BUSINESS ASSOCIATE AGREEMENT

This Agreement is made at Jaipur on this ______________ day of __________ 2017 by and between:
a. Mahima Group representing, Mahima Real Estate Pvt. Ltd., and all the group companies
and sister concerns having corporate office at 4th Floor, Crystal Palm, 22 Godown Circle,
Sahkar Marg, Jaipur (hereinafter referred to as the Company) of the One Part
AND

b. ____________________________________ (Herein after referred to as the Business

Associate) of the Other Part.

WHEREAS Mahima Group is a renowned builder/ real estate company of Rajasthan into sole
business of construction of Multistoried Flats, Commercial complex cum Multiplex, Malls, etc for
the last many years.
AND WHEREAS it is acting through various group companies is in a process of expansion of its
business, for which Company has established Network of Business Associates and the Business
Associate is a part of such business Network.
WHEARAS the Company has decided to appoint the Business Associate for the purpose of selling
of its residential & commercial property in the projects as detailed hereinbelow for which the
Business Associate has given its consent to become the Business Associates of the Company on the
following terms and conditions –

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________________ ___________________
Company Business Associate
The terms and conditions of this Business Associate Agreement have been read and understood
by me/us and I/we hereby accept the same
1. Role and Obligations of Company.
(a) The Company shall provide all the necessary marketing materials related to the
Projects including Flyers, Brochures, Posters, Audio Videos etc.
(b) The Company shall provide all the necessary commercial and technical documents
that may be reasonably required by Business Associate or by the prospective
buyers. All such information provided by the company and passed on to the
customer by Business Associate will remain the responsibility of both the company
and Business Associate to make it good.
(c) The company shall provide prior notice or information (usually 7 days) for
changes in rates.
(d) The company will provide updates about availability and delivery status on
reasonable demand of Business Associate.
(e) The Sales Manager shall visit the location under Business Associate’s territory at
least once in every month.
(f) The Company is undertaking marketing of its projects in due course of its
business, which will act as support to the Business Associate. Any additional
efforts for marketing if taken by the Business Associate at its own cost and expense
shall be done only after prior consent from the Company for the marketing
material, wherein marketing guidelines of company are to be met strictly and no
wrong promise, wrong deception or any misrepresentation if done shall make the
Business Associate liable for it.
2. Role and Obligations of Business Associate.
(a) Business Associate to suggest and offer sales of company’s project (s) to their
potential prospects and clients.
(b) To carry out usual sales activities required with prospects, including sales,
presentation, follow up, Project information provision and query resolution, site
visit coordination, information and explanation related to the sale agreement,
relevant commercial aspects etc to the prospective buyers.
(c) To carry out the sales and sale presentation activities in the corporate and MNC
companies under their business territory.
(d) On determination of prospects’ intention to purchase an available property unit in
a project(s), Business Associate will facilitate the sale execution between the
customer and the company as per agreed procedure.
3. RERA COMPLIANCE

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________________ ___________________
Company Business Associate
The terms and conditions of this Business Associate Agreement have been read and understood
by me/us and I/we hereby accept the same
 (a) The Business Associate represents that it has been registered as “Real Estate
Agent” under Section 9 of The Real Estate (Regulation and Development) Act, 2016
with the Real Estate Regulatory Authority (“Authority”) on dated
___________________ and his registration certificate No. is ____________________.
This registration is valid for a period of _________years commencing
from___________, unless renewed by the Authority. The details of the same are
also available on the website www.rera-rajasthan.in of the Authority.
(b) The Business Associate hereby undertakes that it has gone through all the rules,
regulations, notifications, terms & conditions set out in the respect of The Real
Estate (Regulation and Development) Act, 2016 and understood the rights and
obligations detailed therein. Business Associate hereby further confirm that it shall
comply with the provisions of the Act and the rules and regulations made
thereunder.
(c) The Business Associate undertakes that it shall not contravene the provisions of
any other law for the time being in force in the area, where the project is being
developed.
(d) The registration granted by the Authority is valid for a period of five years
commencing from _____________ and ending with________________________
unless renewed by the regulatory authority in accordance with the provisions of
the Act or the rules and regulations made thereunder. ________ undertakes that if
the registration will terminated by the Authority before the ending date, ______
shall notify the same to the Mahima/_____ with written communication.
(e) The Business Associate is interested and is providing its consent for addition for its
name as Real Estate Agent for the following projects and if in future it wishes to
add/remove any project it shall provide its consent for the same in writing to the
Company. The projects for which Business Associate is providing its consent are as
follows:
i. Mahima’s _______________
ii. Mahima’s ______________________

