Unit No.

: IG-07-1103

Floor :11

Total Consideration : Rs. 15,039,425.00/-

BUYER’S AGREEMENT

This Agreement is made on this 3 day of June 2013 at Gurgaon (“Agreement”)

By and Between

Emaar MFG. Land Limited, a company incorporated under the Companies Act,

1956, having its registered office at EGE House, 28 – Kasturba Gandhi Marg, New

Delhi – 110 001, through its Authorized Signatory (herein referred to as the

‘company’ which expression shall unless repugnant to the context or meaning

thereof, deem to include it’s successions, subsidiary, nominees, executors and

assigns of the First Part

And
(i) Mr Daljeet Sharma S/O Late Shri Krishan Lal Sharma resident of A- 348,

Meera Bagh Paschim, Vihar, New Delhi.

(ii) Mr Kayash Ahuja S/O Mr Rakesh Ahuja, 440 Bhera Enclave Gf Paschim

Vihar, New Delhi.

Hereinafter Singly/Jointly, as the case may be referred to as the “Allottee(s)”,

which expression shall, unless repugnant to the context or meaning thereof,

deem to include their legal heirs, administrations, executors, successors &

permitted assigns of the other part.

The company allottee(s) and the Subsidiary shall hereinafter be collectively

referred to as “Parties” individually as “party”.

WHEREAS

A. M/s Kamdhenu Projects Private Limited, a company incorporated under the

Companies Act, 1956, having their registered office at 17B, MGF House,

Asaf Ali Road, New Delhi -110002, wholly owned subsidiary of the

company (hereinafter referred to as “subsidiary”) is the owner of a piece and

parcel of land admeasuring 12 acres (more particularly described in

annexures-I) situated in sector-102, Village Kherki, Mohra Dhankot, Tehsil

& District Gurgaon, Haryana (hereinafter referred to as the “Scheduled

Land”)
B. The Company has entered into collaboration agreements with the Subsidiary

(hereinafter referred to as "Development Agreement) for the development of

the Scheduled Land and is fully competent to market and sell units in the

Scheduled Land.

C. Pursuant to the said arrangement between the Company and the Subsidiary

and the grant of license no. 107 of 2012 dated 15-Oct-2012 in favour of

Emaar MGF Land Lid by the Director. Town and Country Planning.

Government of Haryana Chandigarh (DTCP) for & group housing colony,

the Company has conceived, planned and is in the process of constructing

and developing a group housing colony known as "Imperial Gardens"

(hereinafter referred to as "Project) which inter-alia comprises of multistorey

apartment buildings, car parking spaces. recreational facilities, landscaped

gardens etc, to be developed on the Scheduled Land

D. The Subsidiary and the Company have represented that they are the rightful

owners and/ or are well and sufficiently entitled to the Scheduled Land on

which the Project is being developed,

E. The Allottee has conducted physical inspection of the Scheduled Land,

sanctioned building plans, licenses, ownership records, etc. of the Scheduled

Land and other documents relating to the title and competency of the

Subsidiary/Company to enter into the arrangement aforesaid with the

 Company and is satisfied with the same. The Allottee has been intimated

that this Agnement shall be confined and limited in its leope to the Unit

(defined hereinbelow) in the building proposed to be constructed on the

Scheduled Land (hereinafter referred to as Building) accordance with the

building plan(s) approved by DTCP, Haryana /DTP. Gurgaon/competent

authority.

F. The Allonce after satisfying himself about the rights and title of the

Company/Subsidiary aver the Scheduled Land applied for registration 7

provisional allotment of a Unit lo the Project to the Company vide

application dated 26-Feb-2013 for a Unit admeasuring 188.13 sq. murs

(2025 sq.ft). The Allottee has understood and agreed to abide by the terms

and conditions as set cat in the Schedule appended to the said Application

for the provisional allotment by sale of the Unit in the said Project which

biter alia includes the execution and signing of this Agreement.

G. Pursuant to the receipt of the Application by the Company and upon

completion of all procedural formalities, the Company allotted the Unit to

the Allartbe in the Project at such Total Consideration as described in detail

in clause 1,1(a) hereinafter. The Allottee agrees and understands that the

areas provisionally allotted to it are tentative and are subject to change as

 contemplated in this Agreement, till the grant of occupation certificate by

the competent authority.

H. The Subsidiary and the Company have represented that they are the rightful

owners and/orate well and sufficiently entitled to the Scheduled Latd on

which the Project is being developed and on the strength of these

representations the Allottee is entering into this Agreement for purchase of

the Unit in the Project on the terms and conditions appearing hereinafter.

NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO

MUTUALLY AGREE AS FOLLOWS:

Definitions and Interpretation:

In this Agreement, the following words and expressions, when written in capital

letters, shall have the meanings assigned herein. When not written in capital letters,

stich words and expressions shall be attributed to their ordinary meaning.

"Act" shall mean the Haryana Apartment Ownership Act, 1983 and any statutory

amendments or modifications thereof..

"Agreement" shall mean this Buyer's Agreement along with all annexures, recitals,

schedules, terms and conditions for allotment of the Unit being executed between

the Allottees and the Company.

"Application" means the application of the Allottee for booking/provisional

allotment of the Unit to the Project

"Building" shall mean the specific building in the Project in which the said Unit

maybe located.

"Earnest Money" shall mean 15% of the Total Consideration to be paid by the

Allottee as per the Payment Plan attached herewith as Annexure-III.

“EDC" means the external development charges levied/leviable by the

Government of Haryana now of in future, which shall be charged additionally as

applicable and the same shall be paid by the Allottee as and when demanded by the

Company.

“Group Housing Colony" means the 12 acres colony being developed by the

Company by the name of "Imperial Gardens", situated at Sector-102, Village

Kherki Majra Dhankot, Tehsil & District Gurgaon, Haryana and where the said

Unit and other components of the Project are located.

"IAC" means the infrastructure augmentation charges levied/leviable (by whatever

name called, now or in future) by the competent authorities for recovery of cost of

argumentation of major infrastructure projects and includes additional levies, fees,

cesses, charges and any further increase in such charges.

“IDC" means the infrastructure development charges as are imposed by the

Government of Haryana, now or in future, which shall be charged additionally as

applicable and the same shall be paid by the Allottee ds and when demanded by the

Company.

"IFMS" means interest free maintenance security of Rs. 507-per sq ft.to be paid by

the Allottee as and when demanded by the Company/Maintenance Agency

Security for the payment of maintenance charges.

"Maintenance Agency” means the Company or association of owners of such other

agency/body/ entity, etc. to whom the Company may handover the maintenance

and who shall be responsible for providing the maintenance services within the

Project.

“Maintenance Charges” shall have the meaning, ascribed to it in the draft tripartite

maintenance agreement, which shall be annexed to the Agreement.

"Non-Refundable Amounts" means charges paid or due on delayed payment,

interest paid or due on installments, brokerage etc.

“Payment Plan” means the price list as set out in Annexure-III to this Agreement

providing details & price of the said Unit.

“Project” means residential group housing colony being developed by the

Company under the name and style of Imperial Gardens, on a piece and parcel of
land admeasuring 12 acres situated at Sector-102, Village Kherki, Majra Dhankot.

Tehsil & District Gurgaon, Haryana.

"Taxes and Cesses" shall mean any and all taxes by way of value added tax(VAT),

so sales tax, central sales tax, works contract tax, service tax, any time building tax.

luxury tax, Building and other construction workers welfare fund, educational çess

or any other taxes, charges, levies by whatever came called, paid or payable by the

Company and / or its contractors, sub-contractors, suppliers, consultants, in

connection with the development of the Project, now or in future.

"Total Consideration" shall mean the amount payable for the said Unit which

includes the basic sale price and PLC (if any) and charges for right to exclusive use

of one car parking space for the said Unit, but does not include other amounts,

charges, security amount, Taxes and Cesses, stamp duty, which are additionally

payable by the Allottee as and when demanded by the Company in accordance

with the terms of the Payment Plan/this Agreement including but not limited to:

i) IFMS for the Unit at the rate of Rs. 50/- (Rupees Fifty) per sq. ft. of the Super

Area of the Unit;

ii) Stamp duty, registration and Incidental charges as well as expenses for

execution of the Agreement and sale deed etc.

iii) A sum equivalent to the proportionate share of Taxes and Cesses, as applicable

for the Unit

iv) EDC/DC/AC and any interest thereon, as applicable

v) Maintenance Charges. property tax, municipal tax, fees or levies of any kinds

by whatever name called, on proportionate basis for the said Unit

vi) The cost of mainline electricity connection charges to the Project, and diesel

generator power back up charges, as applicable.

vii) "Unit" means the specific residential space applied for by the Allottee,

details of which have been set out in this Agreement.

viii) Escalation charges

ix) Any other charges or expenses as may be more particularly specified in this

Agreement

SALE OF UNIT AND RIGHTS THERETO

1.1Description of the Unit

a. In consideration of the Allottee complying with the terms and conditions of

this Agreement, completing various requisite formalities, as may be required

herein and agreeing to make timely and complete payment of the Total

Consideration as per the Schedule of Payments, the Company hereby agrees

 to sell, convey and transfer and the Allottee hereby agrees to parense and

receive the Unit bearing no. IG-07-1103, located on 11 floor situated in

tower/Building no. 07 having a Super Area of 188.13 sq. mtrs. (2025 sq.ft.)

(approx.), calculated in the ratio where the Super Area of the Unit hears to

the total super area of all the units in the said Building. The Allottee

understands that the Allottees only has the right to use the Common Areas

within the said Project which shall be harmoniously used along with other

occupants in the said Project without causing any inconvenience or

hindrance to them. The Allottees shall have and exclusive right to use the car

parking space, paid for by the Allottees and as may be earmarked by the

Company

b. The Allottee shall have the undivided proportionate interest in the land

underneath the said Building (re the land which is the footprint of the

building in which the said Unit is situated) and same shall be calculated in

the ratio of Super Atea of the said Unit as defined in Annexure-IV herein; to

the total super area of all the units within the said Building only.

