BUYER'S AGREEMENT

INDEX

S.No. Particulars Page No.

l 1. Instructions for the execution of the Unit Buyer's Agreement 3
II. Parties 5-6
III. Recitals 7
1. Sale Of Unit and Rights Thereto 8-12
1.1. Description of the Unit
J 1.2. Sale Consideration of Unit
(a) Sale Price
I (b) Booking/Registration Amount
(c) Payment Plan
(d) Adjustment ofInstallments
I ( c) Preferential Location Charges
(f) Ext~rn::J1 f1evelopment Charges
I (g) Infrastructure Development Chargcs
(h) Eamest Money
1.3. Parking Space
2. Taxes 13
3. Costs & Expenses 14
4. Lease of Open Space on the Rooftop 14
I 5. Plans & Constructions 14
6. Alterations / Modifications in the Layout plans and Designs 14
I 7.
8.
Sale Deed
Loan / Finance
16
16
9. Representations and Warranties of the Company 16
J 10. Representations and Warranties of the Allottee(s) 17.-19
11. Rights & Obligations of the Allottee(s) 19-21
(a) Fire safety
(b) Express Rights
(c) Common Area Possession
(d) Electricity, Water and Sewerage Charges
(e) Entry Regulations
(f) Permitted Use, No Nuisance & Annoyance
(g) Interior Maintenance & Insurance
(h) Signage -
(i) Alterations in the Unit
(j) Registration of Address
12 Bulk Supply of Electricity 22
l3. Association of Owners 22
l3A. Time is Essence 23
14. Delay in Payments 23
15. Possession - Time of handing over Possession 24
16. Procedure for taking possession 26
17. Compensation 27
18. Failure to take Possession 27
19. Permitted Use 28
20. Maintenance after Possession 29
2l. Events of Defaults and Consequences 29-31
22. Maintenance 32
23. Purchase not dependent on Finance Contingency 34
24. Insurance 34
25. Haryana Apartment Ownership Act, 1983 34
26. Binding Effect 34
27. Assignment 35
28. Entire Agreement 35
29. Provisions of this Agreement applicable to Occupiers / 35
subsequent Allottee( s)
30. Waiver not a limitation to enforce 35
31. Severability 36
32. Force Majeure 36
33. Indemnification 36
34. Arbitration 36
35. Copies of the Agreement 37
36. Place of Execution 37
37. Notices 37
38. Joint Allottee(s) 38
19. I,aws of India 38
40. Jurisdiction 38
4l. Interpretation 3~-3Y
Annexure I - Details of Land 40
Annexure II - Schedule of Payments 41
Annexure III -List of Common Areas 42
Annexure IV - Definition of Super Area 43-44
Annexure V - Tentative Plans relating to floors, site and 45'
parking
Annexure VI Tentative Specifications 46-48
Annexure VII - Format of Application for enrollment as 49
member of Association
Annexure VTn - Draft Tripartite Maintenance Agreement 50-61

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Instructions for execution of the Agreement

1. Kindly sign along with Joint Allottee, if any, on all places marked (x) in the
Agreement including all Annexure
2. Kindly paste at the place provided, color photographs including of all Joint Allottee(s)
and sign across the photographs.
3. Kindly provide the permanent account number (,PAN') of the Allottee(s) issued by
the Income Tax Department to the Company .
4. All the two (2) signed copies of the Unit Buyer's Agreement with all the Annexurcs in
its original form shall be returned to the Company by registered post (AD) / hand
delivery only within the time stipulated in this Agreement.
5. Kindly sign next to the tentative typical Uuit plan in Almexun; II, as applied by you.
~ 6. Witnesses signatures to be done only on page 39.

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TI-IIS STAIv1P PAPER FORMS AN INTEGRAL PART
I OF THE "BTJYRR'S· .A GREEMENT" OF DIGITAL
GREENS DATED~:rAAI!tABUO#' EXECUTED BETWEEN
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MIS. EMAAR MOF LAND LTD. & IVI.[ s· S TR\'N 4:...
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I DIGITAL G REENS
GURGAON
I Unit No. 05-006
Tower No.
I Project Digital Greens
Total Consideration Rs. 13558845/-
I
I BUYER'S ACREEMENT

This Unit Buyer's Agreement, (hereinafter referred to as the "Agrccllicnt rt ) is made at

I Nfl"; 'DtYiHl on this O~day of:ft~N'7l1iV200«tat 1J~4.1 DGIJlI ,

I By and Between

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'Emnnr MGF Land Limited, (l r,nmpany ineorpora~ed under the Companies Act, 1956,
having its registered office at EeE House, 28 Kasturba Gandhi Marg, New Delhi - 110 001,
through its Authorized Signatory (hereinafter referred to as- "Company" which expression
sh(l11 unless repugnant to the context or meaning thereof, deem to include it~ SlicceSsors,
I' sllhsililaries, nominL:L:s, l:xtClltors ami assigns) of Onl~ Part -----

And
I
(i) f*/daughter of*/wife of _ __
aged about _ _ __
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(ii) son of'*/daughter of'*/wife of
I _ _ _ _ _ _ _ _ _ _ _ _ _ _--\-___ aged about resident of

I (iii)
aged about _ __
I (here-in-after singly 1 jointly, (as the case may be), referred to as 'the Allottee(s)' which
expression shall unless repugnant to the context or meaning thereof, be deemeu to include his
I respective heirs, executors, administrators, legal representatives, successors and permitted
assigns) of the SECOND PART -
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OR
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*M/s.SWmiMANACt£/l"fNi CONSULiANTS , a partnership firm duly registered and existing under the . 1
Indian Partnership . \.ct, 1932* having its registered office a13l LOUJe~ Cj~()JrdFlo", OKHlA INtl lh"a:>. Pti1stEr~;tglJi'h1
Mr. , Partner of the Firm, duly authorized vide resolution dated
_ _ _ _ _ passed by signed by all the partners constituting the Partnership Firm (copy I
enclosed) (hereinafl er referred to as 'the Allottee(s)' which expression shall unless repugnant
to the context or meaning thereof, be deemed to include all Partners of the partnership firm
and their respectiv \~ heirs, executors, administrators, legal representatives, successors and
assigns) of the SEO)ND PART

OR

~ , a company incorporated, organized, registered and

existing under the Companies Act. 1956 having- its registered office at
_ through Mr. J
(designation) duly a lthorized by the Board of Directors vide resolution* dated duly
authorized vide *1 )eed of General/Special Power of Attorney dated duly
registered in the o J ice of the Sub-Registrar of Assurances, as
Document No. ____ on (hereinafter referred to as 'the AUottee(s)' which
expression shall un less repugnant to the context or meaning thereof, be deemed to its
successors, liquidators and assigns) ofthe SECOND PART

OR

*M/s. through its

Karta Mr. , (hereinafter referred to as 'the Allottee(s) ' which
expression shall unless repugnant to th context or meaning thereof, be deemed to include
him and each of the members constit ting the HUF, their respective heirs, executors,
administrators, legal rcprcscntativcs, succ ssors and assigns) of the SECOND PART

OR

*M/s. registered and existing under the Societies

Registration Act, 1E60 or *under having its
registered office at through
_ _ _ _ _ _ _ _ _ _ _~_ _ _ _ __\__---- duly authorized by the Governing
Body*/Managing Committee* vide resoluti * dated Iduly authorized vide
*Deed of GeneraIlSpl!cial Power of Attorney d ted duly registered in the office of
the Sub-Registrar of Assurances, as Document No. on
(hereinafter referred to as 'the llottee(s)' which expression shall unless
repugnant to the con text or meaning thereof, be deemed to its successors, liquidators and
assigns) of the SEeO ND PART

The Company and the Allottee(s) shall hereinafter be collectively referred to as "Parties" '~md
individually as ".farty"

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I \VHEREAS

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A. Mis Active Promoters Private Ltd and Mis. Sidhivinayak Buildcon Private Limited,
I Companies registered under the Companies Act, 1956, and a wholly subsidiary of the
Company, having its registered office at Clo Emaar MGF Land Pvt Ltd., ECE House,
1st Floor, 28 K.G. Marg, New Delhi - 110001, owns an undivided plot of land
I admeasuring approximately 6.79 acres situated in Village Ghata, Tehsil & District
Gurgaon and recorded in the revenue records as Killa Nos. 351123min(I -7),
I 511/3min(2-l3), 8min(2-13), 1911(7-11),20/ 1(7-2), 52/116/ 111(6-7), Measuring 3.46
Acres and Kill Nos.511113min(2-13), 17(8-0), 18(8-0), 23(8-0) Measuring 3.33 Acres
in Village Ghata, Tehsil & District Gurgaon (here-in-after referred to as the said
I "Land"). The Company is constructing a multi storied building complex under the

r name and style "Digital Greens" under and by virtue of the necessary and requisite
licerises, pem1issions and approvals granted by the Director, Town and Country
Planning, Government of Haryana - Chandigarh vide License no. 66 of 2008 dated

I 20.03.2008 under the provisions of the Haryana Development and Regulation of

Urban Areas Act, 1975 in favour of Mis Active Promoters Private Limited and Mis
Sidhivinayak Buildcon Private limited (hereinafter referred as "the Licensee").

B. Pursuant to the grant of the license for ITI ITES colony, the Company has started the
development and construction of a \~l ell-designed complex continning to international
standards with three (3) levels of bascment parking space which inter-alia comprises
of a state: of the art infonnation technology complex [here-in-after the "Complex"]
containing oHIce spaces (hereinafter referred to as 'Units'). The Complex is being
constructed on a Land admeasuring [6.79] acres [fonning part of the Land delineated
above]. The ·location and dimensions of the said Land are more particularly described
in Annexure I hereto and the said Land is free from all encumbrances, liens of any
nature whatsoever, and is not subject matter of any security, mortgage, charge, surety
or guarantee. The Company proposes to complete with reference to civil finishes,
flooring, electrical power distribution panels on each level/floor, plumhing, air-
conditioning and ~ventilation, back-up diesel generators etc. as (Ire more paliicularly
detaileci in this Agreement.

I c. The Company I Licensee has I have applied for and obtained requisite consents and
approvals for zonal plan from the DTCP for developing an IT lITES Complex, vide
drawing no. DTCP 1597 dated 28.05.2008.
I The Allottee(s) has I have conducted physical inspection of thc Plot, the sanctioned
D.
building plans, the licenses, ownership records, etc. of the said Land and other
I documents relating to the title and competency of the licensee viz. Mis Active
Promoters Private Limited and Mis Sidhivinayak Buildcon Private limited
I (hereinafter referred as "lhe Licensee") to cntcr into the arrangement aforesaid with
the Company.
E. The Allottee(s) has I have shown interest in the Complex and has I have vide
I his I her I their I its application ("Application") dated 22.07.08 applied for registration
I provisional allotment of a Unit in the Complex to the Company for allotment of Unit
I admeasuring 131· .(S sq. mtrs. The Allottee(s) has I have understood an greed
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to abide by the telIDS and conditions as set out in Schedule appended to the said
Application for the provisional allotment by sale of Unit in the said Complex which
inter alia includes the execution and signing of this Agreement.

F. Pursuant to receipt of the Application by the Company and upon completion of all
procedural formalities, the Company has provisionally allotted a Unit in the Complex
at such Sale Consideration as described in detail in clause 1.1 (a) here-in-after. The
Allottee(s) agrees and understands that the areas provisionally allotted to it are
tentative and are subject to change as contemplated in this Agreement, till the grant of
occupation certificate by the competent authority.

G. The Licensee and the Company have represented that they are the rightful owner and /
or are well and sufficiently entitled to the Plot on which the said Complex is being
developed and on the strength of these representations the Allottee(s) is entering into
this Agreement for purchase of the Unit in the Complex on the terms and conditions
appearing hereinafter: -

NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO

MUTUALLY AGREE AS FOLLOWS:

1. SALE OF UNIT AND RIGHTS THERKrO

1.1 Descriptiun uf the Unit

(a) The Company, relying upon the confirmations, representations and assurances
uf the Allottee(s) to taiththlly abide by all the terms, conditions and
stipulations in letter and in 'spirit, as contained in this Agreement, hereby
agrees to allot to the Allottee (s) , the Unit in the Complex bearing no. 05-006
admeasuring in ~ggregate approximately, a Super Area of 12,i-· ~5 Sq.
Mtrs. ( I\.Ill · 36 Sq. ft.) on Fifth floor(s) and more specifically detailed out
in Annexure TV hereto @ Rs . 8500/- per sq. ft. amounting to a sale
consideration of Rs. 10>{ b'J tro[- (Rupees Ilxl€. (~01'e.• Thrrt'11hree La.th :
TUJUlt'-f $['t. 1hoU.5CU)o Nlhe {IU"dife.d ----=-- [)Illy) [hereinafter referred
to as "Sales Consideration") as per the Schedule of Payments as annexed
hereto in Annexure-II, along with undivided proportionate share in the Land
underneath the Complex. The Company shall also grant exclusive right to use
of 1 No(s) of'· car park @ Rs. 4,00,000/- (Rupees Four Lakh Only) each,
earmarked in the [1] number of car parking spacc as aforesaid to be identified
and allocated by the Company at the time of handing over or possession of the:
Unit to the Allottee(s).

(b) In case of the said Unit, the undivided proportionate share of the Land
underneath the said Complex (i .e. the land which is the footprint of the
Complex in which the said Unit is situated) shall be calculated in the ratio of
Super Area of the. said Unit to the total Super Area of all the Units situated
within the said Complex only.

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 It is made abundantly clear by the Company and agreed to by the Allottee(s)
that no other land shall form part of this Agreement and the Allottee(s) agrees
awl uJlJerstands that it shall have no right, title, or interest of any kind
whatsoever, on any other land fonning part of the Complex except to the
extent of using only such general commonly used areas and facilities within
the Complex limited to and precisely listed in Annexure III subject,
however, to the timely payment of maintenance charges as stipulated in the
Tripartite Maintenance Agreement as appended to in Annexure VIII of this
Agreement, by the Allottee(s).

(c) All other land(s), areas, facilities and amenities, except those specified here-in
lhis Agreement which falls to the share of the Allottee(s), are specifically
excluded from the scope of this Agreement and the Allottee(s) agrees and
understands that that it shall have no ownership rights, rights of usage, title or
interest etc. in any form whatsoever in such land(s), areas, facilities and
amenities. Such land(s) areas, facilities and amenities have not been included
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in the computation of Super Arca for calculating the Sale Consideration and
therefore, the Allottcc(s) has / have not paid any money thereto for ll."e or
ownership in respect of such land(s), areas , L'lcilities and amenitics. The
I Allottee(s) agrees and understands that ownership of such land(s), areas,
facilities and amenities vests solely with the Company, its associates and

I subsidiary companies and their usage in any manner, clisposal, etc. shall be at
the sole discretion of the Company and its associates and subsidiary
companies . It is made c1ea~' that the mode of ascertaining Super Area of the
Unit as defined in Annexure-IV is tentative and is subject to change till the of
construction of the Complex.

1.2 Sale Consideration of Unit

(a) Sale Price
(i) The Sale Consideration as more particularly reserved in Clause 1.1 (a) payable
by the Allottee(s) to the Company constitutes the basic sale consideration amI
shall be exclusivc of External Development Charges [here-in-after 'RDC']
and Infrastructure Development Charges [here-in-after 'IDC'], charges for the
I exclusive reserved car parking space (s) and Preferential Location charges as
more particularly defined in clause 1.2 (e).

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(ii) The Sale Consideration shall include the proportionate cost of fire fighting and

I fire safety equipment as required by the existing regulations. If, due to any
subsequent legislation / government order, directives, guidelines or
change/amendments in Fire Codes including the National Building Code 2005,
I and any subsequent amendments thereof or, in the event if cleemed necessary
by the Company at its sole discretion, additional fire safety measures are
undertaken, then the Allottee(s) undertakes to pay, without any protest or
I demur, within thirty (30) days from the date of written demand by the
Company, such additional expenditure incurred thereon in proportion to the
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 Super Area of his/her/theirlits Unit to the total Super Area of all the Unit in the
said Complex as determined by the Company.

(iii) The Allottee (s) agrees, understands and confim1s that all other charges and
levies, as are specifically delineated in this Agreement, shall be paid
separately over and above the Sales Consideration by the Allottee(s) .

(b) Booking/Registration Amount

Out of the total Sale Consideration for the Unit, the Allottee(s) has I have paid a
booking amount of Rs. 2511512/- (Twenty Five Lakhs Eleven Thousand Five
Hundred Twelve only) at the time of the registration 1 provisional allotment of the
Office Space, which the Company hereby acknowledges.

