Draft for MahaRERA

[●], 2017

[●] (name) (“the Allottee/s”)

[●] (address)

Re: Premises more particularly described in the First Schedule hereunder in Building no. 2
comprising of Towers A, B and C in the Real Estate Project known as ‘Esquire’ which is
presently being developed as a phase of the Whole Project and proposed as a “real estate
project” by Oberoi Realty Limited (“the Promoter”) and being constructed on all those
pieces and parcels of land admeasuring approximately 2,09,076.40 square meters situated
at Village Dindoshi and Village Pahadi Goregaon (East), in the Registration District and
Sub-District of Mumbai City and Mumbai Suburban (“Larger Property”) and to be more
particularly described in the Agreement (as defined below).
______________________________________________________________________

1. The Promoter is undertaking the development of the Larger Property in a phase-wise manner
(“Whole Project”).

2. The development of ‘Esquire’, being Building No. 2 comprising of Towers A , B and C, is

presently being developed as a phase of the Whole Project and proposed as a “real estate project”
by the Promoter and is being registered as a ‘real estate project’ (“the Real Estate Project”) with
the Maharashtra Real Estate Regulatory Authority (“Authority”), under the provisions of Section
5 of the Real Estate (Regulation and Development) Act, 2016 (“RERA”) read with the provisions
of the Maharashtra Real Estate (Regulation and Development) (Registration of real estate
projects, Registration of real estate agents, rates of interest and disclosures on website) Rules,
2017 (“RERA Rules”) and the other Rules, Regulations, Circulars and Rulings issued thereunder
from time to time.

3. The Promoter has agreed to allot the premises (“said Premises”) along with certain common
areas and facilities appurtenant to the said Premises (“Limited Areas and Facilities”) which
are more particularly described in the First Schedule hereunder written in the tower more
particularly described in the First Schedule hereunder written (“the said Tower”) to the
Allottee/s, at or for the price as defined in the First Schedule hereunder written (“Sale Price”),
and subject to the terms, conditions and covenants contained in the proforma of the Agreement
for Sale (“Agreement”) to be submitted to the Authority as part of the Promoter’s application
with the Authority.

4. The carpet area of the said Premises as defined under the provisions of RERA, is more
particularly described in the First Schedule hereunder written.

5. The Sale Price is required to be paid by the Allottee/s to the Promoter in accordance with the
payment schedule as set out in the Second Schedule hereunder written. The Allottee/s has/have
expressly agreed that the Allottee/s will have to pay a sum equivalent to 20% of the Sale Price as
earnest money (hereinafter referred to as “Earnest Money”) to the Promoter. The Allottee/s
shall, simultaneously on execution of this letter of allotment, pay to the Promoter a sum
 Draft for MahaRERA

equivalent to 10% of the Sale Price which is equivalent to 50% of the Earnest Money (“Booking
Amount”).

6. The Sale Price excludes taxes (consisting of tax paid or payable by way of Value Added Tax,
Service Tax, GST and all levies, duties and cesses or any other indirect taxes which may be
levied, in connection with the construction of and carrying out the Real Estate Project and/or with
respect to the said Premises and/or this letter of allotment (“Letter”)). It is clarified that all such
taxes, levies, duties, cesses (whether applicable/payable now or which may become
applicable/payable in future) including service tax, VAT, GST and all other indirect and direct
taxes, duties and impositions applicable 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 letter of allotment and/or on the transaction contemplated herein and/or in relation to the said
Premises, shall be borne and paid by the Allottee/s alone and the Promoter shall not be liable to
bear or pay the same or any part thereof.

7. Simultaneous with payment of the second installment of the Sale Price as detailed in the Second
Schedule hereunder written, the Parties shall execute the Agreement as required under Section 13
of RERA and shall register the Agreement under the Registration Act, 1908, upon which, this
Letter shall stand superseded by the Agreement.

8. The Allottee/s shall, before delivery of possession of the said Premises deposit such amounts as
mentioned in the Third Schedule and Fourth Schedule hereunder written with the Promoter.
The amounts as more particularly mentioned in the Third Schedule hereunder written are not
refundable and no accounts or statement will be required to be given by the Promoter to the
Allottee/s in respect of the same. The Allottee/s shall make payments of such amounts as more
particularly mentioned in the Third Schedule and Fourth Schedule hereunder to the bank
account of the Promoter, as detailed in the First Schedule hereunder written.

9. The Promoter shall provide to the Allottee/s, without charging or levying any price or
compensation or consideration or fee of any nature, permission to park the Allottee/s’s own
vehicle and also for parking guests/visitors’ vehicle and for no other purpose whatsoever, in the
car parking space/s as a common area and more particularly mentioned in the First Schedule
hereunder written. The exact location and identification of such car parking space/s in the
basements/podium/stilt will be finalized by the Promoter only upon completion of the Real Estate
Project in all respects.

10. In the event the Allottee/s does/do not make payment of any installment of the Sale Price (prior to
execution and registration of the Agreement) and/or in the event the Allottee/s refuse/s to execute
and register the Agreement, then and without prejudice to the rights and remedies available to
the Promoter including the right to charge interest at the prevailing rate of State Bank of India
Highest Marginal Cost of Lending Rate plus 2% thereon for every month of delay in making
payment of the Sale Price/parts thereof (“the Interest Rate”), the Promoter shall be entitled to
at his own option and discretion, terminate this Letter, without any reference or recourse to the
Allottee/s. Provided that, the Promoter shall give notice of 15 (fifteen) days in writing to the
Allottee/s (“Default Notice”), by Courier / E-mail / Registered Post A.D. at the address provided
by the Allottee/s, of its intention to terminate this Letter with detail/s of the specific breach or
breaches of terms and conditions in respect of which it is intended to terminate the Letter. If the
Allottee/s fail/s to rectify the breach or breaches mentioned by the Promoter within the period
of the Default Notice, including making full and final payment of any outstanding dues together
with the Interest Rate thereon, then at the end of the Default Notice, the Promoter shall be
 Draft for MahaRERA

entitled to terminate this Letter by issuance of a written notice to the Allottee/s (“Promoter
Termination Notice”), by Courier / E-mail / Registered Post A.D. at the address provided by
the Allottee/s. On the receipt of the Promoter Termination Notice by the Allottee/s, this Letter
shall stand terminated and cancelled. On the termination and cancellation of this Letter in the
manner as stated in this sub-clause, the Promoter shall be entitled to forfeit the entire Booking
Amount as and by way of agreed genuine pre-estimate of liquidated damages which the parties
agree are not in the nature of penalty. Upon the termination of this Letter, the Allottee/s shall
have no claim of any nature whatsoever on the Promoter and/or the said Premises and the
Promoter shall be entitled to deal with and/or dispose off the said Premises in the manner it
deems fit and proper.

For Oberoi Realty Limited [●]

………………………. ……………………….
Authorised Signatory

Encl: As above
 Draft for MahaRERA

THE FIRST SCHEDULE ABOVE REFERRED TO

(Meaning of certain terms and expressions)

Sr. No. Terms and Expressions Meaning

1. Said Premises Flat No. [●] on the [●] floor of the said Tower.

2. Said Tower [●]

3. Carpet area of the said Premises as [●]

per RERA

4. Sale Price Rs. [●]/- (Rupees [●] Only)

(i) Sale Price towards the carpet Rs. [●]/- (Rupees [●] Only)
area of the said Premises
(ii) Proportionate Sale Price Rs. [●]/- (Rupees [●] Only)
towards the Limited Areas and
Facilities
5. Bank Account of the Promoter [●]

6. Car parking space/s Permission to park in [●] ([●]) car parking space/s.

7. Limited Areas and Facilities [●]

8. Contact Details Promoter’s email address: [●]

Promoter’s phone number: [●]

Promoter’s fax number: [●]

Allottee/s email address: [●]

Allottee/s phone number: [●]

Allottee/s fax number: [●]

9. PAN Promoter’s PAN: [●]

Allottee/s PAN: [●]

 Draft for MahaRERA

THE SECOND SCHEDULE ABOVE REFERRED TO

(Schedule of Payment of the Sale Price as payable by the Allottee/s)

Sr. No Milestone Percentage Amount

At the time of Booking (being 50% of Earnest
1 10% [●]
Money)
Upon Execution of Agreement (including
2 20% [●]
balance 50% of Earnest Money)
3 On Completion of Plinth 15% [●]
Proportionate [●] installments upon casting of
4 25% [●]
relevant slabs
Completion of the walls, internal plaster,
5 floorings, doors and windows of the said 5% [●]
Premises
Completion of the staircases, lift wells, lobbies
6 5% [●]
up to the floor level of the said Premises
Completion of External Plumbing, External
7 Plaster, elevation, terraces with water proofing 5% [●]
of the said Tower
Completion of the lifts, water pumps, electrical
fittings, electro, mechanical and environment
8 requirements, entrance lobby/s, plinth 10% [●]
protection, paving of areas appertain of the said
Tower
At the time of handing over of the possession of
the said Premises to the Allottee/s on/after
Balance
9 receipt of the Occupation Certificate or [●]
amount
Completion Certificate with respect to the said
Tower

THE THIRD SCHEDULE ABOVE REFERRED TO

(being the amounts to be paid by the Allottee/s in accordance with this Letter)

Sr. No Particulars Amount

Charges towards formation and registration of the Society and
1 [●]
Apex Body, along with applicable taxes
Deposit towards water, electricity, and other utility and To be paid to the utility
2
services connection charges supplier at actuals
 Draft for MahaRERA

One-time non-refundable membership fee with respect to the

3 club house forming part of the Whole Project (taxes to be paid [●]
separately by the Allottee/s at applicable rates)
All legal costs, charges and expenses (taxes to be paid
4 [●]
separately by the Allottee/s at applicable rates)
Development charges (taxes to be paid separately by the
5 [●]
Allottee/s at applicable rates)

THE FOURTH SCHEDULE ABOVE REFERRED TO

(being the amounts to be paid by the Allottee/s in accordance with this Letter)

Sr. No Particulars Amount

1 Share application money of the Society [●]
2 Corpus fund contribution [●]
Proportionate share of taxes and other charges/levies in respect
3 of the Society and Apex Body (taxes to be paid separately by [●]
the Allottee/s at applicable rates)
Deposit towards provisional monthly contribution towards
4 outgoings of the Society and Apex Body (taxes to be paid [●]
separately by the Allottee/s at applicable rates)
 Draft for MahaRERA

DRAFT AGREEMENT FOR SALE OF PREMISES

BETWEEN
OBEROI REALTY LIMITED
(THE PROMOTER)

&

[●]
(THE ALLOTTEE)

FLAT NO. [●]

[●] FLOOR

TOWER [●]
ESQUIRE

[●] (add address)

[●], [●], [●]

While the Promoter shall endeavour to enter into agreements with allottees in the form substantially similar to this Draft Agreement For
Sale Of Premises, the Promoter reserves its right to make suitable modifications/amendments to this Draft Agreement For Sale Of
Premises as the circumstances may require.
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 Draft for MahaRERA

AGREEMENT FOR SALE OF PREMISES

THIS AGREEMENT is made at Mumbai this ____ day of _______________, ______

BETWEEN

OBEROI REALTY LIMITED a company incorporated under the provisions of the

Companies Act, 1956 having its registered office at Commerz, 3rd floor, International Business
Park, Oberoi Garden City, Off Western Express Highway, Goregaon (East), Mumbai– 400 063,
hereinafter referred to as the “Promoter” (which expression shall unless it be repugnant to the
context or meaning thereof, be deemed to mean and include its successors and assigns) of the
ONE PART

AND

«M_1st_name»«Name_1»,«M_2nd_name»«Name_2»,«M_3rd_name»«Name_3», having
his/her/their address at «Add1», hereinafter referred to as “the Allottee/s”, (which expression
shall unless it be repugnant to the context or meaning thereof be deemed to mean and include
in case of an individual his/her/their heirs, executors, administrators and permitted assigns and
incase of a partnership firm, the partners or partner for the time being of the said firm, the
survivor or survivors and the heirs, executors and administrators of the last survivor and in case
of an HUF, the members of the HUF from time to time and the last surviving member of the
HUF and the heirs, executors, administrators and permitted assigns of such last surviving
member of the coparcenery and survivor/s of them and the heirs, executors, administrators and
assigns of the last survivor/s of them and in case of a trust the trustee/s for the time being and
from time to time of the trust and the survivor or survivors of them and the heirs, executors and
administrators of the last surviving Trustee and his or her assigns and in case of a body
corporate/company its successors and permitted assigns) of the OTHER PART

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 Draft for MahaRERA

WHEREAS:

A. The Promoter is the owner of and/or is seized and/or possessed of and/or is otherwise
well and sufficiently entitled to all those pieces and parcels of land admeasuring in the
aggregate approximately 2,09,076.40 square meters, being Sub-Plot B, which is more
particularly described in the First Schedule hereunder written and is delineated by red
colour boundary line on the plan annexed and marked as Annexure “1” hereto (“the
Larger Property”). The details pertaining to the title of the Promoter to the Real Estate
Project (defined below), the pertinent approvals and permissions issued in respect of
the Real Estate Project, litigation proceedings in respect of the Larger Property,
covenants (if any) affecting the Larger Property, impediments (if any) attached to the
Larger Property, encroachments (if any) on the Larger Property, permission to be
obtained which affects the Promoter’s title to the Real Estate Project, and
mortgages/charges on the Real Estate Project (if any), are elucidated in the Title
Certificate dated 12th February 2014, issued by M/s. IC Legal, Advocates & Solicitors,
copies whereof are annexed and marked as Annexure “3” hereto (“Title Certificate”).

B. The details pertaining to the title/rights/entitlement of the Promoter to the Larger

Property is as follows,-

(i) There are no tenants / occupants on the Larger Property and the Promoter is in
exclusive possession thereof;

(ii) There are no illegal encroachments on the Larger Property; and

(iii) There is no mortgage or lien or charge on the Larger Property.

C. The Promoter is entitled to develop the Larger Property by consuming maximum

Floor Space Index (“FSI”) as more particularly set out in this Agreement and by
constructing buildings thereon as mentioned in this Agreement.

D. The Promoter is undertaking the development of the Larger Property (“the Whole
Project”) in a phase-wise manner as mentioned at Recital E below.

E. The principal and material aspects of the development of the Whole Project as
disclosed by the Promoter are briefly stated below-

(i) The Whole Project shall be developed in a phase wise manner.

(ii) The Promoter proposes to utilize a total FSI of 4 on gross plot area of the
Larger Property plus compensatory fungible FSI plus free of FSI areas
aggregating up to approximately 13,54,815 square meters plus parking area/s
and the amenities (“Full Development Potential”) in the course of the phase
wise development of the Whole Project.

(iii) The Promoter has disclosed to the Allottee/s the designated use of the various
buildings/structures/towers/wings on the Larger Property specifying and
identifying the Whole Project including inter alia, the Real Estate Project
(defined below), the Exquisite Residential Component (defined below), the
Commerz Buildings (defined below), the Other Residential Component
(defined below), the Non-Residential Component (defined below), the
Amenities for Exquisite (defined below), the Amenities for the Commerz
Buildings (defined below), the Other Residential Exclusive Amenities
(defined below) and the Non-Residential Exclusive Amenities (defined

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 Draft for MahaRERA

below) and the phase/s in which the Promoter proposes to develop the Whole
Project by utilizing the Full Development Potential (“Approved Layout
With Phasing/User Superimposed” or “ALPS”) and the layout whereof is
annexed to this Agreement as Annexure “1”. The Allottee/s has/have been
informed and acknowledge/s that a PPL (defined below) may be constructed
as a scheme and component of the Whole Project at any location on the
Larger Property including beneath the Real Estate Project and the same may
be handed over to the MCGM (defined below) in accordance with the
provisions of the Development Control Regulations for Greater Mumbai, 1991
as may be amended from time to time (“DCR”).

(iv) The Allottee/s has/have also perused copies of the amended layout approval
dated 29th July, 2017 bearing reference no. CHE/102/LOP (“Approved
Layout”) issued by Municipal Corporation of Greater Mumbai (“MCGM”),
which is annexed to this Agreement as Annexure “2”.

(v) The ALPS annexed as Annexure “1” hereto discloses inter-alia,-

(a) The Real Estate Project along with the common areas, facilities and
amenities;

(b) The Promoter has already constructed a residential building known as

“Exquisite” being Building No. 1 consisting of 3 (three) wings along
with its common areas, facilities and amenities on a portion of the
Larger Property and the same is referred to as the “Exquisite
Residential Component”. The portion of the Larger Property upon
which the Exquisite Residential Component is developed is hereinafter
referred to as the “Exquisite Residential Portion of the Larger
Property” and is more particularly shown in blue color wash on the
attached ALPS. The common areas, facilities and amenities on the
Exquisite Residential Portion of the Larger Property are hereinafter
referred to as “Amenities for Exquisite” and are more particularly
shown in Blue color hatch on the attached ALPS.

(c) Further, the Promoter has already constructed a hotel cum office
building known as “Commerz” being Building No. 1 comprising of
wing ‘A’ and wing ‘B’ and commercial building known as “Commerz
II”, being Building No. 2 comprising of wing ‘A’ along with their
respective common areas, facilities and amenities on a portion of the
Larger Property and the same shall collectively be referred to as the
“Commerz Buildings”. The portion of the Larger Property upon
which the Commerz Buildings is/are developed shall hereinafter
referred to as the “Commerz Buildings Portion of the Larger
Property” and are more particularly shown in blue color wash on the
attached ALPS. The common areas, facilities and amenities on the
Commerz Buildings Portion of the Larger Property are hereinafter
referred to as “Amenities for Commerz Buildings”.

(d) Apart from the Real Estate Project, the Promoter has also earmarked a
piece of land on the Larger Property for future development (“Land
Earmarked For Future Development”) more specifically shown in
grey hatched lines on the plan annexed and marked as Annexure “1”
on which the Promoter proposes to develop,-

• 5 (five) residential towers each with upto 69 (sixty nine) upper

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 Draft for MahaRERA

floors;
• 2 (two) non-residential towers each with upto 69 (sixty nine) upper
floors; and
• Reservation building having upto 20 (twenty) upper floors as
permitted under the DCR.

(e) The residential buildings/structures/towers/wings along with its

common areas, facilities and amenities on the Land Earmarked For
Future Development shall hereinafter be referred to as the “Other
Residential Component” and the portion of the Larger Property upon
which the Other Residential Component shall be developed in such
manner as the Promoter may in its sole discretion deem fit and such
areas as may be designated as such by the Promoter are hereinafter
referred to as the “Other Residential Portion of the Larger
Property”.

(f) The Other Residential Component proposed to be developed as part of

the Whole Project, may be provided with certain common areas,
facilities and amenities (“Other Residential Exclusive Amenities”)
and which shall be exclusively made available to and usable by such
person(s) as the Promoter may in its sole discretion deem fit including
the allottees of the Other Residential Component, and, shall not be
available to the Allottee/s or any other allottees/occupants of
apartments/flats in the Real Estate Project.

(g) The non-residential buildings/structures/towers/wings along with its

common areas, facilities and amenities on the Land Earmarked For
Future Development shall hereinafter be referred to as the “Non-
Residential Component” and the portion of the Larger Property upon
which the Non-Residential Component shall be developed in such
manner as the Promoter may in its sole discretion deem fit and such
areas as may be designated as such by the Promoter are hereinafter
referred to as the “Non-Residential Portion of the Larger Property”.

