[To be printed on non-judicial stamp paper of Rs.

100/-]

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (hereinafter referred to as the "MOU") is executed at

______ on this ____ Day of ___________, 2019;

BY AND BETWEEN

M/s. Supertech Realtors Private Limited, having its registered office at 1114, Hemkunt
Chambers, 89, Nehru Place, New Delhi-110019, (hereinafter referred to as the “Developer”,
which expression shall, unless repugnant to the context thereof, be deemed to mean and
include its successors in interest, executors, administrators, representatives and assignees)
of the ONE PART;

AND

(Main Allottee) (Co-Allottee)

(Hereinafter referred to as the Allottee, which expression shall unless repugnant to the
context thereof, be deemed to mean and include his/ her/ their/ its successors, legal heirs,
executors, administrators, legal representatives, transferees and permitted assignees) of the
OTHER PART;

The Developer and the Allottee/s are hereinafter collectively referred to as the "Parties" and
individually as the "Party".

WHEREAS:

A. The Developer is developing a mixed-use township known as "Supernova” on a plot of

land situated at ___________________________________.

B. The Allottee has been allotted a space bearing no. __________ admeasuring ____ sq. ft. on ___
floor in “Hypernova” (hereinafter referred to as said "Unit") in Supernova project

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 situated at ____________________________________, from the Developer, vide Allotment
Letter/Builder Investor Agreement dated _______ ("Agreement").

C. The Allottee has been allotted a space where Allottee will get the space in (12+6)%
scheme whereas 12% he will get in first 50% for next 3 years & 6% amount will get
reduce from the possession amount.

D. The Allottee has been allotted a space where Allottee will get the bank guarantee for
returns of 12% for next 3 year.

E. The Parties now wish to enter into this MOU to record certain understanding with
respect to scheme as opted by the Allottee for the said Unit, on the following terms and
conditions.

NOW THIS MOU WITNESSETH AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS
FOLLOWS: -

1. The Allottee hereby agrees & acknowledges to be bound by the terms and conditions
of this MOU.

2. The Developer hereby confirms that under the said opted scheme, it shall pay to the
Allottee an amount of:

i. Rs. _________/- (Rupees ______________________ Only) per month to the Allottee,

as rental, from the date of completion of the said Unit, till completion of
period of 36 (thirty-six) months starting from the date of completion of the
said Unit.

It is also agreed between the Parties that in case the actual rental generated
from the said allotted Unit is more than the rental as mentioned in sub clause
(ii) then the Developer shall share the difference increased rental amount in
the ratio 75% to Allottee and 25% to Developer, in addition to the amount as
mentioned in this Clause.

ii. That from the date of expiry of 36 (thirty-six) months as mentioned above, the
amount as payable by the Developer to the Allottee shall be as per the actual
lease/rent as generated from the said allotted Unit for a lifetime of the said
allotted Unit to the Allottee.

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 iii. The Company hereby also confirms to the Allottee that in case of delay in
completion of the said Unit beyond 36 (thirty-six) months starting from the
date of execution of this MOU, the Company shall pay to the Allottee an amount
of Rs. _________/- (Rupees __________Only) from the date of the said delay till the
date of completion letter sent to the Allottee by the Company.

3. That the amount as mentioned in Clause 2 shall be payable by the Developer to the
Allottee in the form of NEFT/RTGS. The account detail of the Allottee for the purpose
of NEFT/RTGS of Rent amount is mentioned in Annexure A of this MOU. The Allottee
hereby agrees that any statutory tax/taxes applicable on disbursement of amount
shall solely be borne by the Allottee.

4. LEASING RIGHTS OF THE UNIT:

a) That in lieu of the aforesaid the Allottee hereby transfers/surrenders the

leasing rights of the allotted Unit in favour of the Developer on the date of
execution of this MOU.

b) It is agreed and acknowledged by the Allottee that the physical possession of

the allotted Unit shall remain with the Developer and the Developer shall
have exclusive right to lease the said Unit of the Allottee to the prospective
lessee and Allottee hereby agrees that he/she/they has/have no right and
objection for the same.

c) The Parties hereby agrees that the decisions regarding choice of lessee shall
be taken solely by the Developer and/or its appointed agency. The decision
regarding choice of lessee, area of leasing, rates of lease, re negotiation with
the lessee during its tenure etc. shall be taken solely by the Developer and/ or
its appointed agency. The Allottee hereby undertakes to accept the decisions
taken by the Developer and/or its appointed agency unconditionally and shall
not raise any objection in this regard.

d) The Allottee hereby confirms that it shall never have any right or claim on the
common area maintenance charges, the Developer and or its Maintenance
agency shall have sole right on the common area maintenance charges to be
collected from the lessee of the said Unit.