(c) Payment Plan

The Allottee(s) agrees and undeliakes to pay the balance amount of the Sale
Consideration in time without any reminders from the Company, through A /c Payee
cheque(s) I demand draft(s) made III lavor of "Emaar MGF Land Ltd -- DC
Gurgaon" payable at New Delhi. The Allollee(s) agrees that the payments shall be
made promptly and the Company shall not be required to send any notice or demand for
payment of the scheduled payments on due dates as set out in Annexure II. In the event
the Allottee(s) fails, neglects and 1 or delays the payment of installments then,
notwithstanding the right of the Company at its sole discretion to cancel such allotment,
at any time, after such defillJ1t in payment occurs, the Company may without prcjudice
to any other rights provided tn il under this Agreement, waive such failures, neglects
amI I or delays in the payment of installments by the Allottee(s) subject to the conciition
that the Allottee(s) shall be bound to pay interest on the delayed period as per the terms
of the delayed payment interest set out in clause 14(a)(i). It is made clear and so agreed
by the Allottee(s) that the exercise of such discretion to waive such failures, neglects
and / or delays in the payment of installments by anyone Allottce(s) shall not be
construed to be a precedent and I or binding un the Company to exercise such
di:3cretion, in case of other Allottee(s) '1~ welL

(d) Adjustment of Installments

The Allottee(s) agrees and understands that the Company shall have the right to adjust I
appropriate the installment amount received from the Allottee(s) first towards the
interest and other sums, if any, due from the Allottee(s) and the balance, if any, towards
the SClle Consideration. Such adjustment I appropriation of payments shall be done at
the sole discretion of the Company and the Allottee(s) undeliakes not to object, protest
or direct the Company to adjust hislher/theirlits payments in any manner otherwise than
as decided by the Company. The Allottee(s) hereby expressly waives the
requirement(s), ifany, of service of any notice of such appropriation.

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I (C) Preferential Location Charges

I (i) The Company shall, apart from the Sale Consideration, as more paIiicularly
reserved in clause 1.1 (a), charge or fix preferential location charges ("PLC")
for certain Unit in the Complex and if the Allottee(s) opts for any such Unit
I then he/she/themlit shall be liable to pay such PLC to the Company.
(ii) The Sale Price for the preferentially located Unit is calculated at an additional
I rate of Rs. 250/- per sq. ft. of Super Area. Further if due to change in layout
plan, the location of any Unit, whether preferentially located or otherwise is
changed to any other preferential location, where the PLC are higher than the
I rate as mentioned hereinabove, then in such a case the Allottee( s) shall be
liable to pay the PLC as per the revised PLC decided by the Company within
thirty (30) days of any such communication received by the Allottee(s) in this
regard. However, if due to the change in the layout plan the Unit ceases to be
preferentially located, then in such an event the Company shall be liable to
refund only the amount of PLC paid by the Allottee(s) without any interest,
compensation, damages rmrl / or costs of any nature whatsoever and 1 or such
refund shall bc adjusted in the future installment(s) payable by the AllotJee(s)
for the said Unit.

(0 External Dt!vclupmellt Chal-ges

(i) The proportionate amount of the EDC levied by DTCP as on the date of
execution hereof is @ 104/- per sq feet and the Allottee(s) agrees to pay the
said _charges to the Company [apart from and over and above the Sale
Consideration] at the rate specified here-in-above calculated on the basis of
Super Area of the Unit allotted.

(ii) Thc Allottee(s) understands and undertakes that in the eventllality of any
increase 0;: cnhanccIIH;ut (including with retrospective effect i.e. from the elate
of booking of the Unit) in the EDC, the ' same shall be payable by the
Allottee(s) on pro rata basis of the Super Area of the Complex. Any failure
thereof to discharge the payment of said EDC, shall entitle the Company to
terminate / cancel this Agreement. Thereafter, the Company shall be free to
deal with such Unit in any manner whatsoever, without any objection,
interference, obstruction or hindrance by the Allottee(s). The Allottee(s)
further agrees that he would not be competent to challenge such termination
by the ~ Company due to default or non-payment of such increased 1 enhanced
EDC and the Allottee(s) specifically waives his right under equity and / or law
to se.e k any remedy against the Company under these circumstances.

I (g) Infrastructure Development Charges

I The proportionate amount of the IDC levied by DTCP as on the date of execution
hereof is @ 53/- per sq feet and the Allottee(s) agrees to pay the said e4arges to the
Company at the rate specified herc-in-above, over and above the Sale Consideration. In
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 the eventuality of the Allottee(s) failing to make payment of the IDC or any increase or
enhancement thereof, the consequences and rights of the Company shall be same as
stated in Clause 1.2 f (ii) above.

(i) Earnest Money

(i) The Allottee(s) understands and agrees that payment of earnest money is to
ensure the fulfillment of terms and condition of the Agreement. Out of the
amount(s) paid / payable by Allottee(s) towards the Sale Consideration, the
Company shall treat 10% of the Sale Consideration as earnest money
("Earnest Money") to ensure fulfillment of the terms and conditions as
contained in the Application and this Agreement, by the Allottee(s).

(ii) The Allottee(s) hereby agrees that the Company shall have the right to forfeit
out of the amounts paid / payable by him/her/them/it, the Earnest Moncy along
with the processing fee, any interest paid, due or payable, any other amount of
a non-refundable naturc including brokerage paid by the Company to the
brokers (in case of booking done through a broker) in the event of the failure of
the Allottce(s) to perfonn his/her/their obligations or non-fulfillment of all /
any of the terms and conditions set out in this Agreement executed by the
Allottcc(s) or in the event of failure of the Allottee(s) to sign and return this
Agreement in its original form to the Company, within thirty (30) days from
the date of its dispatch by the Company.

(iii) The Allottee(s) agrees that the conditions for forfeiture of Earnest Money with
the processing fee, any interest due or payable, any other amount of a non-
refundable nature including brokerage paid by the Company shall remain valid
and effective till the execution and registration of the Sale Deed I Conveyance
Deed for the said Unit and that the Allottee hereby authorizes the Company to
effect such forfeihire without any notice to the Allottee(s).

1.3 Parking Space

(a) The Allottee(s) agrees and understands that the exclusive reserved parking space
assigned to the Allotte.e(s) shall be understood to be together with the Unit and the
same shall not have any independent legal entity, detached or independent, from the
said Unit. The Allottee(s) undertakes not to sell, transfer, and deal with such exclusive
reserved parking space independent of the said Unit. In case the Allottee(s) has I have
applied for and has / have been allotted an additional parking space, same shall also
be subject to the condition set out herein.

(b) The Allottee(s) undertakes to park his/her/theirlits vehicle(s) in the allotted parkjng
space and nowhere else in the Complex. "

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I (c) The Allottee(s) agrees and understands that the Allottee(s) shall not be entitled to use
the basement and other areas in the Complex reserved for services, maintenance staff
I etc. for parking his/her/thei rlits vehicles or any other usage .

I (d) The Allottee(s) agrees and understands that the allotted reserved parking spaces or
any un-allotted car parking spaces in the Complex shall not form part of common
I areas and facilities of the said Unit for the purpose of the declaration to be filed by the
Company under Haryana Apartment Ownership Act, 1983 (hereinafter referred to as
the "Act") as amended from time to time. The Allottee(s) agrees and confirms that the
I reserved parking space allotted to himlher/themlit shall automatically be cancelled in
the event of cancellation, termination, surrender, relinquishment, resumption, re-
I possession etc. of the said Unit, under any of the provisions of this Agreement or
otherwise.

Iq:r 2. TAXES

I (i) The Allottee(s) agrees and undertakes to pay, on demand, all rates , taxes, charges, and
all other dues or cess of all I auy kind whatsocver, if applicable, whether levied or
I lev iable, now or in future, on the Complex, or 111 relation to sale of Complex
including electricity charges, water charges and any utility charges payable to the

I reqllisite authorities from the nate of booking of the Unit in the Complex and the same
shall be paid by the Allottee(s) in proportion to the Supcr Area of the said Complex.
Such an apportionrr~ent shall be made by the Company and I or its nominee and I or
I the nominated maintenance agency, as the case may be, and the same shall be
conclusive, fma1.and binding upon the Allottee(s).

I (ii) If such charges I taxes are increased (including with retrospective effect) after the
Conveyance I Sale Deed has been executed, then these charges I taxes shall be treated
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as unpaid portion of Sales Consideration of the Unit in the Complex and the Company
shall have hen on~the Unit in the Complex of the Allottee(s) for the recovery of such

i (iii)
chargcs I taxes.

Further, the Allottee(s) shall be liable to pay property tax, fire fighting tax or any
other fee or cess, as and when levied, by a local body I authority. Till the Unit in the
I Complex under the occupation of the Allottee(s) is not separately assessed to such tax,
fee or cess, the same shall be paid by the Allottee(s) on pro-rata basis, as detennined
I by the Company and I or its nominee and I or nominated maintenance agency and the
same shall be final and binding upon the Allottee(s).

I (iv) Without prejudice to the generality of the above, in case any tax or levy is imposed by
the Government or any local authority including without limitation in the fonn of
I VAT i.e. Value Added Tax or Service Tax on amount payable in or in relation to sale
of Unit in Complex and on any other charges payable by the Allottee(s) to the
Company and I or any such maintenance agency ("Nominated Maintenance

t-
Agency") and I or its nominee or any other supplier of utilities and services in tenns
of this Agreement, the same shall also be payable by the Allottee(s) from· the e of

~J{?~
13

;a ~ . t(':t~;,: F. :>t...: ' .. '

i.
 ,I
its applicability and the Allottee(s) agrees and undertakes to keep the Company fully
harmless and indemnified in respect of such liability.

3. COSTS & EXPENSES

Thc Allottee(s) agrees and undertakes to pay all additional amounts, including but not
limited to any additional costs, expenses, deposits, charges for bulk supply of
electrical energy, installment of additional transformers, sub-stations or any
transmission line in respect of the Complex as demanded by the Company and / or its
nominee and / or the Nominated Maintenance Agency from time to time.

4. LEASE OF OPEN SPACE ON THE ROOFTOP

The Company reserves the right to give on lease / license or hirc any part of the roof
top / ten"aces abovc the top floor, including terraces forming a pmi of Unit of the
Complex for installation and operation of antenna, satellite dishes, cnmnlllnication
towers, or other microwave equipment / v-sat link equipment / tower / other
conununication equipment or to use, hire, lease the same lor adveliisement purposes
and the Allottee(s) agrees that he/she/they/it shall not object to the sam~nd make any
. claims on this account. .

5. PLANS AND CONSTRUCTION

(a) The Allottee(s) represents that the Allottee(s) has seen, reviewed and accepted the
Schedule of Payment plan provided in Annexure -II, tentative plans / typical floor
plan / site plan / parking plan and specifications as provided in Annexure- V of this
Agreement. The Allottee(s) agrees and acknowledges that the same are subject to
change at the sole discretion of the Company.

(b) The construction of the Unit in the Complex including the materials, equipments and
fixtures to be installed therein shall be substantially in accordance with the
specifications as given in Annexure-VI subject to the rights of the Company to
amend the specifications in order to substitute materials and equipment or fixtures of
similar quality or subject to any direction from competent authority and / or the
architect and the Allottee(s) hereby agree to such condition.

6. AL TERATIONS / MODIFICATIONS IN THE LA YOUT PLANS AND

DESIGNS

(a) The Allottee(s) hereby consents and shall raise no objection in the event Compafiy at
its sole option and discretion till the grant of an occupation certificate and at any time

14
 I
I
even after the building plans for the Complex / tower are sanctioned carries out any
additions, alterations, deletions and modifications, as it may consider necessary or as
I directed by any competent authority and I or the architect. Such changes may include
but shall not be limited to change in the building plans of the Unit I tower I floor
I plans, location, preferential location, increase or decrease in number of Unit, floors ,
block or designs and specifications annexed in Annexure VI. However, this shall be

I
• without any prejudice to the rights of the Company under clause 6 (c) here-under to
construct additional floors I additional spaces as sanctioned and approved by the
competent authority.

(b) If as a result of such changes, alterations, modifications etc. there is any change in the
I location, preferential location, number, boundary or area of the Unit, the Company
shall intimate the same to the Allottee(s) who shall not raise any objection to the

I
..->.. .
same, provided that such changes in the area shall inter alia entail proportionate
increase or decrease in the Sale Price of the built-up Unit based on the original rate at

i (c)
which the Unit was booked.

The Allottee(s) agrees and acknowledges that thc Company shall have the right to
make additions to or put up additional structures in I upon the said Complex I tower /
buildings as may be permitted by the competent authorities and such additional
structures shall be the sole property of the Company, which the Company shall be
entitled to dispose off in any manner, without any interference whatsoever on the part
of the Allottcc(s).

(d) In case of any alteration I modification reSUlting in any increase or decrease in Super
Area of the Unit in the sole opinion of the Company at any time prio~ to and upon the
grant of occupation certificate, the Company shall intimate the Allottee(s) in writing
of such increase or decrease in Super Area thereof and the resultant change, if any, in
the Sale Consideration at the original rate of the Unit. Fmiher the Company shall raise
additional demand in case of an increase in the Super Area of the Unit, and the
Allottee(s) shall be liable to pay the same with in thirty (30) days of raising such
demand by the Company, failing which, the AlloHee(s) shall, without prejudice to any
other right of the Company, be liable to pay delayed interest as per the terms set out in
clause 14(a)(i) and clause 14(a)(ii). For any decrease in the Super Area, the said
reduced amount shall stand adjusted in the subsequent installment(s) payable by the
Allottee( s).

I (e) The Company shall have right, without approval of the Allottee(s) and lor any other
occupants in the Complex to make any alterations, additions, improvements or repairs
whether structural or non-structural, interior or exterior, ordinary or extraordinary in
I relation to any unsold Unit within the Complex and the Allottee(s) agrees not to raise
objections or make any claims on this account.
I
I
15

I
I
 7. SALE DEED

The Sale Deed / Conveyance Deed shall be executed and got registered in favor of the
Allottee(s) subsequent to the date of receipt of full Sale Consideration including but
not limited to delayed payment charges, interest and other charges as reserved here-in
this Agreement along with the compliances of all other terms and condition of this
Agreement by the Allottee(s). The cost of stamp duty, registration charges, and other
incidental charges and expenses will be borne by the Allottee(s) in addition to the full
Sale Consideration of the Unit, as and when demanded by the Company. The
Allottee(s) shall bear all duties, taxes and charges that may be levied by the
Government on this Agreement. The Allottee(s) may with the prior approval of the
Company raise and or avail loan from banks for this purpose only. For sake of clarity,
the Company herein specifies that the stamp duty shall be payable on the basic sale
consideration, IDC and EDC charges, Preferential Location Charges and car parking
charges. The Allottee(s) agrees that the provisions of this Agreement are and shall
continue to be subject of and subordinate to the lien or any mOligage heretofore or
hereafter made / created by the Company and any payments or expenses already made
or inculTeu, or which hercaftcr may be made or incurred pursuant to the terms thereof
or incidental thereto, or to protect the security thereot: to the fullest extent. Such
mortgagees) or encumbrances shall not constitute an objection to the title of the said
Unit or excuse the Allottee(s) from completing the payment of the Sale Consideration
of the said Unit or perfunning all thc Allottee(s)' other obligations hereunder or he the
basis of any claim against or liability of the Company.

8. LOAN / FINANCE

T~e C?mpany. sh~ll have the right and authority to raise finance, loan t~o~ any
fomanclal InstitutIOn / Bank by way of mortgage / charge / secuntlzatIOn of
receivables or in any other mode or manner by charge / mortgage of the said Unit /
tower !building / Complex subject to the condition that the said Unit shall be free and
clear of all encumbrances, lien and charges at the time of execution of Conveyance /
Sale Deed. Subject to the undertaking above, the Financial Institution! Bank shall
always have the first charge on the said Unit for all their dues.

9. REPRESENTATIONS & WARRANTIES OF THE COMPANY

(a) The Company has represented that it is entitled to transfer and or alienate any pOliion
of the Complex including land underneath by way of sale, lease, conveyance,
mortgage, and / or handing over possession including but not limited to executing all
documents such as allotment letters, Sale Deed, Conveyance Deed etc. in favour of
the intending purchasers / allottee(s).

(b) ", The Company and Licensee have represented and the Allottee(s) has / have
specifically agreed and acknowledged that the building plans in respect of the
Complex have been approved by DTCP. The Company and Licensee ""'o have
represented and the Allottee(s) has specifically agreed and acknowledged that the
performance, by the Company, of its obligation under this Agreement'
x 16 ~
'/ .~\
r~
-;::

~ \
 upon the approval being subsequently maintained and rema tning valid and any
subsequent amendments, additions, alterations and modificat ions in the building
plans, as may be made by or at instance of the relevant aut horities and / or the
Company and approved by the DTCP, from time to time.

