GYAN S. P. DEVELOPERS To, MahaRERA Aut hor ity Mumbai Subject: Deviation with respect to Mod el Copy of Agreement for our pro ject Gya n Gol d Crest I, Mr. Nikhil Gyanprakash Shukla, Partner of GYAN S. P. DEVELOPER S LLP (REFERRED TO AS "DEVELOPERS/ PROMOTER") having our registered office at 1 TO 4, FLO OR - MZ, 95, SHUKLA BHUVAN, MUMBA DEVIROAD, TAMBAKATA PYD HONIE,MUMBAI 400 003 do here by have kept out agreement for sale for declare and stat e that we Gyan Gold Crest proj ect sim ilar to the agreement except for the following MahaRERA Mod el form of clause which has been added in the agreement for sale which is mentioned as follo ws: Clause Page No. Clause No. 8 13-1 4 On the Allo ttee /s com mitt ing defa ult in pay men t on due date of_ any amo unt due and pay able by the Allottee/s to the Dev elop er/P rom oter under this Agreement (including his/her pro por tion ate share of amounts / expenses levied by the concerned local authority) and /or on the Allottee/s com mitt ing breach of any of the terms and conditions here in contained, the Developer/Promoter shall be enti tled to at the option of Developer/Promoter, to term inat e this Agreement in which event the consequences hereinafter set out shall follow: (a) The Allottee/s shall cease to have any right or interest in the Premises or any part ther eof; GYA N S. P. DEV ELO PER S LLP. 1 to 4 SHU KLA Bf-LAV.AN, 9.5 Murn ' badc , i Road Tambakat·' M ' ' u, um b a1. - 400 003. (b) The Developer/Promoter shall be entitled to sell and transfer the Premises at such price and on the terms and conditions to such other person or party as the Developer/Promoter may in its absolute discretion deem fit, without any recourse to Allottee/s; (c) The Developer/Promoter shall refund to the Allottee/s the amount paid till then by the Allottee/s to the Developer/Promoter as aforesaid after deducting therefrom: (i) an amount equivalent to 10% of the total consideration as liquidated damages and which amount shall stand forfeited, which the Allottee/s agrees, confirms and acknowledges, constitutes a re.asonable, genuine and agreed pre-estimate of damages that will be caused to the Developer/ Promoter, and that the same shall be in the nature of liquidated damages and not penalty; (ii) the taxes and amounts, if any, due and payable by the Allottee/s in respect of the Premises upto the date of termination of this Agreement; (iii) the amount of interest payable by the Allottee/s to the Developer/Promoter in terms of this Agreement from the dates of default in payment till the date of termination as aforesaid the amounts as may be deducted by the competent authority by way of stamp duty and/or registration I expenses thereof on cancellation/ termination of this Agreement; (iv) In the event of the said resale price being less than the purchaser price mentioned herein, the amount of such deficit. (d) The Developer/Promoter shall, in the event of any shortfall, be entitled to recover the said amounts from the Allottee/s. The Developer/Promoter shall not be liable to pay to the Allottee/s any interest, compensation, damages, costs otherwise and shall also not be liable to reimburse to the Allottee/s any Government Charges such as Tax, GST, Stamp Duty, Registration Fees etc. The amount shall be accepted by the Allottee/s in full satisfaction of all his/her/its/their daim under this Agreement and/or in or to the Premises. The Allottee/s agrees that receipt of the said refund by cheque from the Developer/Promoter by the Allottee/s by registered post acknowledgement due at the address given by the Allottee/s in these presents whether the Allottee/s accept/s the post or encash/s the cheque or not, will amount to the said refund. Provided always that the power of termination herein before contained shall not be exercised by the Developer/Pro mote r unless and until the Developer/Promoter shall have given to the Allottee/s 15 (fifteen) days prior notice in writing of its intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect the Agreement of which It has I Intended to term inate Allottee/s in and default shall have been made by the within fiftee n remedying such breach or breaches days afte r receiving of such notice. moter do not Provided that if the Developer/Pro the Allottee/s receive any such reply or response from this clause in to comply with the terms mentioned in d that the that case it is deemed to be considere same and in Allottee/s have constructive notice of the Allottee/s will that case the agreement entered by the of law. be terminated and it shall have no force with 21-28 18. The Allottee/s or himself/themselves 18 oever hands intention to bring all persons into whos Project may the Unit /Apartment/s situated in the said Developer/ come, hereby covenants with the Promoter as follows:- nt/s at the 18.1. To maintain the Unit/Apartme le repair and Allottee's own cost, in good and tenantab ession of the condition, from the date when poss do or suffer Unit /Apartment/s is taken and shall not in which the to