AGREEMENT TO SELL

THIS AGREEMENT TO SELL is made at this day of , 20

B E T W E E N:

, a company incorporated and

registered under the Companies Act 1956, having its registered office at

, hereinafter referred to as “THE COMPANY” (which expression

shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its
successors and assigns) of the One Part;

AND

Mr/Mrs/Miss/M/s
residing / having its
address
at
and assessed to income tax under permanent
account number (PAN) , hereinafter referred to as the
“PURCHASER” (which expression shall, unless it be repugnant to the context or meaning thereof,
be deemed to mean and include (a) in case of an Individual, such individual‟s heirs, executors,
administrators and assigns; (b) in case of a partnership firm, its partners for the time being, the
survivors or the last survivor of them and legal heirs, executors, administrators or the permitted
assigns of such last survivor of them; and (c) In case of a company or a body corporate or juristic
entity, its successors and permitted assigns) of the Other Part.

The Company and the Purchaser are hereinafter individually referred to as the “Party” and
collectively referred to as the “Parties”.

Page 1 of 34
WHEREAS:

A. The Company is/shall be constructing the Building (as defined herein) as part of the
Project(as defined herein) on the Larger Property (as defined herein).

B. The chain of title of the Company to the Larger Property is at Annexure 2 (Chain of Title).

C. A copy of the Report on Title in respect of the Larger Property is at Annexure 3 (Report on
Title).

D. The Company has applied for and obtained various Approvals for the development of the
Building(s). The key Approvals obtained are set out at Annexure 4 (Key
Approvals).Applications for further Approvals may be under consideration of the relevant
authorities and, or, the Company may obtain further approvals as may be permitted by
applicable regulations.

E. The Company has engaged the services of architects and structural engineers for the
preparation of the design and drawings in respect of the Building and the construction of the
Building shall be under the professional supervision of the said architects and structural
engineers as required under the bye-laws of the local authorities.

F. The Purchaser has applied to the Company for allotment of the Unit (as defined herein) in
the Building.

G. A copy of the floor plan in respect to the said Unit is hereto annexed and marked as
Annexure 5 (Floor Plan).

H. Relying upon the said application and the representations, declarations and assurances
made by the Purchaser to faithfully abide by all the terms, conditions and stipulations
contained in this Agreement, the Company has agreed to sell to the Purchaser and the
Purchaser has agreed to purchase from the Company the Unit at the consideration and on
the terms and conditions hereinafter appearing.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN

THE PARTIES HERETO AS FOLLOWS:

1. DEFINITIONS

1.1. “Agreement” shall mean this Agreement together with the schedules and annexures hereto
and any other deed and/or document(s) executed in pursuance thereof.

1.2. “Applicable Law” shall mean, in respect of any relevant jurisdiction, any statute, law,
regulation, ordinance, rule, judgment, order, decree, clearance, approval, directive,
guideline, policy, requirement, or other governmental restriction or any similar form of
decision, or determination by, or any interpretation or administration of any of the foregoing
by, any Authority whether in effect as on the date of this Agreement or thereafter and in each
case as amended or modified.

1.3. “Approvals” shall mean and include all licenses, permits, approvals, sanctions, consents
obtained/to be obtained from or granted/ to be granted by the competent Authorities in
connection with the Project/ Building/ Unit and/or the development thereof.

1.4. “Arbitrator” shall have the meaning ascribed to it in Clause 23.2 below.

1.5. “Authority” shall mean (i) any nation or government or any province, state or any other
political subdivision thereof; (ii) any entity, authority or body exercising executive, legislative,
judicial, regulatory or administrative functions of or pertaining to government, including any
governmental authority, agency, department, board, commission or instrumentality; or (iii)
any court, tribunal or arbitrator.

1.6. “BCAM Charges” shall mean the Building common area maintenance charges payable by
the Purchaser inter alia for the maintenance of the Unit/ Building, but shall not include FCAM
Charges.

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1.7. “Building” shall mean the single/multi-storied buildings to be/ being constructed as part of
the Project.

1.8. “Building Conveyance” shall have the meaning ascribed to it in Clause 14.3 below.

1.9. “Building Protection Deposit” shall mean the amounts specified in the Annexure 6(Unit
and Project Details).

1.10. “CAM Charges” shall have the meaning ascribed to it in Clause 15.5.

1.11. “CAM Commencement Date” shall mean the day from which the Purchaser will be required
to pay BCAM Charges and FCAM Charges (if applicable)and will be the first day of the
immediately succeeding month after the Date of Offer of Possession regardless of whether
the Purchaser takes possession of the Unit.

1.12. “Car Parking Spaces” shall mean a location where a 4 wheel passenger vehicle can be
parked. Car Parking Spaces includes open / stilt / covered parking spaces and maybe
located in the basement, car park (including multi-level car park), podium etc.). Shortest
walking distance between the Building entrance lobby and entry to location where car is
parked shall not exceed 750 meters.

1.13. “Carpet Area” shall mean the net usable area of the Unit including the area covered by the
internal partition walls of the Unit but shall exclude the area covered by external walls, areas
under service shafts, exclusive balcony/ verandah/open terrace area or any exclusive open
terrace area. Carpet area is calculated prior to application of any finishes (i.e. on bare shell
basis). Carpet area is subject to tolerance of +/- 3 per cent on account of structural, design
and construction variances. In case of any dispute on the measurement of Carpet Area, the
same shall be physically measured after removing all finishes that have been applied/fitted
and the cost of removal and refitting of such finishes shall be borne by the Party which raises
the dispute in relation to the measurement of Carpet Area.

1.14. “Cheque Bouncing Charges” shall mean the charges payable by either Party to this
Agreement on account of a cheque issued pursuant to this Agreement is not honoured for
any reason whatsoever including „insufficient funds‟, „stop payment‟ or „account closed‟ and
shall mean an amount equivalent to of 2.5 (two point five) per cent of the value of the
chequein question. If the amount of the said cheque and the cheque bouncing charges
thereto are not paid within a period of 30 days from the date the cheque is not cleared in the
first instance, the Cheque Bouncing Charges shall increase to 5 (five) per cent of the value
of the cheque issued.

1.15. “Club” shall mean any recreation facility constructed for the use of the purchasers of units in
the Project or the Larger Property.

1.16. “Common Areas and Amenities” shall mean the common areas and amenities as are
available to and /or in respect of the Building/ Larger Property, as the case may be and more
particularly described at Annexure 7 (Common Areas and Amenities).

1.17. “Company Notice of Termination” shall have the meaning ascribed to it in Clause 11.2.1.

1.18. “Confidential Information” shall have the meaning ascribed to it in Clause 27.1 below.

1.19. “Date of Offer of Possession” or “DOP” shall mean the date on which the Company, by
written intimation, makes the Unit available to the Purchaser along with the OC in respect of
the Unit (the OC maybe for part or whole of the Building). The estimated DOP is set out at
Annexure 6(Unit and Project Details).

1.20. “Direct Tax” or “Direct Taxes” shall mean income tax, corporate tax, or similar tax or levy,
wherever and whenever charged, levied or imposed together with any interest and penalties
in relation thereto.

1.21. “Exclusive Balcony/ Verandah/Open Terrace Area” or “EBVT Area” shall mean the floor
area of the balcony or verandah or open terrace as the case may be, which is appurtenant
to the net usable floor area of the Unit, meant for the exclusive use of the Purchaser. EBVT
Area is calculated prior to application of any finishes (i.e. on bare shell

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 basis) and is subject to tolerance of +/- 3 per cent on account of structural, design and
construction variances. In case of any dispute on the measurement of EBVT Area, the same
shall be physically measured after removing all finishes that have been applied / fitted and
the cost of removal and refitting of such finishes shall be borne by the Party which raises the
dispute in relation to the measurement of EBVT Area.

1.22. “Extended DOP” shall have the meaning ascribed to it in Clause 10.1 below.

1.23. “FCAM Charges”, if applicable, shall mean the Federation common area maintenance
charges payable by the Purchaser inter alia for the maintenance of the Larger Property
(excluding the Building), but shall not include BCAM Charges. FCAM Charges shall be
applicable where the Project consists of more than one Ultimate Organisation and will be as
set out at Annexure 6 (Unit and Project Details).

1.24. “Federation” shall mean the apex body to be formed by and consisting of the ultimate
organisations formed in respect of various buildings constructed/to be constructed in the
Project, to maintain, administer and manage the Larger Property and the Project. This may
be a company or a registered federation or any other management structure as permissible
in law.

1.25. “Federation Conveyance” shall have the meaning ascribed to it in Clause 14.4 below.

1.26. “FEMA” shall have the meaning ascribed to it in Clause 20(y) below.

1.27. “FMC” shall have the meaning ascribed to it in Clause 15.1 below.

1.28. “Force Majeure” shall mean an event of flood, fire, cyclone, earthquake or any other calamity
caused by nature affecting the regular development of the Project.

1.29. “FSI Free Constructed Spaces” shall have the meaning ascribed to it in Clause 15.15
below.

1.30. “Indirect Tax” or “IndirectTaxes” means goods and services tax, service tax, value added
tax, sales tax, stamp duty, customs and import duties, levy, impost, octroi, and, or, duty of
any nature whatsoever, whenever imposed and, or, levied, by any Authority, together with
any interest and penalties in relation thereto, excluding any Direct Tax.

1.31. “Interest” shall mean simple interest at State Bank of India‟s (SBI) highest Marginal Cost of
Lending Rate (MCLR) + 2 per cent per annum. The MCLR shall be taken as applicable on
1st day of each quarter (1st January, 1st April, 1st July, 1st October) and the same shall be
deemed to be the applicable MCLR for the said quarter. Provided further that if SBI MCLR
is no longer in use, MCLR will be replaced by equivalent benchmark rate used by SBI.

1.32. “Larger Property” means the land with details as described in Annexure 1 (Description of
Larger Property). For clarity, there may be other building(s) and/or project(s) which will be
constructed on the Larger Property.

1.33. “Liquidated Damages” shall mean an amount equivalent to 10 per cent of the Total
Consideration.

1.34. “Loan” shall have the meaning ascribed to it in Clause 7.1 below.

1.35. “Maintenance Related Amounts” shall include the amounts collected by the Company to
be utilized towards the management of the affairs of the Building and/or the Larger Property
including but not limited to BCAM Charges, Property Tax and Building Protection Deposit.
An indicative list of Maintenance Related Amounts is at Annexure 6 (Unit and Project
Details).