(h) On the Larger Property including the Non-Residential Portion of the

Larger Property and the Land Earmarked For Future Development, the
Promoter also proposes to develop certain common areas, facilities and
amenities which shall be for the exclusive use of such person(s) as the
Promoter may in its sole discretion deem fit including the
allottee/s/occupants of such non-residential
buildings/structures/towers/wings and such common areas, facilities
and amenities shall not be available for the use by the allottee/s of the
Real Estate Project and the Other Residential Component (“Non-
Residential Exclusive Amenities”).

(i) The common areas, facilities and amenities in the Whole Project
including the Real Estate Project (defined below) and the Land
Earmarked For Future Development and including the recreation
ground area as per the DCR that may be usable by the Allottee/s and
other allottee/s in the Whole Project including the Real Estate Project
and the Land Earmarked For Future Development on a non-exclusive
basis (“Whole Project Included Amenities”) are listed in the Fifth
Schedule hereunder written.

(vi) The Promoter shall be entitled to designate any spaces/areas in the Other

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 Draft for MahaRERA

Residential Component and the Non-Residential Component of the Whole

Project (including on the terrace and basement levels thereof) for third party
service providers, for facilitating provision and maintenance of utility
services (such as power, water, drainage and radio and electronic
communication) to be availed by the other allottees in the Whole Project.
Such designation may be undertaken by the Promoter on lease, leave and
license basis or such other method. For this purpose, the Promoter may lay
and provide the necessary infrastructure such as cables, pipes, wires, meters,
antennae, base sub-stations, towers etc. in the Whole Project.

(vii) The name of the Other Residential Component, the Non-Residential

Component and any branding/designation of the entire development of the
Larger Property / Whole Project shall be as decided by the Promoter from
time to time.

(viii) The nature of development of the Larger Property will be phase wise and
would constitute a mixture of users as may be permissible under applicable
law from time to time.

(ix) The scheme and scale of development proposed to be carried out by the
Promoter on the Larger Property shall be in accordance with applicable law
as amended from time to time.

(x) The Promoter shall be entitled to put hoarding/boards of their Brand Name
(including any brand name the Promoter is permitted to use), in the form of
Neon Signs, MS Letters, Vinyl & Sun Boards and/or such other form as the
Promoter may in its sole discretion deem fit on the Larger Property and on
the façade, terrace, compound wall or other part of the
buildings/towers/wings as may be developed from time to time. The
Promoter shall also be entitled to place, select, decide hoarding/board sites.

(xi) The Promoter shall be entitled to confer title of particular tower/wing to the
Exquisite Society (defined below) and the Other Residential Component
Societies (defined below), as mentioned at Clause 10.2 below.

(xii) The details of formation of the Apex Body (defined below), and, conferment
of title upon the Apex Body with respect to a portion of the Larger Property
and the Whole Project Included Amenities (defined below) and, retention of
title by the Promoter with respect to the Commerz Buildings, the Amenities
for Commerz Buildings, the Commerz Buildings of the Larger Property, the
Non-Residential Component, the Non-Residential Portion of the Larger
Property and the Non-Residential Exclusive Amenities, is more particularly
mentioned at Clause 10 below.

(xiii) The statutory approvals may require the Promoter to hand over certain
stipulated percentage of the Larger Property to the concerned authorities or
develop the same as public amenity. The Promoter shall determine and
identify the portion and location of the Larger Property to be handed over for
complying with the terms and conditions of statutory approvals. The portion
of the Larger Property left over after handing over the stipulated percentage
if any, to the MCGM or statutory authority and/or developing as a public
amenity including the PPL, set back land, reservations and also exclusive of
the Commerz Buildings, the Amenities for Commerz Buildings, the Non-
Residential Component, the Non-Residential Portion of the Larger Property
and the Non-Residential Exclusive Amenities would be available for transfer

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to the Apex Body as mentioned at Clause 10.3 below.

(xiv) The Promoter would be entitled to aggregate any contiguous land parcel with
the development of the Larger Property, as provided under the Proviso to
Rule 4(4) of the RERA Rules (defined below).

(xv) The Promoter is entitled to amend, modify and/or substitute the plans relating
to the Land Earmarked For Future Development, in full or in part, as may be
required by the applicable law from time to time.

F. The development of the Real Estate Project known as ‘Esquire inter alia consisting
of Building No. 2 comprising of Towers A, B and C is presently being developed as
a phase of the Whole Project and proposed as a “real estate project” by the Promoter
and is being registered as a ‘real estate project’ (“the Real Estate Project”) with the
Maharashtra Real Estate Regulatory Authority (“Authority”), under the provisions
of Section 5 of the Real Estate (Regulation and Development) Act, 2016 (“RERA”)
read with the provisions of the Maharashtra Real Estate (Regulation and
Development) (Registration of real estate projects, Registration of real estate agents,
rates of interest and disclosures on website) Rules, 2017 (“RERA Rules”) and the
other Rules, Regulations, Circulars and Rulings issued thereunder from time to time.
The Authority has duly issued the Certificate of Registration No. [●] dated [●] for
the Real Estate Project and a copy of the RERA Certificate is annexed and marked
as Annexure “4” hereto.

G. The principal and material aspects of the Real Estate Project as being registered with
the Authority, are briefly stated below,-

(i) Towers A, B and C constitute the Real Estate Project in accordance with the
provisions of RERA and the RERA Rules. The Real Estate Project is being
constructed and developed upon a portion of the Larger Property as shown in
red colour wash on the plan annexed and marked as Annexure “1” hereto and
more particularly described in the Second Schedule hereunder written.

(ii) The construction and development of Building No. 2 comprising of Towers A,

B and C of the Real Estate Project are presently sanctioned in the manner stated
inter-alia in the IOD and CC (both defined below), which shall be amended,
modified, revised, varied, changed from time to time, and presently, it is
contemplated that Towers A, B and C of the Real Estate Project shall be
constructed as more particularly described in the Second Schedule hereunder
written.

(iii) The name of the Real Estate Project shall at all times be ‘Esquire’.

(iv) The Real Estate Project is proposed to inter alia comprise of apartments, flat/s,
premises;

(v) The details of FSI as sanctioned till date for consumption in the construction
and development of the Real Estate Project and the further FSI that the
Promoter proposes to eventually consume and the aggregate FSI to be utilized
in the construction and development of the Real Estate Project are more
particularly set out in the Second Schedule hereunder written.

(vi) The Allottee/s agree(s) that the Promoter shall be entitled to provide and
designate certain common areas and facilities appurtenant to
apartments/flats/premises in the Real Estate Project as limited and exclusive

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common areas and facilities, the usage whereof shall be limited and exclusive
to the allottee/s of such apartments/flats/premises and to the exclusion of
other allottee/s in the Real Estate Project (“Limited Areas and Facilities”).
The Allottee/s agree(s) to use only the Limited Areas and Facilities
specifically identified for the Allottee/s in the said Premises and appurtenant
to the said Premises and as more particularly described in the Seventh
Schedule hereunder written. The Allottee/s agree(s) to not use the Limited
Areas and Facilities identified for other allottee/s nor shall the Allottee/s
has/have any claim(s) of any nature whatsoever with respect to the Limited
Areas and Facilities identified for other allottee/s and/or the usage thereof.

(vii) The common areas, facilities and amenities in the said Tower (defined below)
in the Real Estate Project that may be usable by the Allottee/s and other
allottee/s within the said Tower on a non-exclusive basis (“Tower
Amenities”) in the Real Estate Project are listed in the Third Schedule
hereunder written.

(viii) The common areas, facilities and amenities in the Real Estate Project that
may be usable by the Allottee/s and other allottee/s in the Real Estate Project
on a non-exclusive basis (“Real Estate Project Amenities”) are listed in the
Fourth Schedule hereunder written.

(ix) The Limited Areas and Facilities, the Tower Amenities, the Real Estate Project
Amenities, the Whole Project Included Amenities, the Other Residential
Exclusive Amenities and the Non-Residential Exclusive Amenities shall
hereinafter be collectively referred to as the “Entire Amenities”.

(x) The Promoter has commenced the process of obtaining the necessary approvals
for construction and development of a multi-storey Public Parking Lot
(“PPL”) as a scheme and component of the Whole Project at any location on
the Larger Property including beneath the Real Estate Project in accordance
with the provisions of Regulation 33(24) of the DCR and applicable law, which
PPL may be constructed up to approximately 1,90,840 square meters and may
be spread over such basement and podium areas in the Whole Project
(including the Real Estate Project) as the Promoter may decide at its sole
discretion. The tower/s comprised in the Real Estate Project/Whole Project and
the PPL may form a composite structure and will be developed by the Promoter
as per the plans as may be sanctioned by the concerned authorities from time
to time. Therefore, the PPL shall operate as an independent unit. The Allottee/s
has/have been made fully aware of the PPL scheme by the Promoter and the
same is understood and agreeable to the Allottee/s.

The PPL will eventually be handed over to the MCGM, and which will
thereafter be operated and managed as the MCGM may decide. The Promoter
shall be entitled to utilise and exploit the incentive/additional FSI sanctioned
by the MCGM in lieu of development and delivery of the PPL in the manner
the Promoter may in its sole discretion deem fit.

(xi) The Promoter shall be entitled to put hoarding/boards of their Brand Name
(including any brand name the Promoter is permitted to use), in the form of
Neon Signs, MS Letters, Vinyl & Sun Boards and/or such other form as the
Promoter may in its sole discretion deem fit on the Real Estate Project and
on the façade, terrace, compound wall or other part of the Real Estate Project.
The Promoter shall also be entitled to place, select, decide hoarding/board
sites.

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(xii) The Promoter shall be entitled to designate any spaces/areas, including on

the terrace levels of the Real Estate Project and in the basement levels of the
Whole Project, for third party service providers, for facilitating provision and
maintenance of utility services (such as power, water, drainage and radio and
electronic communication) to be availed by the Allottee/s and other allottees
of apartments/flats in the Real Estate Project and/or other allottees in the
Whole Project. Such designation may be undertaken by the Promoter on
lease, leave and license basis or such other method. For this purpose, the
Promoter may lay and provide the necessary infrastructure such as cables,
pipes, wires, meters, antennae, base sub-stations, towers etc at such
location(s) as the Promoter deems fit and the Allottee/s shall not challenge
the same in any manner whatsoever.

(xiii) The details of formation of the Society (defined below) and, conferment of
title upon the Society (defined below) with respect to the said Tower and the
Real Estate Project are more particularly specified in Clause 10.1 and Clause
10.2 below.

(xiv) A copy of the Intimation of Disapproval bearing no. CHE/9106/BP(WS)/AP

dated 29th March, 2007 and lastly amended/revised on 29th May, 2017 (“IOD”)
read with the Approved Layout and Commencement Certificate issued by the
MCGM on 18th April, 2011 and lastly re-endorsed on 3rd June, 2017 (“CC”)
in respect of the Real Estate Project, are hereto annexed and marked as
Annexure “5”.

H. The Allottee/s is/are desirous of purchasing a residential premises more particularly

described in the Seventh Schedule hereunder written in the Real Estate Project
(hereinafter referred to as the "said Premises”) and in the tower more particularly
mentioned in the Seventh Schedule hereunder written (hereinafter referred to as the
"said Tower”). The authenticated copy of the plan of the said Premises, is annexed
and marked as Annexure “6” hereto.

I. The Promoter has entered into a prescribed agreement with an Architect, registered
with the council of Architects and also appointed Structural Engineers for preparing
structural designs, drawings and specifications of the Real Estate Project and the
Allottee/s accept(s) the professional supervision of the said Architect and the said
Structural Engineers (or any replacements / substitutes thereof) till completion of the
Real Estate Project.

J. The Promoter has the right to sell the said Premises in the Real Estate Project to be
constructed by the Promoter, and, to enter into this Agreement with the Allottee/s of
the said Premises to receive the sale price in respect thereof.

K. The Allottee/s has/have demanded inspection/information from the Promoter and the
Promoter has granted inspection of the following documents and information to the
Allottee/s and/or the Allottee/s’s Advocates/consultants:

(i) All title documents by which the Promoter has acquired right, title and interest
to develop the Larger Property;

(ii) All the approvals and sanctions of all relevant authorities for the development
of the Larger Property, Real Estate Project and the Whole Project including
layout plans, building plans, floor plan, change of user permissions, IODs,

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CCs, Traffic NOC, MOEF EC NOC etc. and such other documents as required
under Section 11 of RERA;

(iii) All the documents mentioned in the Recitals hereinabove;

(iv) Title Certificate;

(v) Authenticated copies of the Property Register Cards for C.T.S. Nos. 95/4/B/1,
95/4/B/2, 95/4/B/3 and 95/4/B/4 of Village Dindoshi and CTS No. 590/A/A/1
of Village Pahadi Goregaon (East) i.e. the Larger Property, which is annexed
and marked as Annexure “7” hereto.

L. While sanctioning the plans, approvals and permissions as referred hereinabove, the
competent authorities have laid down certain terms, conditions, stipulations and
restrictions which are to be observed and performed by the Promoter while
developing the Real Estate Project and upon due observance and performance of
which only, the Occupation Certificate and Building Completion Certificate in
respect of the Real Estate Project shall be granted by the competent authority.

M. The Promoter has accordingly commenced construction of the Real Estate Project in
accordance with the sanctioned plans, proposed plans and approvals and permissions,
as referred hereinabove.

N. Prior to execution of this Agreement, the Allottee/s has/have obtained independent

legal advice with respect to this Agreement and the transaction contemplated herein
with respect to the said Premises, made enquiries thereon and is satisfied with respect
to, (i) the title of the Promoter to develop the Real Estate Project, the Whole Project
and the Larger Property, and such title being clear and marketable; (ii) the approvals
and permissions (including IOD and CC) obtained till date and (iii) the Promoter’s
entitlement to develop the Real Estate Project, the Whole Project and the Larger
Property and construct the Real Estate Project under various provisions of the DCR and
applicable law and sell the premises therein. The Allottee/s hereby undertake(s) not to
hereafter raise any objection and/or make any requisitions with respect to the title of
the Promoter to the Larger Property. The Allottee/s undertake(s) that he/she/it/they
has/have verified with his/her/its/their financial advisor and confirm that the Allottee/s
has/have the financial capability to consummate the transaction.

O. The Allottee/s has, prior to the date hereof, examined a copy of the RERA Certificate
and has caused the RERA Certificate to be examined in detail by his/her/its Advocates
and Planning and Architectural consultants. The Allottee/s has agreed and consented
to the development of the Whole Project (as defined hereinbelow). The Allottee/s has
also examined all documents and information uploaded by the Promoter on the website
of the Authority as required by RERA and the RERA Rules and has understood the
documents and information in all respects.

P. The carpet area of the said Premises as defined under the provisions of RERA, is more
particularly described in the Seventh Schedule hereunder written.

Q. The Parties relying on the confirmations, representations and assurances of each

other to faithfully abide by all the terms, conditions and stipulations contained in this
Agreement and all applicable laws, are now willing to enter into this Agreement on
the terms and conditions appearing hereinafter.

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R. The Promoter has agreed to sell to the Allottee/s and the Allottee/s has/have agreed
to purchase and acquire from the Promoter, the said Premises, at or for the price more
particularly described in the Seventh Schedule hereunder written and upon the terms
and conditions mentioned in this Agreement. Prior to the execution of these presents,
the Allottee/s has/have paid to the Promoter part payment of the Sale Price (defined
below) as more particularly described in the Seventh Schedule hereunder written
and agreed for the said Premises to be sold by the Promoter to the Allottee/s as
advance payment and part of the Earnest Money (defined below) (the payment and
receipt whereof the Promoter both hereby admits and acknowledges).

S. Under Section 13 of the RERA, the Promoter is required to execute a written

agreement for sale of the said Premises with the Allottee/s i.e. this Agreement, and is
also required to register this Agreement under the provisions of the Registration Act,
1908.

T. In accordance with and subject to the terms and conditions set out in this Agreement,
the Promoter hereby agrees to sell and the Allottee/s hereby agree(s) to purchase and
acquire, the said Premises.

U. This Agreement shall be subject to the provisions of RERA, RERA Rules and all other
Rules, Regulations, Office Orders, Circulars, Notifications and Rulings made
thereunder and/or by the Authority/Appellate Tribunal from time to time.

V. The list of Annexures attached to this Agreement are stated hereinbelow:

Annexure “1” Copy of the ALPS and the plan indicating the Larger
Property and the Real Estate Project;
Annexure “2” Copy of the Approved Layout;
Annexure “3” Copy of the Title Certificate;
Annexure “4” Copy of the RERA certificate;
Annexure “5” Copy of the IOD and CC;
Annexure “6” Copy of the plan of the said Premises;
Annexure “7” Copy of the Property Register Card for C.T.S. No. C.T.S.
Nos. 95/4/B/1, 95/4/B/2, 95/4/B/3 and 95/4/B/4 of Village
Dindoshi and CTS No. 590/A/A/1 of Village Pahadi
Goregaon (East); and
Annexure “8” Copy of the typical floor plan.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY

AND BETWEEN THE PARTIES HERETO AS UNDER:

1. INTERPRETATION

The aforesaid Recitals and the Schedules and Annexures hereto shall form an integral
and operative part of this Agreement.

2. The Promoter shall construct the Real Estate Project in accordance with the plans,
designs and specifications as referred hereinabove including at Recital G, and as
approved by the MCGM from time to time.

PROVIDED THAT the Promoter shall have to obtain prior consent in writing of the
Allottee/s in respect of any variations or modifications which may adversely affect the
size or location of the said Premises of the Allottee/s, except, any alteration or addition
required by any Government authorities, or, due to change in law, or, any change as
contemplated by any of the disclosures already made to the Allottee/s. Adverse effect

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with reference to this clause shall mean the change in location of the said Premises
within the said Tower.

3. PURCHASE OF THE SAID PREMISES AND SALE PRICE

3.1 The Allottee/s hereby agree(s) to purchase and acquire from the Promoter, and
the Promoter hereby agree(s) to sell to the Allottee/s, the said Premises with
carpet area as per RERA as more particularly described in the Seventh
Schedule hereunder written and as shown in the floor plan annexed and marked
Annexure “8” hereto, at and for the Sale Price more particularly mentioned in
the Seventh Schedule hereunder written.

3.2 The Promoter shall provide to the Allottee/s absolutely free of any
consideration, cost, charge and/or fee, permission to park the Allottee/s’s own
vehicle and also for parking guests/visitors’ vehicle and for no other purpose
whatsoever, in the car parking space/s as a common area and more particularly
mentioned in the Fifth Schedule hereunder written being constructed on the
basement/podium/stilt of the Whole Project. The exact location and
identification of such car parking space/s will be finalized by the Promoter only
upon completion of the Real Estate Project in all respects.

3.3 The Sale Price for the said Premises (inclusive of the proportionate price of the
Limited Areas and Facilities, if any) is mentioned in the Seventh Schedule
hereunder written (“the Sale Price”). It is expressly agreed between the Parties
that for the purpose of this Agreement, 20% (twenty percent) of the Sale Price
is earnest money and is referred to herein as the “Earnest Money”.

3.4 The Allottee/s has/have paid before execution of this Agreement, part payment
of the Sale Price of the said Premises as more particularly described in the
Seventh Schedule hereunder written and hereby agree(s) to pay to the Promoter
the balance amount of the Sale Price in the manner and payment instalments
more particularly mentioned in the Eighth Schedule hereunder written.