(c) The Company and Licensee has represented and clarified to the Allottee( s) that the
building plans and the floor plans have been prepared on the basis of the guidelines
issued by the DTCP I Haryana Urban Development Authority (HUDA) and while
preparing the building plans and the floor plans, all the essential requirements have
been complied with. However, in case the DTCP or HUDA or the State Government
Authorities direct to make any additions or alterations, the Company shall carry out
the same in accordance with law.
I
i
•
10. REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE(S)

The Allottee(s) covenants, represents, agrees, declares and undertakes to the

Company that:

(a) The Allottee(s) has read and understood the Act and its implications thereof, in
relation to thc various provisions of this Agreement and further confirms that the
Allotte·~(s) is in full consensus with the provisions of this Agre~mellt in relation to th~
Act and shall at all times comply with the provisions of the Act or any statutory
amendments or modifications thereof or the provisions of any other law(s) dealing
with the matter. .

(b) Th~ Al1ott~~(s) has I have understood that the Company may transfer and convey its
rights, title and interest in the said Unit or any portion thereof and all common areas
and facilities in the Complex of any nature whatsoever, in favor of any co-operative
society / association / society of allottee(s) to be formed for the common interest of
all the intending purchasers of any Unit from the Company, in accordance with the
Act and the rules framed there-under, as and when the same are made applicable to
the Unit in the Complex or under the provision of any other law that may be
applicable to the Unit in the said Complex.

(c) The Allottee(s) confirms that helit has read, understood and agrees to the definition of
the Super Area as stated in Annexure IV hereof and the Allottee(s) has I have assured
the Company that the Allottee(s) shall not raise any dispute or make any claim in this
regard at a later date.

(d) The Allottee(s) shall become a member of any association / society of allottee(s) as
I may be formed. by the Company on behalf of Allottee(s) as stipulated under law for
the time being in force and shall pay any fees, membership or subscription

17
 and shall complete such documentation and fomlalities as may be deemed necessary
by the Company for this purpose.

(e) The Allottee(s) shall be eligible to assign his/her/their interest in this Agreement only

-
after the payment of 27.5% of the total consideration of the said Unit and on the terms
and conditions and changes that may be stipulated by the Company in this behalf. .The
Allottee(s) shall pay to the Company registration fee as applicable from time to time,
II
in respect of such substitutions or nominations.
-:
. . .".:'..
-~

(f) The Allottee(s) understands that performance by the Company of its obligations unde~
this Agreement is subject to approval of the building plans by the nTCP and ~uc
other related departments and / or competent authorities and any additions, alteratIOnS
or modifications, subsequent amendments thereof etc., in the plans, as may be made
by the Company, and approved by the DTCP.

(g)- The Allottee( s) has full knowledge of the applicable laws, notifications, statutes, rules
and regulations applIcable to thc Land and / or the Complex. The Allottcc(S) have
carried Ollt physical inspection of the T.and and the sanctioned building pla?S,
license.", ownership records, etc. of the said plot of Land (InC! other documents rel~ung
to the title of the Company and has further agreed that the Land shall be subject to the
provisions of thc Act or any statutolY enactments or modifications thereof. ~he
Allottee(s) further acknowledges that the Company has readily provided all informatIOn
/ clarification required by them in this regard. The Allottee(s) further agrees that they
shall not demand or raise any objections in this regard at any time whatsOever
hcrcinafter. The Allottee(s) has also peruscd and is fully satisfied with the maintenance
services to be provided to them which are mentioned in the Tripartite Maintenance
Agreement ("Maintenance Agreement") as set out in Annexure VIII.
I
(h) The Allottee(s) is / are aware of the terms and conditions contained in this Agreement
and that he/she/they/it has / have clearly read and understood his/her/theirlits rights, I
duties, responsibilities, obligations under each and all the clauses of this Agreement
and undertake to abide by and adhere to the same at all times.

(i) The Allottee(s) acknowledges that the Company has readily provided all information,
clarifications as required by himlher/themlit but that he/she/theylit has not relied upon
and is/are not influenced by any architects plans, sales plans, sale brochures,
advertisements, representations, warranties, statements or estimates of any natur~
whatsocver, whether written or oral, made by the Company, its selling agents
brokers or otherwise including but not limited to any lrepresentations relatin~ to
description or physical condition of the Unit or the size or dimensions of the Un1t or
... any other physical characteristics thereof, the services to be provided to the
Allottee(s), the estimated facilities/amenities to be made available to the Allottee(s),
or any other data except as specifically represented in this Agreement.

18
 (j) The Allottee(s) is entering into this Agreement for the allotment of the Unit with the
full knowledge of all applicable laws, rules , regulations and notifications to the
Complex and hereby undertake to comply with and carry out, from time to time after
they have taken over for occupation and use the said Unit all the requirements,
requisitions and demands which are required to be complied with by any development
authority I municipal authority I Government or any other competent authority in
respect of the said Unit in the Complex and I or the Land on which the Complex is
situated at his/her/theirlits own cost. The Allottee(s) shall at all times indemnify and
keep and hold the Company and its directors I employees I associates, etc.
indemnified, secured and harmless against all costs, consequence, damages, arising on
account of non-compliance with the said requirements, requisitions and demands.

,
I

I
(k) If the Allottee(s) is I are non-resident Indian or a foreigner then it shall be his
Iherltheirlits responsibility to fully comply with all the provisions of Foreign
Exchange Management Act, 1999 ("FEMA"), Reserve Bank of India Act, 1934
("RRI Act"), any rules and I or guidelincs madc I issued there-under and all other
applicable laws including that of remittance of payment, acquisition I sale I transfer of
immovable properties in Inrlia. The Allottee(s) shall be solely responsible for any
failure to comply with the applicable FEMA provisions, RBI Act and I or any rules or
guirlelines mode there-under. The Allottcc(s) shall indcmni fy and keep and hold the
Company and its directors I employees I associates, etc. fuHy indemnified anti
harmless against any losses, damages, impositions or liabilities, incJ1Hiing but not
limited to any statutory liability, claim, action, penalties, charge, costs, expenses, etc
due to such failure. In the event of change of the residential status of the Allottee(s)
subsequellt tu tht: l:xl:(.;utiuIl uf this Agreement, they shall immediat~ly intimate the
same to the Company and comply with necessmy formnlitic8, if any, under the
applicable laws.

(I) The Allottee(s) agrees that the Company shall not be responsible towards any third
party making payment I remittances on behalf of any of the Allottee(s) and such third
patty shallllot have any right i11 tht: Applicatiun I Allotment of the Unit applied for
herein, in any wa9~ The Company shall be issuing the payment receipts in favor of the
Allottee(s) only.

(m) The Allottee(s) agrees to abide by and comply with the bye-laws or building rules or
such rules and notifications issued from time to time by the Company or the
I designated Maintenance Agency in the interests of the upkeep, cleanliness, security,
etiquettes and maintenance of the Complex. Any non-compliance with such rules and
I notifications would be deemed to be an event of default.

I 11. RIGHTS AND OBLIGATIONS OF THE ALLOTTEE(S)

I (a) Fire Safety

The Company shall provide fire safety measures in the Complex as per the existing
I fire safety norms. If, however, due to any subsequent central or locallegislation(s) I
government regulations I order and or directives or any change in the existing
guidelines it becomes obligatory on the Company to undertake additional afety
I 19
-1

I %
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~ . . . I;. .)
~\l"'!./~

• ~
 measures, the Allottee(s) agrees that they shall be liable to pay proportionate charges
in respect thereof.

(b) Express Rights

Save and except in respect of the Unit to be allotted the Allottee(s) shall have no
claim, right, title or interest of any nature whatsoever except the right of ingress I
egress over or in respect of the Complex, open spaces and all or any of the common
areas and the basement of the Complex, the possession whereof shall always remain
with the Company I Nominated Maintenance Agency who will maintain and upkeep
the same until the same are taken over by any other body or legally constituted
association of all the Allottee(s) or as may be laid down in any applicauk statue or
Jaw for the time being in force or as may be promulgated in future, in which event, the
provisions of such statute or law and the rules framed there under shall supersede and
govern the rights and obligations of the Parties.

(c) Common Area Possession

The possession of the common area shall re11luill with the Company who shall through
thc Nominated Maintenance Agency appointed by it, supervise the maintenance of
and upkeep of the Slillle UJltil the same are takcn over by the Unit owner's association.

(d) Electricity, Water and Sewerage Charges

(i) The electricity, water and sewerage charges shall be borne and paia by the
Allottee(s);
(ii) The Allottee(s) shall plan and distribute its electrical load in conformity with
the electrical systems installed by the Company;
(iii) The Allottee(s) undertakes to pay additionally to the Company on demand the
actual cost of the electricity, water and sewer consumption charges and I or
any other charge which may be payable in respect of the said Unit.
(iv) The Allottee(s)~ndertakes that it shall not apply to Dakshin Haryana Vidyut
Prasaran Nigam Limited ("DHVPN") or any other electricity supply company
in his I their individual capacity [or receiving any additional load of electricity
other than that being provided by the Company I Nominated Maintenance
Agency. The Allottee (s) further agree and confirm that in case of any demand
of deposit or similar other charges for the bulk electricity supply by DHVPN,
the same shall be borne by the Allottee(s) in proportion to the load of the said
Unit. The Allottee(s) shall also pay the Meter Hire Charges as specified by
the Company at the time of possession.

(e) Entry Regulations

It is in the interest of the Allottee(s) to help such Nominated Maintenance Agency in

effectively keeping the Unit in the Complex secured in all ways. For the purpose of
security, the Nominated Maintenance Agency would be free to restrict and regulate
the entry of visitors into the Complex.

20
 I
I (f) Permitted Use & No Nuisance and Annoyance

I The Allottee(s) shall use the Unit for purposes in accordance with the Act and shall
not store any goods of hazardous or combustible nature or which can cause damage to
the structure and / or assets of the other occupants or equipments in the Complex or
I use the Unit or for any activity other than for the purpose and shall not put to use the
Unit for any immoral, illegal or hazardous activity which would in any manner
I jeopardize the Company's goodwill or reputation. The Allottee(s) shall indemnify and
keep and hold the Company indenmified from all losses, damages and such other
costs and expenses, which may arise out of such non-compliance of any laws, rules
I and regulations by the Allottee(s). The Allottee(s)' occupancy and use of the Unit
shall be in such a manner so as not to cause any nuisance, annoyance or disturbance to
the other occupants of the Complex.

(g) Interior Maintenance & Insurance

The Allottee(s) shall with prior written approval and consent from the Company carry
out all the interiors and refurbish the Unit at its own cost and expense and shall also
have the right to change flooring, wall finish, install partitions, air-conditioning
unites), other electrical or electronic appliances so lung as the same does not affect the
Ix structure of the building I or cause any damage tu the structure in any way. The

II
Alluttee(s) agrees amI uuJelstallds that the insurance and the intcriors of thc Unit shall
be hislher/their/its responsibility and the Company shall not in any <.;ase be helJ liabIt:
for any loss or damage arising out of or on account of any neglect or omission of the
Allottee(s) his agents, contractor or anyone claiming under himlher/themlit.

(h) Signage

ii The Allottee(s) agrees and undertakes that it shall not display any name, address ,

,
signboard, advertisement material, billboards, hoarding, or advertisements etc. on the
external fayade of the Unit, tower and/or the Complex. The Allottee would be
permitted to place~jts name only at the designated place specified by the Company in
Ifi··
this behalf.

}'

(i) Alterations in the Unit

I (i) The Allottee(s) shall not make any such additions or alterations in the Unit so
I
~..',
as to cause blockage or obstruction in the common areas and facilities within
the Complex and / or to cause any structural damage or encroachment to the
structure of the building(s) / tower in the Complex.
I
(ii) The Allottee(s) shall not demolish any structure of the Unit or any portion of
the same or cause to make any new construction in the Unit without the prior
I approval and consent of the Company. The Allottee(s) however undertakes
that it shall not divide/sub-divide the Unit in any manner. The Allottee(s) shall
I not change the color and structure ofthe external fayade of the Unit.

I 21
 (j) Registration of Address

In case of joint allotment, all communication, dc:mand notices etc. shall be sent by
the Company to the Allottee(s), whose name appears first and at the address given by
him/her/themlit, which shall for all purposes, be considered as served on all the
Allottee and no separate communication shall be sent to the other named Allottee(s).
Any consent and I or discharge by the first named holder shall be valid discharge I
consent on behalf of all other co-holders to the Company in relation to such Unit.

It shall be the responsibility of the Allottee to inform the Company by registered AID
post about all subsequent changes in his address , if any, failing which all demands,
notices and letters posted at the address as filled in the Application will be deemed to
be the address for any correspondence.

12. BULK SUPPLY OF ELECTlUCITY

(i) The A Ilottee(s) herein undcrtakes to abide by all the conditions of the sanction
of the bulk supply and to pay on demand proportionate share of all deposits or
charges paid or paya hl~ hy the Company and I or Nominated Maintenance
Agcncy, to whom the permission to receive and distribute bulk supply of
electricity is granted. Subject to forgoing, Allottee(s) may be required by the
Company and I or Nominated Maintenance Agency to exccutc appropriate
documents for such purposes, as may be deemed necessary by the Company
and I or any concerned authority.

(ii) Power Backup

The Company shan install adequate equipmcnt for power backup facility
common to all Unit at no additional installation cost to the Allottee(s). The
said pO\ver bacK up facility shall be usage based and the Allottee(s) shall
regularly pay its proportionate share of costs, charges, expenses etc. incurred
by the Nominated Maintenance Agency in providing the same. It is however
accepted by the Allottee(s) that the availability of the said power back-up shall
be on terms as may be specified by the Company and I or its Nominated
Maintenance Agency. The Allottee(s) accepts that it shall not claim any
damage I loss whether direct or consequential from the Company I Nominated
Maintenance Agency or body providing the same in the event of default on the
part of the Nominated Maintenance Agency I association of owners I body
providing the same and I or low voltage, low frequency, inconsistent or non
availability of the same, for reasons beyond the control of the Company I
Nominated Maintenance Agency I any other body providing the same.

13." ASSOCIATION OF OWNERS

The Allottee undertakes to join the association of the owners as may be formed by the
,Company on behalf of the occupants I owners
22
 I membership charges thereof and to complete all such documentation I formalities as
may be required as and when deem necessary by the Company, failing which the
I same shall be treated unpaid proportion of the Sale Consideration payable by the
Allottee(s) herein for the said Unit. An application form, for the formation of
I association, declaration and membership form duly executed by the purchaser, for the
purpose of enrollment as a member of such association is attached hereto as
Annexure VII.
I Thl: Allottee(s) shall from time to time sign all applications, papers, documents,
Maintenance Agreement and all other relevant papers, as required in pursuance to this
I transaction and to do all the acts, deeds and things as the Company may require for
safeguarding the interests of the Company and other Allottee(s) in the Complex.

13A. TIME IS THE ESSENCE

(3) Tt is specifically and categorically understood and agreed by the Allottee(s) that time
is the essence with respect to the Allottee(s)' obligations to perform or observe all the
other obligations of the Allottee(s) under this Agreement and / or to pay thc Sale
Consideration along with other payments such as applicable stamp duty, registration
fee and other charges stipulated under this Agreement to be paid on or before due date
or as and when demanded by the Company as thc casc may be.

(b) It is also specifically and categorically understood and agreed by the A Ilottee(s) that
the Company shall not be obliged to send demand notices and I or reminders
regarding the payments to be made by the Allottee(s) as per the Schedule of Payments
in Annexure - 11 or obligations to be performed by the Allottee(s).

14. DELAY IN PAYMENTS

(a) (i) Notwithstanding anything contained in clause 21.1, in case of delay in making
any payment reserved herein, by the Allottcc(s) the Company shull have the
right to terminate the Agreement and forfeit Earnest Money. The Company
shall also be entitled to charge interest @ 15% p.a. compounded at the time of
every succeeding installment from the due date of installment, till the date of
payment as per the Schedule of Payments as stated in Annexure- II.
(ii) Without prejudice to the generality of the above, incase of any delay in
I payment of any other [i.e. other than the installments due in terms of
Annexure -II] amount or charge as reserved in this Agreement including
without limitation enhancements in EDC and IDC in terms of clause 1.2 (f)
I and 1.2 (g), payment of charges towards PLC under clause 1.2 (e) (ii),
electricity or water meter deposits etc, the same shall be paid by the Allottee(s)
I within thirty (30) days of the demand being raised by the Company. On failure
of such payment being made by the Allottee(s), the Company shqll have the
right to terminate the Agreement and forfeit Earnest Money'. .thout
I x

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I
 prejudice to the above, the Company shall also be entitled to charge interest @
15% p.<L compounded from the date when such amounts due in tel111S of the
demand letters issued by the Company till the date of payment as per the
Schedul e of Payments as stated in Annexure- II.