1.36. “Net Area” shall mean the aggregate of the Carpet Area and the EBVT Area.

1.37. “OC” shall have the meaning ascribed to it in Clause 10.3 below.

1.38. “Possession Demand Letter” shall have the meaning ascribed to it in Clause 10.2 below.

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1.39. “Project” shall mean the project with RERA registration number as stated in Annexure 6
(Unit and Project Details) and with details as available with the concerned RERA authority
(including current and proposed parts of the project). The Project may be part of a layout on
the Larger Property which may comprise of various other buildings and/or projects.

1.40. “Purchaser Notice of Termination” shall have the meaning ascribed to it in Clause
11.3.1.b) below.

1.41. “Refund Amount” shall mean:

1.41.1. In case of termination pursuant to Clause11.2.1 and Clause 11.2.2:an amount

equivalent to the Total Consideration or part thereof paid by the Purchaser to the
Company (excluding Interest or any other charges paid by the Purchaser on account
of delayed payments) after deducting therefrom the Liquidated Damages and, if
applicable, any amounts paid to 3rd parties by the Company on behalf of the
Purchaser including but not limited to stamp duty, registration charges, brokerage
charges (including any consideration, monetary or otherwise, paid by the Company
to any third party for facilitating, assisting in connection with the sale of the Unit or
identifying the Purchaser as a potential purchaser).

For avoidance of doubt, it is clarified that any amount paid by the Purchaser which
has been utilized towards payment of Indirect Tax to any Authority shall not be
refunded unless (and till such time that)the Company receives credit for the same
from the relevant Authority.

1.41.2. In case of termination pursuant to Clause 11.2.3 and 11.3.1.b: an amount equivalent
to the aggregate of the Total Consideration or part thereof paid by the Purchaser to
the Company (excluding Interest or any other charges paid by the Purchaser on
account of delayed payments) and Interest on such amounts from the date of receipt
of the respective installments, after deducting therefrom any amounts paid to 3rd
parties by the Company on behalf of the Purchaser (if applicable) including but not
limited to stamp duty, registration charges, brokerage charges (including any
consideration, monetary or otherwise, paid by the Company to any third party for
facilitating, assisting in connection with the sale of the Unit or identifying the
Purchaser as a potential purchaser), till the date of payment of the Refund Amount.

For the avoidance of doubt, it is clarified that Interest will not be payable on any
amounts paid by the Purchaser towards any Indirect Tax and, or, any other
government levy.

1.42. “Reimbursements” shall include all expenses directly or indirectly incurred by the Company
in providing or procuring services/facilities other than the Unit including but not limited to
LUC, electricity deposit reimbursement, administrative expenses, utility connections, piped
gas connection and related expenses, legal expenses and all applicable Taxes thereon. An
indicative list of Reimbursements is at Annexure 6 (Unit and Project Details).

1.43. “RERA” shall mean the Real Estate (Regulation and Development) Act 2016 and the rules
framed by the relevant State Government thereto and any amendments to the Act or the
rules.

1.44. “Service Providers” shall have the meaning ascribed to it in Clause 15.15 below.

1.45. “Shortfall Amount” shall have the meaning ascribed to it in Clause 16.3 below.

1.46. “Structural Defects” shall mean any defect related to the load bearing structure of the
Building and water proofing. It is further clarified that this shall not include any other non-
load bearing elements or defects for reasons not attributable to the Company.

1.47. “Taxes” shall mean and include Direct Tax and Indirect Tax.

1.48. “Transfer” shall mean the sale, transfer, assignment, directly or indirectly, to any third party
of:

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 a. the Unit or any part of the right, title or interest therein; and, or,

b. the benefit of this Agreement; and, or,

c. in case the Purchaser is a company, directly or indirectly, the change in (i) control and,
or, management; and, or, (ii) shareholding constituting more than 25 per cent of the
voting rights and, or, economic interest;

d. in case the Purchaser is a partnership firm or limited liability partnership, the change in
constitution thereof.

The term “Transfer” shall be construed liberally. It is however, clarified that Transfer in favour
of: (i) a Relative (as defined under the Companies Act, 2013); or (ii) a holding/subsidiary
company (subject to Sub-Clause (c)(ii) above) shall not constitute a Transfer of the Unit.

1.49. “Total Consideration” shall mean the amounts payable/agreed to be paid by the Purchaser
for purchase of Unit and will be the aggregate of the Consideration Value set out at
Annexure 6(Unit and Project Details), Reimbursements, the Maintenance Related Amounts
and all Indirect Taxes thereto, as well as any changes in Consideration Value as per the
terms of Clause 4.2.

1.50. “Ultimate Organization” shall mean the company/ condominium/society/other permissible

legal entity to be formed in respect of the Building as contemplated in Clause 14.

1.51. “Unit” shall mean the unit in the Building with the Carpet Area and EBVT Area as specified
at Annexure 6 (Unit and Project Details) and floorplan thereto (with unit shaded) annexed
hereto as Annexure 5 (Floor Plan).

2. RULES FOR INTERPRETATION

2.1. All references in this Agreement to statutory provisions shall be construed as meaning and
including references to:

a. Any statutory modification, consolidation or re-enactment (whether before or after

the date of this Agreement) for the time being in force;

b. All statutory instruments or orders made pursuant to a statutory provision; and

c. Any statutory provision of which these statutory provisions are a consolidation, re-
enactment or modification.

2.2. Words denoting the singular shall include the plural and words denoting any gender shall
include all genders.

2.3. Headings to Clauses, Sub-Clauses and paragraphs are for information only and shall not
form part of the operative provisions of this Agreement or the schedules, and shall be ignored
in construing the same.

2.4. References to recitals, clauses or schedules are, unless the context otherwise requires, are
references to recitals, to clauses of or schedules to this Agreement.

2.5. Reference to days, months and years are to Gregorian days, months and calendar years
respectively.

2.6. Any reference to the words “hereof,” “herein”, “hereto” and “hereunder” and words of similar
import when used in this Agreement shall refer to clauses or schedules of this Agreement as
specified therein.

2.7. The words “include” and “including” are to be construed without limitation.

2.8. Any reference to the masculine, the feminine and the neutral shall include each other.

2.9. In determination of any period of days for the occurrence of an event or the performance of
any act or thing shall be deemed to be exclusive of the day on which the event happens or

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 the act or thing is done and if the last day of the period is not a working day, then the
period shall include the next following working day.

2.10. The Purchaser confirms and warrants that the Liquidated Damages is a genuine/pre-
estimate of the loss or damage that is likely to be suffered by the Company on account of
breach of the terms of this Agreement by the Purchaser. The Liquidated Damages is also
arrived at having regard to the cost of construction, the cost of funds raised by the Company,
the ability or inability of the Company to resell the Unit, among others. The Purchaser waives
his right to raise any objection to the payment or determination of Liquidated Damages in the
manner and under the circumstances set out herein.

2.11. All amounts stated herein are exclusive of Taxes, including but not limited to service tax,
Maharashtra value added tax, stamp duty, and all such Taxes, as maybe applicable from
time to time, shall be borne and paid by the Purchaser separately, immediately upon the
same being demanded by the Company as per Applicable Law.

2.12. In case of any conflict between the provisions of Clause 21 and any other provisions of this
Agreement, the provisions of Clause 21 shall prevail.

2.13. The recitals above, the schedules and annexures hereto shall form an integral part and
parcel of this Agreement and shall be read in conjunction with this Agreement.

3. DISCLOSURES AND TITLE

3.1. The Purchaser hereby declares and confirms that prior to the execution of this Agreement:
(i) the Company has made full and complete disclosure of its title to Larger Property; (ii) he
has taken inspection of all the relevant documents; and (iii) he has, in relation to the
Unit/Building/Larger Property, satisfied himself of inter alia the following:

a. Nature of the Company‟s right, title and encumbrances, if any;

b. The Approvals (current and future);

c. The drawings, plans and specifications;

d. Nature and particulars of fixtures, fittings and amenities.

3.2. The Purchaser confirms that the Purchaser has entered into this Agreement out of his own
free will and without any coercion, and after reviewing and understanding a draft of this
Agreement. The Purchaser has obtained suitable advice prior to entering into this Agreement
and the Agreement is being entered into with full knowledge of the obligations and rights
under this Agreement and the Applicable Law governing the same.

4. AGREEMENT TO SELL AND CONSIDERATION

4.1. The Purchaser hereby agrees to purchase/acquire from the Company and the Company
hereby agrees to sell to the Purchaser, the Unit for the Total Consideration as set out at
Annexure 6 (Unit and Project Details) hereto subject to the terms and conditions mentioned
herein and the Approvals.

4.2. The Total Consideration shall remain fixed as stated in Annexure 6 (Unit and Project Details)
hereto, save and except for proportionate share (in ratio of Net Area) of any increase in
costs/charges levied by any Authority, after date of start of construction of the Building and
on account of any increase in the cost of construction of the Building due to depreciation of
the rupee by more than 5 per cent beyond the prevailing exchange rate with the US Dollar
($) as on the date of start of construction of the Building. Such increase will be certified by
any one of the Big 6 accountancy firms (EY, KPMG, PWC, Deloitte, BDO, Grant Thornton in
2017 and as may vary over time) and the Purchaser shall pay such proportionate share, as
demanded.

4.3. The Total Consideration shall be paid by the Purchaser to the Company from time to time in
the manner more particularly described at Annexure 6 (Unit and Project Details), time being
of the essence. The Purchaser shall be responsible for ensuring that payment of each
installment is made within 14 (fourteen) days of the demand for the said installment

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 being made by the Company. Payment shall be deemed to have been made when credit is
received for the same by the Company in its account.

4.4. The Purchaser acknowledges that he has chosen the „Construction Progress Linked
Payment Plan‟ since it offers several advantages to the Purchaser, including that the
installment payments may become due later in time than as envisaged at the time of entering
into this Agreement, if the relevant construction milestones are delayed, thus compensating
for the impact of any delay in construction on the Purchaser. This significantly reduces the
risk of the Purchaser as compared to the „Time Linked Payment Plan‟ option and the
Purchaser has entered into this Agreement after taking into account the advantages and
risks of the „Construction Progress Linked Payment Plan‟.