3.5 In addition to the Sale Price, the Allottee/s shall also bear and pay the taxes,
consisting of tax paid or payable by way of GST, Service Tax, Value Added
Tax and all levies, duties and cesses or any other indirect taxes which may be
levied, in connection with the construction of and carrying out the Real Estate
Project and/or with respect to the Premises and/or this Agreement. It is clarified
that all such taxes, levies, duties, cesses (whether applicable/payable now or
which may become applicable/payable in future) including GST, Service Tax,
Value Added Tax and all other indirect and direct taxes, duties and impositions
applicable 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 Premises, shall be borne and paid by the Allottee/s alone and
the Promoter shall not be liable to bear or pay the same or any part thereof.

3.6 The Sale Price is escalation-free, save and except escalations/increases, due to
increase on account of development charges payable to the competent authority
and/or any other increase in charges which may be levied or imposed by the
competent authority / Local Bodies / Government from time to time. The
Promoter undertakes and agrees that while raising a demand on the Allottee/s
for increase in development charges, cost, or levies imposed by the competent
authorities etc., the Promoter shall enclose the said notification / order / rule /
regulation / demand, published/issued in that behalf to that effect along with the

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demand letter being issued to the Allottee/s, which shall only be applicable on
subsequent payments.

3.7 The Promoter shall confirm the final carpet area that has been allotted to the
Allottee/s after the construction of the said Tower / Real Estate Project is
complete and the Occupation Certificate is granted by the MCGM, by
furnishing details of the changes, if any, in the carpet area, subject to a variation
cap of 3% (three per cent). The total Sale Price payable on the basis of the carpet
area of the said Premises, shall be recalculated upon confirmation by the
Promoter. If there is any reduction in the carpet area within the defined limit of
3%, then, the Promoter shall refund the excess money paid by the Allottee/s
within 45 (forty-five) days with annual interest at the rate specified in the RERA
Rules, from the date when such an excess amount was paid by the Allottee/s. If
there is any increase in the carpet area allotted to the Allottee/s, the Promoter
shall demand additional amount from the Allottee/s towards the Sale Price, which
shall be payable by the Allottee/s prior to taking possession of the said Premises.
It is clarified that the payments to be made by the Promoter/Allottee, as the case
may be, under this Clause 3.7, shall be made at the same rate per square meter
as agreed in Clause 3.1 above.

3.8 The Allottee/s authorize(s) the Promoter to adjust/appropriate all payments

made by him/her/them under any head(s) of dues against lawful outstanding, if
any, in his/her/their name as the Promoter may in its sole discretion deem fit
and the Allottee/s undertake(s) not to object/demand/direct the Promoter to
adjust his/her/their payments in any manner.

3.9 On a written demand being made by the Promoter upon the Allottee/s with
respect to a payment amount (whether the Sale Price or any other amount
payable in terms of this Agreement), the Allottee/s shall pay such amount to the
Promoter, within 7 (seven) days of the Promoter’s said written demand, without
any delay, demur or default.

3.10 The Promoter shall be entitled to securitise the Sale Price and other amounts
payable by the Allottee/s under this Agreement (or any part thereof), in the
manner permissible under RERA, in favour of any persons including
banks/financial institutions and shall also be entitled to transfer and assign to
any persons the right to directly receive the Sale Price and other amounts
payable by the Allottee/s under this Agreement or any part thereof. Upon receipt
of such intimation from the Promoter, the Allottee/s shall be required to make
payment of the Sale Price and other amounts payable in accordance with this
Agreement, in the manner as intimated.

3.11 The Sale Price is only in respect of the said Premises (inclusive of the
proportionate price of the Limited Areas and Facilities, if any). The Promoter has
neither charged nor recovered any price, fee, compensation and/or consideration
for the said car parking space/s.

3.12 The Allottee shall deduct tax at source (“TDS”) from each instalment of the Sale
Price as required under the Income-tax Act, 1961. The Allottee shall duly cause
the TDS Certificate to be issued in accordance with the Income Tax Act, 1961 at
the earliest. In the event of any loss of tax credit to the Promoter due to the
Allottee/s’s failure to furnish such TDS Certificates from time to time, then, such
loss shall be recovered by the Promoter from the Allottee/s.

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4. DISCLOSURES TO THE ALLOTTEE & RIGHTS AND ENTITLEMENTS OF

THE PROMOTER

The Allottee/s agree(s), declare(s) and confirm(s) that,-

4.1 Title:

The Allottee/s has/have satisfied himself/herself/itself/themselves about the title of the

Promoter to the Larger Property and the entitlement of the Promoter to develop the
Larger Property. The Allottee/s shall not be entitled to further investigate the title of
the Promoter and no requisition or objection shall be raised on any matter relating
thereto.

4.2 Approvals:

4.2.1 The Allottee/s has/have satisfied himself/herself/itself/themselves with respect

to the approvals and permissions issued in respect of the development of the
Real Estate Project, the Whole Project and the Larger Property.

4.2.2 The Allottee/s has/have satisfied himself/herself/itself/themselves with respect

to the drawings, plans and specifications in respect of the said Tower, the Real
Estate Project, the layout thereof, the layout of the Whole Project, IOD, CC,
building plans, floor plans, designs and specifications, common areas, facilities
and amenities (including as mentioned in the Third, Fourth and Fifth
Schedule hereunder written), and the entitlement of the Promoter to provide
and designate the Limited Areas and Facilities, the Amenities for Exquisite, the
Amenities for Commerz Buildings, the Other Residential Exclusive Amenities
and the Non-Residential Exclusive Amenities.

4.2.3 The Allottee/s has/have satisfied himself/herself/itself/themselves with respect

to the internal fixtures and fittings to be provided in the said Premises, as listed
in the Sixth Schedule hereunder written.

4.2.4 The Allottee/s has/have satisfied himself/herself/itself/themselves with respect

to the designs and materials for construction of the Real Estate Project on the
Larger Property.

4.2.5 At present, the Promoter estimates that the full and maximal development
potential of the Whole Project, Larger Property and the Adjoining Properties
(defined below) as mentioned at Recital G above may permit utilisation of the
Full Development Potential on the Larger Property. The aforesaid
development potential may increase during the course of development of the
Whole Project, the Larger Property and/or the Adjoining Properties, and the
Promoter shall be entitled to all such increments and accretions.

4.2.6 The Promoter currently envisages that the Whole Project Included Amenities,
shall be provided in the layout of the Whole Project and the Larger Property.
Whilst undertaking the development of the Whole Project and the Larger
Property to its full and maximal potential as mentioned at Recital E above,
there may be certain additions/modifications to the Whole Project Included
Amenities and/or relocations/realignments/re-designations/changes, and the
Allottee hereby consents and agrees to the same.

4.2.7 As mentioned at Recital N above, the Allottee/s has/have carried out

his/her/it’s/their independent due diligence and search in respect of the

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development of the said Tower, the Real Estate Project and the Whole Project
being undertaken by the Promoter and pursuant thereto, find no inconsistency
in the development/construction of the said Tower, the Real Estate Project, the
Whole Project and the Larger Property, and also in compliance of applicable
laws including but not limited to the DCR.

4.3 Construction & Finishing:

4.3.1 The Promoter has appointed/will appoint, third party contractors(s) for
construction and execution of the Real Estate Project. In case of defect(s) in
construction or workmanship, the Promoter and the Allottee/s shall collectively
approach the third party contractor(s) for the rectification of the defect(s).

4.3.2 In spite of all the necessary steps and precautions taken while designing and
constructing the Real Estate Project, the concrete slabs/beams may deflect due
to self-weight, imposed load, creep and/or shrinkage phenomena (the inherent
properties of concrete), for years after construction. Further, the Allottee/s may
come across cracks in finishes, flooring, ceiling, slab gypsum etc. as a result of
such slab/beam deflection and also caused due to any renovation and /or
alterations etc. carried out by the Allottee/s and any other allottee/s/occupants
of the other apartments/flats in the Real Estate Project. The Allottee/s agree(s)
and covenant(s) not to hold the Promoter liable and/or responsible for any such
defects arising out of inherent properties of concrete and/or caused due to any
renovations and/or alterations etc. carried out by the Allottee/s and any other
allottee/s/occupants of the Real Estate Project and the Allottee/s shall not raise
any claim(s) against the Promoter in this regard.

4.3.3 All materials including marble, granite, timber etc., contain veins and grains
with tonality differences and though the Promoter shall pre-select such natural
materials for installation in the Real Estate Project, their non-conformity,
natural discolouration or tonal differences at the time of installation is
unavoidable and the Promoter shall not be responsible and/or liable for the
same and the Allottee/s shall not raise any claim(s) against the Promoter in this
regard.

4.4 Rights and Entitlements of the Promoter & Nature of Development of the Larger
Property:

The Allottee/s agree(s), accept(s) and confirm(s) that the Promoter is entitled to the
rights and entitlements in this Agreement including as stated in this Clause 4.4 in
accordance with what is stated at Recitals E and G hereinabove:-

4.4.1 The Larger Property is being developed in a phase-wisemanner by constructing

and developing multiple buildings/towers/wings/structures thereon including
the Real Estate Project, Other Residential Component, the Non-Residential
Component and the Entire Amenities for residential/non-residential user/s as
may be permissible, in the manner more particularly detailed at Recitals E and
G hereinabove. The Promoter shall be entitled to develop the Larger Property
as the Promoter deems fit in accordance with the approvals and permissions as
may be issued from time to time and this Agreement and the Allottee/s has/have
agreed to purchase the said Premises based on the unfettered rights of the
Promoter in this regard.

4.4.2 As a part of the development of the Larger Property and certain adjoining
properties, the Promoter has disclosed inter alia the following-,

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4.4.2.1 On a portion of the Larger Property, the Promoter has already

constructed the Exquisite Residential Component, the Amenities for
Exquisite the Commerz Buildings and the Amenities for Commerz
Buildings .

4.4.2.2 Other than the Larger Property, the Promoter is also the owner of or
otherwise entitiled to independent pieces of land on the east
boundary of the Larger Property being Sub-Plot A (which is
naturally sub-divided by a D.P. Road), on which the Promoter has
constructed/proposes to construct residential and non-residential
developments. It is clarified and agreed that this Sub-Plot A does
not form a part of the Larger Property and the Promoter shall deal
with the same in such manner as it may in its sole discretion deem
fit.

4.4.2.3 A wholly owned subsidiary of the Promoter is the owner of an

independent piece of land to the north-west boundary of the Larger
Property being Sub-Plot C (which is naturally sub-divided by a D.P.
Road), on which a retail Mall has been constructed. It is clarified
and agreed that this Sub-Plot C does not form a part of the Larger
Property and the Promoter’s wholly owned subsidiary shall
continue to own the same and deal with the same in such manner as
it may in its sole discretion deem fit.

4.4.3 The Promoter shall be exclusively entitled to utilise, exploit and consume the
entire inherent development potential of the Larger Property and/or Adjoining
Properties (including by way of FSI and Transfer of Development Rights
(“TDR”) nomenclatured in any manner including
additional/incentive/special/premium/fungible/compensatory FSI), as well as
any further/future development potential capable of being utilised on the Larger
Property or any part thereof and Adjoining Properties or any part thereof
(including FSI/TDR nomenclatured in any manner and purchased TDR),
whether balance or increased, at present or in future, and as may arise due to
any reason including change in applicable law or policy. Such development
potential shall vest with the Promoter and has been reserved by the Promoter
unto itself, and may be utilised by the Promoter as the Promoter deems fit. The
Promoter shall always be the owner and will have all the rights, title, interest
in respect of the unsold premises, unalloted/unassigned car parking spaces,
common areas facilities and amenities open spaces, lobbies, staircases, terrace,
swimming pool, gymnasium, or any similar facility/ies and all other areas, etc.
The Allottee/s will not have any right, title, interest, etc. in respect of the
common areas and such other areas as may be designated as common areas by
the Promoter and all other areas, save as specifically stated in this Agreement
and the Allottee/s has/have agreed to purchase the said Premises based on the
unfettered rights of the Promoter in this regard.

4.4.4 The Promoter has commenced the process of obtaining the necessary approvals
for construction and development of the PPL as a scheme and component of
the Whole Project at any location on the Larger Property including beneath the
Real Estate Project in accordance with the provisions of Regulation 33(24) of
the DCR and applicable law, which PPL will eventually be handed over to the
MCGM, and which will thereafter be operated and managed as the MCGM
may decide. The PPL shall be constructed up to approximately 190,840 square
meters and may be spread over such basement and podium areas in the Whole

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Project (including the Real Estate Project) as the Promoter may decide at its
sole discretion. The tower/s comprised in the Real Estate Project/the Whole
Project and the PPL may form a composite structure and will be developed by
the Promoter as per the plans as may be sanctioned by the concerned authorities
from time to time. Therefore, the PPL shall operate as an independent unit. The
Allottee/s has/have been made fully aware of the PPL scheme by the Promoter
and the same is understood and agreeable to the Allottee/s. The Promoter shall
be entitled to utilise and exploit the incentive/additional FSI sanctioned by the
MCGM in lieu of development and delivery of the PPL in the manner the
Promoter may in its sole discretion deem fit. The proposed PPL may use such
entry and exit points and access in common with other allottee/s in the Whole
Project and/or may have independent and exclusive entry and exit points and
access that shall not be usable by the Allottee or any other allottee/s in the
Whole Project. The Promoter shall amend the sanctioned plans from time to
time for the construction and development of the PPL. In the event the PPL
scheme is not implemented for any reason whatsoever or to the extent as
envisaged, the basements and podiums shall be reduced accordingly and the
same is understood and agreeable to the Allottee/s and the Allottee/s shall not
raise any claim(s) against the Promoter in this regard.

4.4.5 The construction and development of the Real Estate Project being a phase of
the Whole Project is presently sanctioned in the manner stated inter-alia in the
IOD and CC and the layout for the Real Estate Project/the Whole Project As
mentioned and as disclosed at Recital E and G hereinabove and as disclosed in
the ALPS and as part of the Land Earmarked For Future Development, the
IOD, CC, layout for the Real Estate Project/the Whole Project and other plans
and approvals shall be amended, modified, revised, varied, changed from time
to time to utilize the Full Development Potential of the Whole Project. The
Allottee/s agree(s), accept(s) and confirm(s) that the fundamental entitlement
of the Promoter to utilise, exploit and consume the Full Development Potential
of the Whole Project (both inherent and further/future) as stated at Recital E
above, would require the Promoter to amend, modify, vary, alter, change,
substitute and rescind the plans in respect of the Whole Project or any part
thereof (including layout plans, building plans, floor plans) and undertake such
modified/altered/new construction and development in accordance therewith.
Consequently and after negotiations and discussions between the Allottee/s and
the Promoter, the Allottee/s agree(s), accept(s) and confirm(s) that in the course
of development of the Whole Project as disclosed at Recital E including in the
ALPS and until completion of the development thereof in the manner stated in
this Agreement, the Promoter shall be entitled to do the following as it may in
its sole discretion deem fit, subject however to the said Premises not being
adversely affected -

4.4.5.1 Develop the Whole Project and the Larger Property and construct the
building(s) thereon including the Real Estate Project, the Other
Residential Component, the Non-Residential Component and the
Entire Amenities;

4.4.5.2 Apply for and obtain approvals and permissions in phases, including
amendments to existing approvals and permissions and part
occupation certificates;

4.4.5.3 Amend, modify, vary, alter, change, substitute, rescind, re-design and
re-locate the existing layout plans, building plans, floor plans
(including increase/decrease of floor levels) (including the IOD and

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CC), design, elevation for the purpose of exploiting and consuming the
full and maximal development potential of the Whole Project and the
Larger Property (both inherent and further/future) at present and in
future;

4.4.5.4 To apply for and obtain amended/substituted/revised/modified layout

plans, building plans and floor plans sanctioning construction of the
Real Estate Project and the Whole Project upto such floors as may be
permissible whilst exploiting the full and maximal development
potential of the Whole Project and the Larger Property as stated in this
Agreement;

4.4.5.5 Make amendments, modifications, variations, alterations, changes,

deletions and revisions with respect to the development of the Whole
Project;

4.4.5.6 To construct, develop and raise buildings, structures, towers and wings
on the Larger Property, with and without common podium levels and
other common levels;

4.4.5.7 To construct, develop and raise additional levels, floors and storeys in
buildings, structures, towers and wings on the Whole Project and the
Larger Property and the Allottee/s shall not have any claim(s) against
the Promoter in this regard;

4.4.5.8 To construct lesser number of upper floors (from what is disclosed in

the ALPS) in respect of the said Tower and/or the Real Estate Project
and/or the Other Residential Component and/or the Non-Residential
Component or any part thereof, and the Allottee/s shall not have any
claim(s) against the Promoter in this regard;

4.4.5.9 To construct in, over or around or above the terrace of the Real Estate
Project any additional area or facility, as may be permitted under
applicable law, including the rules of the MCGM and/or any other
authority;

4.4.5.10 Construct site offices/sales lounge on the Whole Project and the
Larger Property (or part thereof) and to access the same at any time;

4.4.5.11 To (by itself or through its workmen, staff, employees,

representatives and agents) enter into and upon the Whole Project and
the Larger Property and any construction thereon including the the
said Tower, the Real Estate Project, the Other Residential Component
and the Non-Residential Component, including to view and examine
the condition and state thereof;

4.4.5.12 To use the common areas, facilities and amenities, internal access
roads and all facilities, amenities and services in the layout of the
Whole Project and the Larger Property;

4.4.5.13 To market, sell, transfer, mortgage, alienate and dispose of or grant

rights with respect to the units/premises/spaces/areas in/on the Whole
Project and the Larger Property and all its right title and interest
therein; provided however that for any mortgage of the said Premises
by the Promoter, prior consent of the Allottee will be required;

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4.4.5.14 To allot and grant car parking spaces in/on the Whole Project and
the Larger Property to allottee/s of units/premises in/on the Whole
Project and the Larger Property;

4.4.5.15 To grant or offer upon or in respect of the Whole Project and the
Larger Property or any part thereof, to any third party including
allottee/s therein, all such rights, benefits, privileges, easements
including right of way, right to draw water, right to draw from or
connect to all drains, sewers, installations and/or services in the
Whole Project and the Larger Property.

4.4.5.16 The Promoter has informed the Allottee/s that there may be common
access road, street lights, common recreation space, passages,
electricity and telephone cables, water lines, gas pipelines, drainage
lines, sewerage lines, sewerage treatment plant and other common
amenities and conveniences in the layout of the Larger Property. The
Promoter has further informed the Allottee/s that all the expenses and
charges of the aforesaid amenities and conveniences may be common
and the Allottee/s alongwith other allottee/s of flats/units/premises in
the said Tower and/or the Real Estate Project and/or in the Whole
Project, and the Allottee/s shall share such expenses and charges in
respect thereof as also maintenance charges proportionately. Such
proportionate amounts shall be payable by each of the allottee/s of
flats/units/premises in the Real Estate Project including the Allottee/s
herein and the proportion to be paid by the Allottee/s shall be
determined by the Promoter and the Allottee/s agree(s) to pay the
same regularly without raising any dispute or objection with regard
thereto. Neither the Allottee/s nor any of the allottee/s of
flats/units/premises in the Real Estate Project shall object to the
Promoter laying through or under or over the land described in the
First Schedule and the Second Schedule hereunder written and/or
any part thereof, pipelines, underground electric and telephone
cables, water lines, gas pipe lines, drainage lines, sewerage lines, etc.,
belonging to or meant for any of the other buildings/towers which are
to be developed and constructed on any portion of the Larger
Property.

