoter on wing in which the said flat is completion of the walls, located internal plaster, floorings doors and windows of the said 15. Rs. 10% on completion of lifts, Apartment. v. Amount of water pumps, electrical fittings, electromechanical and Rs........./- (...........) (not environment requirement, exceeding 80% of the total entrance lobby/s, plinth consideration) to be paid to protection, paving of areas etc the Promoter on completion of the Sanitary fittings, 16. Rs. 5% Being full and final consideration against staircases, lift wells, lobbies possession/ occupation of the upto the floor level of the said new Flat Apartment. vi. Amount of Rs....../-(.....) ( not exceeding Rs. Total 85% of the total consideration) to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Apartment is located.. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. viii. Balance Amount of Rs...../- (............) against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 10 Not Applicable Page 15, Clause 2.5 The Developer shall issue Demand Letter Entire Clause has to the Allottees intimating the Allottees about the stage-wise been added in payment due as detailed in clause 2.4 (the payment at each Agreement for Sale stage is individually referred to as “the Instalment” and collectively referred to as “the Instalments”). The Allottee/s shall be bound and obligated to pay to the Developer the Instalment Amount within 7 (seven) days of the Developer making a demand for the payment of the Instalment, time being the essence of the contract. 11 Not Applicable Page 16, Clause 2.6 The payment of the Sale Consideration and Entire Clause has Other Charges, taxes, maintenance and outgoings by the been added in Allottee/s in accordance with the provisions of this Agreement, Agreement for Sale is the basis of the sale and is one of the principal, material and fundamental terms of this Agreement (time being the essence). The Developers have agreed to allot and sell the said Flat to the Allottee/s at the Sale Consideration inter-alia upon the Allottee/s having agreed to pay the Sale Consideration and Other Charges, taxes, maintenance and outgoings in accordance with this Agreement. 12 Not Applicable Page 16, Clause 2.7 The Sale Consideration excludes all costs, Entire Clause has charges and expenses including but not limited to stamp duty, been added in registration charges and expenses incidental thereto, Agreement for Sale maintenance and outgoing charges with respect to said Flat together with right to the common areas, amenities and facilities in the Project including the Real Estate Project Amenities (“Other Charges”) set out in the Part A and the Part B of the Third Schedule. The Allottee/s / the other allottees of the Real Estate Project are liable to bear and pay the Other Charges as set out in the Part A and the Part B of the Third Schedule. The Other Charges are tentative and subject to finalization on or before handing over possession of the said Flat. The changes, if any, in the Other Charges as set out in the Part A and the Part B of the Third Schedule shall be intimated by the Developer to the Allottee/s on or before handing over possession of the said Flat to the Allottee/s. The heads of the Other Charges as set out in the Part A and the Part B of the Third Schedule are only indicative and not exhaustive and the Allottee/s agrees to pay such other charges/amounts or such increase in the abovementioned other charges / amounts as the Developer may indicate to the Allottee/s, without any delay or demur. The Allottee/s and unconditionally agrees to pay the Other Charges and has understood and accepted that the payment of Other Charges shall be a precondition for handing over possession of the said Flat. 13 Not Applicable Page 17, Clause 2.8 The Sale Consideration and the Other Entire Clause has Charges above excludes taxes including but not limited to been added in Goods and Service Tax, Property Tax, Swatch Bharat Cess or Agreement for Sale any other similar taxes which may be levied, in connection with the construction of and carrying out the Real Estate Project and/or the said Flat and/or this Agreement. All the aforesaid taxes shall be borne and paid by the Allottee/s alone and the Developers shall not be liable to bear or pay the same or any part thereof. It is clarified that all such taxes, levies, duties, cesses (whether applicable / payable now or which may become applicable / payable in future) including Goods and Service Tax and all other applicable indirect and direct taxes, duties and impositions levied by the Central Government and/or the State Government and/or any local, public or statutory authorities/bodies on any amount payable under this Agreement and/or on the transaction contemplated herein and/or in relation to the said Flat and/or the said Car Parking Space (as defined hereunder), shall be borne and paid by the Allottee/s alone and the Developers shall not be liable to bear or pay the same or any part thereof. 14 1(f) The Promoter may allow, Not Applicable Entire Clause has in its sole discretion, a rebate been omitted for early payments of equal instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. 15 Not Applicable Page 19, Clause 2.11 It is hereby agreed between the Parties Entire Clause has hereto that the measurements of the final RERA carpet areas been added in as aforesaid shall be physically measured after removing all Agreement for Sale finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be solely borne and paid by the Allottee/s alone. After the possession of the said Flat is handed over to the Allottee/s, the Allottee/s shall have no dispute or claim of whatsoever nature with regard to the said Flat or otherwise against the Developers. 16 Not Applicable Page 19, Clause 2.12 The Allottee/s authorizes the Developer Entire Clause has to adjust/appropriate all payments made by him/her under been added in any head(s) of dues against lawful outstanding, if any, in Agreement for Sale his/her name as the Developer may in its sole discretion deem fit and the Allottee/s undertakes not to object/demand/direct the Developer to adjust his payments in any manner. Notwithstanding anything contained herein, each payment made by the Allottee/s shall be appropriated at the discretion of the Developers, firstly to the interest (if any, discharge of any damages,), secondly towards taxes/statutory charges payable/reimbursable (if any) by the Allottee/s (as per the provisions of this Agreement) and lastly towards the principal amount payable by the Allottee/s. It will be the sole discretion of the Developer to appropriate any amounts received from the Allottee/s towards the Sale Consideration or any part thereof or any other amount that may be owed by the Allottee/s to the Developers. The rights of the Developer under this clause are without prejudice to the rights and remedies of the Developers under this Agreement and in law including the right to terminate this Agreement. 17 Not Applicable Page 20, Clause 2.13 All payments shall be made by way of Entire Clause has been added in demand drafts / pay orders / account payee cheques / RTGS / ECS / NEFT or any other instrument drawn in favour of / to the Agreement for Sale account of the Developer set out in the Second Schedule hereunder written. In case of any financing arrangement entered by the Allottee/s with any bank/financial institution with respect to the purchase of the said Flat, the Allottee/s undertakes to direct and ensure that such bank/financial institution disburse / pay all such amounts due and payable to the Developer through RTGS / ECS / NEFT / account payee cheque / demand draft / pay order drawn in favour of / to the account of the Developer more particularly mentioned in the Second Schedule hereunder written. Any payments made in favour of / to any other account other than as mentioned in the Second Schedule shall not be treated as payment towards Sale Consideration in respect of the said Flat. The Developer shall be entitled to change the account (as set out in the Second Schedule) by giving a written notice to the Allottee/s to that effect in which case the payments of the amounts under this Agreement shall be made by the Allottee/s and / or the aforesaid bank/financial institution in such new account. 18 Not Applicable Page 21, Clause 2.14 The Developer shall have a first and Entire Clause has prior charge on the said Flat with respect to any amounts due been added in and payable by the Allottee/s to the Developer under this Agreement for Sale Agreement. 19 Not Applicable Page 21 Clause 2.15 Further, the Allottee/s making Entire Clause has payment of Sale Consideration or part thereof is responsible to been added in deduct tax by way of Tax Deducted at Source (TDS) under Agreement for Sale section 194-IA of the Income Tax Act, 1961 at the rate applicable from time to time and deposit the same to the credit of Central Government and shall issue TDS Certificate(s) in favour of the Developer in the prescribed Form 16B for the same within the statutory period. In the event of any error committed by the Allottee/s while deducting TDS or in E-filing, the same shall be rectified by the Allottee/s / financial institution within a period of 30 (thirty) days from the said error being brought to the Allottee/s / financial institution’s notice. The credit for the TDS amount deposited by the Allottee/s / bank / financial institution will be given to the Allottee/s only upon receipt of the original TDS Certificate and only if the amount mentioned therein matches with the amount appearing in the Income Tax Department website. In the event, the Allottee/s fails to produce the original TDS Certificates for all the payments made by the Allottee/s at the time of handing over possession of the said Flat or within the time prescribed in the Possession Notice, whichever is earlier, the Allottee/s will be required to deposit with the Developer such equivalent TDS amount as interest free deposit, which deposit shall be refunded by Developer to the Allottee/s only upon the Allottee/s furnishing the TDS Certificate within one month from the date of handing over possession of the said Flat. In case the Allottee/s fails to handover all the original TDS Certificates within the stipulated period of one month from the date of handing over or within the period stipulated in the Possession Notice, whichever is earlier, the Developer shall be entitled to appropriate the said deposit against the amount of TDS Certificate receivable from the Allottee/s. The Allottee/s shall also be liable for all costs, expenses, penalties and interest as may be suffered by the Developers on account of delay in furnishing the TDS certificate or otherwise. The Allottee/s hereby indemnify(ies) the Developers from all such costs, expenses, penalties interest, losses and damages as may be suffered by the Developers 20 Not Applicable Page 22, Clause 2.16 The Allottee/s agrees and confirms Entire Clause has that in the event of delay/default in making payment of the been added in GST and TDS or any such taxes or amounts under this Agreement for Sale Agreement as called upon by the Developer, then without prejudice to any other rights or remedies available with the Developers under this Agreement and in law, the Developer shall be entitled to adjust the said unpaid tax amount (along with interest payable thereon from the due date till the date of adjustment) against any amounts received from the Allottee/s and the Allottee/s shall forthwith pay the balance amount due and payable by the Allottee/s to the Developers. 21 Not Applicable Page 23, Clause 2.17 The Allottee/s shall be at liberty to Entire Clause has make the payment of Sale Consideration or part thereof, in been added in advance before the same is due, without any demands of Agreement for Sale rebate on the advance payments made by the Allottee/s towards the Sale Consideration. 22 Not Applicable Page 23, Clause 3.1 The Allottee/s hereby declares and Entire Clause No. 3 confirms that prior to the execution of this Agreement, the has been added in Developers have made full and complete disclosure of their Agreement for Sale right, title and interest in the Real Estate Project and the Allottee has/have satisfied himself / herself / themselves of the particulars and disclosures, including the following: (i) Nature of the right, title and interest of the Developers to the development of the Real Estate Project and the encumbrances thereon; (ii)The drawings, plans and specifications duly approved and sanctioned till date by the sanctioning authorities in respect of theReal Estate Project and the floor plan of the said Flat. (iii) FSI utilized and/or to be utilized in the Real Estate Project. (iv) The nature of the organization to be constituted of the allottees ofthe premises/Flats in the Real Estate Project. (v) The approvals to be obtained, in relation to the Real Estate Project; (vi) Nature of responsibilities of the Developers and Allottee/s under this Agreement; (vii) The various amounts and deposits that are to be paid by the Allottee including the Sale Consideration, Other Charges (as defined below), taxes, maintenance and outgoings. 