4.5. The Purchaser agrees and understands that Company has agreed to sell the Unit to the
Purchaser on the specific assurance of the Purchaser that the Purchaser:

a. Shall make payment of the Total Consideration as per the timelines set out at
Annexure 6 (Unit and Project Details), without any delay or demur for any reason
whatsoever;

b. Shall observe all the covenants, obligations and restrictions stated in this
Agreement; and

c. Confirms that any breach or failure to observe the aforesaid covenants, obligations
and restrictions would constitute a breach of the terms of this Agreement by the
Purchaser.

4.6. It is clarified and the Purchaser accords his irrevocable consent to the Company to
appropriate any payment made by him, notwithstanding any communication to the contrary,
in the following manner:

a. Firstly, towards the Cheque Bouncing Charges in case of dishonour of any cheque
issued by the Purchaser;

b. Secondly, towards Interest due as on the date of payment;

c. Thirdly, towards costs and expenses for enforcement of this Agreement and
recovery of the Total Consideration, dues and Taxes payable in respect of the Unit
or any other administrative or legal expense incurred by the Company on account
of delay in payment by the Purchaser and consequential actions required to be taken
by the Company; and

d. Fourthly, towards outstanding dues including Total Consideration in respect of the

Unit or under the Agreement.

Under any circumstances and except in the manner as aforesaid, no express intimation or
communication by the Purchaser, with regard to appropriation/application of the payments
made hereunder shall be valid or binding upon the Company.

4.7. In case of the dishonor of any cheque, the Cheque Bouncing Charges will be payable by the
Party which issued the cheque in question.

4.8. The Parties agree that, in addition to the Interest, in case of every instance of delayed
payment, either Party shall be entitled to recover from the other Party responsible for such
delayed payments, all costs associated with the administrative actions related to follow-up
and recovery of such delayed payments, which are estimated to be 2 (two) per cent of the
amount of the delayed payment per instance (subject to minimum of INR 20,000/- (Rupees
Twenty Thousand Only) per instance of delayed payment in 2017 and shall be revised on 1st
April of each year as per rate of Reserve Bank of India‟s consumer price index).

5. CONSTRUCTION AND DEVELOPMENT

5.1. The Company shall, subject to the terms hereof, construct the Building in accordance with
the Approvals andor, plans and amendments thereto as approved by the relevant
Authorities.

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5.2. The Purchaser is aware that while the Company has obtained some of the Approvals, certain
other Approvals (or amendments to current Approvals) may be received from time to time.
Having regard to the above position, the Purchaser has entered into this Agreement without
any objection or demur and agrees not to raise and waives his right to raise any objection,
in that regard.

5.3. The Parties agree that while the Company may make amendments to the plans or layouts
of the Building and the Project as required for the execution of the Project or as may be
directed by the competent Authorities. This may include any change wherein the Company,
if permitted by the relevant Authorities, transferring the construction permissible on the
Larger Property to any other property or transferring to the Larger Property the construction
permissible on any other property at any time prior to conveyance of the Larger Property to
the Federation/Ultimate Organisation. The Purchaser gives his consent for such changes
provided such changes shall not result in change in location of the Unit (with respect to its
direction on a given floor), lowering of the Unit (with respect to its height above ground) or
reduction in the Net Area more than 3 per cent of the Net Area. In case a change is proposed
which adversely impact any of the aforesaid factors, separate written consent shall be
obtained from the Purchaser.

5.4. The Purchaser is aware and agrees that the Company shall allow various balcony/verandah/
open terraces (including the one located at the top of the Building) to be used, partly or
wholly, by one (or more) unit purchaser(s) in the Building and such unit purchaser(s) shall
have exclusive right to use the said areas as per the terms of the arrangement between the
Company and the said unit purchaser(s). The Purchaser agrees not to raise any objection or
make any claims in that regard and the claims in that regard shall be deemed to have been
waived. In terms of the above, the Company shall be at absolute liberty to allot/assign the
said right to such person/s in the manner as the Company may deem fit and proper.

6. SECURITIZATION OF THE TOTAL CONSIDERATION

6.1. The Purchaser hereby grants his irrevocable consent to the Company to securitize the Total
Consideration and/or part thereof and the amounts receivable by the Company hereunder
and to assign to the banks / financial Institutions the right to directly receive from the
Purchaser the Total Consideration and / or part thereof and / or the amounts payable herein.
It is further agreed that any such securitization shall not lead to an increase in the Total
Consideration paid by the Purchaser for the Unit and any payment made by the Purchaser
to the Company and/or any bank or financial institution nominated by the Company in writing,
shall be treated as being towards the fulfilment of the obligations of the Purchaser under this
Agreement to the extent of such payment.

7. LOANS AGAINST THE UNIT

7.1. The Parties agree that notwithstanding any loan or financial assistance availed or to be
availed by the Purchaser in connection with the payments to be made pursuant to this
Agreement (Loan) and any mortgage created or to be created over the Unit in connection
with such Loan (which requires the prior written consent of the Company), the Purchaser
shall remain solely and wholly responsible for the timely payment of the Total Consideration
or the part thereof and/or any other the amounts payable hereunder.

7.2. The Parties further agree that the Company shall not in any way be liable or responsible for
the repayment of the Loan taken by the Purchaser. All costs in connection with the
procurement of the Loan and creation of a mortgage over Unit and payment of charges to
banks or financial institutions in this connection shall be solely and exclusively borne and
incurred by the Purchaser. Notwithstanding the provisions hereof, it is clarified that until all
the amounts payable hereunder have not been paid, the Company shall have a lien on the
Unit to which the Purchaser has no objection and hereby waives his right to raise any
objection in that regard.

7.3. The Purchaser hereby expressly agrees that so long as the Loan and the Total Consideration
remain unpaid/outstanding, the Purchaser subject to the terms hereof, shall not sell,
Transfer, let out and/or deal with the Unit in any manner whatsoever without

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 obtaining prior written permission of the Company and/or the relevant banks/financial
institutions which have advanced the Loan. The Company shall not be liable for any of the
acts of omission or commission of the Purchaser which are contrary to the terms and
conditions governing the Loan. It shall be the responsibility of the Purchaser to inform the
Ultimate Organisation about the lien/charge of such banks/financial institutions and the
Company shall not be liable or responsible for the same in any manner whatsoever.

7.4. The Purchaser indemnifies and hereby agrees to keep indemnified the Company and its
successors and assigns from and against all claims, costs, charges, expenses, damages
and losses which the Company and its successors and assigns may suffer or incur by reason
of any action that any bank/financial institution may initiate on account of the Loan or for the
recovery of the Loan or any part thereof or on account of any breach by the Purchaser of the
terms and conditions governing the Loan.

8. CAR PARKING

8.1. At the request of the Purchaser, the Company hereby permits the Purchaser to use the
number of Car Parking Spaces as set out in Annexure 6(Unit and Project Details) hereto
within the Project/Larger Property. The allocation of these spaces shall be at the sole
discretion of the Company and the Purchaser hereby agrees to the same. The Purchaser is
aware that the Company has in the like manner allocated/ shall be allocating other car
parking spaces to other purchasers of the units in the Building and in the Project and
undertakes not to raise any objection in that regard and the rights of the Purchaser to raise
any such objection shall be deemed to have been waived. The Purchaser hereby further
warrants and confirms that the Purchaser shall, upon formation of the Ultimate Organisation
and/or execution of conveyance, as contemplated herein, cause such Ultimate Organisation
to confirm and ratify and shall not permit the Ultimate Organisation to alter or change the
allocation of Car Parking Spaces in the manner allocated by the Company to the various
purchasers (including the Purchaser herein) of the units in the Building and the Project.

9. REGISTRATION

9.1. It shall be the responsibility of the Purchaser to immediately, after the execution of this
Agreement, at his own cost and expense, lodge the same for the registration with the relevant
Sub-Registrar of Assurances. The Purchaser shall forthwith inform the Company the serial
number under which the Agreement is lodged so as to enable the representative of the
Company to attend the office of the Sub Registrar of Assurances and admit execution
thereof. The Company may extend assistance/co-operation for the registration of this
Agreement, at the cost and expense of the Purchaser. However, the Company shall not be
responsible or liable for any delay or default in such registration.

10. POSSESSION

10.1. Subject to the Purchaser not being in breach of any of the terms hereof and the Purchaser
having paid all the dues and amounts hereunder including the Total Consideration, the
Company shall endeavor to provide the Unit to the Purchaser on or before the estimated
DOP set out at Annexure 6 (Unit and Project Details) with an additional grace period of 18
(eighteen) months and any further extension as may be applicable pursuant to Clause 10.4
(cumulatively referred to as the Extended DOP i.e. estimated DOP as set out at Annexure
6 (Unit and Project Details) + additional grace period of 18 (eighteen) months + further
extension as may be applicable pursuant to Clause 10.4).

10.2. The Purchaser shall make full payment of all amounts payable under this Agreement within
15 (fifteen) days of the Company intimating him, in writing, that the Unit is ready for
possession (Possession Demand Letter) and shall thereafter, take possession of the Unit.
In the event the Purchaser fails and, or, neglects to take possession of the Unit within 2 (two)
months from the date of the Possession Demand Letter, the Purchaser shall be liable to pay
demurrage charges to the Company at the rate of INR 10/- per square foot of Net Area per
month or part thereof from the expiry of the aforementioned 2 (two) month period till such
time the Purchaser takes the possession of the Unit. The amounts payable by the Purchaser
pursuant to this Clause 10.2 shall be in addition to the CAM Charges.

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 Notwithstanding the aforesaid, it shall be deemed that the Purchaser has taken possession
of the Unit on the expiry of the 2 months from the date of the Possession Demand Letter and
the Purchaser shall alone be responsible/liable in respect any loss or damage that may be
caused to the Unit after this date.

10.3. The Company shall obtain occupation certificate for the Unit (OC) (which shall also be
deemed to be the Completion Certificate, if required, under Applicable Law) at any time prior
to the Extended DOP. The OC may be for part or whole of the Building. Further, the Company
shall endeavor to make available the key Common Areas and Amenities in respect of the
Building within a period of 1 (one) year from the Extended DOP.