4.4.5.17 The Promoter shall be entitled to construct in, over or around or above
the terrace of the said Tower/the Real Estate Project any additional
area or facility, including helipads or any other simliar facility/ies as
may be permitted within the rules of the MCGM and/or any other
authority and shall be solely entitled to operate and manage the same.
It is clarified that such additional area or facility, including helipads
or any other simliar facility/ies as mentioned hereinabove shall form
part of the Non-Residential Exclusive Amenities.

4.4.6 As disclosed in this Agreement, the Promoter has presently contemplated to

develop the lands adjacent/adjoining to the Larger Property (hereinafter
referred to as the “Adjoining Properties”). The Promoter shall also be entitled
to/required to club/amalgamate the development of the Larger Property (or part
thereof) with the Adjoining Properties, whether as a common integrated layout
with the Larger Property (or part thereof) or otherwise, in a phase wise manner.
For this purpose, the Promoter shall be entitled to/required to undertake the
following as it may in its sole discretion deem fit,-

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4.4.6.1 Amalgamate schemes of development, land plates, lands, land

composition and land mix,

4.4.6.2 Float FSI/TDR from the Larger Property onto the Adjoining
Properties and from the Adjoining Properties onto the Larger
Property and undertake consequent construction, development, sale,
marketing and alienation,

4.4.6.3 Provide common access and entry and exit points to the Larger
Property (or part thereof) and the Adjoining Properties, which may
be used in common by the occupants of units/premises constructed
on the Larger Property (or part thereof) and the Adjoining Properties,

4.4.6.4 The Promoter reserves its right(s) to amalgamate the Adjoining

Properties with the Larger Property and all references in this
Agreement to the Larger Property shall then be construed as
references to such amalgamated property unless the context
otherwise requires.

4.4.7 The overall development of the Larger Property being dynamic in nature, may
warrant changing or shifting the place/location on which amenities are
provided, including the Whole Project Included Amenities, the Other
Residential Exclusive Amenities and/or the Non-Residential Exclusive
Amenities. The Promoter shall complete the construction of common areas and
facilities as well as the amenities over a period of time and in a phase wise
manner. The Allottee/s agree(s) and accept(s) that the Whole Project Included
Amenities may not be provided simultaneously/contemporaneously with
offering of possession of the said Premises and might be provided only
subsequently.

4.4.8 The Promoter may appoint a single and/or multiple third party/agency for the
purpose of operating and maintaining the said Tower, the Real Estate Project,
the Exquisite Residential Component, the Commerz Buildings, the Other
Residential Component, the Non-Residential Component, the Whole Project
and/or the Larger Property or any part thereof including any common areas
facilities and amenities and limited common areas on such terms and conditions
as it may in its sole discretion deem fit.

4.4.9 Subsequent to the conveyance to the Society, the Exquisite Society and the
Other Residential Component Societies as stated at Clause 10.2 below and the
Apex Body Conveyance (defined below) as stated at Clause 10.4 below and
completion of development of the Whole Project and the Larger Property, the
Promoter will retain air rights (including the air rights above the Real Estate
Project, the Exquisite Residential Component, the Commerz Buildings, the
Other Residential Component and the Non-Residential Component) for
branding and designation of the Promoter with respect to the development of
the Whole Project and the Larger Property. The conveyance to the Society as
stated at Clause 10.2 below, shall be subject to the Promoter having an
irrevocable 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 ‘Oberoi Realty’ project. The Apex
Body Conveyance as stated at Clause 10.4 below, shall be subject to the
Promoter having an irrevocable license in perpetuity with respect to air rights
and branding rights in/upon the Whole Project and the Larger Property and the

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right to designate and brand the overall development of the Whole Project and
Larger Property as an ‘Oberoi Realty’ project.

4.4.10 Until conveyance to the Society, the Exquisite Society and the Other
Residential Component Societies as stated at Clause 10.2 below and the Apex
Body Conveyance as stated at Clause 10.4 below, the Promoter shall always be
entitled to put a hoarding on any part of the Real Estate Project or the Exquisite
Residential Component or the Commerz Buildings or the Other Residential
Component or the Non-Residential Component or the Larger Property
including on the terrace and/or on the parapet wall and/or on the Larger
Property, as the case may be, and the said hoardings may be illuminated or
comprising of neon sign and for that purpose, the Promoter is fully authorised
to allow temporary or permanent construction or erection for installation either
on the exterior of the Real Estate Project or on the Exquisite Residential
Component or on the Commerz Buildings or on the Other Residential
Component or the Non-Residential Component or on the Larger Property as
the case may be. Until such conveyance to the Society, the Exquisite Society
and the Other Residential Component Societies as stated at Clause 10.2 below
and the Apex Body Conveyance as stated at Clause 10.4 below, the Promoter
shall be entitled to use and allow third parties to use any part of the Real Estate
Project and/or the Larger Property respectively for installation of cables,
satellite, communication equipment, cellular telephone equipment, radio
turnkey equipment, wireless equipment and all other equipments etc. and the
Promoter shall be entitled to receive, recover, retain and appropriate all the
rents, profits and other compensation including any increase thereof which
shall belong to the Promoter.

4.4.11 The Promoter shall be entitled to designate any spaces/areas on the Whole
Project and the Larger Property, the Real Estate Project, the Exquisite
Residential Component, the Commerz Buildings, the Other Residential
Component, the Non-Residential Component or any part thereof (including on
the terrace and basement levels of the Real Estate Project) for third party
service providers, for facilitating provision and maintenance of utility services
(including power, water, drainage and radio and electronic communication) to
be availed by the occupants of the units/premises to be constructed thereon.
Such designation may be undertaken by the Promoter on lease, leave and
license basis or such other method as the Promoter may in its sole discretion
deem fit. Further, the infrastrucutre (including cables, pipes, wires, meters,
antennae, base sub-stations, towers) in respect of the utility services may be
laid/provided in the manner the Promoter may require, and may be utilised in
common by occupants of units/premises in the Real Estate Project /on the
Larger Property/on the Adjoining Properties, as the case may be. The Promoter
and its workmen/agents/contractors/employees and any third party contracts
shall be entitled to access and service such infrastructure and utilities over the
Larger Property.

4.4.12 The Promoter shall be entitled to control advertising, marketing, signage,

hoarding and all other forms of signage whatsoever within the Larger Property
till the time of the Apex Body Conveyance as stated at Clause 10.4 below. Such
advertising and signage may comprise of hoardings, print media, electric signs,
and may be constructed in a permanent or temporary manner and may be
maintained, serviced, repaired and replaced and the Promoter and its nominees
shall have access to such hoardings, print media and electric signage for this
purpose.

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 Draft for MahaRERA

4.4.13 The name of the Real Estate Project shall always be “Esquire”, and shall not
be changed without the prior permission of the Promoter.

4.4.14 In the event any flats/premises/spaces/areas in the Real Estate Project are
unsold/unallotted/unassigned on execution and registration of the coneyance to
Society as stated at Clause 10.2 below, the Promoter shall continue to be
entitled to such unsold areas and to undertake marketing etc. in respect of such
unsold areas as stated hereinabove. After the receipt of the Occupation
Certificate, the Promoter shall be required to pay a sum of Rs.1000/- (Rupees
One Thousand only) per month in respect of each unsold premises towards the
outgoings, maintenance and other charges by whatever name called and shall
not be liable or required to bear and/or pay any other amount by way of
contribution, outgoings, deposits, transfer fees/charges and/or non-occupancy
charges, donation, premium any amount, compensation whatsoever to the
Society/Apex Body for the sale/allotment or transfer of the unsold areas in the
Real Estate Project or elsewhere, save and except the municipal taxes at actuals
(levied on the unsold premises).

4.4.15 The Promoter and their surveyors and agents and assigns with or without
workmen and others, shall be permitted at reasonable times to enter into the
said Premises or any part thereof for the purpose of making, laying down
maintaining, repairing, rebuilding, cleaning, lighting and keeping in order and
good condition (including repairing) all services, drains, pipes, cables, water
covers, gutters, wires, walls, structure or other conveniences belonging to or
serving or used for the Real Estate Project. The Allottee/s is/are aware that the
main water/drainage pipes of the Real Estate Project may pass through certain
areas within the said Premises. The Allottee/s agree(s) that he/she/it/they shall
not undertake any civil works/fit out works in such areas within the said
Premises, and/or permanently cover/conceal such areas within the said
Premises, nor shall in any manner restrict the access to the water/drainage pipes
and/or damage the water/drainage pipes.

4.4.16 Without prejudice to what is stated at Clause 7.3 (Transfer of the said
Premises) below, in the event the Allottee/s intend(s) to sell, transfer, lease,
license, assign and/or deal with or dispose of the said Premises and/or the
Allottee/s’ benefit/s under this Agreement, then the Promoter shall be entitled
to a right of first refusal to the said Premises as well as the Allottee/s’ right(s),
title and interest under this Agreement (“ROFR”), which shall be exercised
in the following manner:-

4.4.16.1 The Allottee/s shall address a letter (“Offer Letter”) to the

Promoter stating therein (i) the name and address of the proposed
transferee (ii) the proposed sale price (such sale price shall be
denominated in rupees i.e. INR) and hereinafter referred to as
“Offer Price”), including the proposed amount and consideration
and terms and conditions offered by such proposed transferee, (iii)
the date of consummation of the proposed sale, (iv) a representation
that the proposed transferee has been informed of the terms this
Agreement and in particular, the terms embodied into this clause.
The Offer Letter shall include a calculation of the fair market value
of the said Premises and an explanation of the basis for such
calculation.

4.4.16.2 In the event the Promoter wishes to exercise the ROFR upon the
said Premises, the Promoter shall, at its sole option, be entitled to

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purchase the said Premises under the Offer Letter at the Offer Price,
in which case, the Promoter shall address a letter to the Allottee/s
within a period of 7 (seven) days from the date of the receipt of the
Offer Letter (“Notice Period”) informing the Allottee/s of the
Promoter’s intention to purchase /acquire the said Premises
(“Acceptance Letter”), and till the receipt of the Acceptance Letter
the Allottee/s shall not proceed with the sale/transfer of the said
Premises. Upon issuance of the Acceptance Letter, the Allottee/s
shall be bound to sell and/or transfer the said Premises to the
Promoter or such persons/entities nominated by the Promoter at the
Offer Price.

4.4.16.3 The Promoter may at its sole discretion, on a written request to that
effect made by the Allottee/s prior to the exercise of the option by
the Promoter as contemplated in Clause 4.4.16.2, dispense with the
ROFR upon the Allottee/s making payment of such sum not
exceeding 2% (two per cent) of (a) the Offer Price or (b) the price
at which the Promoter is selling a flat of a similar nature at the
relevant time, whichever is higher, together with GST, Service Tax,
VAT thereon as may be decided by the Promoter. Only after the
Promoter issues the said letter conveying its decision and only upon
the Promoter receiving the amount decided by the Promoter for such
dispensation, shall the Allottee/s be entitled to sell the said Premises
to the said proposed transferee on the same terms and conditions as
were offered by the Allottee/s to the Promoter in the Offer Letter. It
is expressly agreed that the ROFR is a covenant running with the
said Premises and hence will continue with the new purchaser of the
said Premises, and the Allottee/s undertake/s to expressly include
the same vide a specific term in the new agreement for sale between
the Allottee/s and the proposed transferee.

4.4.16.4 The Allottee/s agree(s) that if completion of the sale of the said
Premises to the proposed transferee does not take place (i) within a
period of 15 (fifteen) days from the date of the Allottee/s making
payment of such sum not exceeding 2% (two per cent) together with
applicable taxes thereon as decided by the Promoter in terms of
Clause 4.4.16.3 above or (ii) within 15 (fifteen) days from the
expiry of the Notice Period as contemplated in Clause 4.4.16.2
above, then the Allottee/s right to sell the said Premises to such
proposed transferee shall lapse, the ROFR of the Promoter in
respect of the said Premises shall stand automatically reinstated and
the provisions of Clause 4.4.16 and the process to be followed
therein shall once again apply to the Allottee/s for any subsequent
proposed sale of the said Premises.

It is hereby clarified that, in the event of the Allottee/s proposing to give the
said Premises on lease and/or leave and license basis only, then the provisions
contained in Clauses 4.4.16.1 to 4.4.16.4 above shall not apply, except that,
the Allottee/s shall be required to obtain the prior written permission of the
Promoter before effecting any such lease and/or leave and licence
arrangement

4.4.17 The Promoter shall be entitled to call upon the Allottee/s to satisfy the Promoter
either through the Allottee/s banker’s commitment or in such other manner as
may be determined by the Promoter, with regard to the Allottee’s financial and

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 Draft for MahaRERA

other capabilities to pay the entire Sale Price and all other amounts to the
Promoter and to complete the sale and transfer of the said Premises.

4.5 RIGHTS & ENTITLEMENTS OF THE PROMOTER BEING ESSENCE OF

THE CONTRACT

The Allottee/s agree(s) that since the scheme of development of the Whole Project and
the Larger Property placed before the Allottee/s as disclosed at Recital E above and in
the ALPS envisages the development of the Whole Project and the Larger Property in
a phased manner to the Full Development Potential, the Allottee has/have, after
understanding the nature of the scheme, agreed to the rights and entitlements of the
Promoter as listed in this Agreement and this Clause 4 and in Recitals E and G
hereinabove and in the ALPS and the Land Earmarked For Future Development, and
the retention of these rights by the Promoter unto itself until completion of development
of the Whole Project and the Larger Property as stated herein and as may be permissible
under applicable law and these rights and entitlements shall be the essence of this
Agreement. The Allottee/s agree(s), undertake(s) and confirm(s) that he/she/it/they will
not obstruct, hinder or interfere with the development of the Whole Project and the
Larger Property and/or the Adjoining Properties and all infrastructure thereon including
common areas facilities and amenities and the PPL as envisaged by the Promoter under
the scheme of development.

5. PAYMENTS

5.1 With respect to any payments to be made by the Allottee/s to the Promoter in
accordance with this Agreement, the Allottee/s agree(s), declare(s) and confirm(s)
that:-

5.1.1 On a written demand being made by the Promoter upon the Allottee/s with
respect to a payment amount, the Allottee/s shall pay such amount to the
Promoter, within 7 (seven) days of the Promoter’s said written demand, without
any delay, demur or default.

5.1.2 The Allottee/s shall make all payments as mentioned in this Agreement to the
Promoter together with relevant taxes through an account payee
cheque/demand draft/pay order/wire transfer/RTGS/NEFT drawn in favour
of/to the account of the Promoter, which account is detailed in the Seventh
Schedule hereunder written.

5.1.3 In case the Allottee/s enter(s) into any loan/financing arrangement with any
bank/financial institution as envisaged at Clause 5.2 (Loan & Mortgage)
below, such bank/financial institution shall be required to disburse/pay all such
amounts due and payable to the Promoter under this Agreement, in the same
manner detailed herein.

5.1.4 The timely payment of all the amounts payable by the Allottee/s under this
Agreement (including the Sale Price), is the essence of the contract. An
intimation forwarded by the Promoter to the Allottee/s that a particular
milestone of construction has been achieved shall be sufficient proof thereof.
The Promoter demonstrating despatch of such intimation to the address of the
Allottee/s as stated at Clause 16 (Notice) including by e-mail, shall be
conclusive proof of service of such intimation by the Promoter upon the
Allottee/s, and non-receipt thereof by the Allottee/s shall not be a plea or an
excuse for non-payment of any amount or amounts.

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5.1.5 In the event of delay and/or default on the part of the Allottee/s in making
payment of any GST, Service Tax, VAT, TDS or any other tax, levies, cess
etc., then without prejudice to any other rights or remedies available to the
Promoter under this Agreement or under applicable law, the Promoter shall be
entitled to adjust against any subsequent amounts received from the Allottee/s,
the said unpaid tax, levy, cess etc. along with interest, penalty etc. payable
thereon, from the due date till the date of adjustment.

5.1.6 The Promoter shall have a first and prior charge on the said Premises with
respect to any amounts due and payable by the Allottee/s to the Promoter under
this Agreement.

5.1.7 If the Allottee/s fail(s) to make any payments on the stipulated date/s and time/s
as required under this Agreement, then, the Allottee/s shall pay to the Promoter
interest at the Interest Rate (i.e. State Bank of India Highest Marginal Cost of
Lending Rate plus 2% thereon) in terms of this Agreement, on all and any such
delayed payments computed from the date such amounts are due and payable
till the date such amounts are fully and finally paid together with the interest
thereon at the Interest Rate in terms of this Agreement.

5.1.8 Without prejudice to the right of the Promoter to charge interest at the Interest
Rate in terms of this Agreement, and any other rights and remedies available
to the Promoter, either (a) on the Allottee/s committing default in payment on
due date of any amount due and payable by the Allottee/s to the Promoter under
this Agreement (including his/her/its proportionate share of taxes levied by
concerned local authority and other outgoings) and/or (b) the Allottee/s
committing 3 (three) defaults of payment of instalments of the Sale Price, the
Promoter shall be entitled to at his own option and discretion, terminate this
Agreement, without any reference or recourse to the Allottee/s. Provided that,
the Promoter shall give notice of 15 (fifteen) days in writing to the Allottee/s
(“Default Notice”), by Courier / E-mail / Registered Post A.D. at the address
provided by the Allottee/s, of its intention to terminate this Agreement with
detail(s) 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 fail(s) to
rectify the breach or breaches mentioned by the Promoter within the period of
the Default Notice, including making full and final payment of any outstanding
dues together with the Interest Rate thereon, then at the end of the Default
Notice, the Promoter shall be entitled to terminate this Agreement by issuance
of a written notice to the Allottee/s (“Promoter Termination Notice”), by
Courier / E-mail / Registered Post A.D. at the address provided by the
Allottee/s. On the receipt of the Promoter Termination Notice by the Allottee/s,
this Agreement shall stand terminated and cancelled. On the termination and
cancellation of this Agreement in the manner as stated in this Clause and
without prejudice to the other rights, remedies and contentions of the Promoter,
the Promoter shall be entitled to forfeit the Earnest Money as and by way of
agreed genuine pre-estimate of liquidated damages and not by way of penalty.
Upon registration of the deed of cancellation in respect of the said Premises
and upon resale of the said Premises i.e. upon the Promoter subsequently
selling and transferring the said Premises to another allottee and receipt of the
sale price thereon, the Promoter shall after adjusting the Earnest Money, refund
to the Allottee/s, the balance amount, if any of the paid-up Sale Price and after
also deducting interest on any overdue payments, brokerage/referral fees,
administrative charges as determined by the Promoter and exclusive of any
indirect taxes, stamp duty and registration charges. Further, upon the
termination of this Agreement, the Allottee/s shall have no claim of any nature

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whatsoever on the Promoter and/or the said Premises and the Promoter shall be
entitled to deal with and/or dispose off the said Premises in the manner it deems
fit and proper.

5.1.9 Notwithstanding anything to the contrary contained herein, it is agreed that the
Promoter shall have the irrevocable and unconditional right and entitlement to
apply and/or appropriate and/or adjust any and all the amounts paid by the
Allottee/s to the Promoter either under or pursuant to this Agreement or
otherwise, in such manner and in such order and against such amounts payable
by the Allottee to the Promoter under this Agreement including any amount
that may be outstanding on account of non-payment of TDS or non-submission
of TDS certificate, as the Promoter may in its sole discretion deem fit.