3.2 The Developers would be entitled to aggregate any contiguous land parcelwith the development of the Larger Land/said Land, in accordance with applicable law, as may be amended, modified and / or re-enacted from time to time. 3.3 The Allottee/s further confirms and warrants that the Allottee/s has independently investigated and conducted legal and technical due diligence in respect of the Real Estate Project and has satisfied himself/herself/themselves in respect of the title thereof and waives his/her/their right to dispute or raise objections in that regard, at any time in future. The Allottee/s confirms that the Allottee/s has been suitably advised by his/her/their Advocate and that after fully understanding and accepting the terms hereof, the Allottee has decided and agreed to enter into this Agreement. The Allottee has accepted the right, title and interest of the Developers in respect of the Real Estate Project and doth hereby agree and undertake not to raise any dispute or objections to the same, any time hereafter. The Allottee/s hereby confirms that the Allottee/s has agreed to purchase the said Flat based on the terms and conditions stated hereunder and that the Developers shall not be held liable for anything not stated in this Agreement. 3.4 It is expressly agreed that the right of the Allottee/s under this Agreement or otherwise shall always be restricted only to the said Flat agreed to be sold and such right will accrue to the Allottee/s only on the Allottee/s making full and final payment of the Sale Consideration, Other Charges (as defined below), taxes, maintenance and outgoings payable in pursuance hereof to the Developers in accordance with this Agreement and only on the Allottee performing and complying with the terms, conditions, covenants, obligations, undertakings etc. as contained herein without any breach of the same. 3.5 The Allottee/s agree that in the event of any change in plan due to statutory requirements or otherwise, the Developers shall have option to allot any other Flat /premises, of the same area mentioned in this Agreement, in lieu of the said Flat hereby agreed to be sold. Provided that Sale Consideration shall be adjusted at the same rate as agreed herein. 23 Not Applicable Page 25, Clause 4.1The Developer has agreed to provide for We have added the exclusive use of the Allottee/s with the said Flat, car Clause No. 4 parking space in the Mechanical/ Robotic Parking System towards Parking (which may be in the form of a tandem parking, puzzle parking Spaces or stack parking or any other form of automated or mechanical or robotic parking) as more particularly set out in the Second Schedule hereunder written (hereinafter referred to as “said Car ParkingSpace”). It is clarified that the car parking spaces of the Real Estate Project shall be comprised in the Basement Parking Spaces and Stilt Parking Spaces (hereinafter collectively referred to as “the Parking Spaces”). The Allottee/s agrees and acknowledges that: i. The said Car Parking Space is provided for exclusive use by the Allottee/s. The Allottee/s will be bound to abide by the rules and regulations as may be framed in regard to the said Car Parking Space by the Developer and shall pay such outgoings in respect of the said Car Parking Space as may be levied by the Developer. ii The Developer shall identify and allocate the said Car Parking Space simultaneously with offering possession of the said Flat. The decision of the Developer with respect to such identification and allocation of the said Car Parking Space shall be final and binding on the Allottee/s and the Allottee/s hereby agrees for the same and undertakes not to dispute such allocation, the size, location and type of arrangement and / or for any reason whatsoever at any time in future. iii The Allottee/s undertakes not to sell/transfer/lease or give onlicense or in any other manner part with the said Car Parking Space allotted to him/her. The rights of the Allottee/s in respect of the said Car Parking Space shall be co-extensive and co-terminus along with this Agreement. The Allottee/s agrees that unauthorizeduse of the Car Parking Space will tantamount material breach of the terms of this Agreement. For such breach, the Developer shallhave the right inter-alia to levy such penalty or take such action as theymay deem fit. iv The Allottee/s undertakes to pay such maintenance charges in respect of the said Car Parking Space as may be decided by the Developer or the Society / the Societies from time to time. v The Developer hereby clarifies that the robotic/automated/ mechanical Car Parking System are purchased from third party vendor/s and the same are subject to normal wear and tear and is also susceptible to malfunctioning. It may require shut down for repairs and maintenance. The Allottee/s waives any and all claims, liabilities against the Developer and / or its affiliates or their successors in case he/she/it/they experience any malfunctioning orshut down for any period or for want of electricity etc. Further, the obligation of the Developer to maintain such mechanical Car Parking Space shall be limited to the extent of the warranty periodor until offering in writing to hand over the management of the same to the Society / the Societies of allottees, whichever is earlier. The Allottee/s agrees not to withhold the maintenance to be paid towards the said Flat and/or the Car Parking Space for any reason whatsoever. Page 26, Clause 4.2 The Allottee/s is aware that just as the said Car Parking Space will be for his/her/its exclusive use, similar exclusive usage right of the respective parking space/s to other allottee/s of the premises in the New Building shall be granted by the Developer and the same shall be binding on the Allottee/s, his nominees and assigns. The details of the allocation of the parking spaces will be handed over to the Society (defined hereunder), as and when formed. The Allottee/s shall cause the Society to ratify the parking permission/allocation in favour of the Allottee/s and further that the Allottee/s shall not cause the Society to the change the allocation of parking spaces of other allottee/s. The Allottee/s shall be permitted to usethe said Car Parking Space, subject to the rules and regulations of the Society. 24 Not Applicable Page 26 Clause 5.1 The Developer hereby declare that the Entire Clause 5 has Developer proposes to u lize the Full Poten al FSI on the been added in the Developable Land to construct the New Building by availing of Developers Transferable Development Rights (“TDR”) or FSI available on Agreement for payment of premiums or FSI available as incen ve FSI by Sale. Rights and implemen ng various scheme as men oned in the DCPR or based on expecta on of increased FSI which may be available Entitlements of the in future on modifica on to DCPR, which are applicable to the Developers. Real EstateProject. The Allo ee/s has agreed to purchase the said Flat based on the proposed construc on and sale of Flats to be carried out by the Developer by u lizing the aforesaid proposed FSI and on the understanding that the declared proposed FSI shall belong to Developers only. Page 27 Clause 5.2 The Real Estate Project Ameni es may not be ready and opera onal at the me of handing over the possession of the said Flat to the Allo ee/s. The Developer contemplates to complete and provide the Real Estate Project Ameni es only a er the comple on of the en re Real Estate Project and obtainment of the occupa on cer ficate thereof. The Developer reserves their rights to subs tute, upgrade, modify, delete, relocate or enhance any or all the Real Estate Project Ameni es, for which the Allo ee/s hereby confirms such right of the Developer and shall not raise any objec ons to such subs tu on, upgrada on, modifica on, dele on, reloca on or enhancement. Though the Real Estate Project Ameni es shall form part of the New Building, but they may be used by the Allo ee/s only in accordance with the rules and regula ons framed by the Developer and / or the Society / the Socie es, from me to me. Page 27 Clause 5.3 The Developers shall be en tled to club, amalgamate the development/redevelopment of the said Land with adjacent/adjoining proper es or any other proper es. The same may be taken as a common integrated layout with the said Land/Developable Land (or part thereof) or otherwise, subject to necessary approvals/sanc ons from the concerned authori es. For this purpose, the Developers shall be en tled to take steps including but not limited to following: i. Amalgamate and / or club schemes of development of the adjoining proper es, other proper es, land plates, land composi on and land mix. ii. Float FSI/TDR from the Larger Land onto the other land / proper es and / or from the other land / proper es onto the said Land/Developable Land and undertake consequent construc on, development, sale, marke ng and aliena on. iii. Amend, modify and/or subs tute the plans, in full or in part, as may be required by them from me to me in accordance with lawand / or as stated / disclosed herein. iv. Provide common access and entry and exit points to and from the said Land/Developable Land (or part thereof) and the other proper es, which may be used in common by the allo ees/occupants of premises/Flat constructed on the said Land/Developable Land (or part thereof) and the balance por on of the said Land/Developable Land and other proper es. v. Upon such acquisition, clubbing or amalgamation of other lands /properties the magnitude and scope of the Real Estate Project and / or the said and/Developable Land shall vary and modify in accordance with the actual acquisition of other lands / properties /projects. Page 28, Clause 5.4 The Developer shall formulate the rules, regula ons and bye-laws for themaintenance and upkeep of the Real Estate Project. Page 28, Clause 5.5 All the revenues generated of any nature whatsoever from the Real Estate Project including from the Real Estate Project Ameni es ll the date of handing over management and maintenance of the Real Estate Project to the Society / the Socie es shall solely belong to the Developers, and neitherthe Allo ee/s nor the Society / the Socie es and / or any other allo ee of the Real Estate Project shall have any claim over the same. The Allo ee/shereby agrees not to raise any dispute and / or claim in any benefit or revenues arising from the Real Estate Project which belongs to the Developers. Page 28, Clause 5.6 The Allo ee/s agrees that the Developers shall be en tled to amend the sanc oned/proposed plans in order to u lise the maximum development poten al (present/future) of the said Land, in accordance with the plans asmay be approved by the MCGM, but without altering the loca on, area and internal ameni es of the said Flat agreed to be acquired the Allo ee/s under this Agreement. Page 29, Clause 5.7 The Allo ee/s agrees that the Developers shall be en tled to deal with, sellor otherwise dispose of any part of the New Building on the Developable Land and to permit the same to be u lised for any purpose and shall be en tled to obtain change in user thereof at the sole discre on of the Developer. Page 29, Clause 5.8 The Allo ee/s agrees that the Developers shall be en tled to construct any addi onal floor/s and/or facility as may be permi ed under the applicablelaw and as per the sanc oned plans. Page 29, Clause 5.9 The Allo ee/s agrees that the Developers shall be en tled to construct a temporary structures including any site offices/ show flats/ site lounges within the Real Estate Project in connec on to the development of the said Land / Developable Land and to access/use the same any me without any restric ons whatsoever including to use any of the premises constructed in the New Building as sample flat/show flat for representa onal purposes un l the development of the said Land and/or adjoining lands, if any, is completed in all respects. Page 29, Clause 5.10 The Allo ee/s agrees that the Developers shall be en tled to market, sell, transfer, mortgage, alienate and dispose of or grant rights with respect to the units/premises/spaces/areas in the Real Estate Project and all its right, tle and interest therein. Page 29, Clause 5.11 The Allo ee/s agrees that the Developers shall be en tled to put signage/boards to reflect the name of ‘PODDAR’/ ‘PODDAR GROUP’ (and/or any other brand name the Developer is en tled/permi ed to use or as desired by the Developer ) on the façade, terrace, compound wall and/or any other part/loca on of the Real Estate Project, as the Developer in its sole, absolute and unfe ered discre on may deem fit. The Developers shall have the exclusive right to put up signage, hoarding, and all other forms of adver sement board whatsoever within the said Land. The Developers shall be en tled to place, select, decide and put hoarding/boards of their Logo and/or Brand Name or any other Logo and/or Brand name as decided by the Developers from me to me, in perpetuity in the form of Neon Signs, illuminated/ non- illuminated boards, MS Le ers, and Vinyl & Sun Boards or any other form (“Sign Board”) on the Real EstateProject and on the façade, terrace, compound wall or other part of the RealEstate Project and shall be en tled to all the revenues arising from the same. The Developers or its nominee shall have right of ingress and egressto such Sign Board at all the mes for the purposes of repairs and maintenance or otherwise and the Allo ee/s or the Society / the Socie esof the purchasers in the Real Estate Project shall not directly or indirectlyobstruct the same. The Allo ee/s shall not be en tled to raise any objec on or claim or any abatement in the price of the said Flat and/or claim