(b) However, the Company may in its sole discretion, waive its right to terminate this
Agreement, and enforce all the outstanding payments and seek specific performance
of this Agreement. In such a case, the Parties agree that the possession of the Unit will
be handed over to the Allottee(s) only upon the payment of all outstanding dues,
penalties etc., along with interest by the Allottee(s) to the satisfaction of the
Company.

15. POSSESSION

(a) Time of handing uver the Possession

(i) That the possession of the Unit in the Complex shall be delivered and handed
over (0 the Al1ottee(s), within thirty six (36) months of the execution hereof,
subject however to the Allottee(s) having striclly complied with all the tenns
and conditions of this Agreement and not being in default under any
provisions of this Agreement and all amounts due and payable by the
Allottce(s) under this Agreement having been paid in time to the Company.
The Company shall give notice to the Allottee(s), offering in writing, to the
Allottee to take possession of the Unit for his occupation and use ("Notice of
Pos·scssion").

(ii) The Allottee(s) agrees and understands that the Company shall be entitled to a
grace period of o)?-e hundred and twenty (120) days over and above the period
more particularly specified here-in-above in sub-clause (a) (i) of clause 15, for
applying and obtaining necessary approvals in respect ofthe Complex.

(b) Subject to Clause 32 and notwithstanding anything contained in sub-clause (a) of

clause 15 and clause 17, in the following circumstances, the date of possession shall
get extended accordingly:

(i) If, the completion of the Complex including the Unit is delayed by reason of
non-availability of steel and / or cement or other building materials, or water
supply or electric power or on account of any force- majeure reasons or due to
delay in sanction of any revised building / zoning plans or for any other
reasons beyond the control of the Company, then the Allottee(s) agrees that
the Company shall be entitled to a reasonable extension of time for handing
over of the possession of the said Unit.

(ii) The Company as a result of such a contingency arising reserves the right to
alter or vary the tenns and conditions of this Agreement · r if the
x 24
 circumstance ~ beyond the control of the Company so warrant, the Company
may suspend the construction of the Complex and this Agreement for such
period, as it may consider expedient. The Allottee(s) agrees not to claim
compensation of any nature whatsoever of this Agreement for the period of
suspension of the construction of the Complex and this Agreement.

(iii) If as a resu): of any law that may be passed by any legislature or rule,
regulation or .i udicial order or notification that may be made and I or issued by
the governme nt or any other authority including a municipal authority or on
]I account of de ~ ay in sanctioning of plans or any other sanctions or approval for
development ,x issuance of occupation certificate by appropriate Authorities,
due to which the Company is not in a position to hand over the possession of
I the Unit, then the Company may, if so advised, though not bound to do so, at
its sole discre j on challenge the validity, applicability and I or efficacy of such
legislation, ru le, judicial order or notification by moving a petition before the
I appropriate c Jurts, tribunal(s) and I or authority. In such a situation, the
money(ies) paid by the Allottee(s) in pursuance of this Agreem ent, shall
I continue to remain with the Company and the Allottee(s) agrees nOt to move
for or to ohta n spp.c.ific perform:1l1ce of the term$ of this Agreement, it bcing
specifically a grccd that this Agreement shall remain in abeyance till final
I determination by the court(s) I trihunal(s) I authority(ies). However, the
Allottee(s) 1l1 , ~y, if he I she so desires, become a party along with the Company
I in such litiga tion to protect Allottee(s)' individual rights arising under this
, Agreement.

, (v) Further, in th (~ event the Company succeeds in its challenge to the impugned
legislation, rule, regulation or order, as the case may be, it is hereby agreed
that this Agre ~ment shall stand revived and the Parties shall bc liable to fulfill
all obligatiom: as provided in this Agreement.

I (vi) Huwever, ~ln the event the aforesaid challenge by the Company to the
impugned legislation, order, rule or regulation does not succeed and the said
I legislation, order, rule, or regulation becomes final, absolute and binding, the
Company will refund the money(ies) paid by the Allottee(s) in pursuance of
this Agreeme 'l t along with an interest calculated at 9 % p.a. (simple interest)
I on the amoun t(s) paid by the Allottee(s) for such period of delay, after making
payments of the statutory dues and secured creditors and after deducting
I interest', on dd ayed payments, processing fee etc, and any other expenses
attributable to the said Unit. Save as otherwise provided herein, the Allottee( s)
shall not ha, 'e any other right or claim of whatsoever nature against the
I Company under or in relation to this Agreement.

I (vii) That the Allottee(s) agrees and accepts that in case of any default I delay in
payment as pi~r Annexure II, the date of handing over of the possession shall
I be extended accordingly solely on the Company's discretion till the payment
of all outstan< ling amounts to the satisfaction of the Company.

I 25

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 16. PROCEDURE FOR TAKING POSSESSION

(a) Upon receiving the intimation in writing from the Company, the Allottee(s) shall
within thirty (30) days take possession of the said Unit in the complex from the
Company by executing necessary indemnities, undertakings, and such other
documentation as the Company may prescribe. The Company shall, after satisfactory
execution of such documents and payment by the Allottee(s) of all the dues under this
Agreement including the payment towards stamp duty and registration charges,
permit the Allottee(s) to occupy the Unit, on the terms and conditions contained in
this Agreement. If the Allottee(s) fails to take possession of the Unit as aforesaid
within the time limit prescribed by the Company in its notice, then the said Unit shall
lie at the risk, responsibility and cost of the Allottee(s) in relation to all the outgoing
cess, taxes, levies etc and the Company shall have no liability or concern thereof and
further that the Company shall also be entitled to holding charges as provided under
clause 18.1 (a).
(b) Subject to the Allottee(s) making all payments under this Agreement, the Company
shall prepare and execute along with the Allottee(s) a conveyance deed to convey the
title of the said Unit in favor of Allottee(s) but after payment of stamp duty,
registration charges, incidental expenses for registration, legal expenses for
registration and all other dues as set forth in this Agreement or as demanded by the
Company from time to time prior to the execution of the Conveyance Deed. The 1

,
Parties agree that aftcr thc Allottcc(s) has providcd all the details, documents as
provided in the written notice as stated .in this clause and / or other documents
required for the purpose of registration of the conveyance deed, the Company shall
I
make all reasonable efforts to get the conveyance deed registered within a reasonable
time. The Allottee(s) agrees and undertakes to make him / her / it available for the .
purpose of registration on the date(s) as informed by the Company.
(c) Tl1e Allottee(s) agrees that if the Allottee(s) is in default of any of the payments as
afore-stated, then the Company shall have the right to withhold registration of the I
Conveyance / Sale Deed in his / her fuvur till full uml final s<..:ttll:m<..:nt of all ducs to
the Company is made 'by the Allottee(s). The Allottee(s) undeltakes to execute
Conveyance / Sale Deed within the time stipulated by the Company in its written
I
notice, failing which the Allottcc(s) authorizes the Company to cancel the allotment
and terminate this Agreement in terms of Clause 21 of this Agreement and to forfeit
I
Earnest Money, processing fee, interest on delayed payment, any interest paid, due or
payable, any other amount of a non-refundable nature and to refund the balance I
amount deposited by the Allottee(s) without any interest in the manner prescribed in
Clause 18 herein below.
I
(d) The Allottee( s) shall be solely responsible and liable for compliance of all applicable
laws including but not limited to the Act, Transfer of Property Act, 1882, the
I
provisions of Indian Stamp Act, 1899 (or any modification thereof) including any
actions taken or penalties imposed by the competent authority(ies). The Allottee(s) I
, further undertakes to indemnify .and keep and hold the Company indemnified and
harmless against all claims, demands, actions, proceedings, losses, damages,
recoveries, judgments, costs, charges and expenses which may be made r brought or
I
26
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 I
I commenced against the Company, for non-compliance with any provisions of law in
respect ofthe Unit.
I
17. COMPENSATION
I
(a) In case the Company is not able to hand over the possession to the Allottee(s) in terms
I of the timelines as stated in clause 15(a)(i) [provided however contingencies stated in
clause J5(b) have nol occurred], in such an evenllhe Al1oUee(s) shall he enlitled to an
interest calculated at 9 % p.a. (simple interest) on the amount(s) paid by the
I Allottee(s) for such period of delay.

I (b) The Allottee(s) agrees that the compensation as payable under Clause 17(a)

I 'ii"
hereinabove shall be payable only at the time of payment 'of last installment after
Allottee(s) fulfills all the condition as stated in clause 16(b).

I (c) The Allottec(s) agrces and undcrstands that thc compcnsation as mentioned
hereinabove, that may become payable to the Allottee(s), will be paid only if the
Allottee(s) has not defaulted and or breached the terms of this Agreement or defaulted
in payments as per the payment plan annexed hereto this Agreement.

18. FAILURE TO TAKE POSSESSION

18.1 It is agreed by the Allottee(s) that in the event of the failurenf the Allottee(s) to take
the possession of the said Unit in the manner as aforesaid in Clause 16, then the
Company shall have the option to cancel this Agreement and avail the remedies as
stipulated in Clause 21 of this Agreement or the Company may, without prejudice to
its rights under any of the clauses of this Agreement and at its sole discretion, decide
to condone the dclay by the Allottee(s) in taking over the said Unit in the manner as
stated in this clause on the condition that the Allottee(s) shall pay to the Company the
following amount:

(a) 50 % of the maintenance charges per month from the date of the possession
original.ly to be transferred to the Allottee ('Deemed Possession ').

(b) Delayed payment interest as set out in clause 14(a)(i).

I It is agreed by Allottee(s) that the Company also has the right to withhold conveyance
or handing over for occupation and use of the said Unit, till . the time charges with
I applicable overdue interests, are fully paid. .

I 18.2. It has been agreed by the Allottee(s) that the charges as stipulated in cla,use 18.1(a)
shall be a distinct charge and shall be in addition to maintenance charges or any other
I. X
duties, cess, taxes, levies etc which shall be payable at the risk, responsibilit
27

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 of the Allottee(s). Further, the Allottee(s) agrees that in the event of his/her failure to
take possession of the said Unit within the time stipulated by the Company in its
Notice of Possession, the Allottee(s) shall have no right or any claim in respect of any
item of work in the said Unit which the Allottee(s) may allege not to have been
carried out or completed or in respect of any design specifications, building materials,
use or any other reason whatsoever and that the Allottee(s) shall be deemed to have
been fully satisfied in all matters concerning construction work related to the said
Unit in the Complex.

19. PERMITTED USE

(a) Notwithstanding anything to the contrary in this Agreement, the Company has
undertaken and represented to the Allottee(s) that it shall, on or prior to the receipt of
the occupancy certificate for the Complex and in any case prior to the execution of the
Sale / Conveyance Deed, pay all applicable conversion charges and additional license
fee at applicable rates, to ensure that the Allottee(s) uses the Unit in the Complex for
the purposes intended, without there being any likelihood of any dcmand or claim
being raised towards such use of the Unit against the Allottee(s). The Company
furt.her assures the Allottee(s) that the Company shall be solely responsible for
making payment of all applicable chargcs as aforesaid and under no eventuality, the
Allottcc(s) shall be asked or directed to make any payment or suffer any demand or
claim [or the said purpose.

(b) In the event, the Company fails and / or neglects, for any reason whatsoever, to take
appropriate and requisite steps including payment of all applicable charges and levies
for converting the use to office use, in tenns of the time lines as stated here-in-above,
the Allottee(s) shall be entitled to seek refund of the amounts paid by it to the
Company and the Company confinns and undertakes that it shall in 's uch circumstance
refund all amounts received hy it from the Allottee(s) towards Sales Consideration
and all other applicable -charges and payments as reserved herein, with 9 (nine) %
interest thereon. The Company waives its right and agrees to not raise any dispute or
claim whatsoever in this regard.

(c) Notwithstanding anything contained in clause 19(a) and 19(b) above, the Allottee( s)
hereby agrees to indemnfy and keep the Company indemnified against any penal
I
action, damages or loss due to misuse of the said Unit for which the Allottee(s) shall
be solely responsible. If the Allottee(s) uses or pennits the use of the said Unit for any I
purpose other than as provided for in this Agreement, then the Company / Nominated
Maintenance Agency appointed by the Company may send a notice to the Allottee(s)
to rectify/ cure the defect within a period of thirty (30) days and use the Unit in
I
accordance with the tenns as stated in this Agreement. In case the Allottee(s) does not
cure / rectify the defect, the Allottee(s) shall be required to pay penalty / damages @. I
Rs. 1~O/'- per square ft., per day to the Company till the default is not cured / rectified.
The Company will also be entitled to disconnect the water and electricity connection
of the defaulting Allottee(s) in case the default is not cured by the Allottee(s) within I
aforesaid thirty (30) days time period.

28
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I 20. MAINTENANCE AFTER POSSESSION

I
(a) The Allottee(s) shall, after taking possession of the Unit, be solely responsible to
maintain the said Unit at his / her own cost, in a good repair and condition and shall
I not do or cause to be done anything in or to the said Unit in the Complex, or the
staircases, lifts, common passages corridors, circulation areas, atrium or the
I compound, which may be in violation of any laws or rules of any authority or change
or alter or make additions to the said Unit. It has been further agreed by the
Allottee(s) to keep the said Unit, its walls and partitions, sewers, drains, pipes and
I appurtenances thereto or belonging thereto in good, tenable and proper condition and
ensure that the support, shelter etc. of the tower or pertaining to the said Complex in
which the said Unit is located is not in any way damaged or jeopardized.

(b) The Allottee( s) shall not change the color scheme of the outer walls or painting of the
exterior side of the doors and windows etc. or carry out any change in the exterior
elevation or design. The non-observance of the provisions of this clause shall entitle
the Company or the Nominated Maintenance Agency, to enter the Unit, if necessary
anJ remuve all lion-conforming fittings and fixturcs at thc cost and cxpense of the
Allottee(s). The Allottee(s) shall be responsible for any loss or damages arising out of
breach of any of thc aforesaid conditions.

(c) That t1e Allottee(s) recognizes that the Unit in the Complex are being serviced by the
Nominated Maintenance Agency and that any external agency would be detrimental
to the interests of the COIIlplex'~ maintenance and upkeep.

21. EVENTS OF DEFAULTS AND CONSEQUENCES

21.1 1t is specifical1y waJe clear to the Allottee(s) that the Allottee(s) shall perform,
l;umply, abide and adhere to all covenants and obligations required to be performed or
complied with under this Agreement. Any default, breach, or non-compliance of any
of the terms and conditions of this Agreement shall be Jeemed to be an event of
default which shall be liable for consequences stipulated herein. The following are the
I events of default, which shall include but limited to the following:

(a) Failure to. perform and observe any or all of the Allottee(s) obligations as set
I forth in this Agreement or to perform any other occupancy obligation, if any, set
forth in this or any other related Agreement.
I
(b) Failure to take over the Unit for occupation and use within the time stipulated by
the Company.
I
(c) Failure to execute the Conveyance / Sale Deed within the time stipulat
I Company or the relevant authorities.

I 29

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I
 (d) Failure to exet ute Maintenance Agreement and / or to pay on or before its due
date the maint ,~nance charges, maintenance security or any increases in respect
thereof, as den landed by the Company and / or its nominee and / or other body
from time to time.

(e) Pursuant to a request by the Company, failure to become a member of the

association of l llottee(s) or to pay subscription charges etc. as may be required
by the Company or association of aIIottee(s), as the case may be.

(f) Assigrunent of :his Agreement or any interest of the AIIottee(s) in this Agreement,
without prior written consent of the Company or without payment of transfer
charges or not executing prescribed documents as asked by the Company for
transfer, as may be fixed by the Company from time to time.

(g) Dishonor / stoppage of payment of any cheque(s) including post dated cheques
given by Allott ,~e(s) for any reason whatsoever.

(h) Sale / transfer / disposal / dealing with, in any manner, with the reserved parking
space independ ent of the Unit

(i) Any other acts, deeds or things which the Allottee(s) may commit, omit or fail
to perform in terms of this Agreement, any other undertaking, de ~d etc, as
demanded by t he Company which in the opinion of the Company amounts to an
event of default and shall be final and binding on the Allottee(s),

(j) Any brea'ch of any of the Allottee(s) obligations and dut'ies under the
Maintenance Agreement and any building rules as may be prescribed by the
association / th e Company / Nominated Maintenance Agency in respect of the
use and occupa::ion of the Unit.