5.1.10 The details of the respective Permanent Account Numbers of the Promoter and
the Allotteeis/are as more particularly mentioned in the Seventh Schedule
hereunder written.

5.2 Loan & Mortgage:

5.2.1 The Allottee/s shall be entitled to avail loan from a bank/financial institution
and to mortgage the said Premises by way of security for repayment of the said
loan to such bank/financial institution, with the prior written consent of the
Promoter. The Promoter shall be entitled to refuse permission to the Allottee/s
for availing any such loan and for creation of any such mortgage/charge, in the
event the Allottee/s has/have defaulted in making payment of the Sale Price
and/or other amounts payable by the Allottee/s under this Agreement.

5.2.2 All the costs, expenses, fees, charges and taxes in connection with procuring
and availing of the said loan, mortgage of the said Premises, servicing and
repayment of the said loan, and any default with respect to the said loan and/or
the mortgage of the said Premises, shall be solely and exclusively borne and
incurred by the Allottee/s. The Promoter shall not incur any liability or
obligation (monetary or otherwise) with respect to such loan or mortgage.

5.2.3 The agreements and contracts pertaining to such loan and mortgage shall not
impose any liability or obligation upon the Promoter in any manner, and shall
be subject to and shall ratify the right and entitlement of the Promoter to receive
the balance Sale Price and balance other amounts payable by the Allottee under
this Agreement, and shall also observe and be compliant with the terms of
Clause 5.1.3 of this Agreement.

6. CAR PARKING SPACE/S

6.1 The Promoter shall allot to the Allottee/s, without charging or levying any price or
compensation or consideration or fee of any nature, permission to park the
Allottee/s’s own vehicle and also for parking guests/visitors’ vehicle and for no other
purpose whatsoever, in the car parking space/s as a common area and more
particularly mentioned in the Seventh Schedule hereunder written. The exact
location and identification of such car parking space/s in the basements/podium/stilt
will be finalized by the Promoter only upon completion of the Real Estate Project in
all respects.

6.2 The Promoter has allocated/shall be allocating other car parking spaces to other
allottee/s of premises in the Real Estate Project, the Exquisite Residential
Component, the Commerz Buildings, the Other Residential Component, the Non-

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Residential Component and the Whole Project and the Allottee/s shall not raise any
objection in that regard.

7. ALLOTTEE’ RIGHTS AND ENTITLEMENTS

7.1 Possession of the Premises:

7.1.1 The Promoter shall endeavour to complete the construction of the said Premises
and obtain the Occupation Certificate from the MCGM for the said Premises
by the date as more particularly mentioned in the Seventh Schedule
hereunder written (“Completion Date”). Provided however, that the
Promoter shall be entitled to extension of time for giving delivery of the said
Premises on the Completion Date, if the completion of the Real Estate Project
is delayed on account of any or all of the following factors:-

(a) Any force majeure events;

(b) Any notice, order, rule, notification of the Government and/or other
public or competent authority/court;
(c) Any stay order / injunction order issued by any Court of Law,
competent authority, MCGM, statutory authority;
(d) Any other circumstances that may be deemed reasonable by the
Authority

7.1.2 The Promoter shall however endeavour to complete the construction of the said
Premises by the date as more particularly mentioned in the Seventh Schedule
hereunder written (“Early Date”).

7.1.3 If the Promoter fails to abide by the time schedule for completing the Real
Estate Project and for handing over the said Premises to the Allottee/s on the
Completion Date (save and except for the reasons as stated in Clause 7.1.1
above), then the Allottee/s shall be entitled to either of the following:-

(a) call upon the Promoter by giving a written notice by Courier / E-mail
/ Registered Post A.D. at the address provided by the Promoter
(“Interest Notice”), to pay interest at the prevailing rate of State
Bank of India Highest Marginal Cost of Lending Rate plus 2%
thereon (“the Interest Rate”) for every month of delay from the
Completion Date, on the Sale Price paid by the Allottee/s. The
interest shall be paid by the Promoter to the Allottee/s till the date
of offering to hand over of the possession of the said Premises by
the Promoter to the Allottee/s; OR

(b) the Allottee/s shall be entitled to terminate this Agreement by giving

written notice to the Promoter by Courier / E-mail / Registered Post
A.D. at the address provided by the Promoter (“Allottee
Termination Notice”). On the receipt of the Allottee/s Termination
Notice by the Promoter, this Agreement shall stand terminated and
cancelled. Within a period of 30 (thirty) days from the date of receipt
of the Termination Notice by the Promoter, the Promoter shall
refund to the Allottee/s the amounts already received by the
Promoter under this Agreement with the Interest Rate to be
computed from the date the Promoter received such amount/part
thereof till the date such amounts with interest at the Interest Rate
thereon are repaid. On such repayment of the amounts by the
Promoter (as stated in this clause), the Allottee/s shall have no claim

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 Draft for MahaRERA

of any nature whatsoever on the Promoter and/or the said Premises

and/or car park and the Promoter shall be entitled to deal with and/or
dispose off the said Premises and/or the car park in the manner it
deems fit and proper.

7.1.4 In case if the Allottee/s elects his/her/their/its remedy under sub-clause 7.1.3
(a) above then in such a case the Allottee/s shall not subsequently be entitled
to the remedy under sub-clause 7.1.3 (b) above.

7.1.5 The Limited Areas and Facilities are listed in the Seventh Schedule
hereunder written. The Tower Amenities that may be usable by the Allottee/s
are listed in the Third Schedule hereunder written. The Real Estate Project
Amenities that may be usable by the Allottee/s are listed in the Fourth
Schedule hereunder written. The Whole Project Included Amenities that may
be usable by the Allottee/s are listed in the Fifth Schedule hereunder written.
The internal fittings and fixtures in the said Premises that shall be provided
by the Promoter are listed in the Sixth Schedule hereunder written. The
disclosures pertaining to the Amenities for Exquisite, Amenities for
Commerz Buildings, the Other Residential Exclusive Amenities, the Non-
Residential Exclusive Amenities and the Limited Areas and Facilities have
been made by the Promoter as mentioned at Recitals E and G above
respectively.

7.1.6 Within 7 (seven) days of the obtainment of the Occupation Certificate from
the MCGM, the Promoter shall give notice offering possession of the said
Premises on a date specified therein to the Allottee/s in writing (“Possession
Notice”). The Allottee/s agree(s) to pay the maintenance charges as
determined by the Promoter or the Society, as the case may be. It is clarified
that the Promoter shall be liable to hand-over possession to the Allottee/s only
on receipt of the requisite instalments of the Sale Price and all other amounts
due and payable in terms of this Agreement.

7.1.7 The Allottee/s shall take possession of the said Premises within 15 (fifteen)
days of the date mentioned in the Possession Notice.

7.1.8 Post receipt of the Possession Notice, the Allottee/s may undertake any fit out
activities in the said Premises at his/her/its/their sole cost, expense and risk,
after obtaining all the requisite approvals and permissions from the competent
authorities and in accordance with the Fit-Out Guidelines (which shall be
prepared by the Promoter which will be provided to the Allottee/s at the time
of handing over possession of the said Premises) and after depositing such
amount as may be specified by the Promoter as an interest-free deposit to
secure compliance with the Fit Out Guidelines and, which will be refunded
without interest upon completion of the fit outs in accordance with the Fit-Out
Guidelines. The Allottee/s is/are aware that the said refund shall be subject to
deduction of amounts towards damages, if any, to the said Tower/ the Real
Estate Project and its common areas etc., and/or any neighbouring
flats/premises in the said Tower/the Real Estate Project and/or the equipment’s
installed therein and subject to the debris being completely removed from the
said Tower, the Real Estate Project, the Whole Project and/or the Larger
Property.

7.1.9 Upon receiving the Possession Notice from the Promoter as per Clause 7.1.6
above, the Allottee/s shall take possession of the said Premises from the

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Promoter by executing necessary indemnities, undertakings and such other

documentation as may be prescribed by the Promoter, and the Promoter shall
give possession of the said Premises to the Allottee/s. Irrespective of whether
the Allottee/s takes or fails to take possession of the Premises within the time
provided in Clause 7.1.7 above, such Allottee/s shall continue to be liable to
pay maintenance charges and all other charges with respect to the Premises,
as applicable and as shall be decided by the Promoter.

7.1.10 15 (fifteen) days from the date of receipt of the Occupation Certificate from
the MCGM, the Allottee/s shall be liable to bear and pay his/her/its
proportionate share i.e. in proportion to the carpet area of the said Premises,
of outgoings in respect of the Real Estate Project, the Whole Project and the
Larger Property including inter-alia, club house membership fee,
development charges, electricity, gas connection, water meter charges, legal
charges, society formation charges, share application charges, corpus fund,
local taxes, betterment charges, other indirect taxes of every nature, or such
other levies by the MCGM or other concerned local authority and/or
Government water charges, insurance, common lights, repairs and salaries of
clerks, bill collectors, chowkidars, sweepers and all other expenses necessary
and incidental to the management and maintenance of the Real Estate Project
and/or the Whole Project and/or the Larger Property. Until the Society is
formed and the Society Conveyance is duly executed and registered, the
Allottee/s shall pay to the Promoter such proportionate share of outgoings as
may be determined by the Promoter at its sole discretion. The Allottee/s
further agree(s) that till the Allottee/s's share is so determined by the Promoter
at its sole discretion, the Allottee/s shall pay to the Promoter provisional
monthly contribution as mentioned in the Tenth Schedule hereunder written.
It is further clarified and agreed that the Allottee/s shall be liable to bear and
pay such monthly contribution/maintainance charges from the date(s)
specified in this Agreement irrespective of whether or not the Allottee/s
has/have taken possession of the said Premises. For the purposes of this
clause, the expression “Promoter” includes its nominee/s.

7.1.11 The Allottee/s shall, before delivery of possession of the said Premises in
accordance with this Clause 7, deposit such amounts as mentioned in the
Ninth Schedule and Tenth Schedule hereunder written with the Promoter.
The amounts as more particularly mentioned in the Ninth Schedule
hereunder written are not refundable and can be appropriated by the Promoter
and no accounts or statement will be required to be given by the Promoter to
the Allottee/s in respect of the above amounts deposited by the Allottee/s with
the Promoter. The Allottee/s shall make payments of such amounts as more
particularly mentioned in the Ninth Schedule and Tenth Schedule hereunder
to the bank account of the Promoter, as detailed in the Seventh Schedule
hereunder written. The unspent balance, if any, of the amounts mentioned in
the Tenth Schedule hereunder written, shall be delivered by the Promoter to
the Society, without interest. For the purposes of this clause, the expression
“Promoter” includes its nominee/s.

7.1.12 If within a period of 5 (five) years from the possession date mentioned in the
Possession Notice, the Allottee/s brings to the notice of the Promoter any
structural defect in the said Premises or the Real Estate Project or any defects
on account of workmanship, quality or provision of service, then, wherever
possible such defects shall be rectified by the Promoter at its own cost and in
case it is not possible to rectify such defects, then the Allottee/s shall be
entitled to receive from the Promoter, compensation for such defect (at

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 Draft for MahaRERA

actuals) in the manner as provided under the RERA. It is clarified that the
Promoter shall not be liable for any such defects if the same have been caused
by reason of the default and/or negligence of the Allottee/s and/or any other
allottees in the Real Estate Project or acts of third party(ies) or on account of
any force majeure events including on account of any repairs / redecoration /
any other work undertaken by the Allottee/s and/or any other allottee/person in
the Real Estate Project and/or the Whole Project and/or the Larger Property.
The Allottee/s is/are aware that the said Tower is a monolithic structure and
any change(s), alteration(s) including breaking of walls or any structual
members or the construction of any new wall or structural member may
adversely impact the said Tower at various places or in its entirety and hence
any change(s) or alteration(s) as mentioned hereinabove will result in
immediate ceasing of the Promoter’s obligation to all allottees of the said
Tower to rectify any defect(s) or compensate for the same as mentioned in
this Clause and the Allottee/s/the Society/the Exquisite Society/the Other
Residential Component Societies’/ the Apex Body shall have no claim(s) of
whatsoever nature against the Promoter in this regard.

7.1.13 The Allottee/s shall use the said Premises or any part thereof or permit the
same to be used only for residential purpose. The Allottee/s shall use the car
parking space/s only for purpose of parking vehicle and shall not park
his/her/their vehicles at any other location on the Larger Property.

7.1.14 The Promoter hereby agrees to observe, perform and comply with all the terms,
conditions, stipulations and restrictions if any, which may have been imposed
by the MCGM at the time of sanctioning the said plans or thereafter and shall,
before handing over possession of the said Premises to the Allottee/s, obtain
from the MCGM, the Occupation Certificate or Completion Certificate in
respect of the said Premises.

7.1.15 Time is of the essence for the Promoter as well as the Allottee/s. The Promoter
shall abide by the time schedule for completing the said Premises and handing
over the said Premises to the Allottee/s after receiving the Occupation
Certificate in respect thereof and the Tower Amenities. Similarly, the Allottee/s
shall make timely payments of all instalments of the Sale Price and other dues
payable by him/her/them/it and meeting, complying with and fulfilling all its
other obligations under this Agreement.

7.2 Common Areas Facilities & Amenities:

7.2.1 The Allottee/s shall not have any right, title, interest, etc. in respect of the
common areas and such other areas as may be designated as common areas by
the Promoter, and the Allottee/s is/are aware that he/she/it/they shall only be
permitted to use the Tower Amenities, Real Estate Project Amenities and the
Whole Project Included Amenities in common with other allottee/s and users
in the Real Estate Project, the Whole Project, the Adjoining Properties and the
Promoter and its contractors, workmen, agents, employees, personnel and
consultants, including the car parking space/s mentioned in the Seventh
Schedule hereunder written. The Allottee/s is/are also aware that the Promoter
has/shall designated/designate certain common area, facilities and amenities as
the Amenities for Exquisite, the Amenities for Commerz Buildings, the Other
Residential Exclusive Amenities and the Non-Residential Exclusive Amenities
and which shall be exclusively made available to and usable by such person(s)
as the Promoter may in its sole discretion deem fit including the
allottees/occupants of the Exquisite Residential Component, the Commerz

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 Draft for MahaRERA

Buildings, the Other Residential Component and the Non-Residential

Component, and, shall not be available to the Allottee/s or any other
allottees/occupants of apartments/flats in the Real Estate Project.

7.2.2 In the event the Allottee/s is desirous of availing any of the optional
fittings/furniture/fixtures/equipment in respect of the said Premises as set out
in the Seventh Schedule (“Optional
Fittings/Furniture/Fixtures/Equipment”), then the Allottee/s agree(s) and
confirm(s) that the same shall be made available at his/her/their/its cost and
expense as may be informed by the Promoter. The Allottee/s further agree(s)
to promptly bear and pay the necessary costs, charges and expenses in this
regard, together with all taxes including GST, Service Tax, VAT and all other
indirect taxes thereon.

7.2.3 The Whole Project Included Amenities and any other areas as may be
designated by the Promoter including common open areas, common landscapes
and driveways etc. in/on the Whole Project/Larger Property/Adjoining
Properties shall be an integral part of the layout of the development of the
Whole Project and the Larger Property including the neighboring
buildings/towers on the Larger Property/the Adjoining Properties and neither
the Allottee/s nor any person or entity on the Allottee/s’s behalf shall, at any
time claim any exclusive rights with respect to the same.

7.2.4 The Allottee/s undertake(s) to not raise any objection to or interfere with the
use of the aforesaid areas by the aforesaid persons, notwithstanding that there
may be any perceived or actual risks, nuisance, annoyance or inconvenience
that could arise by virtue of such common use, access and entry.

7.2.5 The Allottee/s shall be required to pay a 1 (one) time non-refundable

membership fee with respect to the club house as specified in this Agreement.

7.2.6 It is also clarified that certain facilities shall have usage charges in addition to
the said membership fees and the same shall be paid by the Allottee/s as and
when demanded by the Promoter along with applicable taxes thereon.

7.2.7 The rights and entitlements of the Allottee/s under this Agreement are restricted
to the right and entitlement to receive the said Premises, subject to the terms
and conditions of this Agreement.

7.2.8 The Allottee/s shall at no time demand partition of the said Premises and/or the
said Tower and/or the Real Estate Project and/or the Exquisite Residential
Component and/or the Commerz Buildings and/or the Other Resdential
Component and/or the Non-Residential Component and/or the Whole Project
and/or the Larger Property.

7.3 Transfer of the said Premises:

The Allottee/s shall not let, sub-let, transfer, assign, sell, lease, give on leave and
license, or part with interest or benefit factor of this Agreement or part with the
possession of the said Premises or dispose of or alienate otherwise howsoever, the
said Premises and/or its rights, entitlements and obligations under this Agreement
until all the dues payable by the Allottee/s to the Promoter under this Agreement are
fully paid and without the prior written permission of the Promoter.

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 Draft for MahaRERA

8. COVENANTS OF THE ALLOTTEE

The Allottee/s by himself/herself/itself/themselves with intention to bind all persons

into whose hands the said Premises and other premises may hereinafter come, hereby
covenants with the Promoter as follows, for the purpose of inter-alia ensuring the
soundness and safety of the said Tower, the Real Estate Project, the Whole Project, and
the Larger Property, for maintaining the value of the said Tower, the Real Estate
Project, the Whole Project and the Larger Property, and for ensuring that any easement
in respect of any of the aforesaid remains unaffected:

8.1 Not to do or suffer to be done anything in or to the said Tower, the Real Estate
Project, the said Premises, staircase, common areas or any passages which may
be against the rules, regulations or bye-laws of the concerned authorities or
change/alter or make addition in or to the said Tower, the Real Estate Project or
to the said Premises itself or any part thereof and to maintain the said Premises
(including sewers, drains, pipes) and appurtenances thereto at the Allottees/s’
own cost in good repair and condition from the date on which the Allottee/s is/are
permitted to use the said Premises and in particular so as to support, shelter and
protect other parts of the said Tower and the Real Estate Project.

8.2 Not to raise any objection to the Promoter completing the construction of the
Real Estate Project and the Whole Project (including additional floors on the
Larger Property) in accordance with applicable law and this Agreement, without
any interference or objection, whether prior to or subsequent to the Allottee/s
taking possession of the said Premises.

8.3 Not to store anything in the refuge floor nor store any goods in the said Premises
which are hazardous, combustible or of dangerous nature or are so heavy as to
damage the construction or structure of the said Tower and/or the Real Estate
Project or storing of which goods is objected to by the concerned authority and
shall not carry or cause to be carried heavy packages on the upper floors which
may damage or likely to damage the staircases, common passages or any other
part of the said Tower and/or the Real Estate Project.

8.4 Not to change the user of the said Premises and to comply with stipulations and
conditions laid down by the Promoter/its designated Project Manager or the
Society with respect to the use and occupation of the said Premises.

8.5 Not to demolish or cause to be demolished the said Premises or any part thereof
and in particular so as to support, shelter and protect other parts of the said Tower
and the Real Estate Project.

8.6 Not to make or cause to make any addition or alteration of whatsoever nature in
the said Premises to ensure in particular support, shelter and protection of other
parts of the said Tower and the Real Estate Project.

8.7 Not to make any structural alteration and/or construct any additional structures,
mezzanine floors, whether temporary or permanent.