10.4. Notwithstanding any other provision of this Agreement, the Company shall, without being
liable to the Purchaser in any way including in respect of payment of Interest, be entitled to
reasonable extension of time for making available the Unit for possession or completion of
said Building if the same is delayed for reasons beyond the control of the Company including
on account of any of the following:

a. Any event of Force Majeure;

b. Riots / other civil disturbances;

c. Any notice, order, rule or notification of the Central or relevant State Government
and/or any other public or competent Authority or of the court which affects the
Building in which the Unit is located.

For the purposes of this Clause 10.4, a reasonable extension of time will, at the least, be
equivalent to the aggregate of the period of the subsistence of an event or events stipulated
in this Clause 10.4 and a 3 (three) month recommencement period.

11. TERMINATION

11.1. This Agreement is not terminable under any circumstances, save and except the specific
circumstances stated below. Both Parties have entered into this Agreement, knowing fully
well that the Total Consideration of the Unit may change (increase or decrease) in
accordance with the provisions of this Agreement and both Parties confirm that they shall
not seek to terminate this Agreement, under any pretext or guise, in order to benefit from
and, or, escape from the impact of such change the Total Consideration.

Company’s Right to Terminate

11.2. Company shall have right to terminate this Agreement only in the following circumstances:

11.2.1. Non-Payment: If the Purchaser is in default of any of his obligations under this Agreement,
including (but not limited to) making payment of all due amounts as per Schedule of Payment
set out at Annexure 6 (Unit and Project Details) (and Interest thereon, if any) within 14
(fourteen) days of the date of the demand letter, the Purchaser shall be deemed to be in
default. In the event of such default, the Company shall issue to the Purchaser notice of such
default and the Purchaser shall be provided with a further period of 14 (fourteen) days from
the date of such notice to cure the said default. In the event that the Purchaser fails to cure
such default within 14 (fourteen) days from the date of notice of such default (or such default
is not capable of being rectified), the Company shall have the option to terminate this
Agreement by sending a notice of termination by registered AD/ speed post (Company
Notice of Termination).

11.2.2. Attempt to Defame: The Purchaser agrees not to do or omit to do or cause to be done by
any party known to him any act, deed or thing or behave inappropriately or correspond or
communicate in a manner that would in any manner affect or prejudice or defame the
Building / Project / Larger Property or the Company or its representatives. In the event the
Purchaser does or omits to do any such act, deed or thing then the Company shall, without
prejudice to any other rights or remedies available in law, have the option to the terminate
this Agreement sending the Company Notice of Termination.

11.2.3. Prolonged Stoppage in Construction: In the event the construction of the wing or floor of the
Building in which the Unit is located has been stopped for a period of more than 1 (one)

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 year due to Applicable Law, the Company shall have the option to terminate this
Agreement sending the Company Notice of Termination.

Purchaser’s Right to Terminate:

11.3. Purchaser shall have right to terminate this Agreement only in the following circumstances:

11.3.1. Delay in possession beyond Extended DOP: Subject to the Purchaser having paid all the
amounts due and payable hereunder as per the timelines stated in Annexure 6(Unit and
Project Details), if the Company fails to offer possession of the Unit by Extended DOP, then:

a. Within 30 (thirty) days of expiry of Extended DOP, the Company shall inform the
Purchaser the revised date by which the Unit is likely to be ready for being offered
for possession. On receipt of such written intimation, unless the Purchaser elects to
terminate this Agreement in terms of Clause b) the DOP mentioned in Annexure 6
(Unit and Project Details) shall stand revised to and substituted by revised date
communicated by the Company. The Company shall credit Interest to the Purchaser
for the period between the Extended DOP and the date on which possession is finally
offered to the Purchaser; or

b. Within 30 days from expiry of Extended DOP, the Purchaser may by giving notice in
writing in the form set out in Annexure 8 (Purchaser Notice of Termination) elect to
terminate this Agreement (Purchaser Notice of Termination). Where the
Purchaser Notice of Termination is not received by the Company within the
aforementioned period of 30 (thirty) days from expiry of the Extended DOP, the
Purchaser shall be deemed to have elected to proceed in accordance and pursuant
to the provisions of Clause 11.3.1(a).

11.4. Consequences of Termination and Payment of Refund Amount

11.4.1. On a termination of this Agreement by either Party in accordance with the provisions of this
Clause 11, the booking / allotment of the Unit shall stand immediately terminated and the
Purchaser shall have no right whatsoever with respect to the Unit, save and except the right
to receive the Refund Amount in accordance with Clause 11.4.2.

11.4.2. Pursuant to the termination of this Agreement, the Refund Amount shall be deemed to be
due and payable to the Purchaser at the end of 12 months from the date of receipt of: (i) the
Company Notice of Termination by the Purchaser; or (ii) the Purchaser Notice of Termination
by the Company, as the case may be, and shall be paid by the Company to the Purchaser
only on the registration of a Deed of Cancellation of this Agreement.

12. DEFECT LIABILITY

12.1. If, during a period of 60 (sixty) months from the Date of Offer of Possession, the Purchaser
brings to the notice of the Company any Structural Defect in the Unit or in the material used
therein (excluding wear and tear and misuse), wherever possible, such defects (unless
caused by or attributable to the Purchaser) shall be rectified by the Company at its own costs.
In the case it is not possible to rectify such defects, then the Purchaser shall be entitled to
receive reasonable compensation from the Company for rectifying such defects, based on
the estimated cost of rectifying such defects as determined by the Project Architect of the
Company. Notwithstanding anything stated in this Clause 12 or elsewhere in this Agreement,
the Company shall not be in any way liable to repair or provide compensation for Structural
Defects as set out in this Clause 12 where the Purchaser has made any structural changes
in the Unit or in the materials used thereon.

13. SET OFF / ADJUSTMENT

13.1. The Purchaser hereby grants to the Company the unequivocal and irrevocable consent to
recover / set off / adjust the amounts payable by the Purchaser to the Company including
the Total Consideration, Interest and/or Liquidated Damages against any other amounts
payable by the Purchaser to the Company or by the Company to the Purchaser pursuant to
this Agreement and in relation to the Unit. The Purchaser agrees and undertakes not to

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 raise any objection or make any claims with regard to such adjustment / set off and the
claims, if any, of the Purchaser, in that regard, shall be deemed to have been waived.

14. ULTIMATE ORGANISATION

14.1. The Purchaser along with other purchasers of units in the Building shall join in forming and
registering the Ultimate Organisation in respect of the Building. The Ultimate Organisation
shall be known by such name as the Company may in its sole discretion decide for this
purpose. The Purchaser and other unit holders in the Building shall, from time to time, duly
fill in, sign and execute the application for registration and other papers and documents
necessary for the formation and registration of Ultimate Organisation and return the same to
the Company within 7 (seven) days from receipt thereof so as to enable the Company to
register the Ultimate Organisation.

14.2. Where the Project consists of more than one building, separate ultimate Organisations may
be formed in respect of each building. The Company will apply for the registration of the
Federation consisting of all such ultimate organisations after the occupancy certificate has
been received for all buildings which form part of the Project. The Purchaser and other
members of the Ultimate Organisation(s) shall from time to time, duly fill in, sign and execute
the application for registration and other papers and documents necessary for the formation
and registration of Federation and return the same to the Company within 7 (seven) days
from receipt thereof so as to enable the Company to register the Federation.

14.3. Within 18 months from the date of occupation certificate in respect of the Building, the
Company shall execute a Deed of Conveyance in favour of the Ultimate Organisation
(Building Conveyance) in respect of the structure of the Building along with the FSI
consumed in the Building subject to the right of the Company(i) to dispose of unsold units, if
any and receive the entire consideration amount and outstanding dues from the purchasers;
and (ii) to consume the entire balance FSI, balance TDR and any additional future increase
in FSI and TDR, additional FSI due to change in law or policies of any Authority on the Larger
Property; and (iii) to use all internal roads and all the facilities, amenities and services for
such future and/or ongoing development or otherwise.

14.4. Within 18 months from the receipt of the occupation certificate for the last building within the
Larger Property, the Company shall execute a Deed of Conveyance in favour of the
Federation (Federation Conveyance) in respect of all of the Company‟s right, title and
interest in the Larger Property subject to and excluding the Building Conveyance and also
subject to (i) the right of the Company (i) to dispose of unsold units, if any; and receive of the
entire consideration amount and outstanding dues from the purchasers; and (ii) to consume
the entire balance FSI, balance TDR and any additional future increase in FSI and TDR,
additional FSI due to change in law or policies of any Authority on the Project / Larger
Property; and (iii) to use all internal roads and all the facilities, amenities and services for
such future and/or ongoing development or otherwise.

14.5. The Purchaser hereby agrees and undertakes that the Purchaser along with other unit
holders in the Ultimate Organisation/ Federation shall be liable to pay all out of pocket
expenses including stamp duty, registration charges, legal fees and all other applicable
levies and Taxes, administrative expenses on the Building Conveyance and Federation
Conveyance or any kind of document whereby ownership rights of the Building/ Larger
Property are transferred to the Ultimate Organisation/Federation.

14.6. It is further clarified that save and except the rights agreed to be conferred upon the
Purchaser and/or the Ultimate Organisation and/or the Federation, no other rights are
contemplated or intended or agreed to be conferred upon the Purchaser or the Ultimate
Organisation or the Federation, in respect of the Unit/ Building/ Larger Property and in this
regard the Purchaser for himself and the Ultimate Organisation/Federation, waives all his
rights and claims and undertakes not to claim and cause the Ultimate
Organisation/Federation not to claim any such right in respect of the Building/ Larger
Property.

14.7. The Company hereby agrees that it shall, before execution of Building Conveyance/
Federation Conveyance as contemplated herein, make full and true disclosure of the

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 nature of its title to the Larger Property as well as encumbrances and/or claims, if any in/over
the Larger Property. The Company shall, as far as practicable, ensure that at the time of
such conveyance in favour of the Ultimate Organisation/Federation, the Larger Property is
free from encumbrances.