be done anything in or to said Building be against Unit /Apartment/s is situated which may ge/alter or the rules, regulations or bye. . . laws or chan in which the make addition in or to the said Building is situated and the Unit/Apartment/s of with out Unit/Apartment/s itself or any part there ired. the consent of the local authorities, if requ tment/s any 18.2. Not to store in the Unit /Apar bustible or of goods which are of hazardous, com damage the dangerous nature or are so heavy as to in which the construction or structure of said Building ng of which Unit /Apartment/s is situated or stori local or othe r goods is objected to by the concerned ing heavy auth ority and shall take care while carry to damage the packages which may damage or likely r structure staircases, common passages or any othe tment/s is of said Building in which the Unit /Apar Build ing in which situated, including entrances of said in case any the Unit/Apartment/s is situated and damage is caused to said Building in which the I Unit/Apar tment/s is situated or the Unit/Apartment/s, on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. 18.3. Not to do or suffer to be done anything to said Building entrance, canopy, which may be against the rules, regulations or bye-laws of concerned local or any other concerned authority. 18.4. Not to encroach upon the external and/or internal ducts/void areas attached to the Unit/Apartment/s by constructing permanent and/or temporary work by closing and/or using it. The said duct area is strictly provided for maintenance of service utilities such as plumbing pipes, cables etc. 18.5. To carry out at his/her/th eir own cost, all internal repairs to the Unit/Apar tment/san d maintain the Unit/Apartment/s in the same condition, state and order in which it was delivered by the Developer/ Promoter to t~e Allottee/s and shall not do or suffer to be done anything in or to said Building in which the Unit/Apartment/s is situated or the Unit/Apartment/s which may be contrary to the rules and regulations and bye-.laws of the concerned local authorities or other public authorities. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authorities and/or other public authorities. 18.6. Not to demolish or cause to be demolished the Unit/Apartment/s or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Unit/Apar tment/s or any part thereof, nor any alteration in the elevation and outside colour scheme of the said Building in which the Unit/Apartment/s is situated and shall keep the portion, sewers, drains and pipes in the Unit/Apartment/s and the I appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the said Building in which the Unit/Apartment/s is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardi or other structural members in the Unit/Apartment/s without the prior written permission of the Developer/Promoter and/or the Apex Society or the Limited Company. Further, the Allottee/s is not entitled to make any kind of holes/ core cuts etc. in R.C.C. slabs or any structural members. The Developer/ Promoter has informed the Allottee/s that all the R.C.C. members, flooring, walls etc. form the structural members of the entire said Building and any modification thereto and/or any changes therein either structural or elevational, require strict technical inputs, since any damage to them would result in damage to the entire structure of the said Building, which may lead to serious implications not only to the Unit/Apartment/s but to the said Building/ structures to be constructed on the Larger Property. The Developer/ Promoter has also informed the Allottee/s that any such act on the part of the Allottee/s will make him/her/them criminally liable/ punishable under the relevant provisions of law. The breach of this condition shall cause this Agreement to ipso facto come to an end and the earnest money and all other amounts paid by the Allottee/s to the Developer/ Promoter shall stand forfeited and the Developer/ Promoter shall be entitled to deduct from the balance payments made by the Allottee/s such amounts as they may find proper to compensate for the damage so caused and if such payments are inadequate, they shall be entitled to recover further amounts from the Allottee/s to compensate for the damage so caused and the Allottee/s hereby consents to the same. The decision of the Developer/ Promoter in that regard shall be final and binding upon the Allottee/s who shall not dispute the decision of the I Developer/Promoter in this regard. I 18.7. Not to put or keep signboards and / or any object outside the windows of the Unit/Apartmen t/s. 18.8. Not to use any location of all designated refuge areas in said Building for storage of goods or placement of Outd oor Unit/ Apar tmen t/s (ODU )s and/or any such personal usage at all. 18.9. Not to affix or put any dish antenna outsid e the Unit/Apartment/s or change the position of Air conditioning condenser Unit/Apartment/ss instal led in the Unit/Apartment/s or any of their accessories , which has the possibility to spoil the exter ior elevation of the Unit/Apartment/s and the said Building. The Allottee/s can put additional Air Conditioning condenser Unit/Apartment/sis only after taking written permission of the Developer / Promoter. 