any compensa on or damage on the ground of inconveniences or any other ground whatsoever from the Developer. The Developers has and shallcon nue to have right to obtain separate electricity meter for such Sign Board and they shall pay the electricity bills for the same. The Developers shall not be liable to pay any fees, charges or moneys for the same to the Society / the Socie es. The Developer shall have an license in perpetuity with respect to air rights and branding rights upon the Real Estate Project and the right to designate and brand the development of the Real Estate Project as an ‘Poddar Group’ project. Page 30, Clause 5.12 In the event of the Society being formed and registered before the sale and disposal by the Developer of all the premises in the Real Estate Project, the power and authority of the Society so formed or that of the Allo ee/s and the allo ee/s of other premises in the Real Estate Project shall be subject to the overall authority and control of the Developer in respect of any of the ma ers concerning the Real Estate Project, the construc on and comple on thereof and all the ameni es pertaining to the same and, in par cular, the Developer shall have the absolute authority and control as regards the unsold premises, un- allo ed/unassigned car parking spaces and the disposal/alloca on thereof. Page 30, Clause 5.13 If at any me before or during the currency of the development of the said Land/Developable Land, any part of the same is taken over by the government authori es or any regulatory authori es on account of the same forming part of any D.P. Road, set back area and/or for any other purpose, to any ins tu on or body whether central or state government orany local corpora on or any authority making claim over it, and the Developer is required to hand over that area, then in that case the Allo ee/sshall not object to the same and in case any compensa on is received from the said authority whether monetary or otherwise including but not limitedto grant of any FSI/TDR/any permission to put up any addi onal floors orgrant of any incen ve FSI (which will be over and above the declared/disclosed aggregate FSI), the Allo ee/s shall not have any claimon the same and the same shall vest in and belong solely to the Developer. Similarly, if in case the Developer is required to develop any kind of road,approach road, access area, any nallah or sewerage area and the Developerdevelops the same, whether or not the same forms a part of the said Land/Developable Land and in that case if on account of such development of the same, MCGM or any other authority rewards any benefit whether monetary or otherwise, the Allo ee/s agrees that the Allo ee/s shall not have any sort of claim on the same and the same shall vest in and belong solely to the Developer. 25 1(h) The Allo ee authorizes Not Applicable Entire Clause has the Promoter to been deleted adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discre on deem fit and the Allo ee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 26 3. The Promoter hereby Not Applicable Entire Clause has declares that the Floor Space been deleted Index available as on date in respect of the project land is ..................... square meters only and Promoter has planned to u lize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incen ve FSI by implemen ng various scheme as men oned in the Development Control Regula on or based on expecta on of increased FSI which may be available in future on modifica on to Development Control Regula ons, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of _______ as proposed to be u lized by him on the project land in the said Project and Allo ee has agreed to purchase the said Apartment based on the proposed construc on and sale of apartments to be carried out by the Promoter by u lizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 26 4.1 If the Promoter fails to Page 43, Clause 6.1 If the Developer fails to abide by the time We have change abide by the time schedule for schedule for completion and offering of the said Flat to the the clause in by completing the project and Allottee/s on/or before the PossessionDate (as defined below), including handing over the subject to Force Majeure Events as stated hereinbelow, the [Apartment/Plot] to the subject to Force Allottee/s shall be entitled to either: Allottee, the Promoter agrees Majeure Events as i. Call upon the Developers by giving a written notice by courier to pay to the Allottee, who stated or E-mail or Registered Post A.D. (“RPAD”) at the address does not intend to withdraw hereinbelow, the provided by the Developers (“Interest Notice”), to pay interest from the project, interest as Allottee/s shall be at the prevailing rate of State Bank of India Highest Marginal specified in the Rule, on all the entitled to either: Cost of Lending Rate plus 2% thereon (“Interest Rate”), on all amounts paid by the Allottee, the amounts paid by the Allottee/s towards the Sale (i) Call upon for every month of delay, till Consideration till the date on the Interest Notice, for every the Developer by the handing over of the month of delay, till the offering the possession of the said Flat. giving a written possession. The Allottee OR notice by courier or agrees to pay to the Promoter, ii. Terminate this Agreement by giving written notice to the E-mail or interest as specified in the Developers by RPAD at the address provided by the Developers Registered Post Rule, on all the delayed (“Allottee/s Termination Notice”). Except for the failure of the A.D. (“RPAD”) at payment which become due Developer to offer the possession of the said Flat on or about the address and payable by the Allottee to the Possession Date (subject to Force Majeure Events), the provided by the the Promoter under the terms Allottee/s shall have no right to terminate this Agreement. On Promoters of this Agreement from the the receipt of the Allottee/s Termination Notice by the (“Interest Notice”), date the said amount is Developers, this Agreement shall stand terminated and payable by the allottee(s) to we have added cancelled forthwith. Withina period of 30 (thirty) days from the the Promoter. clause 6.2 to 6.11 date of receipt of the Allottee/s Termination Notice by the for the delay in Developers, the Developers shall (subject to deduction / 4.2 Without prejudice to the payment from the adjustment of the bank loan, if any, availed by the Allottee/s right of promoter to charge allottees and for from any Bank / Financial Institution against the mortgage / interest in terms of sub clause Termination of security of the said Flat and applicable taxes including but not 4.1 above, on the Allottee Agreement. limited to GST, stamp duty and registration charges and committing default in outgoings, the balance amounts of the Sale Consideration, if payment on due date of any any) refund to the Allottee/s the balance amounts already amount due and payable by received by the Developers under this Agreement with interest the Allottee to the Promoter thereon at the Interest Rate to be computed from the date the under this Agreement Developers received such amount/part thereof till the date (including his/her suchamounts with interest at the Interest Rate thereon are proportionate share of taxes duly repaid simultaneously with the Allottee/s executing and levied by concerned local registering a deedof cancellation of this Agreement. On such authority and other repayment of the amounts payable by the Developers (as outgoings) and on the allottee stated in this Clause) to theAllottee/s, the Allottee/s shall have committing three defaults of no claim of any nature whatsoever against the Developers payment of instalments, the and/or the said Flat and/or the Car Parking Space and the Promoter shall at his own Developers shall be entitled to deal with and/or dispose-off the option, may terminate this said Flat and/or the Car ParkingSpace in the manner it deems fit Agreement: Provided that, and proper, without any suit, claimor demand of the Allottee/s Promoter shall give notice of in any nature whatsoever. It is agreed and clarified that the fifteen days in writing to the Developers are not and shall not in any way beliable for the Allottee, by Registered Post payment of any loans taken by the Allottees from anybanks and AD at the address provided by / or financial institutions or otherwise for purchasing thesaid the allottee and mail at the e- Flat. If the Allottee/s does not settle the bank loan and execute mail address provided by the and register the deed of cancellation within 15 (fifteen) days Allottee, of his intention to from the date of the Developers receiving the Allottee/s terminate this Agreement and Termination Notice, the Developers shall cease to be liable to of the specific breach or pay any interest thereafter to the Allottee/s and the breaches of terms and Developers shall be at liberty to sell and transfer the said Flat conditions in respect of which and assign the CarParking Space, if any, to any third party of its it is intended to terminate the choice on such terms and conditions as the Developer may Agreement. If the Allottee fails deem fit in its sole discretion. In case the Allottee/s elects his to rectify the breach or remedy under Clause 6.1(i) above, then in such a case the breaches mentioned by the Allottee/s shall not be entitled to the remedy under Clause Promoter within the period of 6.1(ii) above and vice-versa, save andexcept as deemed fit by notice then at the end of such the Developer. notice period, promoter shall Page 32, Clause 6.2 If the Allottee/s commits default in payment on due date of any amount due and payable by the be entitled to terminate this Allottee/s to the Developers under this Agreement (including Agreement. his/her proportionate share of taxes levied by concerned local Provided further that upon authority and other outgoings), the Allottee/s shall pay to the termination of this Agreement Developers interest at the Interest Rate, on all and any such as aforesaid, the Promoter delayed payments computed from the date of the Demand shall refund to the Allottee and Tax Invoice till the date suchamounts are fully and finally (subject to adjustment and paid together with the interest thereon at theInterest rate. recovery of any agreed Page 32, Clause 6.3 Without prejudice to the right of the liquidated damages or any Developers to charge interest at the Interest Rate and any other amount which may be other rights and remedies available to the Developers, in the payable to Promoter) within a event of the Allottee/s committing default in payment on due period of thirty days of the date of any amount due and payable by the Allottee/s to the termination, the instalments Developers under this Agreement (including but not limited to of sale consideration of the his/her/its proportionate share of property taxes levied by Apartment which may till then concerned local authority, Other Charges, direct or indirect have been paid by the Allottee taxes, maintenance and outgoings etc.,) and on the Allottee/s to the Promoter. committing 3 (three) defaults of payment of instalments, or breach of any of the provisions of this Agreement, the Developers shall at its own option be entitled to terminate this Agreement. Provided that, Developers shall give notice of 15 (fifteen) days in writing to the Allottee/s, by RPAD at the address provided by the Allottee/s and mail at the e-mail address provided by the Allottee/s, 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/s fails to rectify the breach/s mentioned by theDevelopers within the period of aforesaid notice then at the end of such notice period, the Developers shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Developer shall refund to the Allottee/s (subject to adjustments and recovery of the said Deductions [as defined hereinbelow] or any other amounts which may be payable to the Developer) within the period of 30 (thirty) days of the termination, the instalments of Sale Consideration in respect of the said Flat which may till then have been paid by the Allottee to the Developer. Page 33 Clause 6.4 Simultaneously with the termination of this Agreement and prior to refundof the Sale Consideration, if any, as aforesaid, the Allottee/s shall, without demanding any money, execute and register, the deed of cancellation or such other documents (as may be required by the Developers) (“Deeds”) in respect of the said Flat confirming the termination in the form and manner as may be required by the Developers. The Allottee/s shall execute and register the above Deeds within 15 (fifteen) days of the receipt of intimation from the Developers which shall be prior to refund of the Sale Consideration, if any, as aforesaid by the Developer and shall return all the original documents with regards to this transaction including inter alia this Agreement to the Developer. The Parties further confirm that any delay or default in execution / registration or non-execution of the Deeds shall not prejudice the cancellation, the Developers’ right to terminate this Agreement and / or adjust and recover the said Deductions and theDevelopers right to sell/transfer the said Flat including but notlimited to Car Parking Space, if any, to any third party (as set out below). Page 33 Clause 6.5 Further, upon the termination of this Agreement by the Developer, the Allottee/s shall cease to have any right, title