8.8 To keep the sewers, drains, pipes in the said Premises and appurtenances thereto
in good repair and condition and in particular so as to support, shelter and protect
other parts of the said Tower and the Real Estate Project.

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 Draft for MahaRERA

8.9 Not to cover or construct any thing on the open spaces, garden, recreation area
and/or parking spaces and/or refuge areas.

8.10 Not to make any alteration in the elevation and outside colour scheme of paint
and glass of the said Tower and the Real Estate Project and not cover/enclose the
planters and service slabs or any of the projections from the said Premises, within
the said Premises, nor 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 Premises, nor do/cause to be done any hammering for
whatsoever use on the external/dead walls of the said Tower and/or the Real
Estate Projector do any act to affect the FSI/development potential of the Larger
Property.

8.11 Not to do or permit to be done any renovation/repair within the said Premises. In
the event of the Allottee/s carrying out any renovation/repair within the said
Premises then in such event the Promoter shall not be responsible for
rectification of any defects noticed within the said Premises or of any damage
caused to the said Premises or the said Tower or the Real Estate Project on
account of such renovation/repair and the Promoter’s obligation to rectify any
defect(s) or compensate for the same as more particularly described in Clause
7.1.12 of this Agreement shall immediately cease and the Allottee/s/the
Society/the Exquisite Society/the Other Residential Component Societies’/the
Apex Body shall have no claim(s) of whatsoever nature against the Promoter
in this regard.

8.12 To maintain the aesthetics of the said Tower or the Real Estate Project and to
ensure the quiet and peaceful enjoyment by all the allottee/s/occupants therein
and for the common benefit of all, and to preserve and maintain the safety,
security and value of the said Premises, the said Tower, the Real Estate Project,
the Whole Project and the Larger Property, the Allottee/s agree and covenant as
follows:

8.12.1 Not to affix any fixtures or grills on the exterior of the said Tower/the
Real Estate Project for the purposes of drying clothes or for any other
purpose and not to have any laundry drying outside the said Premises.
The Allottee/s may fix grills on the inside of the windows. The standard
design for the same shall be obtained by the Allottee/s from the Promoter
and the Allottee/s undertake(s) not to fix any grill having a design other
than the standard design approved by the Promoter. If found that the
Allottee/s has/have affixed fixtures or grills on the exterior of
his/her/their premises for drying clothes or for any other purpose or that
the Allottee/s has/have affixed a grill having a design other than the
standard approved design, the Allottee shall forthwith become liable to
pay a sum of Rs.1,00,000/- (Rupees One Lakh only) to the Promoter.
Out of the said sum of Rs. 1,00,000/- (Rupees One Lakh only), the
Allottee/s shall forthwith pay such amount as may be determined by the
Promoter to enable the Promoter to rectify the same to be in compliance
with design approved by the Promoter and carry out repairs to the
damages that has been caused to the said Tower/the Real Estate Project
because of the fixtures and/or grills or otherwise, and the Allottee/s shall
forthwith hand over the balance amount to the Promoter. Upon
conveyance to the Society as stated at Clause 10.2 below, the Promoter
shall hand over such balance amount to the Society exclusive of any
interest thereon, and the same shall be reflected in the account/s of the
Allottee/s with the Society and if the Allottee/s does/do not pay the

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 Draft for MahaRERA

aforesaid sum, the same shall be shown as amounts outstanding and due
from the Allottee/s to the Society in the Society’s account.

8.12.2 Not to install a window air-conditioner within or outside the said

Premises. If found that the Allottee/s has/have affixed a window air
conditioner or the outdoor condensing unit which projects outside the
said Premises, the Allottee/s shall forthwith become liable to pay a sum
of Rs.1,00,000/- (Rupees One Lakh only). Out of the said sum of
Rs.1,00,000/- (Rupees One Lakh only), the Allottee/s shall forthwith pay
such amount as may be determined by the Promoter to enable the
Promoter to rectify the same to be in compliance with design approved
by the Promoter and carry out repairs to the damages that has been
caused to the said Tower/the Real Estate Project because of the
installation of a window Air-Conditionor or the outdoor condensing unit
or otherwise, and the Allottee/s shall forthwith hand over the balance
amount to the Promoter. Upon conveyance of the Society as stated at
Clause 10.2 below, the Promoter shall hand over such balance amount
to the Society exclusive of any interest thereon, and the same shall be
reflected in the account/s of the Allottee/s with the Society and if the
Allottee/s does/do not pay the aforesaid sum, the same shall be shown as
amounts outstanding and due from the Allottee/s to the Society in the
Society’s account.

8.12.3 Not to throw dirt, rubbish, rags, garbage or other refuse or permit the
same to be thrown from the said Premises into the compound or the
refuge floor or any portion of the Larger Property and the said Tower/the
Real Estate Project. If the Allottee/s or any members of the Allottees/s’
family or any servant or guest of the Allottee/s commit(s) default of this
sub-clause then the Allottee/s shall forthwith rectify any damage and
default immediately at his / her own cost and shall also become liable to
pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the Promoter
on each occasion on which the Allottee/s or any members of the
Allottees/s’ family or any servant or guest of the Allottee/s commit(s)
default of this sub-clause. Upon conveyance to the Society as stated at
Clause 10.2, the Promoter shall hand over such amounts to the Society
exclusive of any interest thereon and the same shall be reflected in the
account/s of the Allottee/s with the Society and if the Allottee/s does/do
not pay the aforesaid sum, the same shall be shown as amounts
outstanding and due from the Allottee/s to the Society in the Society’s
account.

8.12.4 Not to at any time cause or permit any public or private nuisance or to
use the loud speaker etc. in or upon the said Premises, the said Tower,
the Real Estate Project or the Larger Property or any part thereof or do
anything which shall cause an annoyance, inconvenience, suffering,
hardship or disturbance to the occupants or to the Promoter. The
Allottee/s shall ensure that the Allottee/s’s pets and/or domesticated
animals, if any, in or upon the said Premises, the said Tower, the Real
Estate Project or the Larger Property or any part thereof shall not enter
the restricted areas/no entry zones as may be designated by the Promoter
in the the said Tower/the Real Estate Project/the Larger Property and/or
pose a health or safety hazard and/or cause nuisance to the other
occupiers of the said Tower/the Real Estate Project/the Larger Property
and or the lifts installed in the said Tower/the Real Estate Project. If the
Allottee/s or the members of the Allottee/s’s family or any servant or

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guest of the Allottee/s commit(s) default of this sub-clause then the

Allottee/s shall immediately take remedial action and shall also become
liable to pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the
Promoter on each occasion on which the Allottee/s or any members of
the Allottee/s’s family or any servant or guest of the Allottee/s commit(s)
default of this sub-clause. Upon conveyance to the Society as stated at
Clause 10.2 below, the Promoter shall hand over such amounts to the
Society exclusive of any interest thereon and the same shall be reflected
in the account/s of the Allottee/s with the Society and if the Allottee/s
does/do not pay the aforesaid sum, the same shall be shown as amounts
outstanding and due from the Allottee/s to the Society in the Society’s
account.

8.12.5 Not to discharge, dump, leave or burn nor to cause or permit the
discharging, dumping, leaving or burning of any wastage including but
not limited to pollutants into the surface or other drains or in or upon any
part of the said Premises and/or the said Tower and/ or the Real Estate
Project and/or open spaces nor litter or permit any littering in the
common areas in or around the said Premises and/or the said Tower
and/or the Real Estate Project and at the Allottee/s own cost and expense
to make good and sufficient provision for the safe and efficient disposal
of all waste generated at the said Premises and/or the said Tower and/or
the Real Estate Project and/or open spaces to the requirement and
satisfaction of the Promoter and/or relevant government and statutory
authorities. If the Allottee/s or members of the Allottee/s family or any
servant or guest of the Allottee/s commit(s) default of this sub-clause
then the Allottee/s shall immediately take remedial action and shall also
become liable to pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only)
to the Promoter on each occasion on which the Allottee/s or any
members of the Allottee/s family or any servant or guest of the Allottee/s
commits default of this sub-clause. Upon conveyance to the Society as
stated at Clause 10.2 below, the Promoter shall hand over such amounts
to the Society exclusive of any interest thereon and the same shall be
reflected in the account/s of the Allottee/s with the Society and if the
Allottee/s does/do not pay the aforesaid sum, the same shall be shown as
amounts outstanding and due from the Allottee/s to the Society in the
Society’s account.

8.12.6 Not to do either by himself/herself/itself/themselves or through any other

person anything which may or is likely to endanger or damage said
Tower and/or the the Real Estate Project or any part thereof, the garden,
greenery, fencing, saplings, shrubs, trees and the installations for
providing facilities in said Tower and/or the 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 said Tower and/or the the Real Estate Project. If the
Allottee/s or members of the Allottee/s family or any servant or guest of
the Allottee/s commits default of this sub-clause then the Allottee/s shall
immediately take remedial action and shall also become liable to pay a
sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the Promoter on
each occasion on which the Allottee/s or any members of the Allottee/s
family or any servant or guest of the Allottee/s commits default of this
sub-clause. Upon conveyance to the Society as stated at Clause 10.2
below, the Promoter shall hand over such amounts to the Society
exclusive of any interest thereon and the same shall be reflected in the

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 Draft for MahaRERA

account/s of the Allottee/s with the Society and if the Allottee/s does/do
not pay the aforesaid sum, the same shall be shown as amounts
outstanding and due from the Allottee/s to the Society in the Society’s
account.

8.12.7 Not to display/permit to be displayed at any place in/upon the said

Tower and/or the Real Estate Project or the Larger Property or any part
thereof including on any construction thereon, any bills, posters,
hoardings, advertisement, name boards, signboards including neon and
illuminated, placards, posters, notice, advertisement, name plate, sign,
flag-staff, air conditioning unit, television or wireless mast or aerial or
any other thing whatsoever. The Allottee/s shall not stick or affix
pamphlets, posters or any paper on the walls of the said Tower or
common area therein or in any other place or on the window, doors and
corridors of the said Tower and/or the Real Estate Project. If the
Allottee/s or members of the Allottee/s family or any servant or guest of
the Allottee/s commits default of this sub-clause then the Allottee/s shall
immediately take remedial action and shall also become liable to pay a
sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the Promoter on
each occasion on which the Allottee/s or any members of the Allottee/s
family or any servant or guest of the Allottee/s commit(s) default of this
sub-clause. Upon conveyance to the Society as stated at Clause 10.2
below, the Promoter shall hand over such amounts to the Society
exclusive of any interest thereon and the same shall be reflected in the
account/s of the Allottee/s with the Society and if the Allottee/s does/do
not pay the aforesaid sum, the same shall be shown as amounts
outstanding and due from the Allottee/s to the Society in the Society’s
account.

8.12.8 To make suitable arrangement for removal of debris arising out of any
interior decoration, renovation, furniture making or any other allied
work in the said Premises. The Allottee/s’s labourers/contractors shall
be responsible for the removal of debris such as marble pieces or any
such wastage material etc. from the said Premises on a daily basis. The
Allottee/s /labourers/contractors shall at their own cost remove such
wastage materials/debris. Such wastage materials shall not be
accumulated or placed in the common passages, corridors and basement
or in any area within the said Tower and/or the Real Estate
Project/Larger Property. If the Allottee/s or members of the Allottee/s
family or any servant or guest of the Allottee/s or any person employed
by the Allottee/s commit(s) default of this sub-clause then the Allottee/s
shall immediately take remedial action and shall also become liable to
pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the Promoter
on each occasion on which the Allottee/s or any members of the
Allottee/s family or any servant or guest of the Allottee/s commit(s)
default of this sub-clause. Upon conveyance to the Society as stated at
Clause 10.2 below, the Promoter shall hand over such amounts to the
Society exclusive of any interest thereon and the same shall be reflected
in the account/s of the Allottee/s with the Society and if the Allottee/s
does/do not pay the aforesaid sum, the same shall be shown as amounts
outstanding and due from the Allottee/s to the Society in the Society’s
account.

The aforesaid amounts shall be payable by the Allottee/s in addition to

the cost of rectification for the default committed. In the event the

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 Draft for MahaRERA

Allottee/s fail(s) to rectify the default within 15 (fifteen) days from

committing such default at the Allottee/s own cost, then the Promoter
shall be entitled to send a notice to the Allottee/s intimating the Allottee/s
that the Promoter shall, within a period of 48 (forty-eight) hours from
the date thereof, enter the said Premises to rectify such defect. After such
48 (forty-eight) hour period, the Promoter through its agents, shall have
a right to enter upon the said Premises and dismantle at the Allottees/s’
cost, such fixtures or grills or air conditioner or the outdoor condensing
unit or such other fixture which is/are in contravention of this sub-clause
or any other provision of this Agreement.

8.13 Not to violate and to abide by all rules and regulations framed by the Promoter /
its designated Project Manager or by the Society or the Apex Body, for the
purpose of maintenance and up-keep of the said Tower and/or the Real Estate
Project and in connection with any interior / civil works that the Allottee/s may
carry out in the said Premises and to generally comply with building rules,
regulations and bye-laws for the time being of the concerned authority and of
government and other public bodies.

8.14 Not to violate and to observe and perform all the rules and regulations which the
Promoter/ its designated Project Manager or the Society or the Apex Body may
have at its inception and the additions or amendments thereof that may be made
from time to time for protection and maintenance of the said Tower and/or the
Real Estate Project and the premises therein and for the observance and
performance of the building rules, regulations and bye-laws for the time being
of the concerned 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 Promoter/its designated Project Manager or the Society regarding
the occupation and use of the said Premises in the said Tower and shall pay and
contribute regularly and punctually towards the taxes, expenses or other
outgoings in accordance with the terms of this Agreement.

8.15 Not to object or cause any impediment to the right and authority of the Promoter
and its workmen, staff, employees, representatives and agents and all other
users/allottee/s of premises on the Larger Property to the access, ingress and
egress into and upon the Larger Property including the said Tower, the Real
Estate Project, the Whole Project, the Exquisite Residential Component, the
Commerz Buildings, the Other Residential Component, the Non-Residential
Component, the Tower Amenities, the Real Estate Project Amenities, the Whole
Project Included Amenities, the Amenities for Exquisite, the Amenities for
Commerz Buildings, the Other Residential Exclusive Amenities and the Non-
Residential Exclusive Amenities without any restriction or interference
whatsoever including for the purpose of maintenance repair and upkeep of the
electricity, communication and utility lines, cables and meters etc or any other
reason, notwithstanding that there shall or may be any perceived or actual risks,
nuisance, annoyance or inconvenience that could arise by virtue of such common
access and entry.

8.16 Not do or permit or suffer to be done anything in or upon the said Premises or
any part of the said Tower and/or the Real Estate Project which is or may, or
which in the opinion of the Promoter is or may, at any time be or become a
danger, a nuisance or an annoyance to or interference with the operations,
enjoyment, quiet or comfort of the occupants of adjoining premises or the
neighbourhood provided always that the Promoter shall not be responsible to the
Allottee/s for any loss, damage or inconvenience as a result of any danger,

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 Draft for MahaRERA

nuisance, annoyance or any interference whatsoever caused by the occupants of

the adjoining premises of the said Tower and/or the Real Estate Project and the
Allottee/s shall not hold the Promoter so liable.

8.17 Not to obstruct, cause or permit any form of obstruction whatsoever whether by
way of depositing or leaving any article, item or thing of whatsoever nature,
movable or otherwise, in or on the common stairways, refuge areas, corridors
and passageways in and of the said Tower/the Real Estate Project.

8.18 Not to, in any manner, enclose any flower beds/planters/ledges/pocket

terrace/s/deck areas and other areas to be kept open in any manner including
installing any temporary or part shed or enclosure and shall not include the same
in the said Premises and shall keep the same unenclosed at all time.

8.19 Not to affix, erect, attach, paint or permit to be affixed, erected, attached, painted
or exhibited in or about any part of the said Tower/the Real Estate Project or the
exterior wall of the said Premises or on or through the windows or doors thereof
any placard, poster, notice, advertisement, name plate or sign or announcement,
flag-staff, air conditioning unit, television or wireless mast or aerial or any other
thing whatsoever save and except the name of the Allottee/s in such places only
as shall have been previously approved in writing by the Promoter in accordance
with such manner, position and standard design laid down by the Promoter.

8.20 Not park at any other place and shall park all cars in the car parking space/s only
as may be permitted/allotted by the Promoter.

8.21 Shall cause the Society to paint the the said Tower at least once in every 5 (five)
years maintaining the original colour scheme even after the conveyance to the
Society as stated at Clause 10.2 below and the land comprised in the Larger
Property in favour of the Apex Body as stated at Clause 10.4 below and shall
bear his/her/it’s/their respective share of expenses to paint, repair, water proof
and refurbish the said Tower and to do all other acts and things for the upkeep
and maintenance thereof and to bear and pay the proportionate costs, charges and
expenses thereof as the Promoter may determine and to extend all co-operation,
assistance and facilities for the same.

8.22 Not to object to the permission granted/to be granted by the Promoter to other
flat allottee/s for the use of their respective appurtenant spaces and the car
parking spaces.

8.23 Not to raise any objection and or claims about the unavailability of supply of
water from MCGM and shall not raise any objection and/or claims regarding
liability to bear and pay for alternate arrangements for water supply through
tankers made for his/her/their convenience. The Allottee/s acknowledge(s) that
the water connection from the MCGM shall be subject to availability and the
rules, regulations and bye laws of the MCGM and agree not hold the Promoter
responsible for the same. The Allottee/s is/are aware that alternate arrangements
for water supply through tankers will be made for the Allottee/s’ convenience.
Expenses incurred for the same will be charged in the maintenance bill till the
MCGM water connection is received.

8.24 Shall accept, follow abide by the Fit-Out Guidelines framed by the Promoter
from time to time for maintenance and management of the said Premises and
other rules and regulations, the Larger Property, the Whole Project, the said
Tower and the Real Estate Project and/or the security thereof or of the aesthetics

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 Draft for MahaRERA

and ambience of the said Tower/the Real Estate Project, it being clearly agreed
that in the event the Allottee/s violate(s) the Fit-Out Guidelines and such other
rules/regulations made from time to time, the Allottee/s shall be liable to make
good and/or compensate for any loss and/or damage whatsoever, caused by the
Allottee/s and/or by his employees or agents. Further, the Allottee/s shall ensure
that the labourer, contractors appointed by the Allottee/s shall also strictly follow
the same.

8.25 Not to do any act, deed, matter or thing during the course of fit-out/furnishing
the said Premises resulting in leakage/damage to the said Premises or other
flats/premises in the Real Estate Project or its common passages, staircases etc.
and shall be responsible to make good such leakages, damages (if any caused)
entirely at his/her/their costs and expenses.

8.26 Not to, make any structural/internal masonry/dummy flooring/plumbing changes

in any manner whatsoever.

8.27 Not to obstruct/close the drain out points of the aluminum window tracks while
laying the flooring materials, in order to avoid any water seepage and retention
in the slab.

8.28 Shall on completion of the fit-outs of the said Premises, submit to the Promoter
without delay a completion letter stating therein that the fit-outs of the said
Premises have been carried out in accordance with the approved plans.

8.29 Not to do or permit to be done any act or thing which may render void or voidable
any insurance of the Larger Property, the Whole Project, the said Tower and the
Real Estate Project or any part thereof or whereby any increase in the premium
shall become payable in respect of the insurance.