15. FACILITY MANAGEMENT COMPANY, CAM CHARGES, MAINTENANCE RELATED

AMOUNTS AND CLUB

15.1. The Purchaser is aware and agrees that the Building and maintenance and upkeep of the
Common Areas and Amenities of the Building/ Project shall be managed by a facility
management company (FMC). The FMC will be appointed by the Company for a period of
upto 60 (sixty) months commencing from the date on which the last unit in the Building is
offered for possession in consideration of reimbursement of all direct costs (including all
manpower and overhead costs) incurred along with a margin of 20 per cent margin on such
costs and all applicable Taxes. The Purchaser along with the other purchasers in the Building
shall undertake and cause the Ultimate Organisation to ratify the appointment of the FMC as
aforesaid. On the expiry of the 60 (sixty) month period, the Ultimate Organisation / Federation
may appoint the FMC for a further term or choose to appoint any other facility management
company.

15.2. The FMC shall be entitled to end its services by giving an advance written notice of 6 (six)
months to the Ultimate Organisation in the event:

a. the period of FMC‟s appointment has not been renewed at least 6 (six) months
before expiry thereof; or

b. the BCAM Charges and FCAM charges as applicable, have not been paid by 100
per cent of the unit purchasers at the due date (with a grace period of 30 days).

15.3. Notwithstanding anything stated elsewhere in this Agreement, the Ultimate Organisation
shall also be entitled to end the services of the FMC with advance written notice of 6 (six)
months if such termination has the written consent of 100 per cent of the unit purchasers of
the Building.

15.4. The Purchaser agrees and undertakes to cause the Ultimate Organisation to be bound by
the rules and regulations that may be framed by the FMC.

CAM Charges and Maintenance Related Amounts

15.5. The costs related to the upkeep and maintenance of the Building / Project / Larger Property
shall be to the account of and jointly borne by the relevant unit purchasers proportionate to
the Net Area of each unit and are payable as the BCAM Charges and FCAM Charges
(collectively, the CAM Charges) as set out at Annexure 6 (Unit and Project Details). The
CAM charges shall not include: (i) the cost associated with diesel (or any other fuel)
consumption, water consumption and electricity/HVAC consumption within the Unit which
shall be payable by the Purchaser on monthly basis based on actuals and (ii) Property Taxes.

15.6. The Purchaser shall be obliged to pay the same in advance on/before the 1st day of each
quarter. The FMC shall provide reconciliation of the expenses towards CAM charges
on/before 30th June after the end of the relevant financial year and the Parties hereto
covenant that any credit/debit thereto shall be settled on/before 30th August.

15.7. For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence
from the CAM Commencement Date, regardless of whether the Purchaser takes such
possession or not.

15.8. The Purchaser is aware that the CAM charges stated hereinabove are provisional and based
on estimates at the time of sales launch of the development. The said amount is subject to
inflation increases as per market factors (currently estimated @ 7.5 to 10 per cent per
annum). Further, these charges are subject to the revision every 12 months after the Date
of Offer of Possession by 7.5 to 10 per cent per annum. In case the increase is to

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 be higher than this amount, the same will have to be mutually agreed between the
Purchaser and the FMC.

15.9. The Purchaser undertakes to make payment of the estimated BCAM charges and FCAM
charges for the period stated in in Annexure 6 (Unit and Project Details) from the CAM
Commencement Date on or before the Date of Offer of Possession.

15.10. Where units in the Building remain unsold after the expiry of 6 months from the date of the
OC, the CAM Charges payable in respect of such units after the expiry of the aforementioned
6 months period shall be borne and paid by the Company.

15.11. All Maintenance Related Amounts stated in Annexure 6 (Unit and Project Details) are
compulsorily payable by the Purchaser in the future upon demand being raised by the
Company/Ultimate Organisation, regardless of whether the Purchaser uses some of the
facilities or not. Any delay or default in payment of the amounts under this Clause 15.5 shall
constitute a breach of the terms of this Agreement and shall lead to suspension of access to
the Club and all other facilities provided by the Company/Ultimate Organisation till such time
all due amounts are paid together with Interest for the period of delay in payment.

15.12. The Company shall provide expense details only in connection of Maintenance Related
Amounts (excluding Building Protection Deposit) at the time of handover of the affairs of the
Building to the Ultimate Organisation and shall not provide expense details for any other
head.

Club and Other Key Common Areas

15.13. The number of members of the Purchaser who are permitted to use the Club and/ or other
common areas of recreational / food & beverage / commercial use is set out at Annexure 6
(Unit and Project Details). For any additional memberships, the same shall be permitted only
if they are full-time members of the Unit and on payment of fees as may be decided by the
FMC from time to time. Similarly, the guests of the Purchaser may be permitted to use the
Club subject to the rules and regulations of the FMC and payment of guest charges, if any
as determined by the FMC. The terms and conditions with respect to the operation of the
Club and membership of the Club will be subject to the terms and conditions/rules as may
be framed and/or charges that may be levied by the FMC from time to time and the Purchaser
confirms and agrees to be bound by and abide by the terms and conditions and undertakes
not to raise any objections in this regard.

15.14. The right to use the facilities at the Club shall be personal to the Purchaser of the Unit in the
Building and shall not be transferable in any manner to any third person or party whatsoever,
save and except to the transferee of the Unit upon the sale / Transfer of the Unit by the
Purchaser. In the event, the Unit in the Building is sold/ transferred by the Purchaser, then
the Purchaser along with his family members being the associate members of the Club, shall
cease to be members of the Club, as the case may be and in turn, the membership (and all
rights and obligations thereto) shall be transferred to the transferee/ new owners of the Unit,
upon them making application for the same and agreeing to abide by the terms, rules and
regulations of the Club and/ or the FMC. It is, however, clarified that the Company/FMC shall
be entitled to grant membership rights to such other person(s) as they may deem fit and the
Purchaser shall not be entitled to object to the same.

15.15. The Purchaser is aware that the Company seeks to provide a superior quality of services
and facilities for its residents and for such purpose, the Company has/shall enter into
agreements with various third parties/operators (Service Providers) in relation to the
operation of certain facilities/amenities which are located in constructed spaces that have
not been counted in FSI (FSI Free Constructed Spaces) by the concerned authorities on
account of such spaces so as to facilitate the recreation/comfort of the purchasers. The terms
of such arrangements shall be binding on the Purchaser and the Ultimate Organisation,
subject to the following restrictions:

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 a. Such FSI Free Constructed Spaces cannot be sold. The tenure for use of such FSI
Free Constructed Spaces by the Service Providers shall not exceed 15 (fifteen)
years.

b. Upon formation of the Ultimate Organisation, the Ultimate Organisation shall have
ownership of such FSI Free Constructed Spaces, subject to the other terms and
conditions of the arrangements with the Service Providers.

c. Any external members of such facility shall abide by the security, dress and
behavioral guidelines that would apply to the residents of the Building.

15.16. The Purchaser is aware that the Company is not in the business of or providing services
proposed to be provided by the Service Providers/FMC or through the Service
Providers/FMC. The Company does not warrant or guarantee the use, performance or
otherwise of these services provided by the respective Service Providers/FMC. The Parties
hereto agree that the Company is not and shall not be responsible or liable in connection
with any defect or the performance/non-performance or otherwise of these services provided
by the respective Service Providers/FMC.

16. PROPERTY TAXES AND LAND UNDER CONSTRUCTION REIMBURSEMENT

CHARGES

16.1. Property Tax, as determined from time to time, shall be borne and paid by the Purchaser on
and from the CAM Commencement Date, separately from any of other consideration / levy
/ charge/ CAM Charges, etc. The said amount shall be paid by the Purchaser on or before
30th April of each financial year, based on the estimate provided by the FMC, which shall be
provided on or before 15th April of the relevant financial year.

16.2. The Purchaser undertakes to make payment of the estimated Property Tax for the period
stated in in Annexure 6 (Unit and Project Details) simultaneously with the CAM Charges
becoming payable as per the terms stated herein.

16.3. In the event of a shortfall between the amount deposited with the Company by the
purchasers towards Property Tax and the demand raised by the authorities (Shortfall
Amount), the Company shall inform the purchasers of such shortfall and the purchasers
shall be liable to ensure that the same is paid to the Company within 15 (fifteen) days of
receipt of intimation from the Company, failing which the Purchaser shall be liable to pay
interest as levied by the concerned Authorities together with late payment charge amounting
to 5 per cent of the Shortfall Amount or such part of the Shortfall Amount remaining unpaid.
The Company shall not be responsible for any penalty/delay/action on account of such
Shortfall Amount and the same shall entirely be to the account of the purchasers.

16.4. In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities,
the same shall be handed over to the Ultimate Organisation at time of handover of the affairs
of the Ultimate Organisation to the purchasers.

16.5. If the Property Tax demand comes directly in the name of the Purchaser, the amount paid
by the Purchaser to the Company towards Property Tax shall be refunded to the Purchaser
within 15 (fifteen) days of the Company being informed by the Purchaser that such demand
has been raised.

16.6. The Property Tax for any unsold units in the Building after the formation of the Ultimate
Organization, shall be payable by the Company as charged by the competent Authorities, till
such unsold units are sold.

16.7. The Purchaser undertakes to pay to the Company, on or before the Date of Offer of
Possession, the LUC for the period of start of construction till the Date of Offer of Possession
as specified at Annexure 6 (Unit and Project Details). The Purchaser is aware that the LUC
stated herein is provisional and in case the amount is higher than this amount, the Purchaser
shall pay such increased amount as specified by the Company.

17. BUILDING PROTECTION DEPOSIT

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17.1. The Purchaser shall, on or before the Date of Offer of Possession, pay to the Company, the
Building Protection Deposit set out in Annexure 6 (Unit and Project Details) hereto.

17.2. The Building Protection Deposit shall be returned to the Purchaser after completion of fit-
out / interior work by the Purchaser and subject to the possession policy and permissible
changes policy of the Company.

17.3. The Purchaser hereto agrees and acknowledges that, in order to claim the return of the said
Building Protection Deposit, the Purchaser shall notify the Company about completion of all
fit-out or interior works in the Unit. On receiving this notification, the Company
representatives/ nominees shall inspect the Unit, its immediate vicinity and attached
Common Areas and Amenities like lift lobbies, etc. for compliance with possession policy
and policy on permissible changes. If all changes made by the Purchaser are in adherence
to permissible changes policy then the Building Protection Deposit shall be returned.

17.4. In the event any violations are observed by the Company‟s representatives/ nominees then
same shall be intimated to the Purchaser and the Purchaser shall get the same rectified
within 15 (fifteen) days from the date of the said intimation at his cost and risk. In the event
the Purchaser fails to do the same, then the Company shall get the same rectified at cost
and risk of the Purchaser. The Purchaser shall be solely responsible for all costs incurred in
this regard, which shall be recovered from the Building Protection Deposit.