4. That the Company shall pay to the Business Associate commission on sale of units. The
term of this Agreement, quantum and payment mechanism is enshrined in Annexure-I.
The Published Rate and Minimum Booking Login Rate for current projects is enclosed in
Annexure-II. The Business Associate shall undertake minimum of 3 booking within 90
days, then only it shall be considered under this scheme or else it shall be considered
under the referral scheme.

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________________ ___________________
Company Business Associate
The terms and conditions of this Business Associate Agreement have been read and understood
by me/us and I/we hereby accept the same
5. That it shall be the duty of the Business Associate to use his best endeavor to maintain and
increase the sale of unit and to represent properly the interest of the Company by
systematic canvassing either personally or with the assistance of his team by assisting in
advertising schemes.
6. All order/bookings obtained by the Business Associate shall be forwarded immediately to
the company at its above mentioned registered office/address.
7. That the Business Associates shall not accept the payment directly in cash arising out of
sale of the units of the Company and all Cheques/Demand Drafts for booking/selling
shall be accepted by the Business Associates in the account name of concerning Group
Company.
8. The Company may terminate the agency immediately at any time hereinafter on the
happening of any of the events –
(a) Should the Business Associate die or in the opinion of the Company from any
cause become incapable of carrying out the terms of the agency and his duties
hereinafter.
(b) Should the Business Associate become bankrupt or being a company go into
liquidation either voluntary or compulsory.
(c) Should the Business Associate being a partnership firm after the constitution of the
firm either by dissolution of firm or retirement of a partner or by taking new
partner(s) or otherwise change the constitution, organization or management of
the Business Associates business.
(d) Should statutory restrictions be levied upon the Business Associate.

9. This Agreement shall be terminable by the company at its sole discretion at any time
during the term of this agreement. In case the agreement is terminated by the Business
Associate, the company shall have right to forfeit the commission payable to the Business
Associate.

10. That upon termination of this Agreement, the Business Associates shall cease to be
regarded as business associate of the Company and shall thereafter stop from representing
themselves as Business Associates of the Company. The Business Associates undertake
not to disclose or reveal or part with the confidential information related to the Company,
its business, its projects unless authorized by the Company to do so. Moreover, the
Business Associates shall return or destroy all the confidential documents received from
the Company, or created or received by Business Associate on behalf of the Company, that
the Business Associate still maintains in any form and retain no copies of such information;
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________________ ___________________
Company Business Associate
The terms and conditions of this Business Associate Agreement have been read and understood
by me/us and I/we hereby accept the same
 or, if such return or destruction is not feasible, the obligations of the Business Associate
contained in the Business Associate Agreement shall extend beyond termination of this
Agreement for so long as the Business Associate maintains such confidential information.
Also, any cheque/ DD/any negotiable instrument in possession of the Business Associates
belonging to or in the name of the Company shall be duly returned /forwarded to the
Company.
11. That the Business Associates abide not to misrepresent the customer of anything which is
inconsistent with or contravenes the Company’s conditions of sale or prejudicial to the
interests of the Company. No extra commitment without informing the Company can be
made to the prospective buyer and the Business Associate alone shall be responsible to
fulfill all such commitments at its own cost and expenses and shall indemnify the
Company against any claim made by the prospective buyer regarding any such claim
made by the Business Associate.
12. The Business Associate will not interfere with the working of other Business Associates
engaged by the company or act against the business ethics to source the customer of such
other Business Associate or act in such a manner which is detrimental to the interest of the
business.
13. The Business Associate shall disclose all the terms and condition imposed by the Company
on purchase of a property to the prospective Customer and shall also ensure about the
completion of formalities while booking a property by any customers.