21.2 Upon the occurrenc e of any of event(s) of default in respect of covenants and
obligations under thi ~; Agreement or Maintenance Agreement, or any violation of bye- '
laws / house / building rules as may be prescribed the Company may:

(a) (i) In case the possession has not been handed over to the Allottee(s) due to
the default envisaged under this clause: the Company may give notice to the
Allottee(s) fOJ: rectifying the default within thirty (30) days from the receipt of
notice, ("Default Notice") failing which the Agreement shall stand cancelled!
terminated without anything further. Unless and until the Allottee(s) rectifies
the event of default, the Company shall not be obliged to enter into Sale Deed
and that the Allottee(s) shall be liable to pay charges as provided herein. The
Allottee(s) sp.x ifically agrees and covenants that if the default is not cured /
rectified with in such thirty (30) days, this Agreement shall be automatically
cancelled without any further notice and the Company shall have the right to
retain the enti re Earnest Money as specified in this Agreement along with the

30

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-
I processing fee, interest on delayed payments, any interest paid, due or
payable, any other amount of a non-refundable nature.
I
(ii) The Allottee(s) agrees that upon cancellation of this Agreement, the Company
I will be released and discharged of all liabilities and obligations under this
Agreement and the Company shall have the right to resell the Unit and the car
I parking space to any third party or deal with the same in any other manner as
the Company may in its sole discretion deem fit, as if this Agreement had
never heen executed and without accounting to the Allottee(s) for any of the
I proceeds of such sale. It is clarified that after cancellation of the Agreement,
the Allottee(~) ~hall be left with no right. title, interest or lien over the said
Unit and the parking space in any manner whatsoever.

(h) In rase the possession has been handed over to the AJlottee(s): the Company
may send Default Notice to the Allottee(s) to cure I rectify the default within a
period of thirty (30) days. In case the default as stated in the Default Notice is not
cured I rectified by the Allottee(s). the Allottee(s) shan he required to pay penalty
@ Rs. 1001- (Rupees One Hundred Only) per square ft. per day to the Company
till the time default is not eured I rectified. The Company \\'i11 also be entitled to
disconnect the electricity I water connection, as also other amenities, of the
defaulting Allottee( s) in case the default is not cured by the Allottee(s) within
thirty (30) days. The Allottee(s) also agrees and understands that the Company
shall have first charge I lien on the said Unit in respect of any such non-payment
of penalty I damage" as stated above.

21.3 The exercise of above remedies is without prejudice to the other rights of the
Company as stated here under:

(i) The Allottee(s) agrees that the Company shall have the right to make additions
to or put up additional stmctures in I upon the said Complex I tower I building
or anywhere' in the said Land as may be pennitted by the competent authorities.
Such additional stmchlres shall be the sole property of the Company, which the
Company will be entitled to dispose off in any way it chooses without any
interference by the Allottee(s).

(ii) The Allottee(s) agrees that the Company, at its own cost, shall be entitled to
connect the electric, water, sanitary and drainage fittings on the additional
stmcturesl stories with the existing electric, water, sanitary and drainage fittings
on the additional structures. The Allottee(s) further agrees and undertakes that
hel she/theylit shall after taking possession of the said Unit or at any time
thereafter, not object to the Company constructing or continuing with the
construction of the other building(s)1 blocks inside and I or outside I adjacent to
I the said property or claim any compensation or withhold the payment of
maintenance and other charges as and when demanded by the Company on the
ground that the infrastructure required for the said Complex is not yet complete.
I Any violation of this condition in cases of breach, non-payment, ..pefaults etc
shall entitle the Company to seek remedies provided under this Agr ',' m t.
I 31
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, ~0
 (iii) The Allottee(s) agrees that upon such cancellation of this Agreement, the
Company will be released and discharged of all liabilities and obligations under
this Agreement and the Allottee(s) hereby authorises the Company that the Unit
in the Complex may be sold to any other party by the Company or dealt in any
other manner, as the Company may, in its sole discretion, deem fit as if this
Agreement had never been executed and without accounting, to the Allottee (s),
for any of the proceeds of such sale. In the event of the Company electing to
cancel this Agreement, the Company will refund the amount recei ved from the
Allottee (s) after deducting the amounts as afore-said, but only after realizing
such refundable amount on further salel resale to any other party. It is clarified
here that after refund, by the Company to the Allottee(s), of the above-said
amount, the Allottee(s) shall have no right or interest under this Agreement in
any manner whatsoever.

22. MAINTENANCE

(a) The Allottee(s) hereby agrees and undertakes that he/she/theylit shall enter into a
separate Maintenance Agreement as per the draft provided at Annexure VIII with the
Nominatcd Maintenance Agency as may be appointed or nominated by tht ClllllpaflY
[or the maintenance oftile Complex and the common arcas, therein.

(b) The Allottcc(s) further agrees and undertakes to pay the indicative and approximate
maintenance charges as may bc levied by the Nominated Maintenance Agency for the
upkeep and maintenance of the Complex, its common areas, utilities, equipment
installed in the Complex and such other facilities forming part of the Land. Such
charges payable by thc Allottee(s) . will be subject to escalation of such costs and
expenses as may be levied by the Nominated Maintenance Agency. The Company
reserves the right to change, modify, amend, and impose additional conditions in the
Maintenance Agreement at the time of its final execution.

(c) In addition to thc payment of the maintenance charges to be paid by the Allottee(s),
the Allottee(s) agrees and undertakes to pay interest free maintenance deposit @ 150
sy: ft. calculated on the Super Area of the said Unit and the same shall be paid by the
Allottee(s) as and when demanded by the Company.

(d) The Allottee(s) further undertakes to abide by the terms and conditions of the
Maintenance AgreeIll:ent and to pay promptly all such demands, bills, and charges as
may be raised by the Nominated Maintenance Agency from time to time. The
Company reserves the right to change, modify, amend, add, delete and lor impose
such additional conditions in the Maintenance Agreement at its sole discretion from
time to time.

(e) The Allottee(s) agrees that any violation of the terms of the Maintenance Agreement
shall automatically be construed as an event of default under the terms of this
Agreement. The Allottee(s) hereby conveys hisl herltheirlits no objection in respe~t of I
the said Nominated Maintenance Agency.

x 32
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I (f) The Allottee(s) agrees that the Company or its Nominated Maintenance Agency shall
carry out the maintenance of common services and facilities pertaining to the said
I Complex from the date of issue of Notice of Possession to the Allottee(s) on pro-rata
basis irrespective of whether the Allottee(s) is / are in actual possession of the Unit or
not. The Allottee(s) agrees to permit the Company or its Nominated Maintenance
I Agency to enter into the Unit or any part thereof, after due notice in writing and
during the normal working hours, unless the circumstances warrant otherwise, for the
I purpose of inspection and also with a view to carry out the maintenance of common

,
services and facilities and to set right any defect(s) in the Unit, above or below the
Unit. Any refusal of the Allottee(s) to give such right to entry will be deemed to be a
I violation of this Agreement and the Company shall be entitled to take such actions as
it may deem fit. It is understood by the Allottee(s) that the maintenance and insurance
of individual Unit shall always remain the responsibility of the Allottee(s).

I (g) In order to secure due performance by the Allottee(s) for the payment of the
maintenance bills and other charges raised by the Nominated Maintenance Agency

I including without limitation for repair / replacement of equipment and machinc;s

installed within, ovc;r or under the Complex, the AlloUec;(s) agrec;s to deposit, as per
the schedule of payment and to always keep deposited with the Company the interest
free maintenance deposit as specified here-in-above. In event the Allottee(s) fails and
or neglects to pay the maintenance bill, other charges on or before the due date, then in
such an event the Allottee(s) shall not be entitled to receive the services being rendered
by the Nominated Maintenance Agency and in addition thereto the Company shall also
have the right to adjust unpaid amount against maintenance bills out of the security
deposit. The Company shall handover the corpus so collected, .after settlement of
accounts I adjustment of outstanding amounts, if any, to the society / association as and
when the same is formed.

(h) The actual maintenance charges shall be informed at the time of giving possession of
the TJnit when the Maintenanee Agreement wOlllcl eomplllRnrily he exeel1tecl hy (Inri
between the Allottee(s), the Company and the Nominated Maintenance Agency in the
standard agreement format as provided by the Company and/or Nominated
Maiiltenance Agen:cy. It is furiher agreed and acknowledged by the Allottee(s) that the
maintenance charges to be paid by him in respect of the maintenance services shall be
independent of the amount of interest which is accruing on deposit or more specifically
maintenance charges shall be payable as per the bills of the Nominated Maintenance
Agency without considering the interest element as stated hereinabove.

(i) The scope of maintenance and general upkeep of various common services within the
Complex, shall broadly include but not be limited to operation and maintenance of
lifts, generators including diesel, fire fighting system, garbage disposal and upkeep of
common areas, water supply, sewerage system, common area lighting. The service
outside the Unit but within the Complex shall include maintenance of internal roads,
pathways, boundary walls/fencing, horticulture, drainage system, street lighting, water
supply, general watch, security and such other services within the Complex.
 23. PURCHASE NOT DEPENDENT ON FINANCING CONTINGENCY

The Allottee(s) may obtain finance from any financial institutionlbank or any other
source but the Allottee(s) obligation to purchase the said Unit and making of all
payments pursuant to this Agreement shall not be contingent on his/ her/theirlits ability
or competency to obtain such financing, and the Allottee(s) will remain bound under
this Agreement whether or not the Allottee(s) has / have been able to obtain financing
for the purchase of the said Unit.

24. INSURANCE

The structure of the said Complex shall be insured against fire, earthquake, riots and
civil commotion, militant action etc., by the Company or the Nominated Maintenance
Agency, on behalf of the Allottee(s) and the cost thereof shall be payable by
Allottee(s) as the part of the maintenance bill raised by the Nominated Maintenance
Agency, however the contents inside each Unit shall be insured by the Allottee(s) at
his/her own cost. The cosl of insuriIlg the building structure shall be recovered from
the Allottee(s) as a part of the total maintenance charges and the Allottee(s) shall not
do or permit to be done any act or thing which may render void or voidable, insurance
of any Unit or any part of the said building or cause increased premium to be payable
in respect thereof for which the Allottee(s) shall be solely responsible and liable.

25. HARYANA APARTMENT OWNERSHIP ACT, 1983

(a) The Allottee(s) has confinned and assured the Company prior to entering this
Agreement that he/she has read and understood the Act and its implications thereof in
relation to the various provisions of this Agreement and the Allottee(s) has fUliher
confirmed that he/she/tl).yylit is in full agreement with the provisions of this Agreement
in relation to the Act and shall at all times comply, as and when applicable and from
time to time, with the provisions of the any other laws dealing with the matter.

(b) If the said Unit and the Complex in which it is located is subject to the Act or any
statutory enactments or modifications thereof, the common areas and facilities and the
undivided interest of each Unit owner in the common areas and facilities as specified
by the Company in the declaration which may be filed by the Company in compliance
with the Act, shall be conclusive and binding upon the Allottee(s) and the Allottee(s)
agrees and confirms that hislher/theirlits right, title and interest in the said Unit in the
Complex shall be limited to and govemed by what is specified by the Company in the
declaration, which shall be in strict consonance with this Agreement.

26. ' BINDING EFFECT

(a) Forwarding this Agreement to the Allottee(s) by the Company does not create a
binding obligation on the part of the Company or the Allottee(s) until firstly, the
Allottee(s) signs an~i delivers this Agreement with all the Annexures a Sc edules
X 34

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\;'1',. O/{_ :::;;~:::.>·

.---•.---:::" -~'
 along with the payment(s) due as stipulated in the Schedule of Payments in Annexure
- II at the address of the Company within thirty (30) days from the date of dispatch by
the Company and delivered to the Allottee(s) .

(b) If the Allottee(s) fails to execute and deliver to the Company this Agreement within
thirty (30) days from the date of its dispatch by the Company, then the Application of
the Allottee( s) shall be treated as cancelled and the Earnest Money paid by the
Allottee(s) shall stand forfeited.

27. ASSIGNMENT
This Agreement or any interest of Allottee(s) in this Agreement shall not be assigned
by the Allottee(s) without prior written consent of the Company, which consent may
be given or denied by the Company in its solc discrction and shall bc subject to all
applicabJe laws and notifications or any government directions as may be in force and
further shall be subject to this Agreement and the terms, conditions and charges as the
Company may impose. The Allottee(s) shall be solely responsible and liable for all
legal, monetary or any other consequences that may arise from sllch assignments Hnd
the Company shall have no direct or indirect involvement in any manner whatsoever.
Any purported assignment by the Allottee(s) in violation of this Agreement shall be a
default on the part of Allottee(s) entitling the Company to cancel this Agreement and
to avail of remedies as set forth in clause 21 of this Agreement.

28. ENTIRE AGREEMENT

This Agreement along with the Application, preamble, recitals and all its Annexures
and Schedules is the only Agreement touching upon the purchase ofthe said Unit by the
Allottee(s) and constitutes the entire Agreement between the Parties with respect to the
subject matter hereof. This Agreement along with its annexes supersedes any and all
understandings, any other Agreement, correspondences or arrangement whether written
or oral, if any, be~een the Patties. Tllis Agreement or any provision hereof cannot be
orally changed, terminated or waived. Any changes or additional provisions must be set
forth in writing in a separate Agreement signed between the Parties.

29. PROVISIONS OF THIS AGREEMENT APPLICABLE TO OCCUPIERS I

SUBSEQUENT ALLOTTEE(S)
It is dearly understood and so agreed by and between the Parties hereto that all the
provisions contained herein and the obligations arising hereunder in r~spect of the said
Unit in the Complex shall equally be applicable to and enforceable against any and all
occupants, tenants, licensees and I·or subsequent allottee(s) / assignee(s) of the said
Unit, as the said obligations go alongwith the said Unit for all intents and purposes.

30. WAIVERNOTA LIMITATION TO ENFORCE

No waiver of any breach of any provision of this Agreement shall constitute a waiver
of any prior,concurrent or subsequent breach of that provision or any ot~~r provision
of this Agreement. No waiver shall be effective unless made in writing anti. si by
an authorized representative of the waiving Party.

S~4~~ ~~~:d:?S
35

..•,,--:~
31. SEVERABILITY
If any provision of this Agreement shall be detennincd to bc illcgal, invalid or
unenforceable under any applicable law, such provisions shall be deemed amended or
deleted in so far as reasonably inconsistent with the purpose of this Agreement and to
the extent necessary to confonn to the applicable law and the remaining provisions of
this Agreement shall remain valid and enforceable as applicable at the time of
execution of this Agreement.

32. FORCE MAJEURE

The Company shall not be held responsible or liable for not perfonning any obligation
or undertaking provided for in this Agreement if such perfonnance is prevented,
delayed or hindered by an act of God, fire, flood, explosion, war, riot, terrorist acts,
sabotage, inability to procure or general shortage of energy, labour, equipment,
facilities, materials or supplies, failure of transportation, strikes, lock outs, action of
labour unions, change in law or of Government (including Local& Municipal
Authorities) or other cause (whether similar or dissimilar to the foregoiug), HoI wilhiu
the reasonable control ofthc Company.

33. INDEMNIFICATION
(a) The Allottee(s) hereby undertakes to keep and hold the Company indemnified and
harmless against all costs, expenses, claims, liabilities and proceedings which may be
caused to or suffered by the Company or made or taken against the Company, which
are directly or indirectly arising out of breach of this Agreement or breach of
representations and 'w arranties made by the Allottee(s) or by any act or' omission)
negligence or fault ofthc Allottcc(s), misrepresentations or willful misconduct, or due
to non-compliance violatiQns or non-compliance of any applicable laws, rules,
pmc.cd\lfcs or any other Jaw~, rules, regulations or directions, policies, guidelines and.
the like in respect of compliance of the tenns of this Agreement or otherwise.

(b) The Allottee(s) agrees and understands that the employees, officials and or any other
authorized person of the Company shall provide relevant and necessary assistance for
completing the procedural fonnalities in executing this Agreement. However, the
Allottee(s) understands that such assistance rendered by the Company's employees,
officials .an4 or any other authorized person shall be provided for and on behalf of the
Company and the erpployee, officials or the authorized person shall in no way be
responsible in their individual capacity. The Allottee(s) agrees and undertakes to
indemnify and keep and hold the employees, officials and or authorized person
hannless and indemnified from any loss, arising out, in relation or in connection of
rendering such assistance.