and / or interest in the said Flat and / or the said Car Parking Space, if any, and the Developers shall be entitled to deal with and/or dispose of or alienate the said Flat and the said Car Parking Space, if any, in the manner as the Developers may deem fit without any reference to the Allottee/s and without any suit, claim or demand of the Allottee/s in any manner whatsoever. Also, the Developers shall be entitled to deduct from the Sale Consideration paid by the Allottee/s the following amounts (“the said Deductions”) (a) pre-quantified and agreed liquidated damages equivalentto 9.9% (Nine point Nine percent) of the Sale Consideration (“Pre- Quantified Liquidated Damages”) and any losses that may be caused toor suffered by the Developers, (b) brokerage, if any, paid by the Developersto channel partner/agent, (c) all other unpaid taxes and outgoings in respectof the said Flat up to the date of the Developers’ Termination Notice, (d) the amount of interest payable by the Allottee/s on account of default committed by it/him/her/them, I amount of stamp duty and registration charges and expenses and/or any other administrative charges incidental thereto payable on the deed of cancellation, (f) in case the Allottee/s has opted for subvention scheme, the total amount of pre-EMI interest paid and /or payable by the Developer (in their discretion), if any, to the lending bank/financial institution, (g) any amount/ interest reimbursed byDevelopers to the Allottee/s, (h) in case the Allottee/s has availed any loan against mortgage of the said Flat, then all amounts disbursed by thelending Bank/Financial Institution to the Developers, which amounts may be refunded by the Developers (in their discretion), if any, to such lending bank/financial Institution directly. Page 34, Clause 6.6 Further, upon termination of this Agreement, the Developers shall not be liable to pay to the Allottee/s any interest, compensation, damages, costs or expenses or any other amount and shall also not be liable to reimburse to the Allottee/s any incidental costs including but not limited to GST, stamp duty, registration fees etc. Page 34, Clause 6.7 The Allottee/s waives his/her right to raise any objection to the said Deduction or adjustment or appropriation of the said Deductions and acknowledges that the amount of the said Deduction is reasonable considering the consequent hardship and inconvenience that would be caused to the Developers. The understanding arrived at in this Clause formsthe material and fundamental basis on which the Developers have agreed tosell the said Flat to the Allottee/s. page 34, Clause 6.8 Without prejudice to rights and remedies available to the Developers under this Agreement and under the law, the Allottee/s agrees that if the Allottee/s has taken a loan from any bank/financial institution against thesecurity of the said Flat with NOC of the Developers and this Agreement is terminated by either party then in that case Allottee/s hereby undertakes to clear the entire mortgage, debt, or any other outstanding amount and to obtain necessary letter/ confirmation from such bank/financial institution stating clearance of mortgage, etc., and that the bank/financial institution shall have no recourse against the Developers or the said Flat. Page 35, Clause 6.9 Notwithstanding anything contained herein, in case, upon either of the Party cancelling the allotment of the said Flat and termination of this Agreement, the Developers shall after deducting all the costs set out inthis Agreement, first offer the balance amount, if any, to the bankers/financial institutions who had disbursed the amount from the sanctioned limit against return of the original of this Agreement and only thereafter the balance, if any, shall be refunded to the Allottee/s in terms of this Agreement. Page 35, Clause 6.10 The Developers herein has specifically informed the Allottee/s that if in case, any inquiry is raised by any statutory or Government or Semi- Government Authority or any agency or Revenue Authorities or any other statutory authority pertaining to the amount paid by the Allottee/s to the Developers, the Allottee/s alone shall be liable to provide the source of the amount paid by the Allottee/s to the satisfaction of such authorities or agency as the case may be. In case, the Allottee/s fails to provide information to the satisfaction of the concerned authorities and consequently any action is initiated by them, the Allottee/s alone shall be liable for all costs and consequences thereof. Page 35, Clause 6.11 The Allottee/s agrees that in the event of termination and/or determinationof this Agreement, it will be obligation of the Allottee/s to claim the refundof TDS amount, if any, from the Income Tax Department and the Developers shall not be responsible for the same. 27 5 The fixtures and fittings with NA Not included in our regard to the flooring and agreement sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoter in the said building and the Apartment as are set out in Annexure 'E', annexed hereto. 28 Not Applicable Page 35, Clause 7.1 The Developer shall be entitled to Entire Clause No. 7 negotiate and enter into appropriate arrangement/ has been added in agreement with the utility providers (“Utility Providers”) i.e., Developers entities providing gas, water, electricity, telephone, cable Agreement for Sale television, internet services and such other service of mass consumption, etc., (“Utilities”) for supplying of these utilities to the allottees in the Real Estate Project including the Allottee/s herein. Upon arriving at such arrangement, the Allottee/s agrees to avail these or any of these utilities from the Utility Providers nominated by the Developer and pay such amount as may be fixed by the concerned Utility Providers. This Clause shall not be interpreted / construed to mean that the Developers are obligated / liable to provide all or any of the Utilities whether or not the Developers have entered into agreements / arrangements with any person, or otherwise the Developers are in a position to provide all Utilities or anyof them. Page 36, Clause 7.2 The Developer shall have the right to undertake, upkeep and maintenanceof the Real Estate Project including for the Real Estate Project Amenities and in this regard shall have the right to enter into contract, agreement with any third party / vendors / agency for the purpose of maintenance and upkeep of the Real Estate Project including for the Real Estate Project Amenities (“Services”) in full or in part and such decision shall be final and binding upon the Allottee/s (“Facility Manager/s”). The tenure of Facility Manager/s shall be until the Developer offer to hand over the management and maintenance of the Real Estate Project to the Society / the Societies and/or until such other period as may be decided by the Developer . Upon handing over management and maintenance of the RealEstate Project to the Society / the Societies, the Society / the Societies shall be entitled to undertake the management and maintenance of the Real Estate Project including the Real Estate Project Amenities. The Developer may also formulate the rules and regulations for the maintenance and upkeep of the Real Estate Project including the Real Estate Project Amenities and the Allottee/s hereby agrees and undertakes to abide and follow and not to commit breach of any of the provisions of such rules, regulations and bye-laws. Page 36, Clause 7.3 The Developer shall have the right to designate any space in the Real Estate Project or any part thereof to the Utility Provider/s and the FacilityManager/s for the purpose of facilitating the provision and proper maintenance of Utilities and Services to be availed by the allottees of the Real Estate Project. The Developer shall also be entitled to designate any space in the Real Estate Project to Utility Provider/s and the Facility Manager/s either on leave and license or leasehold basis or in any other manner acceptable to Utility Provider/s or the Facility Manager/s for the purposes of providing the Utilities and the Services in the Real Estate Project. Page 36, Clause 7.4 Notwithstanding any other provision of this Agreement, the Developer has right to and shall be entitled to nominate any one or more person/company as Facility Manager/s and the Utility Provider/s. The Developer has the authority and discretion to negotiate with such Facility Manager/s and/or the Utility Provider/s and to enter into and execute formal agreement/s for maintenance and management of infrastructure with the Facility Manager/s and the Utility Provider/s. The cost incurred in appointing the Facility Manager/s and the Utility Provider/s shall be borne and paid by the Allottee/s / residents / occupiers of the premises comprised in the Real Estate Project in the manner as may be determinedby the Developer. Such charges would be levied on the basis of the TotalArea of the said Flat and the Allottee/s agrees that it/he/she/they shall not raise any dispute regarding the appointment of any such FacilityManager/s and the Utility Provider/s by the Developer or towards charges payable to Facility Manager/s and the Utility Provider/s as determined by the Developer. The cost of maintenance and management of the Real Estate Project shall be borne and paid by the Allottee/s of the premises in the Real Estate Project alone. Page 37, Clause 7.5 The Allottee/s agrees to abide by any and all terms, conditions, rules and/or regulations that may be imposed by the Developer and/or the Facility Manager/s including without limitation, payment of the Allottee/s’s share of the service charges that may become payable with respect to the operation and maintenance of the common areas and facilities of the Real Estate Project and the Real Estate Project Amenities. Page 37, Clause 7.6 Upon formation of the Society / the Societies and handing over of the management of the operation and maintenance of the Real Estate Project to the Society / the Societies, the Developer shall novate and assign the agreements executed with the Facility Manager/s and the Utility Provider/s in this regard to the Society / the Societies by executing necessary deeds and documents with the Society / the Societies. The Developer shall have right to terminate and/or replace the Facility Manager/s and/or the Utility Provider/s in its sole discretion. Page 37, Clause 7.7 Any management fees / service charges payable to the Facility Manager/sand the Utility Manager/s in terms of the service agreements stated above shall be proportionately borne and paid by the Allottee/s and other allottees of the Real Estate Project. Page 37, Clause 7.8 The Developers have not given and shall not give any representation and /or warranty with respect to quality, sufficiency and / or adequacy of the Services and Utilities availed from the Facility Manager/s and/or the Utility Manager/s and that the Developers shall not in any manner be liablefor any claim of any nature whatsoever, for any defects and / or any deficiency in the services provided or rendered by them under the agreements executed with the Facility Manager/s and/or the Utility Manager/s in this regard or even otherwise with respect to the services and/or utilities provided by them. Further, the Developers shall not be liable for any warranty or guarantee offered by such the Facility Manager/s and the Utility Manager/s providers for any Services and Utilities, and it will be strictly between the Allottee/s and such Facility Manager/s and/or the Utility Manager/s. 29 6 The Promoter shall give Page 38, Clause 8. The Developer shall endeavor to complete We have altered possession of the Apartment the construction of the said Flat and obtain the part / full the clause. to the Allottee on or Occupation Certificate from the Slum Rehabilitation before................. day of Authority/MCGM and/or the concerned authority, in respect of the said Flat on or about the date as more particularly ..............20___. If the mentioned in the Second Schedule hereunder written Promoter fails or neglects to (“Possession Date”), subject to the Allottee/s being in give possession of the compliance of all its roles, responsibilities and obligations Apartment to the Allottee on under this Agreement including timely payment of Sale account of reasons beyond his Consideration and the Other Charges. Provided that the control and of his agents by Developer shall be entitled to reasonableextension of time for the aforesaid date then the giving delivery of the said Flat on the aforesaid date, if the completion of building in which the said Flat is to be situated Promoter shall be liable on is delayed on account of any of the following factors (“Force demand to refund to the Majeure Events”): Allottee the amounts already (i) War, civil commotion, fire, flood, drought, cyclone, received by him in respect of earthquake oract of God; and the Apartment with interest at (ii) Any notice, order, rule, notification of the Government the same rate as may and/or other public or statutory authority or competent mentioned in the clause 4.1 authority/court/tribunal/ high power committee etc. 