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AGREEMENT This Agreement is made at New Delhi on this __________ day of ____________011.

[hereinafter referred to as the ‘Effective Date’] BETWEEN M/s. Era Landmarks Limited incorporated under the Companies Act, 1956 having its registered office at 153, Okhla Industrial Estate, Phase III, New Delhi – 110020 and corporate office at B – 24, Sector 3, Noida - 201301 through its authorized signatory, ______________________________, duly authorized in this regard vide board resolution dated _________________________ hereinafter referred to as the 'First Party') which term shall, unless the context requires otherwise, include its successors and permitted assigns, representatives, administrators, nominees , associated companies, subsidiaries, group companies etc. of the FIRST PART. AND

1st Applicant Mr/Ms/Mrs. S/D/W/o R/o _____________________________________________ _____________________________________________ _____________________________________________

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2nd Applicant Mr/Ms/Mrs. S/D/W/o R/o _____________________________________________ _____________________________________________ _____________________________________________

Hereinafter jointly and severally referred to as the ‘Second Party’ (which expression unless excluded by or repugnant to the context or meaning thereof, be deemed to mean and include singular and plural , masculine as well as female, executors, administrators, successors-in- title and legal representatives) of the SECOND PART. Hereinafter First Party & Second Party are collectively referred to as 'Parties' and individually as ‘Party' as the context demands. WHEREAS A. The First Party is in the business of developing residential townships, commercial complexes, condominiums, commercial/residential apartment farm houses etc. in and around National Capital Region (NCR). The Second Party, being desirous of acquiring developed residential plots on Dwarka Expressway, Gurgaon has approached the First Party and has expressed its desire to contribute and invest funds for future purchase of land in the name of the First Party, which is being purchased by the First Party for residential colony to be developed by it as per the licenses / sanctions/ Approvals of the competent authority. The Second Party has also requested the First Party that in lieu of the aforesaid contribution by the Second Party for the purchase/acquisition of future land for developing residential plots, in a future residential colony, developed plots in the said residential colony may be reserved for allotment on priority to the Second Party. The First Party has considered the request of the Second Party and has agreed to accept the contribution of funds by the Second Party for purchase of residential plots in the future residential colony. The Parties hereto have agreed to enter into this arrangement/agreement upon the terms and Conditions contained herein below.

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NOW THEREFORE, THIS ARRANGEMENT/AGREEMENT BETWEEN THE PARTIES WITNESSETH AS BELOW: 1. The Second Party has agreed to provide funds as per details & payment plan mentioned below to the First Party for the purchase/acquisition of future land for developing residential plots in a future residential colony by the First Party in its name or in the name of its associates/ nominees etc. as per the licenses / sanctions/ Approvals of the competent authority.

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Basic Amount to be paid by Second Party Payment Plan ‘Advance’ on registration

:

Rs. _________________

:

Rs. _________________

Within 30 days of registration
On LOI / License On Allotment Within 90 days of allotment On offer of possession

:
: : : :

60% of Basic Value LESS Reg. amount
10% of Basic Value 5% of Basic Value + 100% of EDC & IDC + 100% PLC (if applicable) 15% of Basic Value 10% of Basic Value + Club Membership + Maintenance Security + other charges (As applicable)

2.

That the Second Party has contributed an amount of Rs ………………………………. (Rupees ………………………………………………………………………………… Only) as per details of cheques */Demand Draft given below, receipts of which the First Party acknowledges towards the contribution of the Second Party for purchase/acquisition of future land for developing residential plots in a future residential colony by the First Party situated on/near Dwarka Expressway, Gurgaon in the name of the First Party / its associated companies/ nominees.

Cheque /Demand Draft Number

Date

Amount

Drawn On Bank

*Please note that cheque payment shall be subject to realization by the Company.
3.

That the First Party, in lieu of the aforesaid contribution and investment by the Second Party towards purchase/acquisition of future land for developing residential plots in a future residential colony by the First Party on/near Dwarka Expressway, Gurgaon has agreed to reserve an area of approximately ________ sq.yd. ___________________________ six sq.yds, [hereinafter referred to as the ‘Land’] to be allotted within 12 (Twelve) Months with a grace period of 6 (Six) Months from the Effective Date, for allotment on priority basis in favour of the Second Party.

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4.