34. ARBITRA TION

All or any dispute arising out of or touching upon or in relation to the tenns of this
Agreement or its termination, including the interpretation and validity thereof and the
respective rights and oblig~tions of the Parties shall be settled amicably ~ !:!,tual
. <' \...A iD
./ ,,'<,....- . (
36
,":5: { ~
f; -
\~ oe \ ;;j
~ ()
Pzl2J
 discussion, failing which the same shall be settled through arbitration. The arbitration
proceedings shall be governed by the Arbitration & Conciliation Act, 1996, or any
statutory amendments, modifications or re-enactment thereof for the time being in
force. A sole Arbitrator shall be nominated by the anyone of the Directors of the
Company, who shall hold the arbitration proceedings at the registered office of the
Company in at New Delhi or at any other place as may be decided by such Arbitrator.
The Allottee(s) hereby confinns that he shall have no objection to such appointment
even if the person so appointed, as the Arbitrator, is an employee or advocate of the
Company or is otherwise connected with the Company and the Allottee(s) confirms
that notwithstanding such relationship I cOIll1ection and the holding of hearings at the
registered office of the Company in New Delhi, the Allottee(s) shall have no doubts
as to the independence or impartiality of the said Arbitrator and shall not challenge
the same.

35. COPIES OF THE AGREEMENT

Two copies of this Agreement shall be executed in two originals and the Company
shall retain the first and send the second executed copy to the Allottee(s) for hisl her
reference and record.

36. PLACE OF EXECUTION

The execution of this Agreement will be complete only upon its execution by the
Comp,my through its Authorized Signatory at the Company's office at New Delhi
after the copies duly executed by the Allottee(s) are received by the Company. Henee
this Agreement shall be deemed to have been executed at New Delhi even if the
Allottee(s) may have executed this Agreement at any plaee(s) other than New Delhi.

37. NOTICES
All notices referred to in this Agreement shall be in writing and shall be deemed to be
properly given a;a served on the Party to whom such notice is to be given if sent
either by Registered A.D. Post or Speed A.D. Post to the Party at their respective
addresses specified below:

Emaar MGF Land Limited Allottee(s)

Emaar MOF ~usiness Park, Mis. String Management Consultants

Seetor- 28, Mehrauli Gurgaon Road, 32, Lower Ground Floor, Okhla Ind.
Gurgaon - 122 002 (Haryana) AreaPhase III, New Delhi

It shall be the duty of the Allottee( s) to inform the Company of any change subsequent
to the execution of this Agreement in the above address by Registered! Speed Post A.D.
failing which all communications and letters posted at the above address shall be deemed
to have been received by the Allottee(s).

37
38. JOINT ALLOTTEE(S)

In case there are Joint Allottee(s) all communications shall be sent by the Company to
the Allottee(s) whose name appears first and at the address given by himlher/themlit,
which shall for all purposes be considered as served on all the Allottee(s) .

39. LAWS OF INDIA

That the rights and obligations of the Parties under or arising out of this Agreement
shall be construed and enforced in accordance with the laws of India alone.

40. JURISDICTION

The eourtg at (Jurgaon shall alone have the jurisdiction in all matters arising out of I
tOll ching and I or concerning this Agreement

41. INTERPRETATION

Unless the context otheIWise indicates:

(a) A reference to this Agreement or another document includes any variation or

replacement of either of them.

(b) Headings are inserted for convenience only and do not affect the interpretation
of this Agreement.

(c) If a provision of this Agreement is inconsistent with the provision of another

Agreement between the parties made before the date of this Agreement, the
provision of this Agreement prevails.

(d) A reference to a statute or other law includes regulations and instruments

under it and all consolidations, amendments, re-enactments or replacements of
any of them.

(e) A reference to this Agreement incorporates a reference to the Annexures and

Schedules to this Agreement.

(f)

38
-
I
IN WITNESS WHEREOF the Parties hereto have hereunto and to a duplicate copy hereof
I set and subscribed their respective hands at the places and on the day, month and year
mentioned under their respective signatures
I Signed and Delivered by the within named ALLOTTEE(S) in the presence of witness, at
_ _ _ _ _ _ _ _ on _ _ _ _ _ __
I

Passport Size Passport Size Passport Size

Photograph Photograph Photograph
(First/Sole- (Second- (Third-
Allottee) Allottee) Allottee)

4 ",
1" , (2'-'--::-~,=~~~:-,; ,~
t I ~~'/~~
Signature (ofth,~ .fiFst· Signature ofthe Second Signature (of the Third
ISoie AllJ)tte'V::- Allottee): Allottee):

Name: Name: Name

Witnesses: ~ Witnesses:

1. Signature :'- 'vJ rvkv~ 1. Sign at

2. Name: {(o~IT MftYlI1-Yf)tJ 2. Name:
3. Address: 1< -I Ltl RJ{)b-'F-woolJ f-SJt,fr. 3. Address:
I A~~~ '
DL F- ,~, C-- U 1\ ttw fV fVA.-tv- __.Ai.,.....

Signed and Delivered by the within named Company in the presence 0

IfofEMA1W....M2~AND LIMITED
Name:_~~~~~~~I(~.~~~~~~~~_ _ _ _ _ _ _~~-B~~~__
Signature.~~~~~_~~_~~_ _ _ _ _ _ _~~~~~____
Designation: -+_ _ _ _~...""....-_,_G8-=-:..._~_~...;;:~::c.-=eI---,-,-~-,--:",:::.....-_ _..:::=.--==-_ __

" Witnesses :_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____
Address_'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____

39
 ANNEXURE I
DETAILS OF LAND

Village Rectangle No. Killa No. Total Area

K-M
Ghata 35 23min 1-7
51 3min 2 - 13
8min 2 -13
19/ 1 7 - 11
20/1 7-2
52 16/1 / 1 6- 7
Ghata 51 13min 2 - 13
17 8- 0
18 8-0
23 8- 0
, ~
Total 54 fi or 6.79 Acres

40
 ANNEXURE II

SCHEDULE OF PAYMENTS

Sales Order No. 701053

Name Mis. String Management Consultants
Unit no. 05-006
Area 1477.36 Sq. ft.
Rate Rs. 85001- per sq. ft.
Basic Sale Price Rs.12557560.00
Preferential Location Charges (PLC) Rs 369340.00
External Development Charges (EDC) Rs. 153645.00
Infrastructure Development Charges (IDC) Rs. 78300.00
Car Parking Rs. 400000.00
Total Price Rs.13558845.00
INSTALLMENT - PA YMENT PLAN

S.no Linked Stages Due UII % BSP PLC Car Park Total
I On Booking 1U% 2511512 2511512
2 On date of allotment 22/07 /08 7.5% 941817 941817
3 Within 60 dny~ from dllte of nllotmc"Jt 10109/08 7.5~·'u 941817 941817
or commencement of construction,
whichever is earlier
4 On casting of 3rd Basement slab 5% 627878 627878
.~ 5 On casting of 1st Basement slab 5% 627R7R 627878
6 On casling uf Ground Floor Ba~6ment 5%+ EDC+ 50% PLC 781523 184G70 9GG193
Slab
7 On casting of 2M Floor Slab 5%+IDC+50% PLC 706178 184670 890848
8 On casting of 4111 Flou! SiaL 5 ,}~ fi2787fi 627878
On casting of 6'h FI~~r S'lab ,_. -
-~- -- - -". - "

9 ~-
5% 627878 627878
10 On casting of 8'h Floor Slab 5% 627878 627878
11 On casting of lOin Floor Slab 5% 627878 627878
12 On casting of 12'h Floor Slab 5% I Car Parking G27878 400000 1027878
13 On casting of 14'h Floor Slab 5% 627878 627878
14 On casting of 16'h Floor Slab 5% 627878 627878
15 Installation of Services 5% 627878 627878
16 Notice of Possession 5% 627878 627878
Total 12789505 369340 400000 13558845

Notes:

~ Interest Free Maintenance Security (IFMS) @ Rs .1501- per sq.ft~ will be applicable at the time of intimation of
possession.

~ Stamp Duty !Registration charges shall be payable alongwith the last installment

41
 ANNEXURE III
LIST OF COMMON AREAS

Common Area shall mean and include all such parts/areas of the Building/Complex which
shall be used by sharing with other allottee(s) I occupants in the Complex I building
including entrance canopy and lobby, stilt area, atrium, corridors and passages, common
toilets, area of cooling towers, security/fire control room(s), lift shafts, all electrical shafts,
DG Shafts, AC shafts, pressurization shafts, plumbing and fire shafts on all floors and
rooms, staircases, mumties, refuge areas, lift machine rooms, water tanks (both overhead
and underground) electric sub-station and transformers. In addition the entire services areas
in the basements including but not limitcd to DO rooms, AC Plant rooms, underground
water and other storage tanks, pump rooms, maintenance and service rooms, fan rooms and
circulation areas etc., shall be counted towards common area.

Save and except the common areas and facilities described as above, exclusive use covered I
open car parking space on stilt tloor level of building(s) and lor around builrling(s) and the
undivided pro-rata share in the land undemeath the said Unit I building, it is specifically
made clear hy the Company and agreed by the Allottee(s) that he I she shall have no right,
110 title, no interest in any other Jand(s), facilities and amenities within Digital Greens as the
Allottee(s) has not paid any money in respect of such land, areas, facilities ann ~menities
and the Allottee(s) agrees and confirms that the ownership of such lands, areas, facilities and
amenities shall vest solely with the Company, its associates, its subsidiaries for ,vhich the
Company shall have the absolute discretion and the right to decide on t4eir usage, manner
and method of disposal etc.

42
I,
I ANNEXURE IV

I DEFINITION OF SUPER AREA

I (i) The Allottee(s) agrees for the purpose of calculating the sale price the Super Area shall
mean and include the sum of carpet area of the said Unit and the pro-rata share of common areas in
I the entire Complex. Whereas the Super Area of the said Unit shall mean and denote the covered area
of the said unit inclusive of the entire area enclosed by its periphery walls including areas under
walls, columns, half the area of walls common with other premises, cupboards, lofts, balconies, etc.
I which forms integral part of said Unit and where in the common area shall mean all such parts /
areas in the said Complex which the Allottee(s) shall use by sharing with other allottee(s) including
entrance canopy and lobby, atrium, corridors & passages, (both open and covered), common toilets,
security / fire control room(s), if provided, lift/escalator lobbies on all floors, lift shifts, all electrical,
plumbing and fire shafts on all floors and rooms if any, staircases, mumties, refuge areas, lift
machine rooms and overhead water tanks, etc. In addition, area provided in the basement to house
services including but not limited to, electric substation, transformers, DG set rooms, underground
water tanks, pump rooms, maintenance and service rooms, fire fighting pumps and equipment,
circulation area, etc., shall be counted towards common area. The decision of the Company in
this regard shall be final and binding on the Allottee(s).

(ii) Notwithstanding the fact that a portion of the common area has been included for the purpose of
calculating the Super Area of the said Unit, this has been done on account of the structural design of
the building without which there can be no support to the Unit. It is reiterated and specified that it is
only the inside space in the Unit that has been agreed to be allotted and inclusion of common areas in
computation does not create any interest therein in favour of Allottee(s)

(iii) Super Area of the Unit provided with exclusive open terraces shall also include 50% area of
such terrace. The Allottee(s) shall however not be pennitted to cover such terraces.

(iv) The super area computation shall not include thc following:

1. Roof top/ terrace above Unit, overhead tanks/underground tanks, pump rooms, boundary
wall and garbage dumps. .

2. Car parking area: covered parking area allotted to flat Allottee(s) for exclusive use, at
basement level except in categories where 50% of such area is taken for Super Area
calculation.

(v) It is further clarified that the Super Area mentioned in the Agreement is tentative and for the
purpose of computing Sale Consideration in respect of said Unit only and the inclusion of
common area within the said Complex / building / tower for the purpose of calculating
Super Area does not give any right, title or interest in common areas by sharing with other
occupants / allottee(s) in the said Complex / building. The Sale Consideration payable shall
be recalculated upon confirmation by the Company of the final Super Area of the said Unit
and any increase or reduction in the Super Area of the said Unit shall be payable or
refundable, without any interest, at the same rate per square meter as agreed l;>etween the
Parties . .If there shall be an increase in Super Area, the Allottee(s) agrees and urldertakes to

43
 pay for the increased Super Area immediately on demand by the Company and in the event
there shall be a reduction in the Super Area, then the refundable amount due to the
Allottee(s) shall be adjusted by the Company from the final instalment as set forth in the
schedule of payments appended in Annexure II.

(vi) The tentative percentage of carpet area of the Unit to Super Area of Complex is presently
67% to 33% approximately. Super Area and the percentage of Unit to Super Area may
undergo changes due to any change in the license condition granted by DTCP, any change
in building sanction plan, BIS Codes or NBCC etc till the completion of the building /
Complex and final Super Area shall be intimated upon completion of construction of the
said Complexlbuilding(s).

~./

44
 ANNEXURE V

TENTATIVE PLANS

•• (Floor plans, site plan, parking plan etc. to be annexed at this Annexure)

FLOOR NO. 5

5l.ffit.vtEA ·zmHtHIT
TOWER-8 lYPICAL FLOOR PLAN /fC,tf"tHlS o j;

SITE & PARKING PLAN

.._-
.--~
I
/

I
I
-- I

.. _--

45
 ANNEXURE VI
TENTA TIVE SPECIFICATIONS

Digital Greens, Tower-B

Structure

Structure: RCC beam slablflat slab with column structure with

brick/concrete block partitions.

Elevators: 8 passenger elevators and 2 separate service elevators.

Slab to Slab Height: Ground Floor: 4.5m

Typical Floor: 3.9m

Finishes

External Cladding: Combination of glass curtain wall, alluminum panel

and polished stone.
Flooring: Lobbies: Combination of marble, granite/vitrified tiles.
Basement: Brushed concrete
Tcnant floor finish: Concrete floor

Toilets: Finished toilets with modem filtings and fixtures

Lobby: Full height glazing in front as per design.

Combination of wood paneling/stone work/glass/ paint
on rest of the wall as per design.
Terrazzo/Marble/Granite flooring.
Custom lighting.

Typical Core Finish: Plasterboard/masonry/concrete painted.

Crome/Stainless steel ironmongely.
Veneered/Laminated timber doors.

Parking
Parking: 3-level basement for parking. Surface parking are
eannarked.
Access control and video surveillance.

Secul'ity

Video Surveillance: External access points.

Car park areas.
Main lobby.

Manned Security: At all entry, exit points and patrol

46
II
I
II Life Safety

II Wet Riser/Hose Reels: Located near each staircase.

Sprinklers: Fully provided in landlord's premises and primary

I distribution on each floor.
Tap of points available for secondary distribution.

Fire Hydrants: Provided at ground level as per design.

Hand-held Extinguishers: Provided as required in common area.

Fire Detection: Main alarm panels break glass contacts, smoke and
heat detectors provided within common areas as
required by code.
HVAC

MV AC System: Building equipped with mechanical ventilation and

cooling system. Central chiller system with
AHUs/AHU for each floor and common areas.

BMS and Controls: System monitoring of the principle operations of the

building. Control system fully integrated with the
security fire alarm and lift control systems .

Ventilation and Exhaust: . Provided for toilets, cores and basements. Separate
ventilation for VG Rooms.

Electrical

Electrical Risers: Provided as per design.

Distribution Boards: Feeds, splitters and panel boards provided.

All wiring till point on each floor.

Metering: Metering splits into common loads and tenant/user

loads, which will be sub-metered.

Lightning Protection & Earthing Pits: Lighting pits provided for base building. Provision for
tenant/user connection to earthing pits.

Fire Alarm System: Main alarm panels, break glass contacts, smoke and
heat detectors provided within all public and common
areas.

47
 Emergency Lighting: Emergency light fixtures (battery backed) provided on
escape routes and at all means of egress.

DG
Diesel Generators: 100% back-up provided for lighting, power and AC

Features: Automatic voltage regulator, PLC based auto-starting,

auto-load balancing AMF panel system provided.

Signage

Internal: Main lobby equipped wth Tenant/user directory and

directional signs, utility and emergency signage where
appropriate.

ExlerIlal: Ex[ernal signage as per developer's design and

condition.

COlIllllUllication

Satellite Connection: Spatial and stlUctural provision for installing satellite

dish on roof area chargeable basis.
Spatial provision for cables from dish to tenant's area.

Voice and data Risers: Risers and cable trays provided.

Telephone Incomers: Cabling from junction box to tag blocks at each floor.

Landscape

Roadways & Surface Parking: Asphalt and interlocked precast pavers/stone cobbles
as per design.

Pedestrian and Roadway Lighting: Pole and bollard mounted fixtures.

Building Fayade Lighting: ' Feature lighting offayade with fixtures concealed
within landscaped areas.

Site Landscape: Landscaped garden with decorative features as per

design.