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 30 7.1 Procedure for taking Page 38, Clause 9.1 Upon obtaining the Part/Full occupancy We have possession - The Promoter, certificate from the competent authority inrespect of the said changes the upon obtaining the occupancy Flat and upon payment made by the Allottee/s as per this days of notice certificate from the Agreement, the Developer shall offer in writing to the from 3 competent authority and the Allottee/s to take the possession of the said Flat, within 15 months to 15 payment made by the Allottee (fifteen) days from the date of issue of such notice and the days. as per the agreement shall Developer shall give possession of the said Flat to the offer in writing the possession we have also Allottee/s ("Possession Notice”). The Allottee/s shall be liable of the [Apartment/Plot], to included point no to pay the Other Charges, taxes, maintenance andoutgoings as the Allottee in terms of this 9.3 and 9.4 determined by the Developer from the date of Possession Agreement to be taken within Notice. The Developer on its behalf shall offer the possession 3 (three months from the date to the Allottee/s in writing within 7 (seven) days of receiving of issue of such notice and the the occupancy certificate of the said Flat. The Allottee/s shall Promoter shall give take possession of the said Flat within 15 (fifteen) days from the possession of the date of the Possession Notice. The Developer shall not be [Apartment/Plot] to the responsible in any manner whatsoever in case of any Allottee. The Promoter agrees attachment or other proceedings that may be made or taken and undertakes to indemnify in respect of the Real Estate Project by the concerned the Allottee in case of failure authorities due to non-payment of taxes, electricity bills of fulfilment of any of the and/or other dues etc. to the said authorities on account of provisions, formalities, default in making payments of the said taxes, electricity bills documentation on part of the and/or other dues etc., by the Allottee/s or other allottee/s of Promoter. The Allottee the premises therein and/or their failing to comply with their agree(s) to pay the obligationsunder this Agreement/their respective agreements. maintenance charges as Page 39, Clause 9.2 Upon receiving the Possession Notice from determined by the Promoter the Developer as agreed above, the Allottee/s shall take or association of allottees, as possession of the said Flat from theDeveloper by executing the the case may be. The necessary indemnities, undertakings and such other Promoter on its behalf shall documentation as may be prescribed by the Developer, and offer the possession to the the Developer shall give possession of the said Flat to the Allottee in writing within 7 Allottee/s. Irrespective of whether the Allottee/s takes or fails days of receiving the to take possession of the said Flat within 15 (fifteen) days from occupancy certificate of the the date of the PossessionNotice, the Allottee/s shall become Project. liable to bear and pay his/her/its proportionate share of 7.2 The Allottee shall take maintenance and outgoings i.e. in proportion to theTotal Area possession of the Apartment of the said Flat from the Possession Notice, including inter-alia, within 15 days of the written local / property / municipal taxes, betterment charges, other notice from the promotor to indirect taxes of every nature, or such other levies by the the Allottee intimating that MCGM or othercompetent authority or local authority and/or the said Apartments are ready Government water charges,insurance, common lights, repairs for use and occupancy: and salaries of clerks, bill collectors, managers, security guards, sweepers and all other expenses necessary andincidental to the management and maintenance of the Real Estate Project, as per the terms provided herein. Until the Society / the Societies is / are formed and the management and maintenance thereof is offered to the Society / the Societies, the Allottee/s shall pay to the Developers such proportionate share of outgoings as may be determined by the Developer at its sole discretion. Page 39, Clause 9.3 The Allottee/s shall, before delivery of possession of the said Flat in accordance with this Clause, pay to the Developers such amounts as mentioned in the Part A and the Part B of the Fifth Schedule. The amountsmentioned in the Part A of the Fifth Schedule shall not be accountable bythe Developers. The amounts mentioned in the Part B of the Fifth Scheduleshall be accounted only to the Society / the Societies of the allottees / the purchasers of the premises in the Real Estate Project and not to the Allottee/s individually and shall not carry any interest. The interest if anyon such amounts shall solely be the entitlement of the Developers. The Other Charges are tentative and are liable to be revised by the Developer.The Allottee/s shall make payments of such amounts as more particularlymentioned in the Part A and the Part B of the Fifth Schedule, to the bank account of the Developers, as detailed in the Fifth Schedule hereunder written or as may be prescribed by the Developers. The Allottee/s shall bear and pay (or reimburse to the Developer), the GST (and other taxes/levies) as may be chargeable on all or any of the amounts comprised in the OtherCharges payable by the Allottee/s in accordance with this Agreement. Page 39, Clause 9.4 Upon taking possession of the said Flat, the Allottee/s may undertake fit out/renovation works of the said Flat and for the said purposes, the following terms will be applicable: i. the Allottee/s shall undertake fit out/renovation works of the said Flat at his/her/its own costs, risks and expenses in accordance with the fit-out guidelines/manual as provided by the Developer (“Fit Out Guidelines”) (including all terms and conditions laid down by the concerned authorities while granting development approvals) and after obtaining written approval of the Developer/Society/competent authority (as the case maybe). For the purpose of NOC, the Allottee/s shall submit to the Developer/Society, (as the case maybe), the complete plans/drawings with all specifications (certified by a certified structural engineer appointed by the Allottee/s) before starting fit-out/ renovation works. ii. The Developer shall be entitled though not obliged to inspect all fit- out works /renovation works carried out by the Allottee/s. In the event the Developer finds that the nature of fit-out /renovation works being executed by the Allottee/s is harmful to the said Flat or to the adjoining premises or to the Real Estate Project or any part thereof and/or is not in accordance with the FitOut Guidelines and/or is in breach of the terms and conditions of the development approvals/this Agreement, the Developer can require the Allottee/s to stop such fit out/renovation works and theAllottee/s shall stop such fit out/renovation works at once, withoutraising any dispute and restore the said Flat to its original condition at the Allottee/s costs and expenses. iii. The Allottee/s shall on completion of the fit out/renovation worksin the said Flat, submit to the Developer without delay, a completion letter stating therein that the fit out/renovation works in the said Flat have been carried out in accordance with the plans/drawings submitted to the Developer/Society (and approved)and the Developer’s/Society’s NOC as aforesaid. iv. Neither the Allottee/s nor his architects/contractors/interior designers, while carrying out fit out/renovation works in the said Flat, shall carry out any additions or alterations which maybe detrimental or likely to cause damage or weakening of the said Premises / exterior walls / adjoining premises / RCC structure / columns / beams / the said Building. In particular, the RCC members/walls should not be punctured, altered, shifted or damaged under any circumstances. Without prejudice to the rights of the Developers herein, nothing containedin this Clause 9.4 shall hold the Developers liable towards the acts of the Allottee/s, for the carrying out the fit-out works; and it shall be the sole liability and responsibility of the Allottee/s towards the fit-out works to be carried out as per the Fit-Out Guidelines. 31 7.3 Failure of Allottee to take Page 41 Clause 10.1 Upon receiving the Possession Notice, the We have altered Possession of Allottee/s shall take possession of the said Flat, within the the clause [Apartment/Plot]: Upon period as set out in the Possession Notice,from the Developer receiving a written intimation by executing necessary indemnities, undertakings and such from the Promoter as per other documentation as prescribed in this Agreement, and the clause 8.1, the Allottee shall Developer shall handover possession of the said Flat to the take possession of the Allottee/s. In case the Allottee/s fails to take possession of the [Apartment/Plot] from the saidFlat within the time provided in Clause 9.1 such Allottee/s Promoter by executing shall continue to be liable to pay maintenance charges and necessary indemnities, Other Charges, as applicable and in terms of this Agreement undertakings and such other from the date of the PossessionNotice. documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 32 8 The Allottee shall use the Page 41, Clause 10.2 The Allottee/s shall use the said Flat or used only for Apartment or any part thereof any part thereof or permit the same to be used only for purposes more or permit the same to be used purposes more particularly mentioned in the Second particularly only for purpose of Schedule. The Allottee/s shall use the Car Parking Space only mentioned in the *residence/office/show- forpurpose of keeping or parking vehicle. Second Schedule. room/shop/godown for carrying on any industry or business.(*strike of which is not applicable) He shall use the garage or parking space only for purpose of keeping or parking vehicle. 33 7.4 If within a period of five Page 41, Clause 10.3 If within a period of 5 (five) years from the additional points years from the date of date of handing over the said Flat to the Allottee/s, the are included in this handing over the Apartment Allottee/s brings to the notice of the Developer any structural clause to the Allottee, the Allottee defect in the said Flat or the building in which the said Flat are brings to the notice of the situated or any defects on account ofworkmanship, quality or Promoter any structural provision of service, then, wherever possible such defects shall defect in the Apartment or the be rectified by the Developer at cost and expense to beborne building in which the and paid by the Developers and in case if it is not possible to Apartment are situated or any rectify such defects, then the Allottee/s shall be entitled to defects on account of receive from the Developers, reasonable compensation for workmanship, quality or such defect provided that the defect is not caused due to any provision of service, then, act of omission or commission by the Allottee/s or other wherever possible such allottees in the Real Estate Project or third party or dueto Force defects shall be rectified by Majeure Events or for any other reason beyond the control of the Promoter at his own cost theDevelopers. and in case it is not possible to Page 41, Clause 10.4 Provided further that the Allottee/s shall rectify such defects, then the not carry out any additions or alterations of whatsoever nature Allottee shall be entitled to in the said Flat and in specific thestructure of the said Flat/the receive from the Promoter, Real Estate Project which shall include but not limited to compensation for such defect columns, beams, walls, railings etc., in particular. The in the manner as provided Allottee/s shall not make any addition or alterations in any under the Act pipes, water supply connections or any addition or alteration in the bathroom, toilet andkitchen and shall not cover the duct area. If any addition or alteration whatsoever is carried out without the prior written information to the Developers, the defect liability shall automatically become void. The word “defect” here means only the manufacturing and workmanship defect/s caused on account of willful neglect on the part of the Developers, and shallnot mean defect/s caused by normal wear and tear and by negligent use of the said Flat/Real Estate Project by the Allottee/s or occupants thereof. It is further agreed between the Parties that: (i) before any liability of defect is claimed by or on behalf of the Allottee/s, it shall be necessary to jointly appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materialsused, in the structure of the said Flat/ New Building and in the workmanship executed taking into consideration of the clausesof this Agreement. (ii) it shall be the responsibility of the Allottee/s to maintain the said Flat and New Building in a proper manner and take all duecare needed including but not limiting to the joints in the tiles in the said Flat are regularly filled with white cement/epoxy toprevent water seepage. (iii) where the manufacturer’s warranty on any product/amenity provided in the said Flat / Real Estate Project or said Car Parking Space ends before the defects liability period and such warranties are covered under the maintenance of the said Flat/ Real Estate Project, the Developers shall not be liable for the defects therein. The Allottee/s or the Society / Societies ofthe premises purchasers shall ensure that annual maintenance contracts are done/renewed from time to time. (iv) the Real Estate Project as a whole has been conceived, designed and is being constructed based on the commitments and warranties given by the vendors/manufacturers, that all equipment, fixtures, and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the Premises and Real Estate Project wherever applicable. The Allottee/s shall not do any act or omission which invalidates any of the warranties in respect of equipment, fixtures and fittings provided by the Developers. and (v) the Allottee/s has been made aware and that the Allottee/s expressly agrees that the regular wear and tear of the said Flat including minor cracks on the external and internal walls excluding the RCC structure which happens due to variationin temperature, do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. 