18.10. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Project Property and the said Building in which the Unit/Apartment/s is situated or any part thereof or whereby any increased prem ium shall become payable in respect of the insurance. 18.11. Not to throw dirt, rubbish, rags, garbage or other refuse or perm it the same to be thrown from the Unit/Apartment/s in the compound or any portion of the Developer/ Promoter and in the said Building in which the Unit/Apartment/sis situated. 18.12. That no portion of the said Project shall be damaged due to carrying of goods and/o r mate rial while carrying out interior work in the Unit/Apartment/s. In case such damage has been caused for whatsoever reasons, the Allottee/s shall repair the same and/o r restore the said dama ged portion at his/her/their costs, charges and expen ses. The Allottee/s will not claim any amount towards the repairs and/or restorati on work from the Develop er/ Promoter. If the Allottee/ s fails to restore and/or repair the damages and if the Developer/ Promote r is required to carry out repairs and/or restorati on thereof, the Allottee/ s shall be liable to reimburse the expenses and/or costs, charges and expenses thereof to the Developer/ Promoter. 18.13. The Allottee/ s will not extend windows (aluminum sliding windows and doors) and/or change the original size of the window which will damage the Unit/Apa rtment/s or any part thereof, or at any time make any addition or alteration thereof which will cause damage to the said Building and outside colour scheme of said Building in which the Unit/Apa rtment/s is situated and the Allottee/ s shall not install any safety grills outside the window and other areas so that the elevation of the said Building is maintained. The Allottee/s shall not change the material, colour, windows, chajjas, railings, etc., which has the possibility of spoiling the exterior elevation of the Unit/Apartment/s. 18.14. To pay to the Developer/ Promoter within 15 (fifteen) days of demand by the Developer/ Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the said Project in which the Unit/Apartment/s is situated. 18.15. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Unit/Apartment/s by the Allottee/s for any purposes other than for the purpose for which it is sold. 18.16. The Allottee/ s shall not let, sub-.let, transfer, assign or part with Interest or benefit factor of this Agreement or part with the possession of the Unit/Apartment/s until all the dues payable by the Allottee/s to the Developer/ Promoter under this Agreement are fully paid up. 18.17. The Allottee/s shall observe and perform all the rules and regulations which the Society or the Limited Company or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said Building and the Unit/Apartment/s therein and for the observance and performance of the Building Rules, Regulations and Bye-.laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Unit/Apartment/sin the said Project and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-.goings in accordance with the terms of this Agreement. 18.18. Till a conveyance of the Project Property and the said Building in which the Unit/Apartment/s is situated is executed in favour of Apex Body or Federation, the Allottee/s shall permit the Developer/ Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Project or any part thereof to view and examine the state and condition thereof. 18.19. That the dry and wet garbage shall be separated by the Allottee/s and the wet garbage shall be treated separately on the Project Property by the residents/occupants of the said Building in the jurisdiction of MCGM. mnify and keep 18.20. That the Allottee/s shall inde ied of, from and the Developer/Promoter Indemnif costs, claims and against any actions, proceedings, non--observance demands In respect of any breach, obligations given or non....-petformance of such specifically herein to the Allottee/s. d shall construe 18.21. That nothing herein containe t on any of the as entitling the Allottee/s any righ neighboring or the remaining adjoining, of the remaining wings/buildings/ common areas etc. unless specifically portion of the Project Property by the Allottee/s agreed and consideration dispensed rd. to the Developer/ Promoter in this rega ted for use to 18.22. That the Parking Space/s allot the purposes of the Allottee/s shall be used only for e is designed and parking and that the Parking Spac made for use of parking a vehicle. made aware 18.23. The Allottee/s has/have been tion of the Club and confirms that the construc mon amenities House/Fitness Centre and othe r com completed/it may on the Project Property may not be n Date and that not be operational by the Possessio House/Fitness the use and enjoyment of the Club ewith