48
 ANNEXURE VII
FORMAT OF THE APPLICATION FOR ENROLLMENT AS MEMBER OF ASSOCIATION

Date: [insert]

[insert Name & address of Sender]

The Secretary
Digital Greens
Sector _ , Gurgaon
Haryana

Sub: Application for Enrollment as Member

Denr Sir,

']~ IlWe have entered into an Unit Buyer's Agreement with Emaar MGF Land Limited to purchase an
Unit bearing no. [insert] situated in tower/building [insert], in the Complex known as "Digital
Greens" alongwith reserved parking space bearing no. [insert].

I1We request to be enrolled as member of Digital Greens Unit Owners Association and IIWe
herewith remit a sum of Rs. [insert]/- (Rupees only) through cash/cheque bearing no.
[insert] dated [insert] drawn on [insert] bank, towards entrance fee (non-refundable) of the said
association. .

Kindly let us know the annual subscription fee to be paid and furnish us with copy of the bye-laws
of the Unit owners association.

We request you to kindly keep-"me/us informed of the activities of the association from time to
time.

Thanking You

II

-
I
49
 ANNEXURE VIII

DQA-PT TRIPARTITE MAINTENANCE AGREEMENT

THIS AGREEMENT FOR MAINTENANCE AND SERVICES (the 'Maintenance Agreement') is made
at New Delhi on this _ day of ,2008.

BETWEEN

Emaar MGF Land Limited, a company incorporated under the Companies Act, 1956, having its registered
office at ECE House, 28 Kasturba Gandhi Marg, New Delhi - 110 001, through its Authorized Signatory
(hereinafter referred to as "Company" which expression shall unless repugnant to the context or meaning
thereof: deem to include its successors, subsidiaries, nominees, executors and assigns) of the FIRST PART.

And

MIs. Active Promoters Private Limited, and MIs. Sidhivinayak Buildcon Private Limited, all companies
incorporated and registered under the provisions of the Companies Act, 1956, and having their registered
office at ECE House, 1st Hoor, 28 K.G. Marg, New Delhi - 110001 (hereinafter collectively referred to as
"Licensee") of the SECOND PART.

AND

(i) ___________ son of*/daughterof*/wife of *_______ ____ aged about ------

---- resident of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

(ii) son of'*/daughter of'*/wife of * _ _ ~ _ _ _ _ _ _,aged about

resident of

(iii) _ ._ _ __ _ _ _ __ son of*/daughter of'*/wife of *___________ aged about -----

------ resident of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

(here-in-after singly I jointly, (as the case may be), referred to as 'the Allottee(s)' which expression shall
unless repugnant to the context or meaning thereof, be deemed to include his respective .heirs, executors,
administrators, legal representatives, successors and permitted assigns) of the THIRD PART
I
OR I
*Mls. , a partnership firm duly registered and existing under the Indian
Partnership Act, 1932* having its registered office at
_ _ _ _ _ _ _ _ _ _ , Partner of the Firm, duly authorized vide resolution dated
through Mr.
passed
I
by signed by all the partners constituting the Partnership Firm (copy enclosed) (hereinafter referred to as 'the
A1lottee(s)' which expression shall unless repugnant to the context or meaning thereof, be deemed to include I
all Partners of the partnership firm and their respective heirs, executors, administrators, legal representatives,
succ~ssors and assigns) of the THIRD P ART
....,
I
I
I
50

I
 I OR

I *M/s.
Companies Act,
, a company incorporated, organized, registered and existing under the
1956 having its registered office at through Mr.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (designation) duly authorized by the Board of Directors of
I vide resolution* dated /duly authorized vide *Deed of General/Special Power of Attorney
dated duly registered in the office of the Sub-Registrar of Assurances, _ _ _ _ _ _ _ __
as Document No. on (hereinafter referred to as 'the Allottee(s)' which expression
I shall unless repugnant to the context or meaning thereof, be deemed to its successors, liquidators and
assigns) of the THIRD PART

I OR

I *M/s. HUF, of through its Karta Mr.

_ _ _ _ _ _ _ _ _ _ , (hereinafter referred to as 'the Allottee(s)' which expression shall unless
I repugnant to the context or meaning thereof, be deemed to include him and each of the members constituting
the HUF, their respective heirs, executors, administrators, legal representatives, successors and assigns) of
the THIRD PART
I
OR
I
*M/s. __ _ _ _ _ _ _ _ _ _ , a society registered and existing under the Societies Registration Act,
1860 or *under having its registered offi(:l~ at
I through Mr.
_ _ _ _ _ _ _ _ duly c.uthorized by the Governing Body*/Managing Committec* vide resoluLiulli'

I dated Iduly authorized vide *Deed of General/Special Power of Attorney dated _ _ __

duly registered in the office of the Sub-Registrar of Assurances, as Document No.
on ._ (hereinafter referred to as 'the Allottee(s)' which expression shall unless
repugnanL Lo the context or meaning thereof, be deemed to its successors, liquidators and assigns) of the
THIRD PART ·

I
AND
I Mis Facility Management Company a Company registered under the Companies Act, 1956, having its
registered office at
I hereinafter referred to as the 'Confirming Party'), which expression shall, unless it be repugnant to the
context or meaning thereof, be deemed to include its administrators, executors, successors & assigns, acting
through its Authorized Signato).}' (who has been duly authorised to execute
I this agreement vide board resolution dated ).

I Parties of the First Part, Second Part and the Confirming Party are referred to as the 'First Party', the
'Second Party', the 'Third Party' and the 'Confirming Party' collectively being referred as the Parties.

I WHEREAS:-
(A) The Third Party is the owner of Unit Nos. on Floor, together admeasuring
I _ _ _ _ _ _ square feet of space ("Unit") in the multi storied complex being construct~d under the

I
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51
 name and :, "yle of D tal Greens, on 6.79 acres of land located in the revenue estat e of Ghata, Sector-61 ,
Tehsil & Dstrict Gu on (Haryana), hereinafter referred to as the "Complex".
(B) The First ]'arty is u· er an obligation to manage and maintain, through its nominated maintenance
agency, the various ices and facilities and the equipment(s) installed in the Complex and the entire
activities in : idental t ·reto, unless these services are taken over by a legally cons tituted association of
allottee(s) I !:myers ! up ants of various units in the said Complex.
(C) Further the Confirmi Party shall maintain the buildings of Digital Greens and the common areas in the
Complex, ill good dition, consistent with the industry practices prevalent in relation to the
comparable ') uildings Gurgaon, and for that purpose executes this Maintenance Agreement.

NOW THEREFORE IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS

1.1 The First Party th gh the Confirming Party, subject to the provisions of this Agreement, shall,
provide to the T Party, the common services and various facilities set forth in Clause-2
hereunder (hereina ·r referred to as the "Common Facilities and Services") in relation to the said
Complex.

1.2 The First Party / C firmine Party shall provide Common Facilities and Scrvices from the date of
handing O'/er of po ssion / deemed possession of the said Units in thc Complex. The First Parly I
Confirmin g Party s I not be liable and or responsihle to providc any or all Common Services and
Paeilities (,r fur the s(es) suffered by the Third Party or its agents and servants until and unless the
maintenance charge ue from time to time are paid in full.

1.3 The First Party ! firming Parly shall maintain Common Facilities and Services in the said
Complex and keep same in good order Icondition and carry out any/all major and structural
repairs subject to ad 'onal charges as may be decided between the Parties.

1.4 The First P~rty I Co rming Party shall provide Common Fac.ilities and Scrvice::; in respect of air-
conditioning I hcatil facilities and operation of the elevators during the nonnal office hours . on
Monday to Friday fi 8.00 AM. to 8.00 P.M. and on Saturday from 8.00 A.M. to 2.00 P.M .
(hereinafter referred \s the "Normal Office Hours") subject to interruption caused by mechanical
or electrical failure d to-.circumstances beyond the control of First Party / Confirming party. In the
event the Third Part xclusively or alongwith the other occupant of the Complex requires these
services beyond the mal Offiee Hours or on Sundays and National holidays/Public Holidays, the
First Party/ Confirmi party shall, if possible, provide these facilities and the Third Party would be
liable to pay extra ch es at a rate double the Normal Office Hours rates as set forth in Clause 3.5.
However, all occupa , irrespective of their working hours, shall be liable to pay a minimum
maintenance charge s. _ _/- per sq. ft per month on the Super Area (as defined in the Buyer
I
Agreement) . on the b s of 12 hours a day and 6 days a week.

The First Party I Con

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1.5 ing Parly shall make best possible efforts to rectifY any mechanical defect
or electrical failure an store the facilities and services to the Third Party in reasonable time.

2. Common Facilities &

The common facilities ~ services will broadly include the following: - I

2.1 The operation and m
system, fire fightii1g s
tenance of air-conditioning system, plant and machinery, water supply
em, elevators, other electrical & mechanical equipment systems, electric
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52
 sub-station, standby power system and all other equipments installed for provision of common
facilities and services to the Third Party and other occupants of the Complex.

2.2 Open and Common Areas Maintenance Services: Maintenance services to open and common
areas shall mainly cover basement, stairs, lifts, terraces / refuge areas, compound mall, landscaping,
electrification of plot, water supply, sewerage, roads, footpaths, etc.

2.3 The First Party / Confirming Party shall provide security services for basement, open and common
areas and the Third Party would take all precautions and extend full co-operation to the First Party /
Confirming Party or their agents / employees on duty, in discharge of their duties to serve the Third
Party / occupants better. However, the First Party/ Confirming party shall not be responsible for the
loss of any valuable left in the car or for the theft of the car and valuables both, if the same has not
been parked at the designated place without taking reasonable safety measures.

2.4 Insurance: The First Party /Confirming Party shall get insured the shell structure of the Complex,
plant and machinery installed for provision of common services pertaining thereto. However,
insurance of interiors of the Units or any articles or belongings kept or stored in the said Units shall
be the sole responsibility of the Third Party/ occupant. .

3. Computation uf Maintenance Charges

3.1 The Pirst Patty /Confirming Party shall provide and maintain common facilities and services as
defined in clause 2 and bear the cost of men and material for such services and raise the bill broadly
covering the following: -

a) Cost of electricity for all common services including air-conditioning / elevators/ water
supply, etc.

b) Cost of pest control of common areas

c) Cost or administrative staff and the maintenance staff

d) Cost ofconsumabfes, diesel, lubricants for equipments and DG sets for common areas

All other necessary/ancillary expenses and charges including hut not limited to insurance, incidental
to the preservation and maintenance of the property, and building structure and for adequate
provision of common services & facilities in the Complex.

3.2 That the maintenance charges shall include but limited to the following: -

i. Open Area Maintenance Charges: These charges relate to maintenance of open space within the
boundary wall of the Complex / building, but outside the same, such as, maintenance of
compound wall, landscaping, electrification, water supply, tube well, sewerage, roads and paths
and other services etc.

ii. Common Areas Maintenance Charges: These charges relate to maintenance of common areas,
lifts, fire fighting equipment and other services etc. inside the Complex / buildings.

I iii. Maintenance Charges of Basement and Services in the Basement: These charges shall inter-alia
relate to maintenance of basement and services operational from the basement, suc~ as, electric

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53
 sub-station, pumps, fire-fighting rooms, transformer, DG set, water tanks and other services in
the basement.
IV. Cost of security services provided for the Complex covering the common arcas I opcn areas.
v. Service contract(s) expenditure, charges for operation and maintenance of all electro-mechanical
equipment and I or any other equipment installed for rendering maintenance services, including
central air conditioning plants / equipment, generators, lifts etc. in the Unit.
Vl. Cost of electricity for all common maintenance services including the parking area and, external
common areas etc.
VB. Cost of maintenance and landscaping of open areas and pest control of common areas in and
around the Complex.
viii. Cost of maintenance, cleaning, and replacements.
ix. Cost of administrative staff and the maintenance staff of the Complex.
x. Cost of consumables for all services in common areas, and equipment pertaining to provision of
common services and facilities, including cost of diesel and lubricants for DG sets.
xi. Other necessary I ancillary expenses and charges, including but not limited to insurance,
incidental to the preservation and maintenance of the property / building structure and for
adequate provision of common services and facilities in the Complex.

The said maintenance charge does not include maintenance inside the Unit, which shall be the
responsibility ofthe Third Party.

3.3 That calculation of maintenance charges shall be done in the following manner: -

(A) Cost of entire maintenance services, including but not limited to salaries, wages, benefits paid to
employees, by the First Party ICorifirming Party for providing maintenance services.
Add (B) Total cost of electrical energy as per the bill paid to DHBVN by the First
Party/Confinning Party and the cost of operation and maintenance of DG Sets including
fuel.
Less (C) Receipts by"the First Party/Confinning Party from the Third Party /occupants in
respect of monthly electricity bills for consumption o{electrical energy consumed on basis of
meter reading as per Clause 7.1
Less (D) Extra hour charges as set out in clause 1.4

The resultant total shall be divided by the total occupied Super Area of the Complex plus fifty (50%)
percent of the vacant Super Area to arrive at the maintenance charges per sq. ft. per month which shall '
be multiplied by 1.2 times to arrive at the maintenance charges per sq.ft of the Super Area payable by
any Allottee(s)1 indiv'idual occupant / owner. The sq. f1. charge so arrived at shall be multiplied by
total Super Area of each Allottee(s)/ owner/occupant for purposes of individual billing.

Maintenance Charges per sq.ft A+B-C-D

Total Occupied Super Area
Plus 50% of the vacant Super Area

The owners of the vacant or unoccupied areas, including the First Party, shall also be liable to pay
the full maintenance charges from the date prescribed in the Notice of Possession (as defined in the
Buyer Agreement), and no concession will be granted on account of non - occupancy>

54
 3.4 All overhead expenses incuned by the First Party I Confirming Party directly for provision of
common facilities and services in the Complex, including salaries, wages and benefits payable to the
employees and other overhead expenses shall be taken into account for computation of maintenance
charges.

4. MAINTENANCE DEPOSITS AND MONTHLY CHARGES

4.1 The Third Party shall pay I has paid and shall always maintain an "Interest Free Maintenance
Deposit" ofRs. _ _I-(Rupees only) @ Rs.1501- per sq. ft. of the Super Area
of the Units, to the First Party I Confinning Party in tenns of the Buyers Agreement to enable them
to render regular and proper maintenance services and the same shall be utilized for capital
replenishment and the clearance of maintenance dues, if any.

4.2 In consideration of the payment of the monthly charges and the deposits mentioned herein which has
I have been agreed to be made by the Third Party, the First Party shall through the Confirming Party
provide to the Third Party, in accordance with the provisions of this Maintenance Agreement,
various operational and maintenance services. The maintenance charges shall be calculated in
proportion to the Super Area of the Unit in the Complex. The maintenance charges shall first be
apportioned towards the payment madc towards procuring insurance cover and deposiling applicable
amount in the sinking fund . The Third Party agrees and understands that the amount being charged
towards maintenance charges by the First Party I Confinning Party is indicative and not exhaustive.

4.3 The amount of Interest Free Maintenance Deposit will he refunded without any inte.rest to
the Thiru Party, upon further sale of the Unit by the Third Party only after the subsequent
transferee has deposited a Interest Free Maintenance Deposit, at the then prevalent
maintenance charges, with the First Party. In the event, the maintenance services are taken
over by a legally constituted association of occupants of the Complex, the aforesaid Interest
Free Maintenance Deposit shall stand transferred to such an . association / society.
Thereupon, the First Party/ Confirming Party ·shall stand completely absolved and relieved
of the responsibility of refund of the Interest Free Maintenance Deposit to the Third Party.

4.4 The First Party/Confirming Party shall bill for the consumption of electrical energy inside
the Unit hased on the number of units consumed as indicated by the meter(s) installed in thc
Unit at pre-deterinined-rates, which for want of a more suitable standard rate shall
correspond to the rates charged byDHBVN for its direct consumers falling in the schedule
of tariff as applicable from time to time to the Unit in the Complex, as if the electrical
energy was directly supplied by DHBVN. The bill shall also include the meter hire charges
and a minimum demand charge if the consumption falls below the minimum demand as per
the applicable schedule of tariff. The consumption of electrical energy as indicated above
shall be billed alongwith the bill for the maintenance charges. However in case the
Government imposes'. any tax or duty on the First Party/Confirming Party for generating
electricity or the bills raised towards electricity charges become liable for payment of any
tax, such amounts shall be charged additionally and shall be to the account of the Third
Party.

5. REPAIRS AND INSURANCES

5.1 ,' The cost of major repairs etc. of structures, plants and equipment etc. installed in the Complex, as
detennined by the First Party I Confirming Party shall, also be taken into account while calculating
the maintenance charges, as aforesaid. \.

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 5.2 The cost of insuring the structure of the Complex shall form part of maintenance charges. However,
the Third Party shall take out an Insurance Policy for insuring the interiors and the contents and
articles kept or stored within the Unit, if it so desires, and the First Party/ Confirming Party shall not
be responsible for it in any manner.