It is made abundantly clear by the Company and agreed to by the Allottee

that no other land shall form par of this agreement no right, titloor mere of

any kind whatsoever, on any other land forming art of the within the Project

Limited to and precisely listed in Aunexure. V herein. subject, however, to

 the timely payment of Maintenance Charges as stipulated in the

Maintenance Agreement as appended to in Annexure IX of this Agreement,

by the Allottee.

c. All other land(s), areas, facilities and amenities, except those specified in

this Agreement which falls to the share of the Allottee, are specifically

excluded from the scope of this Agreement and the Allottee agrees and

understands that it shall have no ownership rights, and amenities except to

the extent of using only such general commonly used areas and facilities

within the Project limited to and precisely listed in Annexure -V attached

herewith, subject however, to the timely payment of Maintenance Charges

by the Allottees. Such Land(s) areas, facilities and amenities have not been

included in the scope of this Agreement or in the computation of Super Ares

for calculating the Total Consideration and therefore, the Allottee has not

paid any money for use or ownership in respect of such land(s), areas,

facilities and amenities. The Allotted agrees and understands that ownership

of such land(s), areas, facilities and amenities vests solely with the

Company, its associates and Subsidiary and their usage and manner/method

of use, disposal, etc. shall be at the sole discretion of the Company and its

associates and Subsidiary. It is made clear that the mode of ascertaining

 Super Area of the Unit as defined in Annexure-IV is tentative and is subject

to change all the grant of occupation certificate by the competent authority,

1.2. Sale Price for Sale of Unit

(a). Total Consideration

1. The Total Consideration payable by the Allottee to the Company for the Unit is

Rs 15,039,425/-Rupees One Crore Fifty Lukh Thirty-Nine Thousand Four Handred

Twenty-Five Only) and lacludes the basic sale price (Basic Sale Price/BSP) of Rs.

19.365.000 charges for exclusive right to use one car parking of Rs. 350,000/- and

applicable PLC of Rs. 534,600/-, if any. In the event, the Allottee opts for

additional car parking space, the same shall be made available at the then

prevailing rates, subject to the availability. Save as aforesaid, the Afgttee

understands that the Toul Consideration does not include any other charges, as

reserved in this Agreement and the Allottes shall be under an obligation to pay

such additional cost as may be intimated to him by the Company, from time to

time. The Allottée specifically understands that time is the essence with respect to

the Allottees obligations and the Allottee. undertakes to take all payments in time,

without any reminders from the Company through / Payed Cheque(s) / Demand
Draft(s) payable at New Delhi. The Allotee agrees that the payments on due dates

as set out ip Annexure-III shall be made promptly.

2. The Total Consideration includes the proportionate cost of fire fighting and fire

safety equipment as required by the existing regulations. If, due to any subsequent

legislation government orden directives, guidelines, or change/amendiments in Fire

Codes including the National Building Code 2005, and any subsequent

amendments thereof of if deemed necessary by the Company at its sole discretion,

additional fire safety measures are undertaken, then the Allottee undertakes to pay,

without any protest or demur, within thirty (30) days from the date of written

demand by the Company, such additional expenditure incurred thereon in

proportion to the Super Area of the Unit to the total Super Area of all the units in

the said Building as determined by the Company.

The Allottee agrees, understands and confirms that all other charges and levies, as

are specifically delineated in this Agreement, shall be paid separately over and

above the Total Consideration by the Allottee.

(b). Escalation Charges

The Allottee agrees and understands that the price of the said Unit is based on the

price of materials and labour charges including other costs of construction

pertaining thereto on and around 27.02.2013. If, however, during the progress of
construction upto the expiry of 4542+3) months from the date of start of

construction, there is an increase/ decrease in the price of the materials used in the

construction work and for labour charges other costs related to construction

(hereinafter referred to as Escalation Charges), the same shall be recoverable

payable respectively by/to the Allottee. In order to ensure a fair and transparent

methodology for computation of Escalation Charges, the Company shall take the

respective Wholesale Price Indices as published by the Economic Advisor to the

Govt. of foda, Ministry of Commerce and Industry (on the basis of All

Commodities Index) as the basis of such computation and the Allottee agrees and

accepts, that by choosing these independent WPI Indices, the Company is ensuring

the highest level of fairness and transparency:

It is mutually agreed and binding between the Allottees and the Company that Rs.

3,500/- per sq. ft. of the price of the Unit, shall be treated as construction and

related cost as on 27.02.2013 for the purpose of computation of Escalation

Charges. It is further mutually agreed that within the above stated cost the

components of steel, cement, other Construction materials, fuel and power and

labour shall be. 15%, 10%, 40%, 5% and 30% respectively of the construction

cost, Escalation charges shall be computed at the expiry of 45(4243) months from

the date of start of construction. The WPI for the month of (starting date) and the
expected date of handing over of possession shall be taken as the opening and

closing indices respectively to compute the Escalation Charges.

However, it is clarified, for avoidance of any doubt that the closing index shall be

subject to force majeure. The Company shall appoint a reputed firm of Chartered

Accountants to independently audit and verify the computation of Escalation

Charges done by the Company from time to time. Such audited and verified

Escalation Charges shall be paid/refunded for adjusted), as the case may be, by/to

the Allottee before the offer of possession of the Said Unit to the Allottees.

The WPI for the computation of the Escalation. Charges in the cost of construction

and labour cost are as below: -

Steel Index published as Steel - Long in the category of Basic Metals, Alloys &

Metal Products.

Cement - Index published as Cement & Lime in the category of Non-Metallic

Mineral Products

Fuel Power-Index published as Fuel & Power,

Other Building Construction materials - Index published as All Commodities in the

Index Numbers of Wholesale Prices in India.

Labour-Index published as Consumer Price Index Numbers for Industrial Workers

of Delhi.

The computation of the Escalation Charges, as intimated to the Allottees shall be

foal and binding on the Allottees. The Allottee agrees and understands that any

default, in payment of the Escalation Changes shall be deemed to be a breach of

the terms and conditions of the Agreement. No possession shall be handed over to

the Allottee unless Escalation Charges are paid in full along with delayed payment

charges, if any.

(c) Payment Plan

The Allottee agrees and undertakes to pay the balance amount of the Total

Consideration strictly in accordance with the Payment Plan.

In case of delay in making payment by the Allottee to the Company as per the

Schedule of Payments, the Company shall have the right to terminate the

Agreement and forfeit the Earnest Money along with the Non-Refundable

Amounts. However, the Company may in its sole discretion waive is right to

terminate this Agreement and enforce all the payments and seek specific

performance of this Agreement. The Company, if it decides to waive its right of

termination, shall be entitled to charge delayed payment charges @ 24% pa at the

time of every succeeding installment from the due date of installment, as per the
Schedule of Payments, till the date of payment. In such a case, the Parties agree

that the possession of the Unit will be handed over to the Allottee only upon the

payment of all outstanding dues, penalties etc., along with delayed payment

charges by the Allottee to the satisfaction of the Company

Adjustment of Installments

The Allottee agrees and understands that the Company shall have the right to

adjust/appropriate the installment amount received from the Allottee first towards

the interest and other sums, if any, due from the Allottee and the balance, if any,

towards the Total Consideration. Such adjustment/appropriation of payments shall

be done at the sole discretion of the Company and the Allottee undertakes not to

object, protest or direct the Company to adjust the payments in any manner

otherwise than as decided by the Company. The Allottees hereby expressly waives

the requirement(s). If any, of service of any notice of such appropriation.

Preferential Location Charges

i) There are preferential location charges CPLC) for certain mits in the

Project which inter alia would be charged for Ceanal Greens, Dew,

Greens. Hideout Greens, Culaire Courts, The Courts, Corner units,

Ground Floor with lawn area for exclusive use, First Floor, Second Floor,

Third Floor units, etc. and if the Allottee opts for any such Unit, the PLC
 for the same shall be included in the Total Consideration payable by the

Allottee as set out in clause, 1.2 (a)(1) above for the said Unit

ii) The Allottee understands that if due to change mn layout plan, the

location of any Unit, whether preferentially located or otherwise as

changed to any other preferential location, where the PLC are higher than

the rate as mentioned in this agreement, then in such a case the Allotee

shall be able to pay the PLC as per the revised PLC decided by the

Company within thirty (30) days of any such communication received by

the Allotted in this regard. However, if due to the change in the layout

plan the Unit ceases to be preferentially located, then in such an event the

Company shall be liable to refund only the amount of PLC paid by the

Allottee without any interest and/or compensation and/or damages and/or

costs of any nature whatsoever and such refund shall be adjusted in the

following installment for the Unit.

(f) External Development Charges (EDC)

i) The proportionate amount of the EDC payable by the Allortes as currently

estimated by the Company on dars is Rs. 560,925/- and is exclusive of the Total

Consideration calculated on the basis of Super Area of the Unit.

ii) The Allottee understands and undertakes that in the eventuality of any increase

or enhancement (including with retrospective effect) in the EDC at the time of

 final calculation on completion of the Project, the same shall be payable by the

Allottees on pro rata basis. Any failure thereof to discharge the payment of sold

EDC, shall entitle the Company to terminate / cancel this Agreement.

Thereafter, the Company shall be free to deal with such Unit in any manner

whatsoever, without any objection, interference, obstruction or hindrance by the

Allotee The Allottees further agrees that he would not be entitled to challenge

such termination by the Company due to default or non-payment of such

increased/enhanced EDC and the Allottee specifically waives his tight under

enquiry and / or law to seek any remedy against the Company under these

circumstances.

(g) Infrastructure Development Charges (IDC)

The proportionate amount of the IDC payable by the Allottee as currently estuorted

by the Company on date is Rs. 52,650/-, which is exclusive of the Total

Consideration calculated on the basis of Super Area of the Unit. In the eventuality

of an increase or enhancement of the IDC (including with retrospective effect) and

failure of the Allottee to make payment for such Increase or enhancement of IDC

thereof, the consequences and tights of the Company shall be same as stated in

Clause 1.2 f (ii) above.