and may Centre may not be simultaneous ther the allottee/s of be at such later date. Further, undertakes not Unit /Apartment/s hereby agrees and any right, title or to make any claim/s, demand/s for tre and limited interest in Club House/Fitness Cen Project Property or common areas and facilities of the initiate any action any part ther eof or undertake or itness Centre and for the use of the Club House/F limited common area and facil ities of the Project Property. he/s he/t hey are 18.24. The Allottee/s confirms that oter that the sale informed by the Developer/Prom /the m includes the consideration payable by him /her proportion ate cost of common areas. The Allotee/s has prior to the execution of this Agreement, satisfied himself as to the measurements of the Carpet Area and the Proportionate area of Common Areas in terms of the plans provided thereto. 18.24.1. The Allottee/s agrees that if any portion of the Project Property is acquired or notified to be acquired by the Government, or by any other public body or authority the Developer/Promoter shall be entitled to receive all the benefits in respect thereof and/or the compensatory FSI or all other benefits which may be permitted in lieu thereof up to handing over the Project Property and the said Building to the Society. 18.25. The Allottee/s shall not be entitled to any rebate and/or concession and / or any other advantage from the Developer/Promoter on the ground that the Developer/Promoter or any other ground whatsoever for making additional construction or in the price at his / her / their Unit/Apartment on account of the construction of additional floor/s and/or any other building and/or structure and/or the changes, alterations and additions made in the said Building or buildings or structures or on account of any advertisement hoarding and/or facilities for disk Antenna / Satellite transmission / distribution / facilities put up on the Project Property and/or the said Building as long as such additions, alterations do not adversely affect the Allottee/s rights and occupation of the Premises. 18.26. It is also hereby expressly agreed that so long as it does not in any way affect or prejudice the rights created in favour of the Allottee/s in respect of the Premises, the Developer/Promoter shall be at liberty to sell, transfer, assign, mortgage or otherwise deal with or dispose off the Developer/Promoter's right, title and interest in the Project Property/said Building and/or the Unit/Apartment or any part thereof or open land surrounding the said Building. 18.27. The Allottee/s and the persons to whom the Premises is let, sub-let, transferred, assigned or given possession of (after obtaining prior written permission of the Developer/Promoter) shall from time to time, sign all applications, papers and documents and do all acts, deeds and things as the Developer/Promoter and/or the society may require for safeguarding the interest of the Developer/Promoter and/or the Other flat / shop / garage / parking space/open space etc., holders in the said Building. 18.28. In the event of the Allottee/s attempting to and/or disposing of the Premises or any part thereof to any persons or party (without obtaining the prior written consent of the Developer/Promoter and or the Society) this Agreement shall without further notice automatically and forthwith stand cancelled and revoked and then in such event the amounts paid till then by the Allottee/s to the Developer/Promoter under this agreement shall be refunded to the Allottee/s without any interest save and except the earnest money which shall stand forfeited and the Allottee/s shall hand over vacant and peaceful possession of the Unit/Apartment to the Developer/Promoter forthwith. 18.29. The Allottee/s or his/her permitted transferee and/or transferees and/or nominees shall not change the user of any of the Premises from residential purposes to any other purposes at any time in future. 18.30. The Developer/Promoter and its Architects, Structural Engineers, Project engineers, surveyors, contractors employees, employees of the contractors and any other authorized or licensed person/s shall have a right to enter and/ or occupy any area including common areas to carry out the developmental work till the completion of the entire project. 18.31. The Allottee/s or any other person/s claiming through the Allottee/s and/or members of the society shall have no right to object to or obstruct or stop the movement of the vehicle, men and materials (related to construction or otherwise) to be carried over in the said Building even after the construction has been completed and the Developer/Promoter has handed over the Project Property to the respective Societies, till the construction of the other additional buildings are completed and/or the said entire Project Property has been fully developed. Before entering into this Agreement, the Developer/Promoter has put the Allottee/s to the Notice of the aforesaid facts and the Allottee/s hereby accord his / her / their informed consent for the same. 18.32. The Allottee/s shall have no claim, save and except in respect of the Premises for which he has entered into an Agreement for Sale. All the common area, staircase, lobbies, etc. will remain the property of the Developer/Promoter, till the possession of the Project Property has been handed by the Developer/Promoter to the respective Societies. However, the Allottee/s will have a right to use the common area till the time the entire building and underneath land is transferred in favour of the society. 