That the Second Party shall be liable to pay the Infrastructure Development Charges / External Development Charges (IDC/EDC) in addition to the Basic Amount to be paid by the Second Party; and / or any other levies and charges over the developed plotted area which are imposed by any competent authority. The Second Party on demand by First Party shall pay the EDC/IDC. Apart from the internal services if any External and or peripheral services are provided by First Party or Government or Local authority for any bigger zone and any charge is levied therefore and or any other charges are levied in any respect, the same shall also be payable in addition to the aforesaid price of the land and be paid pro-rata by the Second Party. That Preferential Location Charges, as applicable for the scheme depending upon the location of the plots to be allotted in lieu of the contribution as mentioned above, will be payable by the Second Party in addition to the EDC / IDC, Basic Payment, and any other government levies that will become applicable at the time of allotment. That it has been agreed by the Second Party that the Land can be allotted anywhere on/near Dwarka Expressway, Gurgaon in the integrated residential colony being developed by the First Party, and such decision of allotment shall be at the sole discretion of the First Party and the Second Party shall not claim any other part of the residential colony except specific residential plot being allotted to him/her/them against the Basic Price and other charges paid by the Second Party. That in case of any differences between the First Party and Second Party with regard to the sizes and the location of the plot(s) comprising in the said colony, etc. the decision of the First Party in this regard shall be final and binding on the Second Party. That in case the area of Land allotted to the Second Party is less than the area reserved as per Clause-3, the First Party shall refund the proportionate amount at it’s prevalent rate on the date of allotment. Similarly if the Land -allotted to Second Party exceeds the area agreed/reserved in Clause 3, then the excess area shall also be charged to the Second Party at the First Party’s prevalent rate on the date of allotment, which the Second Party without any demur agrees to pay as demanded by the First Party. That the Second Party shall be entitled to get allotted the Land as agreed herein, in favour of its own name, in lieu of its contribution made vide the Basic Price, other charges, etc. towards purchase of said land. The First Party will endeavor to allot Land in favour of the Second Party within 12 (Twelve) Months, with a grace period of 6 (Six) Months, from the Effective Date in the residential colony being developed by it or its nominees, associated company etc.. The Second Party will have the right to assign/transfer the said plots in favour of its nominees, after due written approval from the First Party but only after completing all the formalities as informed by First Party. First transfer shall be free. Any transfer thereafter will be charged as per the charges determined by first party at that point of time. It is acknowledged by the Second Party that no transfer as contemplated in this clause shall be effected without prior intimation to and approval from the First Party. That the First Party shall collectively develop the said land into residential colony in due compliance of the terms of license and also in accordance with development laws.

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The Second Party hereby acknowledges and agrees that it shall execute the agreements in the format provided by the First Party with respect to the allotment and registration of the Land including without limitation ‘Plot Buyer's Agreement’ or ‘Allotment Letter’ etc., in a timely manner and return the signed draft to the First party or its nominee or associated Company as per the timeline provided by them. The Second Party acknowledges and agrees that the said agreements shall contain detailed terms and conditions pertaining to the allotment and user of plots in the said Residential Colony as well as rights and obligations of the allottees. The execution of such Plot Buyer's Agreement / Allotment Letter shall be a condition precedent for allotment of the Land in favour of Second Party. All expenses with regard to stamp duty, registration charges and other incidental expenses to cover the cost of registration of the sale deed will be borne by the Second Party. In case the First Party fails to obtain the license and consequential right for the sale or allotment of the Land as contemplated above within a period of 18 months as stipulated herein above in clause 3, - or is unable to make allotments of Land in terms of this Agreement due to any reason whatsoever, then the Second Party shall be entitled to get Rs. ____________________ (Rupees ______________________________________________________________ Only) as compensation along with refund of existing contribution paid by the Second Party, which will be paid to the Second Party within sixty days from the date of written request to that effect made by Second Party after expiry of eighteen months. The Second Party hereby acknowledges that besides the compensation as specified in this Clause the Second Party shall not be entitled to any other sums including without limitation to indirect or indirect loss, damages, costs, interest etc. Notwithstanding the aforesaid the Second Party in the eventuality of non allotment of Land within the period agreed hereto, may elect to continue with this Agreement. That it is unconditionally agreed and acknowledged that the Second Party shall not be liable or entitled to any refund of amounts paid under this Agreement before the expiry of 18(eighteen) months from the Effective Date and shall be entitled to refund only if First Party fails to allot Land within the period of 18 months from the Effective Date. The Second Party can exercise this option of refund after expiry of 18 months from the Effective Date. If the Second Party does not communicate the exercise of the above option in writing, then it will be understood and presumed that he/she has decided to continue this Agreement as per terms and conditions herein. However, it is explicitly understood that the Second Party will be entitled to either refund of his investment with compensation amount as stipulated hereinabove or allotment of developed Land as per the understanding, but under any circumstances will not be entitled to the both. Once the First Party has given notice/intimation for start of allotment process to Second Party, the Second Party shall complete formalities of allotment within forty five (45) days from the date of such notice, failing which the First Party may terminate this agreement with immediate effect after the expiry of thirty days. The Second Party acknowledges that upon such termination it shall only be entitled to the refund of existing contribution paid by the Second Party and not to any other sums including compensation, direct or indirect loss, damages, costs, interest etc.

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That it is expressly agreed and understood by the parties that this Agreement shall not be construed as Agreement to sell of developed residential plots. Further, it is also agreed that simultaneously on allotment the Second Party shall sign and execute the definitive terms and conditions of allotment and all formalities required in this regard and shall be abide by the same. Further, the Second Party shall undertake to perform his part obligation in accordance therewith and shall be bound by the same. That this Agreement has been executed in two counterparts, each of which Shall be deemed to be an original, but both shall constitute one and the same instrument and arrangement That the Courts at Delhi / New Delhi only shall have jurisdiction in case of any dispute.

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IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR RESPECTIVE HANDS ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN. WITNESSES: 1._______________ _______________ _______________ _______________ 2._______________ _______________ _______________ FIRST PARTY

SECOND PARTY

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