(h) Super Area

It is made clear that the Super Area of the Unit as defined in Annexure- IV is

tentative and subject to change til the completion of construction of the Project.

The Total Consideration payable by the Allottees shall be recalculated upon

confirmation by the Company of the final Super Area of the said Unit end any

increase or reduction in the Super Area of the said Unit shall be payable or

refundable, without any interest, at the same rate per square feet as agreed herein

above. If there shall be an increase in Super Area, the Allottee agrees and

undertakes to pay for the increase in Super Area immediately on demand by the

Company and if there shall be a reduction in the Saper Area, then the refundable

amount due to the Allottees shall be adjusted by the Company from the final

instalment as set forth in the Schedule of Payments appended in Annexure-III

(i)Earnest Money.

i) The Allottee understands and agrees that 15% of the Total Consideration of the

Unit shall be treated as Earnest Money by the Company, to ensure the

fulfillment of terms and condition of the Agreement.;

ii) The Allottee hereby agrees that the Company shall have the right to forfeit the

earnest Money along with Non-Refundable Amounts in the event of the failure

of the Allottee to perform his obligations or non-fulfillment of all/any of the

terms and conditions set out in this Agreement executed by the Allottee or in

the event of failure of the Allottee to sign and return this Agreement in its
 original form to the Company within thirty (30) days from the date of its receipt

by the Allottee.

iii) The Allottee agrees that the conditions for forfeiture as stated in sab clause(ii)

hereinabove shall remain valid and effective till the execution and registration

of the Sale Deed for the said Unit and that the Allottee hereby authorizes the

Company to effect such forfeit without any notice to the Allottee.

Parking Space

The Asioto ngmas and understands dit de ce parking space assigned to the

Alioces dad be unlerarood to be together with the Linis and the same shall not

Atloge undertakes out to sell transfed deal with with extelpive reserved car

have any independent leg notky detached or independeed from the sake De Te

paking space independent of the said Unit. In case the Allotme is applied for

additional parking spa, me shall be subject 30 availability at the then preveling

ples od de same shall alsa be subject to this condition.

The Aflotter andertakes to pack bis vehicle in the allocted car parking space only
Allocice shall nak be entitled to ase the other areas in the Building Project reserved

and nowhere else in the Project. The Allocter apmes and widerstands the the

for services, miptecance stuff etc. for parking vehicles or any other age

CLUB MEMBERSHIP REGISTRATION CHARGES

In accordance with the developibent plan of Ore Project, the Company proposes to

develop aclub for recreatiotal purposes (the "Clab") for the Allops and the other

occupants of the Group Housing Colary/Project The Alloutes indeistands dost the

Club may be developed either simultaneous with or after development of the Unit

The Alause agrees to pay all charges including but not limited to Club

Consideration, for membership of the Club and sud be able to pay Club

Membership Registration Charges ("CMRC), which shall be added to the Total

developmebl expenses and crage charges as and when demanded by the Company/

Maintenrode Agency.

Od the Clab becoming functional, keeping in view the general requirement of the

members the quantum of facilities available in the Club and other tocidental

factors effecting 15e running, maintenance dnd upkeep of the Club, the Abompe
thall pay charges as prescribed from time to time by the Compare Mainted poce

Agency and agree to abide by the rules and regulations formulated by the

Company/Maintenance Agency for proper management of the Club. The Company

as the developer of such areas, facilities and amenities falling outside the Building

shall have the sole right and absolute authority to deal with the same in winy meter

which the Company may deer fit at its sole discretion.

COSTS & EXPENSES

The Allotree agrees and undertakes to pay all additional amounts, including but not

limited

to any additional costs, expenses deposits, charges for bulk supply of electrical

energy,

installment of additional transformers, sub-stations or any transmission lice, in

respect of

the Project demanded by the Company and/or the Maintenance Agency from time

to

time

TAXES AND CESSES

The Allottee agrees and undertakes to pay, on demand, all rates, taxes, charges,

and

all other dies or cess of all/ any kind whatsoever, if applicable, whether levied or

leviable, now or in future, on the UnitBuilding Project, including electricity

charges, water charges and any unlity chargés payable to the requisite authorities

from the date of booking of the Unit in the Project and the same shall be paid by

the Aflottes in proportion to the Super Area of the said Unit. Such an

apportionment shall be made by the Company and/ or its comince and for the

10.

4.

5.

(H)

(ili)

Maintenance Agency, as the case may be, and the same shall be conclusive, final.
and binding upon the Allouse,

(b)

if such charges/taxes are increased (including with retrospective effect) after the

Conveyance Sale Deed has been execated, then these charges/taxes shall be

created as unpaid portion of sale price of the Unit and the Company shall have en

on the Unit of the Allottee for the recovery of such charges / taxes dll such unpaid

charges are paid.

Further, the Allottee shall be liable to pay property tax, fire fighting tax or ady

other fee or cess, as and when laved, by a local body/authority, Till the Unit of

the Allottee is not separately nisessed to guich tax, fee or cess, the same shall be

paid by the Allottee on pro-rata basis, as determined by the Company and for its

nominée and/or Maintenance Agency and the same shall be final and binding

apan the Allottee.

Without prejudice to the generality of the above, in case any tax or levy is imposed

by the Government or any local anthooty including without limitation in the form

of VATI.e Value Added Tax or Service Tax on amount payable in or in teladan to

sale of Unit in the Project and on any other chargés payable by the Allottes to the

Company and/ or any such Maintenance Agency and/or its nominea or any other

supplier of utilities and services in terms of this Agreement, the same shall also be

payable by the Allottee from the date of its applicability and the Allotice agrees

and undertakes to keep the Company fully harmless hud indemnified in respect of

such liability. The Allottee understands that the aforementioned taxes and cesses

are odly illustrative and not exhaustive.

LEASE OF OPEN SPACE ON THE ROOFTOP

The Company reserves the right to give on lease/license or hire any part of the roof

top /

totraces above the top float, including terraces forining a part of Unit of the Project

for

installation and operation of anterna, satellite dishes, communication towers, or

outer.

microwave equipment/ vesat link equipment /tower father coinmhnication

equipment or
to use hire, lease the same for advertisement purposes and the Allettes agrees that

he shall

not object to the same and make any claims on this account

PLANS AND CONSTRUCTION

typical floor plan

The Allotree represents that the Allogee has seen, reviewed and accepted the

Payment Plan, tentative plans

site plan as provided in

Annexure-VI of this Agreement The Allottee grees, and acknowledges that the

same are subject to change at the discretion of the Company or as directed by any

competent authority.

The construction of the Unit in the Project including the materials, equipments and

fixtures to be installed thereia shall be substantially in tocordance with the

specifications as given in Annexure-VII subject to the rights of the Company to

amend the specifications in order to substitute materials and equipment or fixtures

of Simitar quality or subject to any direction frour competent authority and/ or the
thrchitect and the Allottee hereby agrees to such condition,

ALTERATIONS/NODIFICATIONS IN THE LAYOUT PLANS AND DESIGNS

The Allodee frereby consents and agrees not to raise any objection, in the event the

Company, at its option and discretion, till the grant of an occupation certificate,

carries out any additions, alterations, modifications es it may consider necessary or

as directed by the competent authority. Such changes may-foclude but shall not be

Ampl

Au

EMAAR

[GURGA

11

TRUE C

No

(d)

O
(6)

locadon, Unit aiuráber, Incronso or decrease in number of

apartments/floors/blocks,

limited to, change in the Building plan(s), floor plaris, location, preferential

etc. or Super Area of the Unit, designs and specifications annexed in Aunexure-

VII.

If as a result of such changes, alterations, modifications eto, there is agy change in

the location,

of the

Unit, the Company shall intitate the same to the Allotfee who shall not raise any

objection to the same.

da case of any alteration/modification resulting in more than 10% increase or

decrease in Super Area of the Unit any time prior to and upon the grant of

increase or decrease in Super Area thereof and the resultant change, if any, in the

occupation certificate, the Company shall intimate the Allottee in writing of such

Total Consideration of the Unit. The Allottee agrees that in the event of such
increase or decrease in Super Area, if the Allottee has any objection to the same,

the Allottee shall intimate the same to the Company within thirty (30) days of the

date of receipt of such notice by the Allotree, failing which the Allottee shall be

deemed to have given his absolute consent to such increase or decrease in Super

Area and/or any alterations/modifications and for paymerits, if any, to be paid in

consequence thereof. However, in case of such increase or decrease in Super Area,

if any demand is made for refund of the monjes deposited by the Allottee towards

the Unit, then in such case this Agreement shall be caricelled without any further

notice and the Company shall refund the money received from the Allottee without

aury interest, within thirty (30) days from further sale of the Unit to any third party.

On payment of the money, the Company and/ or the Allottee shall be released and

discharged from all their obligations and liabilities under this Agreement, it being

specifically agreed that irrespective of any outstanding amount payable by the

Company to the Allottee, the Allottee shall have no right, len or charge on the Unir

in respect, of which refund as conteraplated by this clause is payable.

In case of any alteration/modification resulting in less than 10% increase in Super

Area, then in such an event, the Company shall not be obliged to take any consent

from the Allottee. The Allottee agrees and acknowledges that the Allettee shall be

obliged to make payments for such increase in area within thirty (30) days of the

data of receipt of such notice by the Allottee:

In case of any alterution/modification resulting in less than 10% decrease in Super

Acea, then in such an event, the Company shall not be obliged to take any consent

from the Allottes. The excess amount towards the Total Consideration shall be

adjusted by the Company at the time of final accounting before giving possession

to Allottee, The Allottee agrees and acknowledges that the Company shall not be

obliged to pay any interest in this regard.