17.5. The Company /FMC shall be entitled to date the said cheque and deposit the same for
recovery of the amount the Purchaser shall ensure that sufficient balance is maintained in
the account and shall not close the said bank account or issue any instructions for stop
payment, etc. The Purchaser hereto provides unconditional and irrevocable consent to the
Company to insert date on the cheque, as per its sole discretion and the Purchaser has no
objection to the same and waives all his rights to raise any objection in future. Further, in
case any excess amounts are to be recovered from the Purchaser, the Company /FMC shall
raise bills/invoices on the Purchaser and the Purchaser undertakes to pay the same within
15 (fifteen) days from the date of such invoice. In case the Purchaser refrains from paying
the additional amount, the same shall be adjusted from the CAM charges duly paid by the
Purchaser and shall be reflected as arrears and shall be claimed from the Purchaser by the
Ultimate Organisation, at the time same is formed.

18. INDIRECT TAXES AND LEVIES

18.1. The Purchaser agrees that all levies, charges, cess, Indirect Taxes, assignments of any
nature whatsoever (present or future)in respect of the Unit or otherwise shall be solely and
exclusively borne and paid by the Purchaser. All Direct Taxes in respect of profit (if any)
earned form the development and sale to the Purchaser of the Unit shall be borne by
Company.

19. INTEREST

19.1. The Purchaser agrees to pay to the Company, Interest (as defined at Clause 1.31) on all the
amounts including the Total Consideration or any part thereof payable by the Purchaser to
the Company under the terms of this Agreement from the date the said amount becoming
due and payable by the Purchaser to the Company i.e. 14 (fourteen) days from the date the
Company raises demand for the payment of such instalment, till the date of realization of
such payment. The Purchaser confirms that the payment of Interest by the Purchaser shall
be without prejudice to the other rights and remedies of the Company and shall not constitute
a waiver of the same by the Company, unless specifically provided by the Company in
writing.

20. PURCHASER’S COVENANTS

20.1. The Purchaser, for himself and with the intention to bring all persons into whosoever hands
the Unit may come, hereby covenants and undertakes:

a. To maintain the Unit at the Purchaser‟s own cost in good tenantable repair and
proper condition from the Date of Offer of Possession and shall not do or suffer to
be done anything in or to the Building against the rules, regulations or bye-laws of

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 the Ultimate Organisation / Federation or concerned local or any other Authority or
change / alter or make addition in or to the Unit or the Building or any part thereof
and shall:

(i) Not carry out any additions or alterations in the Unit and, or, Building which
affect the structure, façade and/or services of the units/wing (including but
not limited to not making any change or to alter the windows and/or grills
provided by the Company);

(ii) Not make any changes to the common area/lobby and structural changes in
the Building;

(iii) Not relocate brick walls onto any location which does not have a beam to
support the brick wall;

(iv) Not change the location of the plumbing or electrical lines (except internal
extensions);

(v) Not change the location of the wet/waterproofed areas;

(vi) Not make any alteration in the elevation and outside color scheme of the
Building;

(vii) Not chisel or in any other manner damage or cause damage to columns,
beams, walls, slabs or RCC, Pardis or other structural elements in the Unit
without the prior written permission of the Company and/or the Ultimate
Organisation;

(viii) Not to put any wire, pipe, grill, plant, outside the windows of the Unit to inter
alia dry any clothes or put any articles outside the Unit or the windows of the
Unit or any storage in any area which is visible from the external facade of
the Building, save and except the utility area (if applicable); and

(ix) Keep the sewers, drains pipes in the Unit and appurtenant thereto in good
tenantable repair and condition, and in particular so as to support shelter
and protect the other parts of the Building.

b. The Purchaser agrees to comply with the possession policy and the permissible
changes policy of the Company as amended from time to time.

c. The Purchaser shall ensure and cause the Ultimate Organisation to ensure that the
Building is painted once every 5 years from the Date of Offer of Possession and kept
in good and proper condition.

d. The Purchaser shall not store any goods which are of hazardous, combustible or of
dangerous nature in the Unit, other than cooking gas, which may damage the
construction or structure of the Building or the storage of which is objected to by the
concerned local or other Authority or the Ultimate Organisation / Federation;

e. The Purchaser shall not carry or cause to be carried heavy packages on upper floors
which may damage or is likely to damage the staircases, common passages or any
other structure of the Building, including entrances of the Building. In case any
damage is caused to the Building on account of negligence or default of the
Purchaser in this behalf, the Purchaser shall be liable for the consequences of such
breach.

f. The Purchaser agrees and undertakes to cause the Ultimate Organisation to ratify
and confirm that the name of the Building and/or Ultimate Organisation shall not be
changed without the prior written consent of the Company.

g. The Purchaser shall not allow the Unit to be used for user different from the nature
of the user that it is intended for use by the Company i.e. residential units shall be
used for residential use only, office units for office use only, retail units for retail use

Page18
 only etc. No residential unit shall be used for commercial use or use as guest
house by whatsoever name.

h. The Purchaser shall use the Car Parking Space only for purpose of parking the
Purchaser‟s own vehicles.

i. The Purchaser shall ensure that the key common areas of the Building viz. entrance
lobby, garden & play areas, temple (if applicable) are maintained to the highest
standards with regular cleaning and maintenance. The Purchaser shall further
ensure that refurnishing / major overhaul is done every 5 years, starting from Date
of Offer of Possession.

j. Not to put any claim in respect of the restricted amenities including open spaces,
any space available for hoardings, gardens attached to other units or terraces and
the same are retained by the Company as restricted amenities. The Purchaser is
aware that certain parts of the Building shall be allocated for exclusive use of certain
users/residents. The price of the Unit has been determined taking this into
consideration and the Purchaser waives his right to raise any dispute in this regard.

k. To pay to the Company within 7 (seven) days of demand by the Company its share
of security deposit demanded by concerned local authority or government for giving
water, electricity or any other service connection to the Building in which the Unit is
situated.

l. To pay to the Company within 7 (seven) days of demand by the Company, his share
of HVAC and diesel consumption charges in the Unit which will be calculated on a
pro-rata basis.

m. To clear and pay increase in Taxes, development charges, water charges, insurance
and such other fees, levies, if any, which are imposed by any Authority, on account
of change of user of the Unit by the Purchaser viz, user for any purposes other than
for residential or otherwise.

n. In the event the electric meter of the Unit has not been installed by the Date of Offer
of Possession, the Company shall be obliged to provide power supply to the Unit.
The power supply will be in line with the supply generally provided by the electricity
distribution company in that area with regard to the duration and voltage. The
Purchaser shall pay a fixed monthly sum as set out at Annexure 6 (Unit and Project
Details) as provisional electricity charges to the Company for providing this supply.
The Purchaser undertakes to make payment in advance of the provisional electricity
charges for the first 4 (four) months from the Date of Offer of Possession. In the
event the electric meter of the Unit is not installed within the aforesaid period of 4
months, then the Purchaser undertakes to pay the provisional electricity charges till
installation of the electric meter for the Unit.

o. The Purchaser shall not sell, lease, let, sub-let, Transfer, assign or part with
Purchaser‟s interest or benefit under this Agreement or part with the possession of
the Unit till such time that the OC is received and all the amounts payable by the
Purchaser are paid in full and the Purchaser is not in breach of any of the terms and
conditions of this Agreement. Any sale/Transfer of the Unit after this time shall
require written approval from the Ultimate Organisation (and till such time that the
Ultimate Organisation is formed, of the Company) to ensure that the inherent nature
of the society is not compromised by bringing in any member who does not subscribe
to the guidelines and/or objectives of the Ultimate Organisation. Any document for
sale/Transfer/lease etc. which is entered into without obtaining written approval of
the Ultimate Organisation (and till such time that the Ultimate Organisation is formed,
of the Company) shall not be valid and not binding on the Company.

p. The Purchaser agrees and acknowledges that the sample unit constructed by the
Company and all furniture‟s, items, electronic goods, amenities etc. provided
thereon are only for the purpose of show casing the unit and the Company is not

Page19
 liable/required to provide any furniture, items, electronic goods, amenities, etc. as
displayed in the sample unit, other than as expressly agreed by the Company under
this Agreement.

q. The Purchaser confirms that this Agreement is the binding arrangement between the
Parties and overrides any other written and, or, oral understanding, including but not
limited to the application form, allotment letter, brochure or electronic communication
of any form.

r. Until a Building Conveyance/Federation Conveyance in favour of the Ultimate

Organisation/Federation is executed and the entire Project is declared by the
Company as completed, the Purchaser shall permit the Company and their
surveyors and agents, with or without workmen and others, at all reasonable times
to enter into and upon the Unit / Building/ Project / Larger Property and, or, any part
thereof to view and examine the state and condition thereof.

s. The Purchaser agrees and undertakes to not, in any manner, impede and to prevent,
to the best of his ability, all other purchasers of units in the Building and, or, Project
from impeding, the ability of the Company or its representatives to enter into the
Building and, or, the Project and, or, the Larger Property (or any part thereof) for the
purposes of showing any unsold units to prospective purchasers or brokers and, or,
showing the Building / Project to investors or other 3rd parties and, or, in general for
any marketing, promotional, photographic or other legitimate purpose of the
Company. In case the Purchaser, directly or indirectly, breaches this undertaking,
he shall be liable to pay to the Company an amount equal to 0.5 per cent of the Total
Consideration of the Unit for every day that any such breach continues within 15
days from the receipt of a written notice from the Company in this regard and the
Company shall have a lien over the Unit for such amount till the payment in full.

t. The Purchaser agrees and acknowledges (and the Purchaser shall cause the
Ultimate Organisation to agree and ratify) that the Company shall have the
unconditional and irrevocable right to sell, transfer, lease, encumber and/or create
any right, title or interest in the unsold units without any consent/no-objection of any
nature whatsoever in this regard from and payment of any transfer fees to the
Ultimate Organisation and such purchaser of such unsold unit/s shall deemed to be
a member of the Ultimate Organisation. Where consents and, or, permissions may
be required from the Ultimate Organisation pursuant to Applicable Law (illustratively,
for electricity), the Purchaser shall cause the Ultimate Organisation to issue such
consents and, or, permissions forthwith on request.

u. The Purchaser agrees and acknowledges that it shall forthwith admit any purchasers
of units in the Building / Project and shall forthwith issue share certificates and other
necessary documents in favour of such purchasers, without raising any dispute or
objection to the same, and without charging/recovering from them any fees, donation
or any other amount of whatsoever nature in respect thereof. Further, it is hereby
agreed that the purchaser/lessees/occupants of these unsold unit/s shall enjoy and
shall be entitled to enjoy all rights and privileges with respect to the use of the
Common Areas and Amenities and facilities at par with any other member of the
Ultimate Organisation/Federation. In the event of a violation or breach of the
covenants at Sub-Clause 20(t) and (u), the Purchaser will be liable to pay an amount
equivalent to 1 per cent of the Total Consideration of the Unit being sold for each
month of delay caused.

v. The Purchaser hereto agrees and acknowledges that at the time of handover of the
Ultimate Organisation, the Company shall earmark certain parking spaces for use
by such unsold units and the Purchaser hereby agrees and shall cause the Ultimate
Organisation to ensure that these car parking spaces are kept available for use by
the purchasers/occupants of the unsold units.