5.3 The insurance of the shell structure and the plant and machinery installed therein for the purpose of
providing common facilities of the Unit is as such the responsibility of the Third Party. However, for
convenience of the Third Party, the First Party/Confirming Party, shall take out an Insurance Policy
for the shell structure of the Unit, and is hereby duly authorised to do so by the Third Party. As
such, in the event of occurrence of any of the contingencieslrisks covered by the aforesaid Policy,
the Third Party shall only be entitled to claims/recourse admissible against the Insurers under that
Policy, as per applicable Insurance laws/norms. The Third Party hereby undertakes not to lodge any
claim or take recourse to any action against the First Party or the Confirming Party or any of its
subsidiaries and associates, nor will the latter be liable for the same on any account or in any manner
whatsoever.

6. AUDIT

6. I That the First Party/ Confirming Party at the end of each financial year, will get its accounts audited
to ascertain the actual cost of providing thc Common Facilities and Services during the year under
audil. The cost so arrived shall become the basis for raising bills in the subsequent financial years
atter determining the final maintenance charges in accordance with the fonnula given in clause 3
herein above and in case there is any deficit, the same shall be recovered proportionately in the
subsequent bills. The bills towards maintenance charges for the intervening period, from the date of
commencement of the next financial year and the audit of accounts of the previous year shall be
riliseo on the bilsis of the previolls financial year and duly made good on the basis of the audited new
u:aintellance charges.

6.2 That the First Party/Confirming Party shall have the right to · increase, revise or modify charges of
any service or services as necessary to meet and maintain the prevailing quality and standard of
services. The First Party/Confirming Party will make available a copy of the audited balance sheet to
each occupant!Allottee( s) on request.

6.3 IL is agreed between the ~~rties hereto that the said Interest Free Maintenance Deposit shall be used
by the First Party or the Confirming Party for capital expenditure in the said Complex for which the
First Party through the Confirming Party shall provide and furnish a statement of such propOltionate
ex.pense in respect of the capital expenditures as incurred for the Complex and the same shall be
deducted from the Interest Free Maintenance Deposit by the First Party. It is further agreed between
the Parties hereto, that the Third Party shall always maintain the said Interest Free Maintenance
Deposit @Rs.150/- per sq.ft of the Super Area and in case any amounts that are deducted from the
Interest Free Maintenance Deposit by the First Party towards capital expenditure, the same shall be
made good by the Thir.d Party so as to maintain the Interest Free Maintenance Deposit always equal
to @Rs.150/-persq.ftOfthe Super Area.

7. BILLING AND PAYMENT

7.1 The First Party / the Confirming Party shall raise bills for maintenance charges every month in
advance. However the electricity consumption bill on the basis of actual consumption based on
meter reading of the previous month will be raised in the beginning of the current moVth. The said
maintenance charges shall be exclusive of all applicable taxes and rates including inter:alia service

56
 tax at applicable rates, which taxes and rates shall be charged over an above the said maintenance
charges and shall be payable by the Second Party.
I 7.2 The First Party / Confirming Party will accept payment against maintenance bill and energy bill in
full, part payment will not be acceptable. Payment of bills after the due date will attract interest @
I 15% p.a. for the period of delay, as described in clause 7.5 hereunder.

7.3 All payments shall be made by crossed cheque or demand draft drawn in favour of the First Party/
Confirming Party as stipulated in the aforesaid bills and shall be subject to realization. Outstation
cheques will not be accepted.

7.4 The Third Party shall not withhold or delay the payment of bills, raised by the First Party
/Confirming Party. If there is any difference or dispute with regards to its accuracy on account of
clerical error / omission, the Third Party will approach the First Party / the Confirming Party for
correction within thc grace period of 7 (seven) days. However, if the difference or dispute still
persists, the Third Party will be free to refer the matter for Arbitration as provided under clause []
of the Agreement after payment of the bill(s) in dispute.

7.5 The First Party / Confirming Party, without prejudice to its right to charge interest for the period of
delay in payment ofa bill by the Third Party within 7 (Seven) days of the due date, then the bill shall
be deemed to be a Notice of Disconnection and the first Party / Confirming Party will be within its
right to disconnect or discontinue the supply and common facilities and services. These services will
be restored only when all outstanding dues in respect of electric supply and common facilities and
services together with interest @ 15% p.a. and other administrative charges are said in filll by the
Thiru Party, not withstanding inclusion of any part of the charges in the bill(s) under default being
included in the subsequent Bills raised by the First Party/Confirming Party.

7.6 The Third Party agrees that its right to use the Common Facilities and Services, including the supply
of electrical energy, shall be subject to regular, prompt and full payment of bills raiseu by the First
Party / Confirming Party. Default in payment will deprive the Third Party to avail any or all common
facilities and services. As regards the maintenance charges & dues contempl!lted under this
Maintenance Agreement, the Third Party, agrees to create floating charge or charges on his goods
and chattels, (if self occupied) or on the rent reccivable (if on lease) as the case may be.

8. DURATION OF THIS AGREEMENT / TERMINATION

8.1 The First Party/ Confirming Party shall provide maintenance services as set out herein- above
initially for a period of3 (three) years and extendable for further period(s) of3 (three) years on terms
and conditions agreed between the Parties unless otherwise the Agreement is terminated /stands
terminated earlier as provided in Clause 8.2 and 8.3 hereunder.

8.2 Upon the formation of the owners' association of Digital Greens, even before the expiry of first 3
(three) years or such extended term as provided in Clause 8.1 above, this Agreement shall stand
terminated without any further act or notice from the First Party / the Confirming Party. The said
association would thereafter be responsible for the maintenance of the said Complex. In such an
event, the First Party / the Confirming Party, on request' of Third Party, shall transfer the
maintenance advance/ Interest Free Maintenance Deposit after adjustment of all dues to such society
or association for credit or adjustment to the account of Third Party depending upon the terms
whether the Unit was on Lease/ on out right purchase basis.

8.3 The Third Party shall obtain a proper NOC from the First Party prior to sale, transfer or parting with
the possession, in any manner whatsoever, of the Unit. The First Party will grant the 'N,o Objection
Certific~te' subject to payment of all outstanding dues 011 account of maintenance and lor any other
 account payable under the provisions of this Maintenance Agreement. This Maintenance Agreement
shall stand terminated as and when Third Party sells, transfers or parts with possession of the said
Premises.

8.4 The Third Party shall ensure that the transferee(s) undertake to adhere to and conform to all the
provisions of this Maintenance Agreement and the other terms and conditions of NOC issued by the
First Party.

8.5 The First Party, in discharge of its obligations, shall either transfer Interest Free Maintenance
Deposit after adjustment of all outstanding dues to the credit of the transferee(s) on receipt of advice
from Third Party and execution of Maintenance Agreement by the transferee(s) or refund the Interest
Free Maintenance Deposit after adjustment of all outstanding to the Third Party if the Transferee(s)
makes payment of security deposit at the time of execution of Maintenance Agreement.

9. MISCELLANEOUS

9.1 The First Party /Confirming Party shall make application to DHBVN for grant of bulk power
connection with permission for distribution to the occupants in the Complex /premises, depending
upon individual requirement. The First Party / the Confirming Party will also install diesel
generators of adequate capacity to provide full back-up and cater to emergency requirement of the
occupants/ Complex.

9.2 In event the Third Part.y sells the Unit during the subsistence of this Maintenance Agreement, the
Third Party shall ensure that the transferee undertakes to adhere and wu[unus to all the terms of this
Agreement. It shall be a condition precedent to the grant of NOC by the First Party, that the
prospective purchaser / transferee executes a similar Maintenance Agreement with the First Party /
Confirming Party. .

9.3 In the event of sale, as aforesaid, it shall also be a condition precedent to the grant of NOC, that the
amount of unadjusted Interest Free Maintenance Deposit as provided in Clause 4.1 herein has either
been transferred to the credit of the prospective purchaser / the transferee in which case all the
obligations of the First Party/Confirming Party to refund the aforesaid unadjusted Interest Free
Maintenance Deposit shall stand discharged or a fresh Interest Free Maintenance Deposit as per the
said Clause has been depusited by the prospective purchaser / the transferee ~nto the First
Party/Confirming Party at-the time of execution of fresh Maintenance Agreement by such transferee,
and only thereafter, the aforesaid unadjusted Interest Free Maintenance Deposit will be refunded by
the First Party/Confirming Party to the Third Party.

9.4 APPLICALBE IN CASES OF LEASE OF PREMISES PURCHASED BY THIRD PARTY: In the

event the Unit sold to the Third Party by the First Party are leased to any other occupant by the Third
Party, it shall be incumbent upon the Third Party to ensure that such lessee adheres to all the terms of .
this Maintenance Agreement by appropriate endorsement. However, the responsibility for payment
of maintenance charges envisages herein shall be that of the Third Party as the Allottee(s) of the
Unit, who may cause the same to be paid by such lessee on its behalf. Liability of payment of
maintenance charges in such cases is joint arid several. It is also agreed between the Parties that prior
to commencement of operation by the lessee / tenant, such lessee / tenant or the Third Party (in the
event of default on part of such lessee / tenant to deposit the maintenance advance) shall deposit a
maintenance advance equivalent to six months of applicable maintenance charges, with the First
Party adjustable in equal installments over a definite period as may be agreed by the Third Party,
receipt of which shall be admitted vide a separate receipt issued by the Third Party.

9.5 In the event, the Third Party delays payment of the Interest Free Maintenance Dep'osit and the
mainten.ance advance (as applicable) the First Party / Confirming Party shall not commence

58
 providing of services to the Third Party or its nominee / lessee / tenant as en visaged In this
Agreement, including but not limited to providing, electricity, water, air conditioning, etc.
I 9.6 The First Party/Confirming Party herein shall apply for pern1ission to receive bulk supply of
electrical energy and its distribution to the Allottee(s) in the said Complex /occupants including the
I Unit. The First Party/Confirming Party intends to undertake the responsibility of receiving in bulk,
the supply of energy from DHBVN, and to supplement it by operating the D.G . Sets provided in the
said Complex and distribute the electricity to various occupants of the Complex in terms of their
application for supply of electrical energy. The First Party through the Confirming Party shall
supply electrical energy as part of its maintenance services and not as a separate function .

9.7 It is clarified that maintenance services which are to be provided by the First Party through the
Confirming Party may also be got done by it through various outside agencies under separate
agreements entered into with them. In such cases the First Party's responsibility shall be limited to
the extent of supervision of these agencies and to ensure that their operation is in conformity with the
agreement executed by them.

9.8 The First Party and / or the Confirming Party shall in no way be responsible or liable for any fire due
to electrical shurt-circuit, pollulion, structural and lor any kind of hazard, originating from the Unit
which may arise due to any lapse, default, negligence or omission of the occupant(s) due to any
cquipment installed in thc Unit. The hazurd U:3 u[ore:3uid uriginating from the Unit shall not impose
any kind of financial or legal liability on the Confirming Party, and the Third Parly agrees to keep
the First Party fully indemnified and keep them harmless against any loss or damage that may be
caused to it or the Complex or its installations, fillings equipment, plants, elc, Ull accuuIll uf the
foregoing. The Third Party shall ensure that the internal air-conditioning and clectrical systems and /
or any other work or thing done internally within the Unit or externally shall not pose any fire,
electrical, structural , pollution and health hlzard and shall conform to all statutory provisions as
applicable for which the Third Party alone shall be responsible for the legal and financial
consequences arising therefrom.

9.9 The Third Party will provide to the First Party/Confirming Party all the .drawings and diagrams
pertaining to electrical wiring, air conditioning distribution layout and fire alarm diagrams prior to
their occupyillg the plullises. Tltc Tltifd Parly will ensure to uSe similar material for electrical
wiring, switch gear, air-c~mditioning ducting, plumbing and · all such service utilities which are
connected to the main eq\iipment /service of the Complex and shall employ /engage the same
contractor for these services who had been engaged by the First Party to maintain the standards,
quality and for fixing the responsibility in case of any mishap.

9.10 The Third Party will have to bear the cost of all damages !breakage caused by the Third Party / its
agents/ its visitors/lessee to the Unit in the Complex and/or equipment /fabric of the said Complex
and shall forthwith reimburse all costs in connection with the replacement/ rectification on account
of the above to the First Party and/or Confirming Party as and when demanded.

9.11 The First Party/Confirming Party directly or through their duly authorised agency will have the right
to frame and modifY from time to time building/ house rules for all Allottee(s) / occupants tenants/
purchasers within the Digital Greens which shall be qdhered to and observed strictly by the Third
Party.

9.12 All costs, charges and expenses payable or in respect of this Maintenance Agreement and on all
other instruments and deeds to be executed, if any, pursuant to this Maintenance Agreement shall be
I borne and paid by the Third Party.

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9.13 The failure of the First Party/Confirmi 19 Party to enforce at any time or for any period of time any
provision(s) hereof shall not be construed to be a ' vaiver of any provision or of the right therefore to
enforce any or each and every provisioll of this M;,intenance Agreement.

9.14 That if any provision of this Mail ltenance Agreement shall be determined to be void or
unenforceable under any law, such provision sh;lIl be deemed amended or deleted to the extent
necessary conforming laws/rules app licable and the remaining provisions of this Maintenance
Agreement shall remain valid and enforceable .

9.15 The First Party/ Maintenance Agency ·;hall not be held responsible or liable for not performing its
obligations under this Maintenance Agreement due to Force-Majeure conditions or for reasons
beyond the control of the first Party/Confirming Palty. The force- majeure conditions shall inter-alia
induues an act of God, fire, flood , explosion, war, riot, terrorist acts, sabotage, inability to procure or
general shortage of energy, labour, equipment, facilities, materials or supplies, failure of
transportation, strikes, lock outs, action of labour unions, change in law or any other cause (whether
similar or dissimilar to the foregoing) not withi n the reasonable control of the First Party / the
Confirming Party.

9.1G It is clearly understood and agreed ry and bet' veen the Parties hereto that all the provisions
contained herein and the obligations arising hereunder in respect of the Unit, shall equally be
applicrlhle rlnci enforceable against all Allottee(s)/ occupants, tenants/ employees of the Third Party
andlor subsequent purchasers of the Unit, as the said obligations go along with Unit [or all intents
and purposes.

9.17 That it is agreed between the Parties that the commencement of this Maintenance Agreement is the
date when the possession of the Unit is handed over or deemed to have been handed over to the
Third Party as provided in the Buyer's Agreement executed between the Third Party and the First
Party.

9.18 The Third palty agrees and undertakes that it shall not display any name, address, signboard,
advertisement material, billboards, hoarding, or advertisements etc. on the external fa9ade of the
Unit, tower andlor the Complex. The Third Party would be pennitted to place its name only at the
designated place specified by the First P:lrty / the Confirming Party in this behalf.

9.19 Save and except in the cases of theft/pilferage of electrical energy or interference in meter etc.,
(which are prima facie offences) and nnl y <'Itter the bill amount payahle ~re pflid hy the Third Party to
the First Party, in the event of any difference or dispute arising between the Parties in respect of any
matter connected with the accuracy of bi Us, supply of services or interpretation of any of the terms &
conditions which cannot be settled amicably between the Parties hereto, the same shall be referred to
the arbitration of an Arbitrator to be appointed by the First Party to this Agreement. Reference to and
pendency of Arbitration shall be without prejudice to the right of the First Party/Confirming Party to
effect recovery of its d~es under this Mai ntenance Agreement. The decision of the Arbitrator shall be
final and binding on the parties. The Arbitration proceedings shall be held at New Delhi in
accordance with the Arbitration & Conciliation Act, 1996 as amended from time to time and the fee
.payable for the same shall be borne by thl~ parties in equal proportion.

60
~
'
~.
~
,
.•...... ..

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SET OUT THEIR HANDS TO THIS

~
AGREEMENT AT NEW DELHI/GURGAON ON THE DAY, MONTH AND YEAR FIRST ABOVE
MENTIONED IN THE PRESENCE OF THE FOLLOWING
~;
WITNESSES
FIRST PARTY
or & on behalf of

2.
SECOND PARTY
For and on behalf of Active Promoters Private Limited & Sidhivinayak Buildcon Private
Limited

(Authorised Signatory)

THIRD PARTY
For and on behalf of ALLOTTEE(S)

3.
CONFIRMING PARTY
For & on behalf of
Mis Facility Management Company

(Authorised Signatory)

\,
 Emaar MGF Business Park , Mehrauli - Gurgaon Road, Sika,rJerpur (howk,
Sector - 28, Gurgaon 122 002. Haryana. Tel.: +91 1244793444

Corporate Offce: Emaar MGF land limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi 110. 001
Tel. : +9111 4152 1155. Fax : +911141524619. Email: info® emaarmgf.com