The Company shall haye right, without approval of any allottee(s) in the Project to

make any alterations, additions, improvements or repairs whether structural or

non-structural, interior or exterior, ordinary or extraordinary in relation to any

unsold unit within the Project and the Allottee agrees not to raise objections or

make any claims on this account.

The Allotter agrees and understands that in case the Company is able to get
additional FAR density, the Company shall have the sole right to utilize the

additional FAR density in the manner it may deem fit including but not limited to

making additions to the said Building or making additional buildings in and around

MGF

MAA

GURGAON

the land of the Project and the Company shall be entitled to get the electric, water,

cacy and bringe stems of the additional construction thereof connected with

the shendy existing electric, water, sanitary and drainage systems in the Project.

The Allotta knowledges that the Alterte has not made any payment towards the

additional FAR/ density and shall have do right to object to any of such constr

oction actividade caried on the Building Project.

43

SALE DEED
The sale deed Sale Deed shall be executed and got registered in favor of the

Allottee

Fegget to the receipt of opetipadon certificate, provided the Allottes is not in

'default of

pment of Total Consideration, and all other charges, interest, additions EDC, and

adicional Canys late paymest olfarges, Suterest and other changes, etc and $bject

to

compliances of all other terms and condition of this Agreement. The cost of aan

daty,

risadon charges and other incidental charges and expenses will be borus by the

Allottée

In addition to the Total Consideration of the Unit, as and when demanded by the

Company.

The Allostee may, with the prior approval of the Company raise and/ or avail loan

from

banks and other housing finance cochpanies for this purpose only. The Allattée

agrees that
the provides of des Agreement are and shall continue to be subject and subordinate

to the

en of any mortgage berepfore or hereafter made/ created by the Company and any

payments or expenses already made or incurred or which hereafter may be made or

ferred pursuant to the terms thereof or incidental therefo or to protect the security

iberept.

to the fullest exteist thereof and sucht mortgage(s) or encumbrances shall not

constitute an

objection to the title of the said Unit ar excuse the Alletree from making the

payment of the

Total Consideration of the said Ualt or performing all the Allottee(s) other

obligations

bereander or be the basis of any claim against or liability of the Company,

provided that at

the time of the execution of the Sale Deed of the said Unit, it shall be free and clear

of all

encumbrances. Sien and charges whatsoever.

LOAN/FINANCE
The Cohip day shall have the right and authority to rise finance, loan from any

Financial

Instipation Bank by way of mortgage/charge/securitization of receivables of in any

other

mode ar dharner by charge mortgage of the said Unit Building Project subjects to

the

condition that the said Unitshall be free from all eatambrances at the time of

execution of

Sale Deed The Company Finnocial Institution/ Bank shall always have the first

haige on

the said Unit for their dues and other suras payable by the Allorice tir in respect of

any

Joan granted to the Company.

REPRESENTATIONS & WARRANTIES OF THE COMPANY

The Company Subsidiary have represented that they are entitled to transfer the

right, dide and interest in the Unit by way of sale lease, conveyance, mortgage,

sudion handing over possession including but not limited to executing all
docugients such as sale letters, sale deed, conveyancs deed etc. in favour of the

intending purchasers/ Allottee

The Company has obtained approval in respect of the building plants) from DTCP,

Haryana DIP. Gurgaon. The Company has represented and the Allottes bas

specifically agreed and acknowledged that the perforenihce, by the Company, of its

obligation under this Agreement contingent upon the approval being

subsequently maintained and remaining valid and any subsequent amendments,

additions, alterations and inodifications in the building plants), as may be made by

or at instance of the relevant authorities and/or the Company and approved by the

EMBAR

RATO

31.

10.

(d)

(b)
DTCP/DTP, from time to time.

The Company has represented and clarified to the Alloctee that the building plants)

and the floor plan(s) have been prepared on the basis of the guidelines issued by

the

DTCP DTP / Haryans Urban Development Authority CHUDA) and while

preparing the building plans and the floor plans, all the essential requirements have

bead complied with. However, in case the DTCP/DIP or HUDA or the State

government author des direct to make any additions or alterations, the Company

shall carry out the same in accordance with law.

The Company herein represents and warrants that it is competent to execute this

Agreement

REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE

The Allotee covenants, represents, agrees, declares and undertakes to the Company

that

(2)

44

The Allogee has read and understood the Act and implications thereof in relation to
the various provisions of this Agreement and further confirms that the Allottee is in

full consensus with the provisions of this Agreement in relation to the Act and

shall

at all times comply with the provisions of the Act or apy statutory amendments or

modifications thereof or the provisions of any other law(s) dealing with the matter.

The Alloutee shall have the ownership and possession of the said Unit along with

the undivided proportionate share in the land anderneath the Building in which the

Unit is located, user interest in the Common. Areas within the said Building only

(as defined in Annexire-V) and other common facilities/amenities, if any, of the

said Project. The Allottee will have no right to claim or bring about any action for

the division or partition of the Common Areas within the said Building Project ar

any time which shall for ever remain impartible/indivisible. As the interest of the

Allottee in the Common Areas is undivided and cannot be partitioned this would

require him/her to use the Common Areas, within the said Building Project

harmoniously along with other occupants in the said Building Project without

causing any inconvenience or bhidrance to them. The allottee agrees and

understands that the Allottee shall be entitled to the undivided proportionate

interest in no other common facilities /amenities in the Project except the Common

Areas within the Building only. The Allottee hereby undertakes not to raise any

construction

permanent OTI the rear front

OF

whether temporary

balcony/law/rooftop/terrace under his use.

The Allottee has understood that the Company may transfer and convey its rights,

title and interest in any portion of the Common Ares in the Building and all

common amenities and facilities in the Project in favor of any co-operative

society/association/society of allottee(s)/limited company/Allottee, to be formed

for the common interest of all the allottees of any Unit Buildings in the Project, in

accordance with the Act and the rules framed there under, as and when the same

are made applicable to the Unit/Building of provision of any other law that may be

applicable to the Unit Building.

The Allottee shall become a member of any association/society of Allottee as may

be formed by the Company on behalf of Allottee as stipulated under law for the

time being in force and shall pay any fees, membership or subscription charges and

shall complete such documentation and formalities as may be deemed necessary by

the Company for this purpose.

Kayader

ARMGE

LAN

GURGAON

45

The Alleee shall not sell, transfer, ateign or part with his right, uth, or that, in

allotment of the said Unit until payment of 13 of Tatal Consideration of the sald

Unit and on the terms and conditions and charges that maybe stipulated by the

Company in this bobalf. The Allotree shalt pay to the Company transfer charges,
omination fees, ed. as applicable nom time to time in respect of such

splictinations de oommations.

The Allomes pnderstands chat performance by the Company of its obligations

under

this Aginant is subject to the approved building planod by the DTCP/DTP od

other approvalsnoniods from other related departments and/or competent

authoribas and any subsequent amendmants thereof and any additions alterations

or modifications, subsequentamendments, eto, ja the plans, as may be made by the

Company, and approved by the DTCP/DTP

The Allodee has full knowledge of the applicable laws, notifications, statutes, rules

and regulations applicable to the Scheduled Land and/ or the Building Project, The

Allattee has inspected all the approvals, permissions, sanctious, licenses, building

plants), granted by DTCP/DIP and by such other competent authorities and/or

related departments in favor of the Company and ownership record in respect of

the Sehedaled Laud, and all such documents relating to the rights and side of the

Company to develop/construct the Unit in the Building and have fully satisfied
themselves about the rights, title and interest of the Subsidiary in the Scheduled

Land and also the Company's rights to develop the Project and enter into this

Agreement. The Allottee further acknowledges that the Company has readily

provided all information/clarification required by them in this regard. The Alloitee

farther agrees that the Allotte shall not demand, investigate or raise any objections

in this regard at any time whatsoever hereinafter. The Allotree bas also persed and

is fully satisfied with the maintenance services to be provided to them which are

mentioned in the draft Maintenance Agreement anneted hereto as Annexure IX.

The Allottee is aware of the terms and conditions contained in this Agreeasept and

that the Allottee has clearly read and understood his rights, shitids, cesponsibilities,

obligations ander each and all the clauses of this Agreement ind undertakes to

bide by and adhere to the same at all times.

The Allottes acknowledges that the Company has readily provided all the

Information, eleifications as required by the Allottee and that the Allattes has not

relied, upon and is not influenced by any architect's plan, sales plans, sales

brochures, advertisements, representations, warranties, statements or estimates of

any nature whatsoever, whether written or oral, made by the Company, its selling

agents/brokers or otherwise including but not limited to any representations

relating to description or physical condition of the Unit or the size or dimensions of

the Unit or the rooms therein or any other physical characteristics thereof the

Services to be provided to the Allottee, the estimatect incilities/amenities to be

made

available to the Allotme, or any other data except as specifically represented in this

Agreement.

The Allotted is entering into this Agreement for the allotment of the Unit with the

full knowledge of all applicable laws, riles, regulations and notifications to the

Project and bereby undertake to comply with and carry out from time to time after

they liave taken over for occupation and use the said Unit all the requirements,

requisitions and demands which are required to be complied with by any

Development Authority/Municipal Authority goveromeat or any other Competent

MG

GURCHON
EMA

15

TRU

(1)

(m)

(n)

Authority in respect of the said Unit, Project and/or Scheduled Land on which the

Building/Pipject is situated at his own cost The Allottee shall at all times

indemanity and keep tod hold the Company and its directors/employees associates,

ete dempilied, secured and harmless against all costs, consequence, damages,

arising on account of don-compliance with the said requirements requisitions and

dehands.