34 9. The Allottee along with Page 43, Clause 11.1 The Allottee/s agrees to become the we have altered the other allottee(s)s of member of the Society by paying the requisite admission fee, clause as Society is Apartments in the building share application money to the Society as per the bye-laws of already existing the Society and the Provisions of the Maharashtra Co- shall join in forming and operative Societies Act, 1960; and the Rules framed there registering the Society or under. Such Allottee/s shall also at the time of admission to the Association or a Limited Society as its members be liable to deposit with the Society Company to be known by such his/her/their proportionate contribution towards Sinking Fund and other Reserve Funds, Maintenance Funds etc. of the name as the Promoter may Society as mutually decided at that point of time. decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the byelaws of the proposed Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 13 10 The Allottee shall on or NA we have omitted before delivery of possession this clause in our of the said premises keep agreement deposited with the Promoter, the following amounts :- (i) Rs. ..................... for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. ................... for formation and registration of the Society or Limited Company/Federation/ Apex body. (iii) Rs. ...................... for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body (iv) Rs. ………………for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs………………. For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs ________ for deposits of electrical receiving and Sub Station provided in Layout 35 11 The Allottee shall pay to NA We have omitted the Promoter a sum of Rs. this clause as ................ for meeting all legal Society already costs, charges and expenses, exists including professional costs of the Attorney-at- Law/Advocates of the Promoter in connection with formation of the said Society, o Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease 36 12 At the time of registration Page 43, Clause 12.2 The cost, charges, expenses, levies, fees, we have altered the of conveyance or Lease of the taxes, duties, including stamp duty and registration charges, clause by inserting structure of the building or with respect to the Society Conveyance, including in respect of additional point. wing of the building, the (a) any documents, instruments, papers and writings, (b) Allottee shall pay to the professional fees charged by the Advocates & Solicitors Promoter, the Allottees' share engaged by the Developers for preparing, drafting and of stamp duty and registration approving all such documents, shall be borne and paid by the charges payable, by the said Society / the Societies and theirrespective members/intended Society or Limited Company members including the Allottee/s; as the case may be, and the on such conveyance or lease Developers shall not be liable toward the same. or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 37 14 The Allottee/s or Page 46, Clause 15.1 The Allottee/s or himself/themselves with we have included himself/themselves with intention to bring all persons into whosoever hands the said additional points in intention to bring all persons Flat may come, hereby covenants with the Developers as this clause. into whosoever hands the follows: Apartment may come, hereby (i) To maintain the said Flat at the Allottee/s’ own cost in good covenants with the Promoter and tenantable repair and condition from the date of as follows : possession ofthe said Flat is taken and shall not do or suffer to i. To maintain the Apartment be done anything in or to the building in which the said Flat is at the Allottee's own cost in situated which may be against the rules, regulations or bye- good and tenantable repair laws orchange/alter or make addition in or to the building in and condition from the date which the said Flat is situated and the said Flat itself or any part that of possession of the thereof without the consent of the local authorities, if Apartment is taken and shall required. not do or suffer to be done (ii) Not to store in the said Flat any goods which are of anything in or to the building hazardous, combustible or dangerous nature or are so heavy in which the Apartment is as to damage the construction or structure of the building in situated which may be against which the said Flat is situated or storing of which goods is the rules, regulations or bye- objected toby the concerned local or other authority and shall laws or change/alter or make take care whilecarrying heavy packages which may damage or addition in or to the building likely to damage the staircases, common passages or any other in which the Apartment is structure of the building in which the said Flat is situated, situated and the Apartment including entrances of the building in which the said Flat is itself or any part thereof situated and in case any damage is caused to the building in without the consent of the which the saidFlat is situated or the said Flat on account of local authorities, if required. ii. negligence or default of the Allottee/s in this behalf, the Not to store in the Apartment Allottee/sshall be liable for the consequences of the breach. any goods which are of (iii) To carry out at his own cost all internal repairs to the said hazardous, combustible or Flat and maintain the said Flat in the same condition,state and dangerous nature or are so order in which it was delivered by the Developers to the heavy as to damage the Allottee/s and shall not do or suffer to be done anything in or to construction or structure of thebuilding in which the said Flat is situated or the said Flat the building in which the which may be contrary to the rules and regulations andbye- Apartment is situated or laws of the concerned local authority or other public authority. storing of which goods is In the event of the Allottee/s committing any act in objected to by the concerned contravention of the above provision, the Allottee/s shall be local or other authority and responsible and liable for the consequences thereof to the shall take care while carrying concerned local authorityand/or other public authority. heavy packages which may (iv) Not to demolish or cause to be demolished the said Flat or damage or likely to damage any part thereof, nor at any time make or cause to be made the staircases, common any addition or alteration of whatever nature in or to the said passages or any other Flat or any part thereof, nor any alteration in the elevation and structure of the building in outside colour scheme of the building in which the saidFlat is which the Apartment is situated and shall keep the portion, sewers, drains andpipes in situated, including entrances the said Flat and the appurtenances thereto in goodtenantable of the building in which the repair and condition, and in particular, so as to support shelter Apartment is situated and in and protect the other parts of the building in which the saidFlat case any damage is caused to is situated and shall not chisel or in any other manner cause the building in which the damage to columns, beams, walls, slabs or RCC, Pardis or other Apartment is situated or the structural members in the said Flat without the prior written Apartment on account of permission of the Developers and/or the Society/Societies. negligence or default of the (v) Not to do or permit to be done any act or thing which may Allottee in this behalf, the render void or voidable any insurance of the Real Estate Allottee shall be liable for the Project and the Tower in which the said Flat is situated or any consequences of the breach. part thereof or whereby any increased premium shall become iii. To carry out at his own cost payable in respect of the insurance. all internal repairs to the said (vi) Not to throw dirt, rubbish, rags, garbage or other refuse or Apartment and maintain the permit the same to be thrown from the said Flat in the Apartment in the same compound or any portion of the Real Estate Project and the condition, state and order in building in whichthe said Flat is situated or any portion of the which it was delivered by the Real Estate Project or the common areas thereto and shall Promoter to the Allottee and segregate their everyday dry and wet garbage separately to shall not do or suffer to be facilitate the recycling of the same by the Society / the done anything in or to the Societies. The wet garbagegenerated in the Real Estate Project building in which the shall be treated on the same plot by the residents / occupants Apartment is situated or the / allottees of the Real Estate Project. Apartment which may be (vii) Pay to the Developers within 15 (fifteen) days of demand contrary to the rules and by the Developer, his share of security deposit demanded by regulations and bye-laws of the concerned local authority or Government or giving water, the concerned local authority electricity or any other service connection to the building in or other public authority. In whichthe said Flat is situated. the event of the Allottee (viii) To bear and pay increase in local taxes, water charges, committing any act in insurance and such other levies, if any, which are imposed by contravention of the above the concerned local authority and/or Government and/or provision, the Allottee shall be other public authority, on account of change of user of the said responsible and liable for the Flat by the Allottee/s for any purposes other than for purpose consequences thereof to the for which it is sold. concerned local authority (ix) To bear and pay in timely manner all amounts, dues, taxes, and/or other public authority. cess, levies and duties including property tax, water charges, iv. Not to demolish or cause to electricity bills, common area maintenance, Sale be demolished the Apartment Consideration, Other Charges, maintenance and outgoings, or any part thereof, nor at any etc. time make or cause to be (x) To bear and pay the proportionate charges, fees, costs and made any addition or expensesfor the Real Estate Project Amenities. alteration of whatever nature (xi) Not to change the user of the said Flat without the prior in or to the Apartment or any written permission of the Developer and the Society / the part thereof, nor any Societiesand the concerned authority. alteration in the elevation and (xii) Not to let, sub-let, transfer, assign or part with interest or outside colour scheme of the benefit factor of this Agreement or part with the possession of building in which the the said Flat, or dispose of or alienate otherwise howsoever, Apartment is situated and the saidFlat and / or its rights, entitlements and obligations shall keep the portion, sewers, under this Agreement until all the dues, taxes, deposits, cess, drains and pipes in the Sale Consideration, Other Charges, maintenance and outgoings Apartment and the payable by the Allottee/s to the Developer under this appurtenances thereto in Agreement are fully paid up. In the event, the Allottee/s is good tenantable repair and desirous of transferring the said Flat and/or its rights under condition, and in particular, so this Agreement anytime prior to handing over possession of as to support shelter and the said Flat by the Developer, then the Allottee/s shall be protect the other parts of the entitled to effectuate such transfer only with the prior written building in which the permission of the Developer and upon payment of applicable Apartment is situated and transfer / administrative fees to the Developers not exceeding shall not chisel or in any other 2% (Two Percent) of the proposed transfer price (“Proposed manner cause damage to Transfer Price”). The Proposed Transfer Price shall for the columns, beams, walls, slabs purposes of this Agreement mean proposed sale consideration or RCC, Pardis or other offered by such proposed transferee to the Allottee/s for structural members in the proposed sale / transfer/ assignment of the said Flat or the Apartment without the prior market value of the said Flat, whichever is higher. On such written permission of the transfer being recorded / endorsed by the Developer, the Promoter and/or the Society Allottee/s along with third party transferee shall furnish or the Limited Company. v. requisite undertakings and indemnities, as may be requiredby Not to do or permit to be done the Developer, to abide by all the terms and conditions of this any act or thing which may Agreement. The transferee shall solely be liable and render void or voidable any responsible for all legal and other consequences that may arise insurance of the project land due to acceptance of application for such transfer/ and the building in which the assignment. The transferee shall be bound and obligated to