Page20
 w. The Purchaser is aware that in order to ensure safety of the workmen and the
Purchaser, the Purchaser shall not be allowed to visit the site during the time that
the Building is under construction. The Company shall provide photographic updates
of the construction progress (quarterly or half-yearly basis). The Purchaser shall be
given the opportunity for inspecting the Unit only after making payment of the Total
Consideration.

x. Upon and after handover of the management of the Building to the Ultimate
Organisation, the Ultimate Organisation (and its members) will be responsible for
fulfilment of all obligations and responsibilities in relation to approvals / permissions
as may be required by the concerned Authorities from time to time.

y. The Purchaser, if resident outside India, shall solely be responsible for complying
with the necessary formalities as laid down in Foreign Exchange Management Act,
1999 (FEMA), Reserve Bank of India Act and Rules made thereunder or any
statutory amendment(s) / modification(s) made thereof and all other applicable laws
including that of remittance of payment, acquisition/sale/transfer of immovable
properties in India, etc. and provide the Company with such permission, approvals
which would enable the Company to fulfill its obligations under this Agreement. Any
refund, transfer of security, if provided in terms of the Agreement shall be made in
accordance with the provisions of FEMA or statutory enactments or amendments
thereof and the Rules and Regulations of the Reserve Bank of India or any other
Applicable Law. The Purchaser understands and agrees that in the event of any
failure on his part to comply with the applicable guidelines issued by the Reserve
Bank of India, he shall be liable for action under the FEMA as amended from time to
time. The Company accepts no responsibility/liability in this regard. The Purchaser
shall keep the Company fully indemnified and harmless in this regard. Whenever
there is any change in the residential status of the Purchaser subsequent to the
signing of this Agreement, it shall be the sole responsibility of the Purchaser to
intimate the same in writing to the Company immediately and comply with necessary
formalities if any under the applicable laws. The Company shall not be responsible
towards any third party making payment/remittances on behalf of any Purchaser and
such third party shall not have any right in the application/allotment of the said Unit
applied for herein in any way and the Company shall be issuing the payment receipts
in favour of the Purchaser only.

z. The Purchaser is aware that various purchasers have chosen to buy unit(s) in the
development with the assurance that the conduct of all users of the development
shall be appropriate and in line with high standards of social behavior. Similarly, the
Company has agreed to sell this Unit to the Purchaser on the premise that the
Purchaser shall conduct himself in a reasonable manner and shall not cause any
damage to the reputation of or bring disrepute to or cause nuisance to any of the
other purchasers in the project and/or the Company and/or the development. Any
Purchaser who indulges in any action which does not meet such standards shall be
construed to be in default of his obligations under this Agreement.

aa. The Purchaser undertakes to observe all other stipulations and rules which are provided
herein in order to enable the Building/wing to be well maintained and enable all
purchasers/members to enjoy the usage of these areas as originally designed.

21. SPECIAL CONDITIONS

21.1. The Parties agree to adhere to the conditions set out in Annexure 9 (Special Conditions)
and agree that these conditions shall prevail over any other conflicting provision of this
document.

22. MISCELLANEOUS

22.1. Nothing contained in this Agreement is intended to be or shall be construed as a grant,

demise or assignment in law of the Building, Project or Larger Property or any part thereof.

Page21
22.2. All notices to be served on the Company and/or the Purchaser shall be deemed to have
been duly served if sent by Registered Post A.D. / Under Certification of Posting / standard
mail or courier at the address set out at Annexure 6 (Unit and Project Details).Electronic
communication (eg. Email) shall not be deemed to be valid form of communication, save and
except in case of intimation of demand for payment installment being due and receipt for
payment thereto.

22.3. The Parties agree that unless a Party informs the other Party in writing about a change in
address/email ID, the address/email ID available at the time of this Agreement shall be
deemed to be the valid address/email ID for all communication.

22.4. Any correspondence from the Purchaser should carry the customer ID quoted in Annexure
6 (Unit and Project Details) hereto in the subject line in following manner “CI: xxxxxxx”. Any
correspondence not mentioning the customer ID shall be deemed to be non-est/null and
void.

23. DISPUTE RESOLUTION AND GOVERNING LAW

23.1. If any dispute or difference arises between the Parties at any time relating to the construction
or interpretation of this Agreement or any term or provision hereof or the respective rights,
duties or liabilities of either Party hereunder, then the aggrieved Party shall notify the other
Party in writing thereof, and the Parties shall endeavor to resolve the same by mutual
discussions and Agreement.

23.2. If the dispute or difference cannot be resolved within a period of 7 (seven) days, from the
notice by the aggrieved Party under Sub-Clause 23.1 above, then the dispute shall be
referred to arbitration to be conducted in accordance with the provisions of the Arbitration
and Conciliation Act, 1996 or any other statutory modifications or replacement thereof. All
arbitration proceedings will be in the English language and the venue and seat of the
arbitration will be Mumbai. The arbitration shall be conducted by a sole arbitrator who shall
be appointed by the Company (Arbitrator).

23.3. The decision of the Arbitrator shall be in writing and shall be final and binding on the Parties.
The arbitral award may include costs, including reasonable attorney fees and
disbursements. Judgment upon the award may be entered by the Courts in Mumbai.

23.4. This Agreement and rights and obligations of the Parties shall remain in full force and effect
pending the Award in any arbitration proceeding hereunder.

23.5. This Agreement shall be governed and interpreted by and construed in accordance with the
laws of India. The courts at Mumbai alone shall have exclusive jurisdiction over all matters
arising out of or relating to this Agreement.

24. SEVERABILITY

24.1. If at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable
in any respect under Applicable Law that shall not affect or impair the legality, validity or
enforceability of any other provision of this Agreement and all other provisions of the
Agreement shall survive.

24.2. The Parties shall negotiate in good faith to replace such unenforceable provisions so as to
give effect nearest the provision being replaced, and that preserves the Party‟s commercial
interests under this Agreement.

25. WAIVER

25.1. Any delay tolerated or indulgence shown by the Company in enforcing any of the terms of
this Agreement or any forbearance or extension of time for payment of instalment to the
Purchaser by the Company shall not be construed as waiver on the part of the Company of
any breach or non-compliance of any of the terms and conditions of this Agreement by the
Purchaser nor the same shall in any manner prejudice or affect the rights of the Company.

26. ENTIRE AGREEMENT

Page22
26.1. The Parties agree that the Agreement, schedules, annexures and exhibits and any
amendments thereto, constitute the entire understanding between the Parties concerning
the subject matter hereof. The terms and conditions of this Agreement overrides,
supersedes, cancels any prior oral or written all agreements, negotiations, commitments,
writings, discussions, representations and warranties made by the Company in any
documents, brochures, advertisements, hoardings, etc. and/or through any other medium
hereinbefore agreed upon between the Company and the Purchaser which may in any
manner be inconsistent with what is stated herein. This Agreement shall not be amended or
modified except by a writing signed by both the Parties.

27. CONFIDENTIALITY

27.1. The Parties hereto agree that all the information, documents etc. exchanged to date and
which may be exchanged including the contents of this Agreement and any documents
executed in pursuance thereof (Confidential Information) is confidential and proprietary
and shall not be disclosed, reproduced, copied, disclosed to any third party without the prior
written consent of the other Party. The confidentiality obligations under this Clause shall
survive even after handing over of the Unit and is legally binding on the Parties and shall
always be in full force and effect.

27.2. Either Party shall not make any public announcement regarding this Agreement without prior
consent of the other Party.

27.3. Nothing contained hereinabove shall apply to any disclosure of Confidential Information if:

a. such disclosure is required by law or requested by any statutory or regulatory or

judicial/quasi-judicial authority or recognized self-regulating Organisation or other
recognized investment exchange having jurisdiction over the Parties; or

b. such disclosure is required in connection with any litigation; or

c. such information has entered the public domain other than by a breach of the
Agreement.

Page23
IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their respective
hands and seals on the day and year first hereinabove written.

SIGNED AND DELIVERED )

By the Company within named )

through the hands of Constituted Attorney )

Mr. )

authorised vide Power of Attorney )

dated )

In the presence of: )

1. )

2. )

SIGNED AND DELIVERED )

By the within named Purchaser )

Shri/Smt. )

In the presence of: )

1. )

2. )

Page24
 Annexure 1

(Description of Larger Property)

Plot No. Block-C

Land use of the Plot (C1-Zone)

Plot Area in sq. mt. 92,600 sq. mtr.

Lease Period 65 years

lying being and situated in Cadastral Survey no. 8 of Village Salt Pan, Mumbai City district.

Page25
 Annexure 2

(Chain of Title)

A. By an Agreement to Lease dated 1st August, 2011 executed between MMRDA, therein
referred to as „the Licensor/ the Authority‟ of the one part and Lodha Crown Buildmart Private
Limited (LCBPL), therein referred to as „the Licensee‟ of the Other part, MMRDA granted
license and authority to LCBPL to enter upon the said Larger Property for the purpose of
carrying out development of the same by erecting building/s thereon and further agreed to
grant lease of the said Larger Property for the term of 65 years subject to compliance of the
terms, covenants and conditions set out therein.