In case the Allottee is a non-resident Indian or a foreign national of Indian origin

then it shall be this responsibility to fully comply with all the provisions of Foreign

Exchange Management Act, 1999 (FEMA), Reserve Bank of India Act, 1934 (
RBI Act"), any rules and/or goldelines made/issued there under and all other

applicable laws, including that of remittance of payment, acquisition/ sale /transfer

of immovable properties in India. The Allottée shall be solely responsible for any

failure to comply with the applicable FEMA provisions, RBI Act and/or any rules

or guidelines made there under. The Allotree shall inderanity and keep and bold

the

Company and its Directors/employees/associates, etc. fully indemnified and

harmless against any losses, damages, impositions or Habilities, including but not

limited to any statutory liability, claim, action, penalties, charge, costs, expenses.

eto due to sucli failure. In the event of change of the residential status of the

Allotted subsequent to the execution of this Agreement, they shall immediately

intimate the Same to the Company and comply with necessary formalities, if any,

under the applicable laws.

46

The Allottee agrees that the Company shall not be responsible towards any third

party making payment/remittances on behalf of any of the Allottee and such third
party shall not have any right in the allotment of the Unit applied for herein, in any

way and the Company shall be issuing the payment receipts in favor of the Allattee

only.

The Allodee agrees to abide by and comply with the bye-laws or house rules ar

such rules and potifications issued from time to time by the Company or the

designated Maintenance Agency in the interests of the upkeep, cleanliness,

security, etiquettes and maintenance of the Project. Any non-compliance with such

rules and notifications would be deemed to be an event of default.

If stipulated in terras of the License and the bilateral agreement executed between

the Company and the DTCP, Haryana and if it is required to earmark a portion of

the Project for the construction of flats! Unlo floors for domestic servants / low

income group/Economically Weaker Sections (EWS) of the society, in such, a

case it as agreed to by the Allottee, that the Allottee shall have no right, title,

interest in any form or in any manner in the Scheduled Land earmarked and/or on

the Building constructed thereon and/or the facilities provided therein, The Allottee

confirms that the Allottee shall not raise any objection towards the same.
RIGHTS AND OBLIGATIONS OF THE ALLOTTEE

(a) Electricity, Water and Severage Charges

The electricity, water and sewer connection charges & security deposit (if any)

shall be borne and paid by the Allottee. The Allottee shall plan and distribute its

electrical load in conformity with the electrical systems installed by the Company.

The Alletree undertakes to pay additionally to the Company/Maintenance Agency

on demand the actual cost of the electricity, water and sewer connection and

consumption charges and/or any other charge which may be payable in respect of

the shid Unit

ARIMGA

LAND

4.

(e)

>

Entry Regulations
It is in the interest of the Allottee to help the Maintenance Agency in effectively

keeping the Unit, Building and/or the Project secured in all ways. For the purpose.

of security, the Maintenance Agency would be free to restrict and regulate the

entry

of visitors into the Building Project Provision of such Entry Regulation would not

create any liability of any kind upon the Company/ Maintenance Agency for any

mishaps caused by any miscreants.

Permitted Use & No Nuisance and Annoyance

The Allontee shall use the Unit for residential purposes only, in accordance with

the

Adt and shall not store any goods of hazardous or combustible nature or which can

cause damage to the structure and for assets of other occupaots or equipments in

the Building Project or use the Unit for any activity other than for residential-

purpose and not put to use the Unit for any immoral, illegal or hazardous activity

which would in any manner jeopardize the Company's goodwill or reputation and

indemnify and keep and hold the Company indemnified from all losses, damages

in
and such other costs and expenses which may arise out of such toa-compliance by

the Allottee. The. Allottee(s) occupancy and use of the Unit shall be in such a

manner so as not to cause hny nuisance, annoyance or disturbance to the other

occupants of the Building/Project

Interior Maintenance & Insurance

The Allottee shall carry out all the interiors and refurbish the Unit at its own cost

and expense and shall also have the sight to change the flooding, wall finish, install

dir-conditioning unit(s), other electrical or electionic appliances so long as the

same does not advarsely effect the structure/facade of the Building in any way. The

Allottee agrees and understands that the insurance and the interiors of the Unit

shall

be the Allattee's responsibility and the Company shall not in any case be held liable

for any loss or damage arising out of or on account of any reglect or omission of

the Allottee, his agents, contractor or any one claiming under the Alfottee

Signage

The Allottee agrees and undertakes that it shall not display any name, address,
signboard, advertisement material, billboards, hoarding, or advertisements et on

the external facade of the Unit, Building and/or the Project. The Alloutee would be

permitted to place its name board at the entrance to the Unit only at the designated

place specified by the Company/ Maintenance Agency in this behalf.

Alterations in the Unit

The Allottee shall not make any such additions or alterations in the Unit so

as to cause blockage or obstruction in the Common Areas and facilities

within the Building and/or to cause any structural damage of encroachment

to the stricture of the Building in the Project.

The Allontee shall not demolish any structure of the Unit orany portion of

the same or cause to make any new construction in the Unit without the

prior approval and consent of the Company and/or the local authority,

required. The Allonea however undertakes that it shall not

divide/sub-divide the Unit in any manner: The Allottee shall not change the

colour and structure of the external facade of the Unit.

Registration of Address

In case of joint allotment, all communication, demand notices etc, shall be sent by

NIGF

the Company to the Allottee, whose dame appears first and at the address given by

the Allottee, which shall for all purposes, be considered as served on, all the

allottee(s) and no reparate communication shall be sent to the other named

in relation to

allottee(s) Any consent and/or discharge by the first named holder shall be walld

It shall be the responsibility of the Allotted to inform the Company by Registered

ADJ Póar about all subsequent changes in bis address, if any, falling whith all

to have been received by him/her at the time of when those should ordinarily reach

sach address.

Bulk supply of electricity

16 the permission to receive and distribute bulk supply of electricity in the Project

is
received by the Company or the Maintenance Agency or the association, the

Allottee hereby undertakes to abide by all the conditions of the sapetion of the bulk

supply and to pay on demand proportionate share of all deposits or charges pace

payable by the Maintenance Agency/association to whout permission to receive

baik supplies and distribute the same is granted. The Allottee shall also be able to

pay the proportionate share of cost. incurred by the Company/Maintenance

agency/association for creating infrastructure like HT Feeder, EHT Substation, etc.

Subject to the forgoing, the Allohtee shall éxecuté any such docament as may be

required for the purpose specified herein containing requisite terms and conditions.

In case of bulk supply of electrical energy, the Alloyee-agrees to abide by all the

conditions of sanction of bulk supply and undertakes not to apply directly to

Haryana Vidyut Prasaran Nigam Limited (HVPNL) or any other electricity

supply company in bis individgal capacity for receiving any additional load of

electricity other than that being provided by the Company/Maintenance Agency,

Power Backup

The Company shall provide power backup facility to the Project subject to timely
payment of Maintenance Charges. The power backup for each Unit shall be made

available through DG kets after accounting for an overall suitable diversity of 60%

within the said Project or anywhere else, the ownership of which shall vest with the

Companylits nominee (including Maintenance Agency). It is, however, accepted

by

the Allottee that for any additional load increase requirement, the capital as well as

running cost, ad intimated by the Company from time to time, shall be borne by the

Allone, Farther, the said power back facility is an additional feature and the

Allottee herein shall not claim any loss /damage, whether direct or consequential,

from the Company in the event of default on the part of the Maintenance Agency/

association of thit owners/ body providing the same or continue to provide the

same. In the event the Allotres requires any further power back up for its

appliances/egurprents, the Allottee at its own cost and risk may install appropriate

stabilizers/ uninterrupted power supply units within the Unit. The said power back

up facility shall be usage based and the Allottee shall regularly pay its

proportionate share of costs, charges, expenses etc incurred by the Maintenance

Agency in providing the same. The Allottee accepts that it shall not claim any

damage/ass whether direct or consequential from the Company/Maintenance

Agency of body providing the same in the event of low voltage, low frequency.

inconsistent or non availability of the same for reasons beyond the control of the

Company Maintenance Agency/any other body providing the same.

Association of Owners

The Allotteerundertakes to join the association of the owners as may be formed by

AR

LAN

GURGAON

Kajzoly

(0)

the Company on behalf of the unit owners and to pay any fee, subscription,

membership charges thereof and to complete all such documentation formalitie ax

may be required as and when deemned necessary by the Company for this purpose

falling which the same shall be treated unpaid proportion of the Total
Consideration payable by the Alletree heroin for the said Umt and execution of the

Sale Deed chay be withbold by the Company till fall payment thereof is teceived

by

the Compony Maintenance Agency. An application form, the form for formation

of association, declaration und membendub form dniy executed by the purchaser,

for the purpose of ebrollment as a member of such association is attached hereto is

Angexpre-VIIL

12. TIME IS THE ESSENCE

(a) It is specifically and categorically understood and agreed by the Allottee that

time is of

the essence with respect to the Allottee(s)' obligations to perform or observe all the

obligations of the Alloutee under this Agreement and/ or to pay the Total

Consideration

along with other payments such as applicable stamp duty. registration fee and other

charges stipulated under this Agreement to be paid on or before due date or as and

when demanded by the Company as the case ntay be.

The Aflotte sirall from time to time sign all applications, papers, documents.
Maintenance Agreement and all other relevant papers, as required in purstance to

this transaction and to do all the acts, deeds and things as the Company may

require

for safeguarding the interests of the Company and other allottee(s)/occupants in the

Project:

(b) It is also specifically and categorically understood and agreed by the Allottee

that the

Company shall not be obliged to send demand notices and/ or reminders regarding

the

payments to be made by the Allottee as per the Schedule of Payments in

Annexure-

III or obligations to be performed by the Allottee.

13. DELAY IN PAYMENTS

Whene

49

Notwithstanding anything contained in clause 20. in case of delay in making any

payment reserved herein by the Allonted, the Company shall have the right to
terminate the Agreement and fortelt the Earnest Money alongwith the

Non-Refundable Amounts. However, the Company may in its sole discretion.

waive its right to terminate this Agreement, and enforce all the outstanding

payments and seek specific performance of this Agreement. The Company shall be

entitled to charge delayed payment charges 24% pa at the time of every

succeeding installment from the due date of installment, till the date of payment as

per the Schedule of Payments, In such a case, the Parties agree that the possession

of the Unit will be handed over to the Allottee only upon the payment of all

outstanding dies, penalties etc., along with interest by the Allottee to the

satisfaction of the Company.