Apartment is situated or any comply with all the terms agreed between the Parties hereto part thereof or whereby any under this Agreement, including but not limited to payment of increased premium shall the balance Sale Consideration in the manner as more become payable in respect of particularly mentioned in Clause 2.1 herein above written. the insurance. vi. Not to throw However, if the Allottee/s, subject to receiving approval from dirt, rubbish, rags, garbage or the Developer for the proposedtransfer, fails to complete the other refuse or permit the same within a period of 3 (three) months from the date on same to be thrown from the which the permission is granted, then the permission as said Apartment in the accorded by the Developer shall lapse and for any proposed compound or any portion of transfer of the said Flat at any time thereafter the restriction the project land and the and terms and conditions as contained in this Clause shall building in which the apply. Apartment is situated. (xiii) The Allottee/s shall observe and perform all the rules and Pay to the Promoter within regulations which the Society/Societies may adopt at its fifteen days of demand by the inception and the additions, alterations or amendments Promoter, his share of security thereof that may be made from time to time for protection and deposit demanded by the maintenance of the Real Estate Project and the Flats therein concerned local authority or and for the observance and performance of the building rules, Government or giving water, regulations and bye-laws for the time being of the concerned electricity or any other service local authority and of Government and other public bodies. connection to the building in The Allottee/s shall also observe and perform all the which the Apartment is stipulations and conditions laid down by the Society/Societies situated. viii. To bear and pay regarding the occupancy and use of the said Flat in the building increase in local taxes, water and shall pay and contribute regularly and punctually towards charges, insurance and such the taxes, expenses or other out-goings in accordance with the other levies, if any, which are terms of this Agreement. imposed by the concerned (xiv) The Allottee/s shall permit the Developer and their local authority and/or surveyors andagents, with or without workmen and others, at Government and/or other all reasonable times, to enter into and upon the Real Estate public authority, on account Project or any part thereof to view and examine the state and of change of user of the condition thereof. Apartment by the Allottee for (xv) The Allottee/s shall duly abide by the rules relating to the any purposes other than for entry/exitpoints for the said Occupants and allottees of the purpose for which it is sold. ix. Real Estate Project respectively, the vehicular movement and The Allottee shall not let, sub- the pedestrian movement of the said Occupants and the let, transfer, assign or part allottees of the Real Estate Project respectively and shall with interest or benefit factor always abide by the rules and regulations laid down by the of this Agreement or part with Developer in this regard and modified from time to time. the possession of the (xvi) The Allottee/s is aware that the lifts for use of the said Apartment until all the dues Occupants and allottees of Wing B of the Real Estate Project payable by the Allottee to the are identified and it/he/she/they shall not raise any dispute in Promoter under this respect of the samein any nature whatsoever and shall always Agreement are fully paid up. x. abide by the rules and regulations laid down by the Developer The Allottee shall observe and in this regard. perform all the rules and (xvii) The Allottee/s shall not be strictly allowed to regulations which the Society place/stick/hang anykind of signage, hoarding, and all other or the Limited Company or forms of signage whatsoever on the glass façade of the Real Apex Body or Federation may Estate Project and / or within the said Land. This condition is adopt at its inception and the binding on the Allottee/s to adhere to at all times and is a additions, alterations or material condition to this Agreement and in the event the amendments thereof that Allottee/s breaches the same, subject to the other rights and may be made from time to remedies available to the Developers under law, theDevelopers time for protection and shall be entitled to terminate this Agreement. maintenance of the said (xviii) The said Flat shall be of R.C.C. structure with normal brick building and the Apartments / block wall / dry wall with gypsum / putty / cement plaster. therein and for the The Allottee/s hereby agrees that the Developer may, if observance and performance required due to any structural reasons convert any brick / of the Building Rules, block wall / dry wall in the said Flat into a load bearing R.C.C. Regulations and Bye-laws for wall or vice versa and the Allottee/s hereby further agrees not the time being of the to dispute or object to the same. The Allottee/s, along with any concerned local authority and and all purchasers of the Real Estate Project, are strictly of Government and other prohibitedto make any additions or alterations of any nature public bodies. The Allottee whatsoever including changes in walls, columns, beams and shall also observe and slabs, which may result into temporary and/or permanent perform all the stipulations changes and defects in themonolithic structure. and conditions laid down by (xix) The Allottee/s agrees and covenants that the Allottee/s the Society/Limited shall not load in the said Flat, either by way of fit-out or Company/Apex construction or in any other manner whatsoever, anything Body/Federation regarding more than as may bespecified by the Developer from time to the occupancy and use of the time. Prior to undertakingany interior or fit-out, the Allottee/s Apartment in the Building and shall submit the drawings withthe Developer and shall disclose shall pay and contribute the nature of work to be carried out in the said Flat and shall regularly and punctually obtain specific written approvals of the Developer to that towards the taxes, expenses effect. The Developer shall have discretion to allow or reject or other out-goings in any such request or part thereof. The Allottee/s shall accordance with the terms of incorporate any suggestions of the Developer in the proposed this Agreement. xi. Till a fit out plan, if required. The Allottee/s shall be responsible to conveyance of the structure of apply and obtain the permission of the concerned statutory the building in which authorities for such refurbishment / fit-out/ interior workat Apartment is situated is his/her/its/their costs and expenses. The Allottee/s confirms executed in favour of thatno structural changes and/or structural alterations of any Society/Limited Society, the nature whatsoever shall be made by the Allottee/s at any time, Allottee shall permit the whatsoever. Promoter and their surveyors (xx) Not to affix any fixtures or grills on the exterior of the Real and agents, with or without Estate Project for the purposes of drying clothes or for any workmen and others, at all other purposeand undertakes not to have any laundry drying reasonable times, to enter outside the said Flat and the Allottee/s shall not decorate or into and upon the said alter the exterior of the said Flat either by painting and/or buildings or any part thereof otherwise. The Allottee/s shall fix the grills inside the windows to view and examine the state only, which shallnot protrude external wall of the Real Estate and condition thereof. xii. Till Project. The standarddesign for the same shall be obtained by a conveyance of the project the Allottee/s from the Developer and the Allottee/s land on which the building in undertakes not to fix any grill havinga design other than the which Apartment is situated is standard design approved by the Developer. If found that the executed in favour of Apex Allottee/s has affixed fixtures or grills on the exterior of his / Body or Federation, the her / their / its Premises for drying clothes or for any other Allottee shall permit the purpose or that the Allottee/s has affixed a grill having adesign Promoter and their surveyors other than the standard approved design, the Allottee/s shall and agents, with or without immediately rectify / dismantle the same so as to be in workmen and others, at all compliancewith his / her / their / its obligations as mentioned reasonable times, to enter herein. into and upon the project land (xxi) Not to install air conditioner/s at any place other than or any part thereof to view those earmarked for fixing the same so as not to affect the and examine the state and structure, façade and/or elevation of the Real Estate Project in condition thereof any manner whatsoever. The Allottee/s shall not install a window Air-conditioner within or outside the said Flat. If found that theAllottee/s has affixed a window air conditioner or the outdoor condensing unit which protrudes outside the said Flat, the Allottee/s shall immediately rectify/dismantle the same forthwith so as to uniformity in the façade or outer look of the said Flat/ the Real Estate Project. (xxii) To keep the sewers, drains and pipes in the said Flat and appurtenance thereto in good tenantable repairs and condition and in particular, support shelter and protect the other parts of the RealEstate Project and the Allottee/s shall not chisel or in any other manner damage columns, beams, walls, slabs or RCC Pardis or other structural members in the said Flat without the prior written permission of the Developer and concerned authorities. 1. Not to do or permit to be done any renovation / repair within the said Flat without prior written permission of the Developer. In the event of the Allottee/s carrying out any renovation / repairwithin the said Flat, without prior written permission and /or in contravention of the terms of such prior written permission,as the case may be, then in such event the Developer shall not be responsible for rectification of any defects noticed within the saidFlat or of any damage caused to the said Flat or the Real Estate Project on account of such renovation / repair. (xxiii) Not to enclose the passages, if any, forming part of the said Flat without the previous written permission of the Developer and concerned authorities. (xxiv) The Developer is entitled to deal with and / or dispose of (including to develop) the balance portion of the Larger Land (other than the said Land) in the manner the Developer deems fit without any reference or recourse to the Allottee/s and / or any other allottee in the Real Estate Project. The Allottee/s and / or any other allottee in the Real Estate Project shall not be entitled to make any claim and / or shall not cause any interference in the development of the balance portion of the Larger Land (other thanthe said Land). (xxv) The Allottee/s further agrees and confirms not to raise any objection whatsoever, if the Developer restricts the Allottee/s for site visit/ inspection of their Flat, before obtaining the Occupation Certificate for the said Flat. (xxvi) The Allottee/s hereby confirm and acknowledge that the Allottee/sshall install or place the ODU for the said Flat in the space allocated by the Developer, and the Allottee/s shall not shift/install/place the ODU in any other place whatsoever. (xxvii) The Allottee/s is aware that the main water/drainage pipes of the New Building may pass through certain areas within the said Flat. The Allottee/s agree/s that he shall not undertake any civil works/fit-out works in such areas within the said Flat, and/or permanently cover/conceal such areas within the said Flat, nor shall in any manner restrict the access to the water/drainage pipes and/or damage the water/drainage pipes. (xxviii) Not to shift or alter the position of either the kitchen, the piped gas system or the toilets which would affect the drainage system of thesaid Flat / the Real Estate Project in any manner whatsoever without prior written permission of the Developer and without obtaining necessary approvals from the concerned authorities. (xxix) To abide, observe and perform all the rules and regulations formulated by the Developer and the rules, regulations and bye- laws which the Society / the Societies may adopt at its inception and additions, alterations or amendments thereof that may be madefrom time to time for protection and maintenance of the Real EstateProject and the said Flat therein. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Society / the Societies / Promote 1 regarding the occupationand use of the said Flat in the Real Estate Project and the Allottee/s shall pay and contribute regularly and punctually towards the taxes, expenses, maintenance and outgoings. (xxx) Not to violate and to abide by all rules and regulations framed by the Developer and / or by the Society / the Societies (post handingover management of the Real Estate Project), for the purpose of maintenance, management and up-keep of the Real Estate Project, the common areas and facilities, as the case may be, and inconnection with any interior / civil works that the Allottee/s may carry out in the said Flat. (xxxi) The Allottee/s agrees not to do, omit to do or cause to be done anyact, deed, matter or thing or behave inappropriately or correspondor communicate in a manner that would in any manner affect or prejudice or defame the Real Estate Project or the Developer or its representatives. In the event the Allottee/s does or omits to do any such act, deed or thing then the Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement by sending the notice of termination to the Allottee/s. (xxxii) The Allottee/s shall never in any manner enclose any flower beds, ducts, planters, ledges, pocket terrace/s, deck areas, ornamental projects, dry yards, service yards and any other areas in the Real Estate Project. These areas should be kept open and should not be partly or wholly enclosed including installing any temporary or part shed or enclosure and shall not include the same in the said Flat or any part thereof and keep the same unenclosed at alltimes. (xxxiii) The Allottee/s shall not chisel or in any other manner cause damage to the columns, beams, walls, slabs or RCC partition or walls, pardis or other structural members in the said Flat, nor do / cause to be done any hammering for whatsoever use on the external / dead walls of the Real Estate Project or do any act toaffect the FSI potential of the said Land. (xxxiv) The Developer shall have the right to demolish any such additionor alteration or enclosing of the open areas carried by the Allottee/s without any permission or concurrence of the Allottee/s and also to recover costs incurred for such demolition and reinstatement of the said Flat to its original state. (xxxv) The Allottee/s shall not do either by himself / herself / themselves / itself or any person claiming through the Allottee/s anything which may or is likely to endanger or damage the Real Estate Project or any part thereof, the garden, greenery, fencing, saplings,shrubs, trees and the installations to common areas and amenities and facilities in the Real Estate Project. No damage shall be caused to the electricity poles, cables, wiring, telephone cables, sewage line, water line, compound gate, or any other facility provided in the Real Estate Project. (xxxvi) The Allottee/s shall not park at any other place and shall park his/her car in the said Car Parking Space allocated to the Allottee/s and shall not park his/her car at any other place. (xxxvii) To make suitable arrangement for removal of debris arising out of any interior decoration, renovation, furniture making or anyother allied work in the said Flat on a daily basis. (xxxviii) The Allottee/s has been appraised of the terms and conditions of the deeds, documents, approvals, permissions, no objections, etc.,referred to in this Agreement and the same shall be fully binding on the Allottee/s. (x1) The Developer shall have option to offer possession of the said Flat even prior to completion of the Real Estate Project Amenities hence all or any of the Real Estate Project Amenities may not be ready and operational at the time of handing over the possession of the said Flat to the Allottee. The Allottee/s agrees to take possession of the said Flat in terms of Possession Notice. The Allottee/s acknowledges that the Real Estate Project Amenities shall be operational and would be handedover to the Society / the Societies only after completion of the Real Estate Project in full and receipt of occupation certificate in respectthereof. The Developer reserve their rights to add, alter, delete, upgrade, modify, relocate, reduce or enhance the common amenities including the Real Estate Project Amenities. The Allottee/s agrees for the same and shall not raise anydispute or claim at any time. (x1i) Notwithstanding what is agreed herein and without prejudice to remedies stipulated herein, failure on the part of the Allottee/s in observing and performing any of the covenants set out under this Clause 15 shall amount material breach, entitling the Developers toterminate this Agreement, at the sole discretion of the Developer. 38 Not Applicable Page 58, Clause 20.1 It is abundantly made clear to the This clause has Allottee/s who is or may become a non- resident/ foreign been added national of Indian Origin during the subsistence of this Agreement, that in respect of all remittances, acquisitions/transfer of the said Flat, it shall be his/her/their/its sole responsibility to comply with the provisions of the Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof, and the rules and regulations of the Reserve Bank of India or any other applicable law from time to time. Any refund required to be made under the terms of this Agreement shall be made in accordance with the provisions of the Foreign Exchange Management Act, 1999 or such statutory enactments or amendments thereof, and the rules and regulations of the Reserve Bank of India or anyother applicable law from time to time. The Allottee/s understands and agrees that in the event of any failure on his/her/their/its part to comply with the prevailing exchange control guidelines issued by the Reserve Bank of India he/she/they/it alone shall be liable for any action under the Foreign Exchange Management Act, 1999, or any other statutory modifications or re-enactments thereto. The Developers accept no responsibility in this regard and the Allottee/s agrees to indemnify and keep the Developers indemnified and saved harmless from any loss or damage caused to it for any reason whatsoever. 39 Not Applicable Page 59, Clause 20.4 The Allottee/s shall indemnify and This clause has keep indemnified the Developer and hold the Developer been added harmless against all actions, claims, demands, proceedings, costs, damages, expenses, losses and liability (including its professional fees in relation thereto and including the costs of enforcing this indemnity) of whatsoever nature incurred or suffered by the Developer directly or indirectly in connection with: (a) the enforcement of or the preservation of any rights of the Developer under this Agreement; (b) any breach and/or default by the Allottee/s in the performance of any and/or all of his obligations under this Agreement and/or terms and conditions of various approvals and permissions obtained by Developer in respect of the Real Estate Project; and (c) due to representations, covenants and warranties of the Allottee/s being false or untrue. 40 17 PROMOTER SHALL NOT Page 59, Clause 19.1 The Allottee/s agrees that the Developers Entire Clause is MORTGAGE OR CREATE A shall be entitled to raise construction finance, project finance being modified CHARG or any other finance or loan against the said Property or / units After the Promoter executes / premises proposed to be constructed in the Real Estate this Agreement he shall not Project, underwriting by mortgaging, hypothecating mortgage or create a charge receivables and/or developable property (including but not on the *[Apartment/] and if limited to mortgage by way of deposit of title deeds), from any any such mortgage or charge Bank/ financial institution/ Non-Banking Financial Institution is made or created then (lenders) and without having to seek any consent from notwithstanding anything Allottee/s in any manner whatsoever, written or otherwise. contained in any other law for Page 59, Clause 19.2 The Mortgage Details (if any) are more the time being in force, such particularly mentioned in the Second Schedule hereunder mortgage or charge shall not written. The Developer shall (as maybe applicable) obtain the affect the right and interest of NOC from the Mortgagee Bank/Financial Institution (defined the Allottee who has taken or hereunder) for sale of the said Flat, as per details more agreed to take such particularly mentioned in the Second Schedule hereunder [Apartment/plot] written. 41 19 Entire Agreement This Page 60, Clause 22.1 This Agreement, along with its schedules additional point is Agreement, along with its and annexures, constitutes the entire Agreement between the included in this schedules and annexures, Parties with respect to the subject matter hereof and clause 22.2 all constitutes the entire supersedes any and all understandings, any other agreements, brochures/leaflets/ Agreement between the allotment letters, reservation forms, brochures, expressions of pamphlets/ads/ Parties with respect to the interest, letters of acceptance, correspondences, walk through subject matter hereof and arrangements whether written or oral, if any, between the presentations/ supersedes any and all Parties in regard to the said Flat, as the case may be. master plan/layout understandings, any other plan or any other Page 60, Clause 22.2 All brochures/leaflets/pamphlets/ads/ agreements, allotment letter, document including walk through presentations/ master plan/layout plan or any correspondences, photographs, other document including photographs, images, designs, arrangements whether images, designs, plans, specifications, layout, height, dimensions, facilities, written or oral, if any, plans, vegetation, features and communication as contained between the Parties in regard specifications, therein, which are merely an artistic impression and to the said layout, height, imagination and may vary to actual project on site. The actual apartment/plot/building, as dimensions, and physical features, amenities and facilities inthe Real Estate the case may be facilities, Project or the said Flat would be in accordance withplans and vegetation, features specifications approved by the authorities and as contained in and communication this agreement. as contained therein, which are merely an artistic impression and imagination and may vary to actual project on site. The actual and physical features, amenities and facilities in the Real Estate Project or the said Apartment would be in accordance with plans and specifications approved by the authorities and as contained in this agreement. 42 Not Applicable Page 62 Clause 34.1 In this Agreement where the context Interpretation admits: clause has been (i)any reference to any statute or statutory provision shall added include all subordinate legislation made from time to time under that provision (whether or not amended, modified, re- enacted or consolidated) and such provision as from time to time amended, modified, re-enacted or consolidated (whether before, on or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement as applicable, and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; (ii) any reference to the singular shall include the plural and vice-versa; (iii) any references to the masculine, the feminine and the neuter shall include each other; (iv)any references to a “company” shall include a body corporate; (v)the word “Business Day” would be construed as a day which is not a Sunday, or a public holiday or a bank holiday under the Negotiable Instruments Act, 1881 either at Mumbai, or any place where any act under this Agreement is to be performed; (vi)the schedules form part of this Agreement and shall have the same force and effect as if expressly set out in the body of this Agreement, and any reference to this Agreement shall include any schedules to it. Any references to clauses, sections and schedules are to clauses, sections of and schedules to this Agreement. Any references to parts or paragraphs are, unless otherwise stated, references to parts or paragraphs of clauses, sections and schedules in which the reference appears; (vii)references to this Agreement or any other document shall be construed as references to this Agreement or that other document as amended, varied, novated, supplemented or replaced from time to time; (viii)the expression “the Clause” or “this Clause” shall, unless followed by reference to a specific provision, be deemed to refer to the whole clause (not merely the sub-clause, paragraph or other provision) in which the expression occurs; (ix)each of the representations and warranties provided in this Agreement is independent of other representations and warranties in this Agreement and unless the contrary is expressly stated, no clause in this Agreement limits the extent or application of another clause; (x)in determination of any period of days for the occurrence of an event or the performance of any act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done and if the last day of the period is not a Business Day, then the period shall include the next following Business Day; (xi)the words “include”, “including” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words; (xii)references to a person (or to a word importing a person) shall be construed so as to include: (a)an individual, partnership firm, limited liability partnership, trust, joint venture, company, corporation, body corporate, unincorporated body, association, organization, any government, or state or any agency of a government or state, or any local or municipal authority or other governmental body (whether or not in each case having separate legal Personality/ separate legal entity); (b)that person's successors in title and permitted assigns or transferees in accordance with the terms of this Agreement; (c)references to a person's representatives shall be to its officers, employees, legal or other professional advisers, sub- contractors, agents, attorneys and other duly authorized representatives; (d)where a wider construction is possible, the words "othe/' and "otherwise" shall not be construed ejusdem generis with any foregoing words; and Any reference to "writing" excludes text messaging via mobile phone For Poddar Realty lndia Pvt Ltd I *M Place - Mumbai Date - 2711012023