B. In view of the aforesaid, LCBPL i.e. the Company herein is entitled to enter upon the said
Larger Property and develop the Building and sell the units therein subject to the terms and
conditions of the aforesaid Agreement to Lease dated 1st August 2011 and the NOCs and
approvals to be issued by the MMRDA.

C. The name of LCBPL has now been changed to Bellissimo Crown Buildmart Private Limited
and Certificate of Incorporation pursuant to name change has been issued by the Registrar
of Companies on 6 April 2017.

D. Vide Indenture of Mortgage dated 12 July 2017 (registered with the office of Sub Registrar
of Assurances at Mumbai under sr. no. BBE-4/6166/2017 on 8 August 2017) executed
between Belissimo Crown Buildmart Private Limited, therein called Mortgagor, and IDBI
Trusteeship Services Limited, therein referred to as Security Trustee, the Mortgagor i.e. the
Company herein, has secured financial assistance by creating charge inter alia over the
Larger Property together with the Building standing thereon and the receivables therefrom,
for the benefit of the L&T Consortium comprising of L&T Finance Limited and L&T Housing
Finance Limited. As a condition of the financial assistance secured, the receivables from the
Building will be deposited into a designated escrow account as agreed by the parties to the
said Indenture of Mortgage dated 12 July 2017. In addition to the said Indenture of Mortgage
dated 12 July 2017, the Company has also created charge over the Larger Property together
with the buildings standing thereon, the details whereof are more particularly set out in
Annexure 3 (Report on Title)

Page26
 Annexure 3

(Report on Title)

Page27
 Annexure 4

(Key Approvals)

No. Approval/Document Date of Document Ref Issuing

Document No. Authority

1. Environment Clearance 11 June 2014 SEAC Environment

2010/CR814/T Department,
C-2 Government of
Maharashtra

2. Amended Commencement 1 September T&CP/WTT/Blo Mumbai

Certificate 2017 ck-C/CC/Vol Metropolitan
XI/185/2017 Region
Development
Authority

Page28
 Annexure 5

(Floor Plan with Unit shaded)

Page29
 Annexure 6

(Unit and Project Details)

(I) CUSTOMER ID :

(II) Correspondence Address of Purchaser:

(III) Email ID of Purchaser:

(IV) Unit Details:

(i) Development/Project :

(ii) Building Name :

(iii) Wing :

(iv) Unit No. :

(v) Area :

Sq. Ft. Sq. Mtrs.

Carpet Area

EBVT Area

Net Area (Carpet Area

+EBVT Area)

(vi) Car Parking Space allotted: nos.

(V) Consideration Value (CV): Rs. /- (Rupees

Only)

(VI) Payment Schedule for the Consideration Value (CV):

Sr.
no. Upon Initiation of Amount (In Rs.)

The aforesaid schedule is not chronological and payment for any of the aforesaid milestones may become due before or
after the other milestones, depending on the date of initiation of the relevant milestone.

(VII) Reimbursements: Payable on/before the Date of Offer of Possession*:

(1) Land Under Construction (LUC) Reimbursement:

Rs. /- (Rupees Only) towards

reimbursement of LUC from the start of construction till the Date of Offer of
Possession.

Page30
 (2) Electricity Deposit Reimbursement:

Rs. /- (Rupees only) towards provisional amount of

reimbursement of deposit paid to Electricity Supply company on the Purchaser‟s

behalf. The benefit of the said deposit shall stand transferred to the Purchaser when
meter is transferred to the Purchaser‟s name.

(3) Provisional Electricity Charges (if applicable): Rs. covering period

of 4 months from DOP.

(4) Utility connection and related expenses: Rs.

(5) Pipes Gas connection and related expenses (if applicable): Rs.

(VIII) Maintenance Related Amounts: Provisional amounts (subject to actuals) payable

on/before the Date of Offer of Possession:

(1) BCAM Charges: Rs. /- (Rupees only) covering

period of months from DOP.

(2) FCAM Charges (if applicable): Rs. /- (Rupees

only) covering period of months from DOP.

(3) Property Tax (Estimated): Rs. /- (Rupees only)

covering period of first months from DOP.

(4) Building Protection Deposit: Undated cheque of Rs. /- (Rupees

only) towards Building Protection Deposit which shall be
encashed only if there is violation of guidelines in respect of execution of fit
outs/interior works.

Total Consideration = Consideration Value (CV) + Reimbursements + Maintenance Related

Amounts.

All amounts stated hereinabove are exclusive of Indirect Taxes (including but not limited to service
tax, MVAT, GST, stamp duty etc.) and all such Indirect Taxes/levies have to be borne and paid by
the Purchaser separately immediately upon the same being demanded by the Company.

(IX) The number of family members eligiblefor club membership are:

Configuration of Unit No. of members

1 BHK 4

2 BHK 5

3 BHK 5

4 BHK or larger 6

(X) Date of Offer of Possession: 20 , subject to additional grace period of 18 (eighteen)

months and any extension as may be applicable on account of the provisions of Clause 10.4.

(XI) Project Details:

1) Project Name:

2) RERA Registration Number:

Page31
 Annexure 7

(Common Areas and Amenities)

1. Residential Units
a. Air conditioned Homes (kitchen, store, toilets and service areas excluded)
b. Marble flooring in Living / Dining and passage
c. Marble flooring in Master bedroom
d. Vitrified flooring in Other Bedrooms
e. Vitrified flooring in Kitchen and service areas
f. Fitted Modular Kitchens
g. Video Door Phone at unit entrance door.
h. Emergency Alarm in VDP and Gas detector in Kitchens
i. Provision for data and telephone services.

2. For Each Building / Wing

a. Tower Entrance Lobby
b. 4 Nos high speed Passenger Elevators for each wing
c. One Service Elevator

3. Shared Amenities for a group of Towers:

a. Personal members Club with Gymnasium and Party Hall
b. Outdoor Children’s Play area
c. Swimming pool
d. Kids Pool

* For Select Residences only

#
Or Equivalent Brand
** Not Applicable for Studio Residences
All finishes are subject to change at the discretion of the Interior Designers, in the interest of continual
improvement of the project.

Page32
 Annexure 8

(Purchaser Notice of Termination)

To,

[dated]

[Name and address of the Company]

Sub: Notice of Termination

Dear Sir,

We refer to the Agreement to Sell dated [date of execution] (ATS) executed in respect of Unit [unit
number] (Unit) on the [floor number] floor of the building known as [building name] at [address].

All capitalised terms used in this Letter but expressly defined shall bear the meaning assigned to
the term in the ATS.

As estimated DOP as set out at Annexure 6(Unit and Project Details) of the ATS and the Extended
DOP have passed and the Unit has not been offered for possession, I / we would like to exercise
my/our right to terminate the ATS pursuant to Clause 11.3.1.b of the ATS.

I / we agree and acknowledge that, pursuant to the provisions of the ATS:

1. This Notice of Termination shall be valid and binding on the Company only if it is received
by the Company prior to the expiry of 30 days from the Extended DOP;

2. On and from the receipt of the Notice of Termination by the Company, the ATS shall stand
terminated and I / we shall have no further right, title or interest in the Unit except in relation
to the Refund Amount;

3. The Refund Amount is to be determined and paid to me/us in accordance with the
provisions of the ATS.; and

4. On the receipt of the Refund Amount in accordance with the ATS, I / we shall have no
claim of any sort whatsoever against the Company in respect of the Unit or otherwise.

Please treat this as the Notice of Termination referred to at Clause 11.3.1.b of the ATS and
proceed with the termination of the ATS in accordance with Clause 11 of the ATS.

Yours sincerely,

[name of customer]

Page33
 Annexure 9

(Special Conditions)

1. Notwithstanding anything contained herein, this Agreement shall be enforceable subject to

the conditions, covenants and stipulations contained in the Agreement to Lease dated 1st
August 2011 executed between MMRDA and the Company. It is hereby agreed and declared
by the Company that by reason any assignment, it will not cease to be subject to any of the
liabilities attached to the said Agreement to Lease dated 1st August 2011.

MMRDA fees and charges

2. The Purchaser shall, prior to the execution of the Agreement to Sell, pay the fees and
charges payable to MMRDA as prescribed by MMRDA

Page34
 Letter of Allotment

Dear Mr. ______________, Date:

It gives us immense pleasure to inform you that Unit No. ___ Wing __, in ________ has been
allotted to you, against your booking on _____________ and receipt of associated payments.

The details of your chosen Unit and correspondence details as in our records are given below.

Booking ID

Name, Address and Contact

Details
of Allottee (s)

Unit No. & Wing

Name of Building/Tower
Type of Unit
Unit Details Carpet Area
EBVT Area
Net Carpet Area (Carpet + EBVT)
Count of Parking Space(s) allotted
Consideration Value

*Consideration Value mentioned above does not include other charges payable at time of Possession
(for fit-outs)

Please note that the terms and conditions as stated in the Application Form shall continue to be
binding in respect of the allotment of the aforesaid Unit.

For assistance in this phase, please reach out to your Service Associate at <phone number> or write to
<RM Email Id>. We shall be available during the following timings for on-call/email assistance:
For Resident Indians: 10AM to 6PM IST from Monday to Friday
For Non-resident Indians: 12PM to 8PM IST Monday to Friday.

The next time bound payment i.e. Booking Amount 2 due towards your booking is as follows:
Milestones covered Due Date Principal amount GST payable (B)* Total Amount
payable (A) payable (A+B)

Grand Total
*Tentative: Subject to change/revision. All statutory charges and taxes will be borne by customer as per
rates applicable from time to time. Please ignore if you have already made the above payments

Mode of payment: Cheque/ DD for Principal Amount: In favor of <Company Name> payable at
Mumbai. Cheque/ DD for towards GST: In favor of <Company Name> payable at Mumbai.

You can send us the Cheque by courier to the following address or drop it at Lodha Excelus, L1 Level,
Apollo Mills Compound, N M Joshi Marg, Mahalaxmi, Mumbai - 400011

Page35
Home Loan Assistance: Our in house Lodha Fincorp team will coordinate with the preferred bankers &
assist you in getting home loan at competitive rates. You can reach them at the following coordinates:

S.
No. Name Mobile No Email id

We look forward at providing efficient & reliable service to you, as you begin this relationship with the
Lodha Group.

Best Regards,
<SVP Customer Care>

Page36