Without prejudice to the generality of the above, incase of any delay in payment of

any other fe other than the installments due fa terms of Annexure-ILF amount

of charge as céserved in this Agreement including without limitation to

enhancements in EDC and IDC in terms of clause 1.2 and 1.2 (s) payment of

charges towards PLC under clause 12 (e) (u), electricity or water meter deposits

et the same shall be paid by the Allotteer on demand being raised by the
Company, On failure of such payment being made by the Allottee, the Company

shall have the right to terminate the Agreement and forfeit the Earnest Money

along with the Non-Refundable Amounts. Without prejudice to the above, the

Company shall also be entitled to charge delayed payment charges @ 24%6 p.a. at

VWB

LA

(0)

(b)

POSSESSION

My Cink of every enginstallment from the due date of installment, till the

date of payment as per the Schedule of Payments as stated in Annexure-III

Time of handing over the Passession

Subject to terms of this clause and barring force majeurs conditions, and subject to

the Allotes having complied with all the taims and conditions of this Agreement,

od not being in defandt under any of the provisions of this Agréemeat and
Compliance with all provisions, formalities, documentation etc.. as preteribed by

the Company, the Company proposes to hand over the possession of the Unit

within 42 (Forty Two) months from the date of start of construction; subject to

timely compliance of the provisions of the Agreement by the Allottee. The Allottee

agrees and understands that the Company shall be entitled to a grace period of 3

(three) months after the expiry of said period of 42 months, for applying and

obtuning the completion certificate / occupation certificate in respect of the Unit

and/or the Project

Subject to Clause 31, and notwithstanding anything contained clauses 14(a) and 16

in the following circumstances, the date of possession shall get extended

accordingly:

VINDE

If the completion of the Building including the Unit is delayed due to.

force majeure conditions then the Allottée agrees that the Company shall

be entitled to the extension of time for handing over of the possession of

the said Unit. The Company as a result of such a contingency arising

reserves the right to alter or vary the terms and conditions of this

Agreement or if the circumstances beyond the control of the Company so

war, the Company may suspend the construction of the

Building Project and this Agreement for such period as it may consider

expetent The Allottee agrees not to rlaun compensation of any nature

whatsoever of this Agreement for the period of suspension of the

construction of the Building/Project and this Agreement:

If as a result of any law that may be passed by any legislature or rule,

regulation or order or notification that may be made and/or issued by the

government or any other authority including a municipal authority of on

account of delay in sanctioning of plans or my other sanctions of approval

for development or issuance of completion certificate occupation

Certificate by appropriate Authorities, the Company is not in a position to

hand over the possession of the Unit, then the Company may, if so advised.

though noc boudd to do so, at its sole discretion challenge the validity,

applicability and/ of efficacy of such Législation, Rule, Order or

Notification by moving the appropriate courts, tribunal(s) and/or authority.

In such a situation, the amount paid by the Aljottee in pursuance of this

Agreement shall continue to remain with the Company and the Allottee

agrees not to move for or to obtain specific performance of the terms of

this Agreement, it being specifically agreed that this Agreement shall

remain in abeyance till final determination by the court(sy tribunal(s)

authority (ies). However, the Allottee may, if he/ she so desires, become a

party along with the Company in such litigation to protect Allotfee rights

arising under this Agreement.

3.

(a) Further, in the event of the Company succeeding in its challenge to the

ARMIGA

GURBA

Kayavaly

20

TR
15.

(iv)

-(a)

(iv)

51

impagned legislation or rule, régulation or order, as the case may be, it is

hereby agreed that this Agreement shall stand revived and the Allottes and

the Company shidl be able to fulfill all obligations as provided in this

Agreement.

However, in the event the aforesaid challenge by the Company to the

impugned tegislation, order, rule or regulation does not succeed and the

said legislation, order, rule, or regulation becomes final, absolute and -

binding, the Company will refund the moneyGies) paid by the Allottee in

pursuance of this Agreement along with simple interest at 9% pa. on the

amounts) paid by the Allottee for such period of delay, after making
payments of the statutory dues and secured creditors and after déducting

the delayed payment charges bo delayed payments, processing fee erg, and

any other expenses attributable to the said Unit Save as otherwise

provided herein. the Allotree shall not have any other right or claim of

whatsoever nature against the Company under or in relation to this

Agreement.

The Allotted agrees and accepts that in case of any defauly/delay in

payment as per the Schedule of Payments, the date of handing over of die

possession shall be extended accordingly, solely on the Company's

discretion till the payment of all outstanding amounts to the satisfaction of

the Company.

PROCEDURE FOR TAKING POSSESSION

Subject to all other terms of this Agreement, and upon completion of the

formalities stipulated in this Agreement, the Company shall offer in writing to the

Allottee to take possession of the Unicoccupation and rise.

Upon receiving intimation in writing from the Company, the Allortee shall within
thirty (30) days take possession of the said Unit from the Company by executing

necessary indemnities, undertakings, and such other documentation as the

Company may prescribe. The Company shall, after satisfactory execution of such

documents and payment by Allotee of all the dues under this Agreement

including the payment towards stamp duty and registration charges, permit the

Allontée to occupy the Unit, on the terms and conditions contained in this

Agreement. If the Allottee fails to take possession of the Unit as aforesaid within

the time limit presoribed by the Company in its notice, then the said Unit shall lie

at

the risk responsibility and cost of the Allottee in relation to all the outgoing cesses.

taxes, levies eio, and the Company shall have no liability or concern thereof and

further that the Company shall also be entitled to holding charges as provided

under clause 17.1 hereinbelow.

Subject to the Allefter maldog all payments under this Agreement, including

payment of stamp dury, registration charges, incidental expenses for registration,

legal expenses for registration and all other dues as set forth in this Agreement ar
as derdanded by the Company from time to time, prior to the execution of the Sale

Deed; the Company shall prepare and execute along with the Allodee a Sale Deed

to convey the title of the said Unit in favor of Allottes. The Parties agree that after

the Allottee has provided all the details, documents as provided in the written

notice as stated in this clause and/ or other documents required for the purpose of

registration of the Sale Deed; the Company shall make all reasonable efforts to get

the Sale Deed registered within a reasonable time. The Allottee agrees and

Kayodh

$17.

16.

(6)

(c)

(a)

52

undertakes, to make himself barself available for the purpose of registration on the

date(s) ar informed by the Company.

The Allotted agrees that if the Allotree is in default of any of the payments as

afote-stated, then the Company shall have the right to withhold registration of the

Sale Deed in the Allottee's favor till full and final settlemont of all dues, to the

Company is made by the Allostee, The Allaitee undertakes to execute Sale Deed

within the tide stipulated by the Company in its watten notice, falling which the

Allotee. authorizer the Company to cancel the allotment and terminate this

Agreement and to forfelt out of the amounts paid by him, the Eatnest Money dong

with Noo Refundable Ansons and to refund the balance amountif any without

any interest in the manner prescribed in this Agreement

The Allotted shall be solely responsible and liable for compliance of all applicable

laws incinding but not limited to the Act, Transfer of Property Act, 1882, the

provisions of Indian Stamp Act, 1899 (or kay modification thereof) including any

actions taken or penalties imposed by the Competent AuthorityGiest The Allottee

farther undertakes to indemnify and keep and hold the Company indemnified and

harmless against all claims, demands, actions, proceedings, losses, darriages.

recoveries, judgments, costs, charges and experises which may be made or brought
or commenced against the Company, for non-compliance with any provisions of

Law in respect of the Unit.

COMPENSATION

In case the Company is not able to handover the possession of the Unit within the

period as stipulated bereinabove of any extended period (provided however

contingencies stated in clause 14 have not occurred), the Allottee shall be entitled

to payment of compensation @ Rs. 7.50/- (Rupees Seven and fifty paisa only) per

sq. ft. per month of the Super Area of the Unit for the period of delay beyond 42+3

months or such extended periods as permitted under this Agreement

The Allottes agrees that the compensation as payable under clause 16 (2)

bereinabove shall be payable only after making payment of all charges and

clearing

off al dues as reserved in this Agreement and after the Allottee fulfills all the

condition as set out in clause 15.

The Allottée agrees and understands that the compensation as mentioned

hereinabove, that may become payable to the Allotree, will be paid only if the
Allotee has not defaulted and/or breached any of the terms of this Agreement or

defaulted in any payments as per the Schedule of Payment annexed hereto or in

other words bas complied with all the terms and conditions of this Agreement,

Notwithstanding anything contained herein above or elsewhere in this Agreement,

in the event if there is delay in banding over possession due to the delay or

non-receipt of the occupation dertificate, completion certificate and/or any other

permission/sanction from the competent authorities, then in such an event no such

comperisation or any other compensation shall be payable to the Allottee.

FAILURE TO TAKE POSSESSION

17. Itis agreed by the Alloftee that in the event of the failure of the Allottee to take

the

possession of the said Unit in the manner as aforesaid in clause 16, then the

Company shall have the option to cancel this Agreement and avail of the remedies

as supolated in clatise 20 of this Agreement or the Company may, without

prejudice to its rights under any of the clanses of this Agreement and at its sole
18.

19.

dispustion, decide to andong the delay by the Allottee in taking over the said Unit

that manner as stated in this clanse on the condigen that the Allomtee shall pay to

the Company the following amounts:

53

Holding charges Rs 750/-pey sg. th of the Super Area of the said Whit

per month for the entire period of such delay.

Delayed payment charges @24% per acoum as set out in this Agreement

Malolenance Charges from the deamed date of possession as per notice of

possession.

Further, the Coatpany also has the right to withhold conveyance or handing over

for occupation and use of the sald Unit till the tingo all ontstanding amounts along

with ovenlue threst as prescribed in this Agreenteht, if any, are fully pald.