8.30 If any allottee/s/occupants in the Real Estate Project including the Allottee/s
make any internal structural/non-structural changes to any premises in the said
Tower, the Real Estate Project including the said Premises, the Promoter shall
stand discharged of all its expressed and implied warranties under this
Agreement.

8.31 To rectify and make good any breach or default of any of the covenants contained
in this Clause 8, without prejudice to any rights and remedies available to the
Promoter, at its sole cost expense and risk. It is expressly clarified, agreed and
understood that strict observance, performance and compliance of the terms,
conditions, covenants, stipulations and provisions of this Clause 8 by the
Allottee/s shall be of the essence of this Agreement.

8.32 The Allottee/s agree(s) and covenant(s) that the Amenities for Exquisite , the
Amenities for Commerz Buildings, the Other Residential Exclusive Amenities
and the Non-Residential Exclusive Amenities shall be exclusively made
available to and usable by such person(s) as the Promoter may in its sole
discretion deem fit including the allottees/occupants of the Exquisite
Residential Component, the Commerz Buildings, the Other Residential
Component and the Non-Residential Component and, shall not be available to
the Allottee/s or any other allottees/occupants of apartments/flats in the Real
Estate Project.

8.33 The Allottee/s agree(s) and covenant(s) that, the entry and exit points and access
to the Whole Project and the Larger Property shall be common to all allottee/s,

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 Draft for MahaRERA

users and occupants in the Whole Project including all buildings, towers and
structures thereon. The Allottee/s agree(s) and covenant(s) to not demand any
separate independent access and/or entry/exit point exclusively for
himself/herself/themselves and/or any other allottee/s, users and/or occupants in
the Real Estate Project, the Whole Project and/or any part thereof. The Allottee/s
further agree(s) and covenant(s) that the proposed PPL may use such entry and
exit points and access in common with other allottee/s in the Whole Project
and/or may have independent and exclusive entry and exit points and access that
shall not be usable by the Allottee or any other allottee/s in the Whole Project.

8.34 The Allottee/s agree(s) and covenant(s) that the designated recreation ground
areas, the clubhouse and swimming pool forming part of the Whole Project
Included Amenities shall be common to all the allottee/s, users and occupants in
the Whole Project including all buildings, towers and structures thereon and the
Allottee/s shall not and/or cause the Society to claim any sole right(s), title,
interest with respect to the same. The Allottee/s further agree(s) and covenant(s)
that the Allottee/s shall not through him/her/themselves/itself and or through the
Society prevent access of the designated recreation ground areas to the allottee/s
/ occupants of the Whole Project.

8.35 The Allottee/s agree(s), confirm(s) and covenant(s) that the issuance of the
Occupation Certificate with respect to the said Tower/the Real Estate Project by
the competent authority(ies) shall mean and shall be construed that the Promoter
has carried out the development and construction of the said Tower/the Real
Estate Project in conformity with the sanctioned plans, approvals and
permissions issued by the competent authority(ies) and the Allotteee/s shall not
raise any dispute(s), claim(s) and/or demand(s) with respect to the development
and construction of the said Tower/the Real Estate Project.

8.36 The Allottee/s is/are aware that the entire Larger Property and Whole Project, is
a single integrated common layout. The Allottee/s is/are further aware that the
buildings/towers/structures/areas/spaces comprised in the Larger Property and
the Whole Project, would require to be renovated, repaired, redeveloped,
restored and/or reconstructed at some point in the future, especially having
regard to the life of buildings / structures / areas and/or events (including force
majeure circumstances) that may necessitate any or all of the aforesaid. In light
of what is stated hereinabove, the Allottee/s and all his/her/its/their successors /
assigns (in any manner howsoever) with intention to become bound by the terms
of this Agreement including this Clause 8.36, hereby covenant with the Promoter
and all their assigns and/or any other persons as may be authorised by the
Promoter, that the Promoter, its workmen, staff, employees, representatives and
agents and their assigns and/or any other persons as may be authorised by the
Promoter, shall always be entitled and authorised (without being obliged), even
after the Society Conveyance, the Exquisite Society Conveyance, the Other
Residential Component Societies’ Conveyance and the Apex Body Conveyance,
to repair, reconstruct, redevelop, restore and/or renovate in any manner
howsoever and whatsoever, the Commerz Buildings, the Amenities for
Commerz Buildings, the Non-Residential Component and the Non-Residential
Exclusive Amenities or any part thereof, without any restriction or interference
whatsoever and the Allottee/s hereby undertakes and covenants to not raise any
objection and/or claim in this regard and/or restrict any of the aforesaid. This
Clause is the essence of this Agreement.

8.37 The Allottee/s agree(s) and confirm(s) that the Promoter shall at all times have
the right to propose joint open space for fire tender movement between the Real

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 Draft for MahaRERA

Estate Project and the remaining portions of the Whole Project and/or the Larger
Property and the Allottee/s hereby consent(s) to the same.

8.38 Not to demand that a compound wall be constructed around the Real Estate
Project.

9. EVENTS OF DEFAULT

9.1 If one or more of the events or circumstances set out in Clause 9.2 (“Event of
Default”) shall have happened, then the Promoter shall call upon the Allottee
by way of a written notice (“Rectification Notice”) to rectify the same within
a period of 15 (fifteen) days from the date thereof (“Cure Period”). If the
Allottee/s fails to rectify such Event of Default within the Cure Period, then the
same shall be construed as a default (“Default”).

9.2 Subject to Clause 9.1 above, the following events shall be construed as a
Default,-

9.2.1 If the Allottee/s delay(s) or commit(s) default in making payment of any

installment or any other amount payable under this Agreement,
including taxes, etc. or otherwise, including as set out in this Agreement;

9.2.2 If the Allottee/s fails to take possession of the said Premises in terms of
Clause 7.1 above;

9.2.3 If the Allottee/s commit(s) breach of any terms, conditions, covenants,

undertakings and/or representations and/or warranties as given by
him/her/it in this Agreement (including in Clause 8 (Covenants of the
Allottee/s) above) and/or any other writings and/or the terms and
conditions of layout, IOD, U.L.C. Permissions, N.O.C. and other
sanctions, permissions, undertakings and affidavits etc.;

9.2.4 If the Allottee/s has/have been declared and/or adjudged to be insolvent,

bankrupt etc. and/or ordered to be wound up or dissolved;

9.2.5 If the Allottee/s is/are, convicted of any offence involving moral

turpitude and/or sentenced to imprisonment for any offence not less than
6 (six) months;

9.2.6 If a Receiver and/or a Liquidator and/or Official Assignee or any person

is appointed for the Allottee/s or in respect of all or any of the assets
and/or properties of the Allottee/s;

9.2.7 If any of the assets and/or properties of the Allottee/s is/are attached for
any reason whatsoever under any law, rule, regulation, statute etc.;

9.2.8 If any execution or other similar process is issued and/or levied against
the Allottee/s and/or any of the Allottee/s’ assets and properties;

9.2.9 If the Allottee/s has/have received any notice from the Government of
India (either Central, State or Local) or any foreign Government for the
Allottee’s involvement in any money laundering or any illegal activity
and/or is declared to be a proclaimed offender and/or a warrant is issued
against him/her/them; and/or

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9.2.10 If any of the aforesaid have been suppressed by the Allottee.

9.3 Consequences of Default:

9.3.1 On the occurence of a Default, then and in that event, the Promoter shall,
without prejudice to any and all other rights and remedies available to it
under law, be entitled (but not obliged) to exercise its rights as mentioned
at Clauses 5.1.8 hereinabove

9.3.2 It is agreed that all the rights and remedies of the Promoter, including
aforesaid rights and remedies of the Promoter, are cumulative and
without prejudice to one another.

10. FORMATION OF THE SOCIETY & APEX BODY

10.1 Formation of the Society:

10.1.1. The Promoter shall submit an application to the competent authorities to

form a co-operative housing society to comprise solely of the Allottee/s and
other allottees of units/premises in the Real Estate Project in accordance with
and under the provisions of the Maharashtra Co-operative Societies Act,
1960 and the Rules made thereunder, read with RERA and the RERA Rules.

10.1.2. The Allottee/s shall, along with other allottees of premises/units in the said
Real Estate Project, join in forming and registering a co-operative housing
society under the provisions of the Maharashtra Co-operative Societies Act,
1960 and the Rules thereunder and in accordance with the provisions of the
RERA and RERA Rules, in respect of the Real Estate Project in which the
allottees of the premises of the Real Estate Project alone shall be joined as
members (“the Society”).

10.1.3. For this purpose, the Allottee/s shall from time to time sign and execute the
application for registration and/or membership and all other papers, forms,
writings and documents necessary for the formation and registration of the
Society and for becoming a member thereof, including the bye-laws of the
Society and shall fill in, sign and return to the Promoter within 7 (seven)
days of the same being made available to the Allottee/s, so as to enable the
Promoter to register the Society. No objection shall be taken by the Allottee/s
if any changes or modifications are made in the draft/final bye-laws of the
Society, as may be required by the Registrar of Co-operative Societies or
any other Competent Authority. The Allottee/s also accept(s) and agree(s)
that certain changes may be required to the application forms and other
writings including the society register to be filled up, including deletion and
substitution of the Allottee/s/other allottees in the said Real Estate Project
consequent to sale and transfer of the said Premises/their respective
premises, and the Allottee/s shall not object to the same.

10.1.4. The name of the Society shall be solely decided by the Promoter.

10.1.5. The Society shall admit all allottee/s of flats and premises in the said Real
Estate Project as members, in accordance with its bye-laws.

10.1.6. The Promoter shall be entitled, but not obliged to, join as a member of the
Society in respect of unsold premises in the said Real Estate Project, if any.

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10.1.7. The Promoter shall similarly submit application/s to the competent

authorities to form a co-operative housing society to comprise solely of the
allottees of units/premises in the Exquisite Residential Component, in
accordance with and under the provisions of the Maharashtra Co-operative
Societies Act, 1960 and the Rules made thereunder, read with RERA and the
RERA Rules (“Exquisite Society”).

10.1.8. The Promoter shall similarly submit application/s to the competent

authorities to form a co-operative housing society to comprise solely of the
allottees of units/premises in the Other Residential Component, in
accordance with and under the provisions of the Maharashtra Co-operative
Societies Act, 1960 and the Rules made thereunder, read with RERA and the
RERA Rules (“Other Residential Component Societies”).

10.1.9. The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges, with respect to the formation of the Society /
Exquisite Society / Other Residential Component Societies, including in
respect of (a) any documents, instruments, papers and writings, (b)
professional fees charged by the Advocates & Solicitors engaged by the
Promoter for preparing, drafting and approving all such documents, shall be
borne and paid by the respective Society and their respective
members/intended members including the Allottee/s, as the case may be, and
the Promoter shall not be liable towards the same.

10.2 Conveyance to the Society:

10.2.1 Within 3 (three) months from the date on which (a) the Promoter has duly
sold all apartments/flats in the Real Estate Project and the Promoter has duly
received the entire sale price and other monies from all allottees in the said
Real Estate Project and (b) the Occupation Certificate with respect to all the
towers in the Real Estate Project is issued, the said Tower inclusive of the
Tower Amenities in the said Tower and the Real Estate Project Amenities
(excluding the land underneath) shall be conveyed by the Promoter to the
Society vide a registered indenture of conveyance (“Society Conveyance”),
provided however that the Whole Project Included Amenities, the Amenities
for Exquisite, the Amenities for Commerz Buildings, the Other Residential
Exclusive Amenities, the Non-Residential Exclusive Amenities and the
Larger Property shall be retained by the Promoter and shall not be conveyed
to the Society. The Society shall be required to join in execution and
registration of the Society Conveyance. Post the Society Conveyance, the
Society shall be responsible for the operation and management and/or
supervision of the said Real Estate Project including the Tower Amenities
and the Real Estate Project Amenities and the Promoter shall not be
responsible for the same and the Allottee/s shall extend necessary co-
operation and shall do the necessary acts, deeds, matters and things as may
be required in this regard.

10.2.2 The Promoter shall execute and register similar conveyances to the Exquisite
Society (“Exquisite Society Conveyance”).

10.2.3 The Promoter shall execute and register similar conveyances to the Other
Residential Component Societies (“Other Residential Component
Societies’ Conveyance”).

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10.2.4 The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges on the Society Conveyance/the Exquisite
Society/Other Residential Component Societies’ Conveyance (defined
below) and the transaction contemplated thereby including in respect of (a)
any documents, instruments, papers and writings, (b) professional fees
charged by the Advocates & Solicitors engaged by the Promoter for
preparing, drafting and approving all such documents shall be borne and paid
by the Society alone and the Promoter shall not be liable towards the same.

10.3 Formation of the Apex Body:

10.3.1 Within a period of 6 (six) months from the date later of the Society
Conveyance, the Exquisite Society Conveyance and the Other Residential
Component Societies’ Conveyance, the Promoter shall submit application/s
to the competent authorities to form a federation of societies comprising the
Society and Other Residential Component Societies, under the provisions of
the Maharashtra Co-operative Societies Act, 1960 and the Rules made
thereunder, read with RERA and the RERA Rules (“Apex Body”).

10.3.2 The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges, with respect to the formation of the Apex Body,
including in respect of (a) any documents, instruments, papers and writings,
(b) professional fees charged by the Advocates & Solicitors engaged by the
Promoter for preparing, drafting and approving all such documents, shall be
borne and paid by the Apex Body and its members/intended members, and
the Promoter shall not be liable towards the same.

10.4 Conveyance to the Apex Body:

10.4.1 Within a period of 6 (six) months of registration of the Apex Body, the
Promoter and the Apex Body shall execute and register an Indenture of
Conveyance (“Apex Body Conveyance”) whereby the Promoter shall along
with the Whole Project Included Amenities convey in favour of the Apex
Body all its right, title and interest in the portion of the Larger Property that
is remaining after:

(a) handing over the stipulated percentage if any, to the MCGM or statutory
authority;
(b) developing and handing-over a public amenity;
(c) handing-over set back land;
(d) handing-over non-buildable/buildable reservations on the Larger
Property;
(e) retaining non-buildable/buildable reservations on the Larger Property;
(f) retaining the Commerz Buildings Portion of the Larger Property, the
Commerz Buildings, the Amenities for Commerz Buildings; and
(g) retaining the Non-Residential Portion of the Larger Property, the Non-
Residential Component and the Non-Residential Exclusive Amenities.

10.4.2 It is clarified and agreed that the Apex Body Conveyance shall not include
the Commerz Buildings Portion of the Larger Property, the Commerz
Buildings, the Amenities for Commerz Buildings, the Non-Residential
Portion of the Larger Property, the Non-Residential Component, the Non-
Residential Exclusive Amenities, which shall all be retained by the Promoter

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as the owner thereof and/or may be conveyed by the Promoter to such

persons/entities as the Promoter may in its sole discretion deem fit and
subject to the right and authority of the Promoter and its workmen, staff,
employees, representatives and agents and all other users/allottees on the
Larger Property to the access, ingress and egress into and upon any portion
of the Larger Property including the said Tower, the Real Estate Project, the
Whole Project, Exquisite Residential Component, the Commerz Buildings,
the Other Residential Component, the Non-Residential Component, the
Tower Amenities, the Real Estate Project Amenities, the Amenities for
Commerz Buildings, the Amenities for Exquisite, the Whole Project Included
Amenities and the Non-Residential Exclusive Amenities without any
restriction or interference whatsoever. The relationship and contractual
agreement between the Apex Body, the Promoter and such persons/entities
as referred hereinabove shall be captured in such deeds, documents and
writings as the Promoter may require to be executed and/or registered
(“Retention & Inter-se Agreements”).

10.4.3 It is clarified that the designated recreation ground areas and the clubhouse
forming part of the Whole Project Included Amenities shall be conveyed only
to the Apex Body and the Allottee/s shall not and/or cause the Society to claim
any sole right(s), title, interest with respect to the same.

10.4.4 The Apex Body shall be required to join in execution and registration of the
Apex Body Conveyance. Post the Apex Body Conveyance, the Apex Body
shall be responsible for the operation and management and/or supervision
of the Larger Property conveyed to the Apex Body including the Whole
Project Included Amenities and the Promoter shall not be responsible for the
same.

10.4.5 The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges, with respect to the Apex Body Conveyance, the
Retention & Inter-se Agreements and the transaction contemplated thereby,
including in respect of (a) any documents, instruments, papers and writings,
(b) professional fees charged by the Advocates & Solicitors engaged by the
Promoter for preparing, drafting and approving all such documents, shall be
borne and paid by the Apex Body and its members/intended members, and
the Promoter shall not be liable towards the same.

10.4.6 Neither the Apex Body nor the Society/the Exquisite Society/the Other
Residential Component Societies shall ever claim and/or demand for
partition of the Larger Property or any part thereof.

11. REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE

The Allottee/s represent(s) and warrant(s) to the Promoter that:-

11.1 He/she/it/they/is/are not prohibited from entering into this Agreement and/or to
undertake the obligations, covenants etc. contained herein or enter into this
Agreement and/or to undertake the obligations, covenants etc. contained herein;

11.2 He/she/it/they/has/have not been declared and/or adjudged to be an insolvent,

bankrupt etc. and/or ordered to be wound up or dissolved, as the case may be;

11.3 No receiver and/or liquidator and/or official assignee or any person is appointed
in the case of the Allottee/s or all or any of his/her/its assets and/or properties;

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11.4 None of his/her/their assets/properties is attached and/or no notice of attachment

has been received under any rule, law, regulation, statute etc.;

11.5 No notice is received from the Government of India (either Central, State or Local)
and/or from any other Government abroad for his/her/their involvement in any
money laundering or any illegal activity and/or is declared to be a proclaimed
offender and/or a warrant is issued against him/her/them;

11.6 No execution or other similar process is issued and/or levied against him/her/them
and/or against any of his/her/their assets and properties;

11.7 He/she/it/they has/have not compounded payment with his/her/their creditors;

11.8 He/she/it/they is/are not convicted of any offence involving moral turpitude and/or
sentenced to imprisonment for any offence not less than 6 (six) months;

11.9 He/she/it/they is/are not an undesirable element and/or will not cause nuisance
and/or cause hindrances in the completion of the development of the Larger
Property and/or anytime thereafter and will not default in compliance with the
terms of this Agreement including making any payments;

11.10 He/she/it has not indulged into any activity or offence relating money laundering;
and

11.11 No notice has been received by or proceedings initiated against the Allottee under
the provisions of the Prevention of Money Laundering Act.

The representations and warranties stated in this Clause 11 are of a continuing nature and the
Allottee/s shall be obliged to maintain and perform such representations and warranties.

12. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:

The Promoter hereby represents and warrants to the Allottee/s as follows, subject to
what is stated in this Agreement and all its Schedules and Annexes, subject to what is
stated in the Title Certificate,-

12.1 The Promoter has clear and marketable title and has the requisite rights to carry
out development upon the Larger Property and also has actual, physical and
legal possession of the Larger Property for the implementation of the Real
Estate Project;

12.2 The Promoter has lawful rights and requisite approvals from the competent
Authorities to carry out development of the Real Estate Project and shall obtain
requisite approvals from time to time to complete the development of the Real
Estate Project;

12.3 There are no encumbrances upon the Real Estate Project except those disclosed
to the Allottee/s;

12.4 There are no litigations pending before any Court of law with respect to the Real
Estate Project except those disclosed to the Allottee/s;

12.5 All approvals, licenses and permits issued by the competent authorities with

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respect to the Real Estate Project, are valid and subsisting and have been
obtained by following due process of law. Further, all approvals, licenses and
permits to be issued by the competent authorities with respect to the Real Estate
Project, shall be obtained by following due process of law and the Promoter has
been and shall, at all times, remain to be in compliance with all applicable laws
in relation to the Real Estate Project and common areas;

12.6 The Promoter has the right to enter into this Agreement and has not committed
or omitted to perform any act or thing, whereby the right, title and interest of
the Allottee/s created herein, may prejudicially be affected;

12.7 The Promoter has not entered into any agreement for sale and/or development
agreement or any other agreement / arrangement with any person or party with
respect to the Larger Property and the said Premises, which will, in any manner,
affect the rights of Allottee/s under this Agreement;

12.8 The Promoter confirms that the Promoter is not restricted in any manner
whatsoever from selling the said Premises to the Allottee/s in the manner
contemplated in this Agreement;

12.9 The Promoter has duly paid and shall continue to pay and discharge undisputed
governmental dues, rates, charges and taxes and other monies, levies,
impositions, premiums, damages and/or penalties and other outgoings,
whatsoever, payable with respect to the Real Estate Project to the competent
Authorities till possession is offered to the Allottee/s in accordance with Clause
7.1 above and thereupon shall be proportionately borne by the Society;

12.10 No notice from the Government or any other local body or authority or any
legislative enactment, government ordinance, order, notification (including any
notice for acquisition or requisition of the Land) has been received or served
upon the Promoter in respect of the Land and/or the Project except those
disclosed to the Allottee.

13. NOMINEE

13.1 The Allottee/s hereby nominate/s the person identified in the Seventh Schedule
hereunder written (“said Nominee”) as his/her/their nominee in respect of the
said Premises. On the death of the Allottee/s, the Nominee shall assume all the
obligations of the Allottee/s under this Agreement and in respect of the said
Premises, and shall be liable and responsible to perform the same, so far as
permissible in law. The Allottee/s shall at any time hereafter be entitled to
substitute the name of the Nominee. The Promoter shall only recognize the
Nominee or the nominee substituted by the Allottee/s (if such substitution has
been intimated to the Promoter in writing) and deal with him/her/them in all
matters pertaining to the said Premises, till the time the necessary order of the
Court of law has been obtained by any legal heirs and/or representatives of the
Allottee/s.

13.2 The heirs and legal representatives of the Allottee/s shall be bound by any or all
the acts, deeds, dealings, breaches, omissions, commissions etc. of and/or by the
Nominee.

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14. INDEMNITY

The Allottee shall indemnify and keep indemnified, saved, defended and harmless the
Promoter against any or all demands, notices, claims, actions, proceedings, losses,
damages, expenses, costs or other liabilities incurred or suffered by the Promoter from
or due to any breach by the Allottee of any of its covenants, representations and
warranties under this Agreement or due to any act, omission, default on the part of the
Allottee in complying/performing his/her/their obligations under this Agreement.

15. CONSTRUCTION OF THIS AGREEMENT

In this Agreement where the context admits:

15.1 Any reference to any statute or statutory provision shall include:

15.1.1 all subordinate legislation made from time to time under that provision
(whether or not amended, modified, re-enacted or consolidated); and

15.1.2 any amendment, modification, re-enactment, substitution or consolidation

thereof (whether before, on or after the date of this Agreement) to the
extent such amendment, modification, re-enactment, susbstitution 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,
susbstituted or consolidated) which the provision referred to has directly
or indirectly replaced.

15.2 any reference to the singular shall include the plural and vice-versa;

15.3 any references to the masculine, the feminine and/or the neuter shall include each
other;

15.4 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;

15.5 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;

15.6 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;

15.7 references to a person (or to a word importing a person) shall be construed so as

to include:

15.7.1 an individual, firm, 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

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(whether or not in each case having separate legal Personality/separate

legal entity); and

15.7.2 that person’s successors in title and assigns or transferees permitted in

accordance with the terms of this Agreement.

16. NOTICE

16.1 All notices to be served on the Allottee/s and the Promoter as contemplated
by this Agreement shall be deemed to have been duly served if sent to the
Allottee or the Promoter by Courier or Registered Post A.D or notified Email
ID/Under Certificate of Posting at their respective addresses as specified in
the Seventh Schedule hereunder written.

16.2 It shall be the duty of the Allottee/s and the Promoter to inform each other of
any change in address subsequent to the execution of this Agreement in the
above address by Registered Post failing which all communications and letters
posted at the above address shall be deemed to have been received by the
Promoter or the Allottee/s, as the case may be.

17. COSTS & EXPENSES

The Allottee/s shall bear and pay all the amounts, taxes, charges, levies, duties including
stamp duty, registration charges and all out-of-pocket costs, charges and expenses on all
documents for sale and/or transfer of the Premises and on this Agreement and on the
transaction contemplated herein.

18. ENTIRE AGREEMENT

18.1 This Agreement constitutes the entire agreement between the parties hereto and
supercedes other representations, warranties, conditions or collateral
agreements, express or implied, written or oral, whether made by the Promoter,
any agent, employee or representative of the Promoter or any other person. The
show flat constructed by the Promoter and all furniture, items, electronic goods,
amenities etc. displayed therein, and any marketing material including sales
brochures, models, photographs, videos, illustrations, walk through, etc.
provided to the Allottee/s or made available for the Allottees/s’ viewing were
merely an artists impression and creative imagination and shall not constitute a
representation or warranty or declaration by the Promoter or any of its
agents/employees/representatives and the Allottee/s shall not be entitled to make
any claim upon the Promoter with respect to any item/component/facet that is
not specifically agreed to be provided by the Promoter to the Allottee/s under
this Agreement. This Agreement shall form the only binding agreement between
the parties hereto subject only to the terms and conditions contained herein and
this Agreement fully supersedes and replaces any previous agreements
concerning the said Premises and said car parking space/s between the parties
hereto.

18.2 The Allottee/s is/are aware and agree(s) that this Agreement contains all the
terms and conditions for allotment of the said Premises in favour of the
Allottee/s.

18.3 Nothing contained in this Agreement is intended to be nor shall be construed as

a grant, demise or assignment in law of the said Tower, the Real Estate Project,
the Whole Project or the Larger Property or any part thereof.

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19. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE:

After the Promoter executes this Agreement, it shall not mortgage or create a charge on
the said Premises and if any such mortgage or charge is made or created then
notwithstanding anything contained in any other law for the time being in force, such
mortgage or charge shall not affect the right and interest of the Allottee/s who has taken
or agreed to take such said Premises.

20. WAIVER

No forbearance, indulgence or relaxation or inaction by the Promoter at any time to

require performance of any of the provisions of these presents shall in any way affect,
diminish or prejudice its rights to require performance of that provision and any waiver
or acquiescence by it of any breach of any of the provisions of these presents shall not be
construed as a waiver or acquiescence of any continuing or succeeding breach of such
provisions or a waiver of any right under or arising out of these presents, or acquiescence
to or recognition of rights and/or position other than as expressly stipulated in these
presents.

21. SEVERABILITY

If any provision of this Agreement shall be determined to be void or unenforceable under

the RERA Act or the Rules and Regulations made thereunder or under other applicable
laws, such provisions of this Agreement shall be deemed amended or deleted in so far as
reasonably inconsistent with the purpose of this Agreement and to the extent necessary to
conform to the RERA or the Rules and Regulations made thereunder or the applicable
law, as the case may be, and the remaining provisions of this Agreement shall remain
valid and enforceable as applicable at the time of execution of this Agreement.

22. METHOD OF CALCULATION OF PROPORTIONATE SHARE:

Wherever in this Agreement it is stipulated that the Allottee/s has/have to make any
payment, in common with other Allottee/s in Project, the same shall be in proportion to
the carpet area of the said Premises to the total carpet area of all the other
premises/units/areas/spaces in the Real Estate Project.

23. FURTHER ASSURANCES:

Both Parties agree that they shall execute, acknowledge and deliver to the other such
instruments and take such other actions, in additions to the instruments and actions
specifically provided for herein, as may be reasonably required in order to effectuate
the provisions of this Agreement or of any transaction contemplated herein or to confirm
or perfect any right to be created or transferred hereunder or pursuant to any such
transaction.

24. PLACE OF EXECUTION:

The execution of this Agreement shall be complete only upon its execution by the
Promoter through its authorized signatory at the Promoter's office, or at some other
place, which may be mutually agreed between the Promoter and the Allottee/s, in
Mumbai City, after the Agreement is duly executed by the Allottee/s and the Promoter
or simultaneously with the execution the said Agreement shall be registered at the office
of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at
Mumbai, Maharashtra, India.

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25. The Allottee/s and/or Promoter shall present this Agreement at the proper registration
office of registration within the time limit prescribed by the Registration Act, 1908 and
the Promoter will attend such office and admit execution thereof.

26. JOINT ALLOTTEES:

That in case there are Joint Allottees all communications shall be sent by the Promoter
to the Allottee whose name appears first and at the address given by him/her which shall
for all intents and purposes to consider as properly served on all the Allottees.

27. DISPUTE RESOLUTION:

Any dispute or difference between the Parties in relation to this Agreement and/or the
terms hereof shall be settled amicably. In case of failure to settle such dispute amicably,
such dispute or difference shall be referred to the Authority as per the provisions of the
RERA and the Rules and Regulations, thereunder.

28. GOVERNING LAW:

This Agreement and the rights, entitlements and obligations of the Parties under or
arising out of this Agreement shall be construed and enforced in accordance with the
laws of India as applicable in Mumbai City, and the Courts of Law in Mumbai will have
exclusive jurisdiction with respect to all matters pertaining to this Agreement.

29. RIGHT TO AMEND

Any amendment to this Agreement may only valid by a written agreement between the
Parties.

30. PROVISIONS OF THIS AGREEMENT APPLICABLE TO THE

ALLOTTEE/S/SUBSEQUENT ALLOTTEE/S

It is clearly understood and so agreed by and between the Parties hereto that all the
provisions contained herein and the obligations arising hereunder in respect of the Project
shall equally be applicable to and enforceable against any subsequent allottees of the said
Premises in case of transfer of the said Premises, as the said obligations go along with the
said Premises for all intents and purposes.

IN WITNESS WHEREOF the parties have set and subscribed their respective hand and seal
to these presents the day and year first hereinabove stated.

THE FIRST SCHEDULE ABOVE REFERRED TO

(Being description of the Larger Property)

ALL THOSE pieces and parcels of land or ground admeasuring approximately 2,09,076.40
square meters bearing CTS Nos. 95/4/B/1, 95/4/B/2, 95/4/B/3 and 95/4/B/4 of Village Dindoshi
and CTS No. 590/A/A/1 of Village Pahadi Goregaon (East), situated in the Registration District
and Sub-District of Mumbai City and Mumbai Suburban and bounded as follows:
On or towards East : By 18.30 mts wide DP Road
On or towards West : By 18.30 mts wide DP Road and Western Express
Highway

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On or towards North : By Village boundary of Chinchavali, CTS No. 100B/4

of Village Dindoshi and 18.30 mts wide DP Road
On or towards South : By Mohan Gokhale Road

THE SECOND SCHEDULE ABOVE REFERRED TO

(Description of the Real Estate Project being constructed and developed on the Larger
Property)

Details of the land forming part of the Larger Property on which the Real Estate
Project is being constructed and developed:

ALL THOSE pieces and parcels of land admeasuring approximately 1,058.73 square meters
for Towers A, approximately 1,189.7 square meters for Tower B and approximately 1,058.35
square meters for Tower C, aggregating to approximately 3,306.78 square meters and bearing
CTS No. 590/A/A/1 of Village Pahadi Goregaon, situated in the Registration Sub-District and
District of Mumbai City and Mumbai Suburban and bounded as follows:
On or towards East : By CTS No. 590/A/A/1 of Village Pahadi Goregaon;
On or towards West : By CTS No. 590/A/A/1 of Village Pahadi Goregaon;
On or towards North : By CTS No. 590/A/A/1 of Village Pahadi Goregaon;
On or towards South : By CTS No. 590/A/A/1 of Village Pahadi Goregaon.

Real Estate Project Specifications:

Sr. No. Details Tower A Tower B Tower C

1 Basements (including Up to 3 levels Up to 3 levels Up to 3 level
for PPL)
2 Podiums (including Up to 5 levels Up to 6 levels Up to 6 levels
for PPL)
3 Upper Floors Up to 59 floors Up to 59 floors Up to 59 floors
(including podium
levels)
4 Stilts 3 nos. 2 nos. 1 no.

Real Estate Project FSI details:

Details Approximate Area in

Sr. No.
Square Meters
1 FSI sanctioned till date for the Real Estate 1,41,199
Project
2 Additional FSI proposed to be consumed (not 8,801
yet sanctioned) for the Real Estate Project
3 Total FSI proposed to be consumed for the 1,50,000
Real Estate Project

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THE THIRD SCHEDULE ABOVE REFERRED TO

(Being description of the common areas, facilities and amenities in the said Tower that
may be usable by the Allottee/s on a non-exclusive basis)

Sr. No. Tower Amenities

1 Main Entrance Lobby
2 Lift, Lobby and Landings
3 Corridors
4 Staircase and Staircase landings

THE FOURTH SCHEDULE ABOVE REFERRED TO

(Being description of the common areas, facilities and amenities in the Real Estate
Project that may be usable by the Allottee/s on a non-exclusive basis along with
allottee/s/occupants in the Real Estate Project)

Sr. No. Real Estate Project Amenities

1. Swimming Pool
2. Clubhouse

THE FIFTH SCHEDULE ABOVE REFERRED TO

(Being description of the common areas, facilities and amenities in the Whole Project
that may be usable by the Allottee/s on a non-exclusive basis along with
allottee/s/occupants in the Whole Project)

Sr. No. Whole Project Included Amenities

Common Driveways and fire tender paths on the Real Estate Project, the
1.
Exquisite Residential Component and the Other Residential Component
Common entry/exit gates with security cabins for the Real Estate Project,
2. the Exquisite Residential Component and the Other Residential
Component

THE SIXTH SCHEDULE ABOVE REFERRED TO

(Being description of the internal fitting and fixtures in the said Premises)

Sr. No. Details of Internal Fittings and Fixtures

1. Marble flooring for living, dining, kitchen and all bedrooms
2. Vitrified/ceramic tiles for bathroom flooring - Kajaria or RAK or
Johnson or Nitco or equivalent.
3. Vitrified/ceramic tiles as dado for bathrooms - Kajaria or RAK or
Johnson or Nitco or equivalent.
4. Wash basin counters (Marble Counter Top)
5. Vitrified/ceramic tiles dado 2’ high above kitchen platform - Kajaria or
RAK or Johnson or Nitco or equivalent.
6. Kitchen platform with stainless steel sink and drain board
Kitchen sink: Franke or Nirali or equivalent

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7. Aluminium powder coated windows

8. C.P fittings - Kohler or Grohe or Jaquar or equivalent
9. Electrical switches - MK or Legrand or Schneider or Roma or
equivalent

THE SEVENTH SCHEDULE ABOVE REFERRED TO

(Meaning of certain terms and expressions)

Sr. No. Terms and Expressions Meaning

1. Said Premises Flat No. [●] on the [●] floor of the Real
Estate Project.
2. Said Tower [●]
3. Carpet area of the said Premises as [●]
per RERA
4. Sale Price Rs. [●]/- (Rupees [●] Only)
(i) Sale price towards the carpet Rs. [●]/- (Rupees [●] Only)
area of the said Premises
(ii) Proportionate sale price Rs. [●]/- (Rupees [●] Only)
towards the Limited Areas and
Facilities
5. Part Payment towards the Sale Price [●]
paid prior hereto
6. Bank Account of the Promoter [●]
7. Car parking space/s Permission to park in [●] ([●]) car
parking space/s.
8. Completion Date [●]
9. Early Date [●]
10. Limited Areas and Facilities [●]
11. Optional [●]
Fittings/Furniture/Fixtures/
Equipment (at such price to be
determined by the Promoter)
12. Said Nominee Name: [●]
Relationship with Allottee/s: [●]
Address of Nominee: [●]
13. Contact Details Promoter’s email address: [●]
Promoter’s phone number: [●]
Promoter’s fax number: [●]

Allottee/s email address: [●]

Allottee/s phone number: [●]
Allottee/s fax number: [●]
14. PAN Promoter’s PAN: [●]
Allottee/s PAN: [●]

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THE EIGHTH SCHEDULE ABOVE REFERRED TO

(Schedule of Payment of the Sale Consideration as payable by the Allottee/s)

Sr. No. Milestone Percentage Amount

At the time of Booking (Part of Earnest
1. 10% [●]
Money)
Upon Execution of Agreement
2. (Including balance portion of Earnest 20% [●]
Money)
3. On Completion of Plinth 15% [●]
Proportionate ____ installments upon
4. 25% [●]
casting of relevant slabs
Completion of the walls, internal
5. plaster, floorings, doors and windows of 5% [●]
the said Premises
Completion of the staircases, lift wells,
6. lobbies up to the floor level of the said 5% [●]
Premises
Completion of External Plumbing,
7. External Plaster, elevation, terraces 5% [●]
with water proofing of the said Tower
Completion of the lifts, water pumps,
electrical fittings, electro, mechanical
and environment requirements,
8. 10% [●]
entrance lobby/s, plinth protection,
paving of areas appertain of the said
Tower
At the time of handing over of the
possession of the said Premises to the
Allottee/s on/after receipt of the
9. Balance Amount [●]
Occupation Certificate or Completion
Certificate with respect to the said
Tower

THE NINTH SCHEDULE ABOVE REFERRED TO

(being the amounts to be paid by the Allottee/s in accordance with this Agreement)

Sr. No. Particulars Amount

Charges towards formation and registration of the
1. [●]
Society and the Apex Body, along with applicable taxes
To be paid to the
Deposit towards water, electricity, and other utility and
2. utility supplier at
services connection charges
actuals

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One-time non-refundable membership fee with respect to

3. the club house forming part of the Whole Project (taxes [●]
to be paid separately by the Allottee/s at applicable rates)
All legal costs, charges and expenses (taxes to be paid
4. [●]
separately by the Allottee/s at applicable rates)

Development charges (taxes to be paid separately by the

5. [●]
Allottee/s at applicable rates)

THE TENTH SCHEDULE ABOVE REFERRED TO

(being the amounts to be paid by the Allottee/s in accordance with this Agreement)

Sr. No. Particulars Amount

1. Share application money of the Society [●]
2. Corpus fund contribution [●]
Proportionate share of taxes and other charges/levies in
3. respect of the Society and the Apex Body (taxes to be [●]
paid separately by the Allottee/s at applicable rates)
Deposit towards provisional monthly contribution
towards outgoings of the Society and the Apex Body
4. [●]
(taxes to be paid separately by the Allottee/s at applicable
rates)

SIGNED AND DELIVERED by the )

withinnamed “Promoter” )
Oberoi Constructions Limited through its )
Authorised Signatory/s )
)
1. _________________________ )
)
2. _________________________ )
)
)
pursuant to a Power of Attorney dated
)
____________________
in the presence of…
)
)
)
)
)

1.
2.

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 Draft for MahaRERA

SIGNED AND DELIVERED by the )

withinnamed “Allottee/s” )
1) «name_1» )
«name_2_no» )
«name_3_no» )
«name_4_no» )
«name_5_no» )
«name_6_no»

in the presence of... )

1.
2.

Witness:

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