14. The Business Associate will refer to the Company all enquiries received by him outside his
working jurisdiction for which he shall never ask for any commission if the same falls
outside his territory.

15. The Business Associate will arrange for his own office at its own expenses including rented
premises, telephone rental, electricity expenses, etc. which shall not be reimbursed by the
company.
16. That the Business Associate may use name and logo of Company for the purpose of any
correspondence including commercial documents, on name plate or signage at their place
of business describing themselves as selling Business Associate of the Company only in the
manner as prescribed by the Company and simultaneously protecting the Trademark/
Logo of the Company. Such usage shall be subject to the period of concurrence of this
Agreement and for the specified purpose and any violation of the permitted usage by the
Business Associates shall be regarded as material breach of this Agreement and the
Business Associates shall be liable to indemnify the Company for all the losses. However
the Business Associates shall not use the trademark, patent or any other intellectual
property / right of the Company for any purpose other than the specified ones.

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________________ ___________________
Company Business Associate
The terms and conditions of this Business Associate Agreement have been read and understood
by me/us and I/we hereby accept the same
17. The Business Associate will bring to the notice of the company any information received
by them which is likely to be of use or benefit to the Company in marketing/selling of the
property.
18. The Business Associate will keep full and proper books of account and records showing
clearly all inquiries, transactions & proceedings related to the agency which shall be open
for inspection by the Company at any point of time.
19. The Business Associate will not assign, transfer, charge or in any manner make over or
purport to assign, transfer, charge or make over this agreement or their rights there under
or any part thereof without obtaining the previous consent in writing of the Company.
20. The Business Associate in case of any dispute with the purchaser/customers in relation to
the sale of any property will forth with inform the Company of such dispute and will not
without the Company’s consent in writing take any proceedings in respect of or
compromise the dispute or grant a release to any debtor of the Company.
21. That the Business Associates are not any employee, agent, partner, legal representative, or
franchisee of the Company.
22. That the Business Associates are not authorized to incur any debt, expense, obligation or
open any bank account on behalf of/for, or in the name of the Company.
23. The Company shall not be liable /responsible for actions/ omissions of any third party
(ies) appointed / hired/ contracted by the Business Associates for such purpose. Rather,
the Business Associates shall be liable to indemnify the Company for any claim, loss or
damage arising from such actions/ omissions of such third party (ies).
24. That the Company shall not be responsible if due to any act natural calamity /change in
law or unforeseen circumstances it is unable to perform its normal working. In such
circumstances no claim from business associates in any form shall be tenable / acceptable.
25. That the Business Associates shall indemnify and hold the Company harmless against all
claim(s) made by them or by third party and any liability which might arise due to
violation of these terms and conditions.
26. That in the event of a provision of this agreement is held to be invalid or unenforceable, in
such circumstances only not-enforceable provision shall be construed to be unenforceable
and other provisions of the Agreement shall continue to remain in force.

27. That any dispute, controversy, or claim arising between the parties to this Agreement out of
or relating to this Agreement, including their respective rights and obligations contained
herein, or the breach termination, or invalidity of this Agreement, or relating to
interpretation of any provisions herein, such differences or disputes or matters shall be
submitted for arbitration to a Sole Arbitrator appointed by the Company, who shall decided
the same in accordance with the Arbitration and Conciliation Act, 1996 and any other
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________________ ___________________
Company Business Associate
The terms and conditions of this Business Associate Agreement have been read and understood
by me/us and I/we hereby accept the same
 statutory modifications or re-enactment thereof. The language to be used in the arbitration
shall be English. The arbitration proceedings shall be held in Jaipur. Each party further
agrees that it shall not commence or maintain any suit or legal proceeding concerning a
dispute hereunder until such dispute has been finally settled in accordance with the
arbitration procedure provided for herein.

IN WITNESS WHEREOF the parties have put their hand out of their free will, without coercion
or under influence on the day and year herein above written.
For Mahima Group For M/s _________________________

____________________ __________________________________
Mr. ________________ Mr. ________________________

In the presence of Witnesses:

1. 2.

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________________ ___________________
Company Business Associate
The terms and conditions of this Business Associate Agreement have been read and understood
by me/us and I/we hereby accept the same