5. POSSESSION OF THE UNIT:

a) The Allottee hereby understands and confirms that the allotted Unit is the

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 part of the larger commercial area which shall be leased out by the Developer
only to prospective lessee.

b) The Allottee hereby confirms and undertakes that he/she/they shall never
claim/demand handover of the physical possession of the allotted Unit from
the Developer and shall not have access i.e., ingress or egress of the said
allotted Unit being part of the larger commercial area of the complex/mall.

c) The Allottee hereby acknowledges that the allotted Unit is the part of the
larger commercial area of the mall and the Allottee along with the other
allottees is a co-sharer of the said larger commercial space of the said
mall/complex.

6. The Developer hereby in lieu of surrender of the leasing rights in favour of the
Developer by the Allottee, shall provide a waiver of CAM charges for a period wherein
the said allotted Unit is vacant and no lease rent is generated from the allotted Unit to
the Allottee after the expiry of 36 (thirty-six) months. Further, the Developer also
confirms that it shall be making the investments in the said allotted Unit of the
Allottee, if required by the prospective lessee on behalf of the Allottee/owner, during
the period of grant of leasing rights in favour of the Developer.

7. The Allottee hereby agrees that it shall pay to the Developer an administrative
charge, after the completion of the period of 36 (thirty-six) months as mentioned in
clause 2 (iii) above, which shall be 5% (five per cent) of the lease rent generated from
the said Unit on monthly basis. This administrative charge shall be deducted from the
payment of the lease rent on monthly basis by the Developer before forwarding the
lease rent to the Allottee.

8. The Allottee hereby confirms and undertakes to the Developer that if any specific
authority or delegation of powers will be required to the Developer for entering into
lease/rent agreements, ejectments, presentations before any authority, the Allottee
shall provide the same to the Developer without any delay and demur as and when it
will be required. The Allottee hereby undertakes that it shall also execute a power of
attorney in favour of the Developer at the time of execution of sub lease deed of the
Unit in this regard.

9. It is hereby agreed between the Parties that in case if the allotted Unit is cancelled
for any reason, in future, then the amount to be refunded to the Allottee shall be as
per the terms & conditions mentioned in the said Agreement and the amount as paid
in sub clause (i) of Clause 2 as mentioned in this MOU shall also be deducted from the

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 refund amount.

10. The Parties hereby confirms to the Allottee that as the possession of the Unit shall
remain with the Company for the entire term of this MOU, the delay penalty and
holding charges as mentioned in the Agreement stands deleted and the interest
payable by the Allottee to the Company in case of delayed payment shall be as per
RERA.

11. This MOU shall be co-terminus with the Agreement/sub lease deed to be executed
for the said Unit and shall form an integral part of the Agreement/sub lease deed to
be executed for the said Unit. In the event of there being an inconsistency in the
interpretation of the provisions of the Agreement/ sub lease deed (if executed) and
this MOU, the terms of this MOU shall prevail.

12. Except to the extent specified in this MOU, all the terms of the Agreement/sub lease
deed (if executed) shall remain unchanged and nothing contained herein shall change
or alter in any manner whatsoever the validity, enforceability and interpretation of
the Agreement/ sub lease deed.

13. This MOU shall remain valid and in existence even after the execution and registry
of the sub lease deed of the said allotted Unit in favour of the Allottee.

14. All disputes, controversies or differences which may arise between the Parties
hereto, out of, in relation to or in connection with this MOU shall be finally settled by
arbitration by a sole arbitrator to be solely appointed by the Developer in accordance
with the provisions of the Indian Arbitration and Conciliation Act, 1996. The place of
arbitration shall be Noida, India and the language of arbitration shall be English. The
arbitration award shall be final and binding on the Parties, and the Parties agree to be
bound thereby and to act accordingly.

15. This MOU shall in all respects be governed and interpreted by, and construed in
accordance with the laws of India and subject to Arbitration clause, courts situated at
Noida, India shall have exclusive jurisdiction over the disputes arising out of this
MOU.

16. This MOU shall not be subject to change or modification except by execution of
another instrument in writing duly executed by both of the Parties to this MOU.

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IN WITNESS WHEREOF the Developer and the Allottee have signed this Memorandum of
Understanding on the day, month and year above written in presence of:

Signed, Sealed and Delivered on behalf of Signed, Sealed and Delivered by the
DEVELOPER ALLOTTEE

___________________________ _______________________
Authorized Signatory Mr.
M/s Supertech Realtors Pvt. Ltd.

_______________________
Mrs.

In the presence of witness In the presence of witness

(Signature with name and address) (Signature with name and address)

1. 2.

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 ANNEXURE-A

ALLOTTEE ACCOUNT DETAILS:

Customer Relationship Number

Bank Name

Account No.

IFSC

Branch Address

Contact No.

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