17.2 The Allottee agrees and understands that the holding charges as stipulated in

clause
17.1(a) shall be a distinct charge and shall be in addition to Maintenance Charges

or any other outgoing casses, taxes, levies etc which shall be payable at the aisk,

responsibility and cost of the Allottee. Further, the Alloitee agrees that in the event

of bisher failure to take possession of the said Unit within the time stipulated by

the Company in its notice, the Allomtee shall have no right or any claim in respect

of any item of work in the said Uait which the Allotfee may àllege not to have been

carried out or completed or in respect of any design specifications, building

materials, use or any other reason whatsoever and that the Allotteo shall be deemed

to have been fully satisfied in all matters concerning construction work related to

the said Unity Building Project.

PERMITTED USE

The Allertee understands that the permitted use of the Unit is foi residential

purposes only

and the Allontée beby agrees to indemnify the Company against any penal action.

damages or loss due to tuisuse of the said Unit for which the Allotep shall be solely

responsible. If the Allones uses or permits the use of the said. Unit for any purpose

other
thum as provided for this Agreement then the Company may send a notice to the

Allottee)

to ceeaty/cure the defect within a period of thirty (30) days. In case the Allottee

does not

curatify the defeel the Allattee shall be required to pay penalty/ damages as

applicable,

to the Company till the default is not cured/rechfied. The Company will also be

entitled to

disconneet the water and electricity connection of the defaulting Alfotos in case the

default

is vot curred by the Allotted within 30 days.

MAINTENANCE AFTER POSSESSION

The Allotteeshall, after taking the possession of the Unit, be solely responsible to

maintain the said Unit at his her own cost, in good repult and condition and shall

dot do orase to be dope anything in or to the sand Building, or the said Uait, or

the staircases, commion passages conidors, circulation areas etc., which may be in
violation of any laws or rules of any authority or change or alter or puke additions.

to the said thit and keep the said Unit, its walls and partitions, sewers, drains,

pipes and apporteltances thereto or belonging thereto in good and renantable repair

and maintain the same in a fit and proper condition and ensure that the support,

shelterete of the Building or pertaining to the said Building in which the said this:

is located is not in any way damaged or jeopardized.

fe) Itis further agreed by the Allottee that all fixtures and fittings including but not

20.

fimited to air conditioners/ coplers etc. shall be installed by the Allottee at places

earthacked or approved by the Company and nowhere else. The Allotteenhall alo

not change the colour scheme of the outer walls or painting of the exterior side of

the doors and windows etc. or carry out any change in the exterior elevation or

design. The non-observance of the provisions of this chuse shall entitle the

Company or the Maintenance Agency, to enter the Unit, if necessary and remove
all non-comfortaing hidings and fixtures at the cost and expense of the Allotted

The

Allottee shall be responsible for any loss or damages arising out of breach of any

of

the aforesaid conditions.

The Allorted recognises that the Units are being serviced by the Maintenance

Agency and that any external agency would be detrimental to the interests of the

Unit's/Building's maintenance and upkeep.

EVENTS OF DEFAULTS AND CONSEQUENCES

201 It is specifically made clear to the Allotice that the Allottee shall, perform,

comply.

abide by and adhere to all covedants, and obligations required to be performed or

complied

with under this Agreement Any default, breach, or non-compliance of any of the

terms and

conditions of this Agreentent shall be deemed to be an event of default liable for

consequences stiplilated herein. The following are the events of default which

include bur

are not limited to the following:

(c)

(d)

(a)

Payments,

(b)

Failure to make payments within the time as stipulated in the Schedule of

Failure to perform and observe any or all of the Allottee obligations as set fordi in

this Agreement or to perform any other 'occupancy obligation. if any, set forth in

this or any other related Agreement.

Failure to take over the Unit for occupation and use within the time stipulated by

the Company or failure to pay the holding charges as stated herein.

Failure to execute the Sale Deed within the time stipulated by the Company or tite

relevant authorities.
Failure to execute Maintenance Agreement and/ or to pay on or before its due date

the Maintenance Charges, maintenance security or any increases in respect thereof.

as demanded by the Company and/or its nominee and/ or other body or association

of Allottes from time to time.

Failure to become a member of the association of Allottee or to pay subscription

charges atc, es may be required by the Company or Association of Allottee, as the

case may be

Assignment of this Agreement of muy interest of the Allottee in this Agreement

without prior written consent of the Company sor without payment of transfer

charges or pot executing documents as asked by the Company for transfer, as máy

be fixed by the Company from time to time.

Dishonour/ stoppage of payment of any cheque(s) including post dated cheques

given by Allotée for any reason whatsoever.

Sale transfer/disposal of/dealing with, in any manner, the reserved car parking

space independent of the Unit or selling of the additional allotted parking space to

any third party.

Failure to pay the Escalation Charges, if any

Any other acts, deeds or things which the Allottee may cominit, omit or fail to

perform in terms of this Agreement, any other undertaking, deed etes or as

demanded by the Company which in the opinion of the Company amounts to at

event of default and the Allottee agrees and confirms that the decision of the

MGE

Company in this regard shall be final and binding on the Allottee

Any breach of any of the Allottea(s) obligations and duties under the Maintenance

and any house rules as may be prescribed by the association/the Company/

maintenance ageboy in respect of the use and occupation of the Unit/Building.

55

20.2 Upon the occurrence of any of event(s) of default in respect of covenants and
obligations under this Agreement or the Maintenance Agreement, or any violation

of

bye-laws house rules as may be prescribed, the following actions/steps may be

taken by the

Company:

In case the possession has not been handed over to the Allottendue to

the default envisaged under this clanser the Company may give notice to the

Allottee for rectifying the default within thirty (30) days from the receipt of notice,

Default Notice") failing which the Agreement shall stand cancelled/ terminated

forthrithi without any further notice and the Company shall have the right to retain

the entire Earnest Money along with the Non-Refundable Amounts. Unless and

until the Allottee rectifies the event of default, the Company shall not be obliged to

enter into Sale Deed and that the Allotice shall be liable to pay charges as provided

berecin.

The Allortce agrees that upon cancellation of this Agreement, the Company

will be released and discharged of all liabilities and obligations under this

Agreement and the Company shall have the right to resell the Unit
party or deal with the same in any other trainer as the Company may in its sole

any third

discretion deem fit, as if this Agreement had nevar been executed and without

accounting to the Allottee for any of the proceeds of such sale. It is clarified that

after cancellation of the Agreement, the Allottee shall be left with no right, title

interest op lien over the said Unit in any manner whatsoeven.

In case the possession has been handed oven to the Allottée: The Company may

send Default Notice to the Allotted to cure / rectify the default within a period of

thirty 309 days., In case the default is not cured rectified by the Alloutee, the

Allottee shall be liable to pay penalty as applicable to the Company till the time

default is not cured/ rectified. The Company shall also be entitled to disconnect

the electricity/ water connection, us also other amenities in case the default is nor

cured by the Allottee within thirty (30) days. The Allottee, also agrees end

understands that the Company shall have first charge lien on the said Unit in

respect of any such non-payment of penalty/damages as stated above.

20:3 The exercise of above remedies is without prejudice to the other rights of the
Company as stated here ander.

(1)

The Allottee agrees that the Company shall have the right to make additions to or

put up additional structures in upon the said Building/Project of anywhere in the

Scheduled Land as may be permitted by the competent authorities. Such additional

structures shall be the sole property of the Company, which the Company will be

entitled to dispose off in any way it Chooses without any interference by the

Allottee.

The Allottee agrees that the Company, at its own cost, shall be entitled to connect

the

relectric, water, sanitary and drainage fittings on the additional structures/ stories:

with the existing electric, water, sanitary and drainage fittings on the additional

structures. The Allottee further agrees and undertakes that the Allottee shall ofter.

MGF

GURGAON
Kayasty

MAAR

LANG

25

(d)

taking possession of the said Unjt or at moy time thereafter, not object to the

Company constructing or continuing with the construction of the other building(s

blocks inside and / or outside / bajacent to the sand property, dr claim any

compensation of withhold the payment of maintenance and other charges as and

weben deranded by the Company on the ground that the infrastructure required for

the said Project is not yet compleze. Any violation of this condition in cases of

breach, non-payment, defaults etc. shall entitle the Company to seek remedies

provided onder this Agreendent

56
The Allottee agrees that upon such cancellation of this Agreement, the Company

will

be released and discharged of all liabihties and obligations under this Agreement

and the Allouée Hereby authorises the Company that the Unit in the Project may

be

sold to any other party by the Company or dealt in any other manner, as the

Company nay, in its sole discretion, deem fit as if this Agreement had never been

executed and without accounting, to the Allottee, for any of the proceeds of such

sale In the event of the Company electing to caticel this Agreement, the Company

will refund the amount received from the Allettes after deducting the amounts o

afore-anid, but only after realizing such refundable amount on further sale/resale to

any other party, It is clarified bere that after refund, by the Company to the

Allottes, of the above-said amount, the Allottes shall have no right or interest under

this Agreement in any manner whatsoever.

MAINTENANCE

The Allottes hereby agrees and undertakes to enter into a separate Maintenance

Agreement as per the draft provided as Aunexine - IX to the Agreement with the
Maintenance Agency.

The Allottee further agrees and undertakes to pay the Maintenance Charges as may

be levied by the Maintenance Agency for the upkeep and maintenance of the

Project, its conunon areas, utilities, equipment installed in the Building and such

other facilities forming part of the Project. Further, the Allottee agrees and

andertakes to pay in advance, along with the fast installment specified under

Payment Plan, advance maintenance charges (AMC) equivalent to Maintenance

Charges for a period of one year or as maybe decided by the Company /

Mantenance Agency at its discretion, Such charges payable by the Allottee will be

subject to escalation of such costs and expenses as may be levied by the

Maintenance Agenty, The Company reserves the right to change, modify, amend,

and impose additional conditions in the Tripartite Maintenance Agreement at its

sole discretion from time to time.