18.33. The Allottee/s hereto specifically declares and confirms that they are aware that the Developer/Promoter are entitled to develop the Project Property and propose to develop the same. 18.34. The Allottee/s has: (a) taken inspection of all relevant documents and has satisfied himself/herself/themselves fully in respect of the Developer/Promoter's title to the develop the Project Property and the Premises prior to the execution of this Agreement and the Allottee/s raise doth hereby accepts the same and agree not to dispu te relati ng any requisition or objec tion/s or there to at any stage; and (b) read and understood and is fully awar e of the t, the terms and conditions of Development Agre emen ment said writings, Intimation of Approval, Comm ence ns Certificate and all the plans, designs and specificatio and prepared by the Developer/Promoter's Archi tects and the Developer/Promoter's rights, liabili ties the responsibilities thereunder and in respect of no Project Property and the said Building and has s to accep t objection there to and furth er hereby agree and the said terms and conditions unconditionally oters absolutely and is aware of the fact that the Prom Prem ises to the have agreed to sell and trans fer the ration Purchaser/s relying on the assurance and decla has/h ave no of the Allottee/s that he/she/they objection to the same. 18.35. The Allottee/s represents and warra nts that: (i) He / She / They / It has not been declared etc. and/o r adjudged to be an insolvent, bank rupt case may be; and/o r ordered to be woun d up, as the (ii) No receiver and/o r liquidator and/o r official ee/s assignee or any person is appointed of the Allott or all or any of its assets and/o r properties; (iii) None of his assets/properties is attached ed and/o r no notice of attac hmen t has been receiv under any rule, law, regulation, statut e etc.; (iv) No notice is received from the Gove rnme nt in from India (either Central, State or Local) and/ or ering abroad for his involvement in any money laund be a or any illegal activity and/o r is declared to issue d proclaimed offender and/o r a warrant is against him/ her /them / it; (v) No execution or other similar process is issued and/or levied against him / her /them / it and/or against any of his / her /them / it assets and properties; He / she /they Is not of unsound mind and/or is not adjudged to be of unsound mind; (vi) He / she / they / it has not compounded payment with his/ her /their/ its creditors; (vii) He is not convicted of any offence involving moral turpitude and/or sentenced to imprisonment for any offence not less than six months. The Developer/Promoter consider the accuracy of the representations and warranties to be an important and integral part of this Agreement and has executed this agreement in reliance of the same. 24 29 24. Any delay or indulgence shown by Developer/Promoter in enforcing the terms of this Agreement or any forbearance or giving of time to the Allottee/s shall not be construed as a waiver on the part of the Developer/Promoter of any breach or non- compliance of any of the terms and conditions of this Agreement by the Allottee/s nor shall the same in any manner prejudice the rights of the Developer/Promoter. 25 30 It is specifically agreed and understood by and between the Parties hereto that the Developer/Promoter are / may become in future entitled to develop neighbouring plots of land and may develop those plots together with the present property. The Allottee/s hereby confirms that the Developer/Promoter shall be entitled to amalgamate the above-mentioned neighboring plots with the Project Property. As a result, the common benefits and amenities of layout / amalgamated plot shall be shared by the Allottee/s herein along with the other Flat Purchasers of the larger Layout (including the said property) and there shall be a common Right of Way for the flat acquirers in the other Building/s to be constructed on the larger Layout (in the adjoining plots) and permissible for such premises acquirers and their assigns and agents, visitors and other persons to access and enter the Project Property from the main road thereto. Before entering Into this Agreement, the Developer/Promoter have put the Allottee/s to the Notice of the aforesaid facts and the Allottee/s hereby accord his/ her/ their informed consent for the same. For GYAN S. P. DEVELOPERS LLP Nikhil Gyanprakash Shukla Designated Partner DIN: 07635799 Date : 03/12/2023