In addition to the payment of the AMC to be paid by the Allortee, the Allottee

agrees and undertakes to pay interest free maintenance security (IFMS) as and

when demanded by the Company/Maintenance Agency.

The Allotree further undertakes to abide by the terms and conditions of the

Maintenance Agreement and to pay promptly all such demands, bills, and charges

as may be faised by the Maintetrance Agency from time to time,

The Allottee agrees that any violation of the terms of the Maintenance Agreement

shall automatically be construed as an event of default under the terms of this

Agreement. The Allottes hereby conveys his no objection in respect of the said

Maintenance Agency nominated by the Company for performing such services.

URGAON

01

(h).

(8)

The Aljortee agrees that the Company/Mamtenance Agency stall carry out the

maintenance of common services and facilities pertaining to the said Projter from

the date of issue of notice of intimation of possession to the, Allottee. The Allottee

agrees us Vermit the Company/Maintenance Agency to enter into the Unit or any
part thereof, after dute notice in writing and during the normal working hours,

unless the circumstances warrant otherwise, with a view to carry out the

maintenance of common services and facilities and to set right any defect in the

Unit or any defects in the Unit above or below the Unit. Any refusal of the Allonte

to give such right to entry will be deemed to be a violation of this Agreement and

the Company shall be antitled to take such actions as it may deem St. The Altottee

shall pay necessary charges for maintenance of common, services and facilities as

determined from time to time. It is clarified that the scope of maintenance and

upkeep of various comthon services within the Building Project and portide has

been described in detail in the Maintenance Agreement. It is understood by the

Allottee that the maintenance and insurance of individual Unit shall always cornoin

the responsibility of the Allattee.

The Allottee agrees and undertakes that in case due to rise in cost of maintenance

there is any shortfall in the amount of AMC, then such excess charge shall be paid

by the. Allottee on acual's as raised in the maintenance bills by the Company

Maintenance Agency from the date of notice for possession on pro-rata basis
irrespective of whether the Allottee is in actual possession of the Unit or not. In

order to secure due performance by the Allottee in payment of the maintenance

bills and other charges raised by the Maintenance Agency, the Allottee agrees to

deposit, as per the Schedule of Payment and to always keep deposited with the

Company an interest free maintenance security, as applicable in the event the

Allottee fails and or neglects to pay the maintenance bill, ether charges on or

before the due date, thea in such an event the Allottee shall not be entitled to

receive the services being iendered by the Maintenance Agency and in addition

thereto the Company shall also have the right to adjust, unpaid amount against

maintenance bills out of the security deposit. The Company shall handover the

corpas so collected, after settlement of accounts adjustment of outstanding

amounts, if any, to the society as and when the same is formed.

57

The Maintenance Charges shall be informed at the time of giving possession of the

Unit when the Maintenance Agreement would compulsorily be executed. It is

further agreed and acknowledged by the Allotee that the Maintenance Charges to
be paid by him in respect of the maintenance services shall be payable as per the

bills of the Maintenance Agency as stated hereinabove.

The scope of maintenance and general upkeep of various common services within

the Building/Project, shall broadly include but not be limited to operation and

maintenance of generators including diesel, fire fighting system, garbage disposal.

and upkeep of common areas, water supply, sewerage system, common aren

lighting The service ontside the Unit but within the Project shall include

maintenance of internal roads, "pathways, boundary walls/fencing, horticulture

drainage system, street lighting, water supply, general watch, security and sucfr

other services within the Project.

In case of the failure of the Allottee to pay the maintenance bills, other charges on

or before the due date, the Allottee in addition to permitting the Company to deny

him/her the right to avail the maintenance services authorizes the Company to

adjust the principal amount of the IFMS against such defaults in the payments of

58
the maintenance bills. If due to such adjarments in the principal amount, de

DPMS falls below the agreed sum pes sq ft of the Super Area of the said Unic the

Allote füber andertakes to make good the resultant shortfall within fides (15)

days of demand by the Company. The Company reserves the debt to crease in

IROS from time to tirpe in keeping with the increase in the cost of crainteatoce

devices and the Allettee agrees to pay such Increases within fifteen (15) days of

the demand by the Company. If the Allottee falls to pay such increase in the IPMS

or to make good the shortfall as aforesaid op or before its due date, they the

Allectee authorizes the Company to treat this Agreement at cancelled without hay

police to the Alletee and to recover the shortfall from the Allottee. It is farther

clarified and agreed and ackoowledged by the Alloutee that the Company shall

always have the right to set off any payment or dans, due and payable by the

Company to the Allotted from the IFMS. It is made specifically clear and it is so

agreed by and benfeen the Parties bereto that this part of the Agreement relating to

dhe IFMS as stipulated in this clauice shall survive the conveyance of title in favor

of the Allodee and the Company shall have the first chargallien on the said Unitio
respect of such non-payment of shortfall increases as the case may be.

PURCHASE NOT DEPENDENT ON FINANCING CONTINGENCY

The Allottee may obtain finance from any financial institution/bank or any other

source but

the Allattea obligation to purchase the said Unit and making of all payments

pursuant to

this Agreement aball not be contingear on the Aflottee's ability or competency to

obtain

ruch facing, and the Allouce will remain boond under this Agreement whether or

not the

Allottee has been able to obrain financing for the purchase of the said Unit

INSURANCE

The structure of the said Building may be insured against fire, earthquake, tots and

civ

gommodon, militant action etc., by the Company or the Maintenance Agency, on

behalf of

the Allogee and the cost thereof shall be payable by the Allohes apart from the
maintenace bill raised by the Maintenance Agency but the contents inside each

Unit shall

be Insured by the Allores ar his/her own cost. The cost of insuding-the Building

structure

shall be recovered from the Allouer according to their proportionate share in the

Project

through a consolidated bull raised annually. The Allottee(s) shall not do or permit

to be

done any act or thing which may render vold or voidable joy insurance of any Unit

or any

part of the said Building or cause increased premium to be payable in respect

thereof for

which the Allottee shall be solely responsible and liable.

HARYANA APARTMENT OWNERSHIP ACT, 1983

The Allotree has confirmed and assured the Company prior to eatering this

Agreement that he has read and understood the Act and its implications thereof in

relation to the vanoos provisions of this Agreement, and the Allodee has further
confirmed that the Allottes is in full agreement with the provisions of this

Agreement in relation to the Act and shall at all times comply, as and when

applicable and from time to rthe, with the provisions of the any other laws dealing

with the matters

Muam

(6)

If the said Unit and the Project in which it is located is subject to the Act or say

statutory enactments or modifications thereof, the common areas and facilities and

the undivided interest, of each Unit owner in the common meas and facilities as

specified by the Company in the declaration which may be filed by the Company

in

compliance with the Act, shall be conclusive and binding upon the Allouse and the

Allonce agrees and confirms that the Allottee's right, title and interest in the said

Unit in the Projectshill be limited to and governed by what is specified by the

MGF
A

25.

26:

Company, in the declaration, which shall be in strict consonance with this

Agreement.

BINDING EFFECT

Forwarding this Agreement to the Allottes by the Company does not create a

binding obligation on the part of the Company or the Allottes until firstly, the

Allotree signs and delivers both copies of this Agreement with all the annexures

along with the payment(s) due as stipulated in the Schedule of Payment of the

address of the Company within 30 days from the date of receipt by the Allottee of

this Agreement and the copy of this Agreement doly executed by the Company:

being delivered to the Allottée.

If the Allottee fails to execute and deliver to the Company this Agreement within

thirty (30) days from the date of its receipt by the Allottee, Then the allotment shall

be treated as cancelled and the Earnest Money along with Non Refundable
Amounts paid by the Alloutee shall stand forfeited.

ASSIGNMENT

The Allottee agrees and understands that the Allottee shall not be entitled to get the

names

of his nontinees, legal representatives etc. substituted in his plade till the payment

of 1996

of the Total Consideration of the said Unit. The Company may however, in iss sole

discretion, peripit such substitution on such terms and conditions including such

payments

of administranve charges, as it may deem fit, This Agreement or any interest in the

Unit

shall not be assigned by the Allotree without prior written consent of the Company,

which

consent may be given or danied by the Company in its sole discretion and shall be

subject

to applicable laws and notifications or any government directions as may be in

force and
shall be subject to this Agreement and the terms, conditions and charges as the

Company

may impose. Any change in name of the Allotteo, including addition/deletion of

the

Alloutee will be deemed as substitution for this purpose, In case the Allottee is

permitted to

do so, the Allotes will be required to obtain a "No Due Certificate from the

Company and

the Maintenance Agency. The Allottee shall pay to the Company trinsler charges,

as

applicable from time to time in respect of such substitutions or nominations. The

Allottee

understands and agrees that on the Company consenting to such substitution, the

assignee

shall not be entitled to any compensation in terms of clause 16 herein abaye

The Allottee shall be solely responsible and liable for all legal, monetary or any

other
consequences that may arise from such assignments and the Company shall have

no difeer

or indirect involvement in any manner whatsoeven. Any purported assignment by

the

Allottee ma violation of this Agreement shall be a default on the part of Allottes

entitting the

Company to cancel this Agreement and to avail of remedies as set forth in this

Agreement.

In the event of refusal or denial by the Company for giving permission to the

Allottes for

assignment transfer, conveyance or nomination of the Unit being allotted herein

the

Allottee has assured the Company and has undertaken not to raise any dispute or

claims in

any manner at any time based upon which the Company has agreed to make

provisional

allotment of the said Dult. Any purported assignment by the Allotted in violation

of this
Agreement shall be a default on the part of Allortee entitling the Company to

cancel this

Agreement.

59

26.1 In the event of refusal or denial by the Company for giving permission to the

Allottee for assignment, transfer, couveyance of namination of the Unit being

allotted herein, the Allottee has assured the Company, and has undertaken not to

raise any dispute or claim in any manner at any time based upon which the

Company has agreed to make provisional allotment of the said Unit-Any

Kayash

aming

cain

LANG

MGF

GURGAON

MAAR
29