(Hereinafter singly/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 mean and include his/her/their heirs, executors, administrators, successors-in-interest and permitted assigns and all those claiming through him/her/them). The Company and Allottee(s) shall hereinafter be collectively referred to as “Parties” and individually as “Party”.

DEFINITIONS: For the purpose of this Buyer's Agreement, unless the context otherwise requires:-
“Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016) including amendments and modifications made thereunder;
“Government” means the Government of the State of Haryana;

“Policy” means the Haryana Affordable Housing Policy 2013, issued by the Government of Haryana vide the notification dated 19.08.2013 of the Town and Country Planning Department and all amendments and modifications made thereunder;

“Rules” means the Real Estate (Regulation and Development) Rules, 2017 for the State of Haryana including amendments and modifications made thereunder; “Section” means a section of the Act.

WHEREAS:

The Company is the absolute and lawful owner of all land comprised in Rectangle No.112 Kila No. 11 min (0- 2.5), 12 min (0-2.5), 17/2 (1-11), 18/2 (7-18), 19 (8-0), 20 (8-0), 21 (8-0), 22 min (7-19), 23 min (6-0), 24/1 min (4-2), total 51 Kanal 15 Marla or admeasuring 6.46875 acres situated in the Revenue Estate of Village Dhankot, Sector 99A, Gurugram, Haryana (hereinafter referred to as the “said Land”) vide registered sale deed no. 13683 dated 03.09.2012, sale deed no. 13986 dated 05.09.2012, sale deed no. 14817. dated 14.09.2012 and sale deed no. 16049 dated 01.10.2012, registered at the office of the Sub Registrar, Gurugram.

The Company is constructing and developing an independent Affordable Group Housing Project upon the said Land under the name of "Habitat Prime" (hereinafter referred to as the ‘Said Project’) on the said Land.

The Company has also developed an Affordable Group Housing Project on land admeasuring 5.95625 acres, (being land adjoining the said Land), under the name of "Habitat" situated in the revenue estate of village Dhankot, Sector-99A, Gurugram, Haryana, pursuant to license no. 21 of 2014 dated 11.06.2014. While the Said Project is adjacent to the project "Habitat", however the Said Project is being constructed as an independent project and is no way related to the project "Habitat".

The Said Project is being developed pursuant to License No. 38 of 2020 dated 25.11.2020 (hereinafter referred to as the “Said License”) granted by Director Town and Country Planning, Haryana, Chandigarh (hereinafter referred to as “DTCP”) for construction and development of an Affordable Group Housing Project on the said Land as per the Haryana Affordable Housing Policy, 2013, issued by Government of Haryana vide Town and Country Planning Department notification dated 19.08.2013 and all modifications and amendments thereunder, (hereinafter referred to as the “Policy”).

The Company has got the building plans of the Said Project approved vide memo No. ZP-1448/SD(DK)/2021/ 4613 dated 24.02.2021 from the office of DTCP and as such the Said Project is being developed and constructed on the Said Land in accordance therewith.

The Said Project is being developed by the Company and in accordance with the aforesaid approvals and sanctions including environment clearance, and other regulatory approvals and is being developed in terms of the Policy.

The Said Project comprises of several buildings/towers consisting of various apartments along with common/support infrastructure, parking sites, and a community building (community hall, anganwadi-cum- crèche) in terms of the Policy including commercial building/Component.

The Allottee(s) acknowledged and confirmed that the Company has provided all information, clarifications and documents in relation to the sanctions, approvals and details of the Said Project as was demanded by him and he has fully satisfied with the same and had relied on his own judgement and investigation in deciding to apply for allotment of the Said Apartment (defined hereinafter) in the Said Project.

The Allottee(s) has applied to the Company for allotment of an Apartment in the Said Project vide his/her Application No. 112 dated 04 Jul 2021 together with required affidavit and undertaking in terms of the Policy.

Pursuant to the aforesaid application and in terms of the Policy, Apartment No. A1-101 in Tower A1, having carpet Area of 645.83 Sq.Ft & Balcony Area of 102.85 Sq.Ft (more specific layout shown in “Annexure-A” to this Agreement), on 1st Floor, together with 1 (One) two wheeler parking space (hereinafter referred to as the “Said Apartment), in the Said Project, was allotted to the Allottee(s) vide Allotment Letter dated 18th October 2021 in terms of the Policy and on other terms and conditions appearing hereinafter.

The Company has since registered the Said Project with Haryana Real Estate Regulatory Authority, Gurugram under the provisions of the Real Estate (Regulation and Development) Act, 2016 (“said Act”) read with the Rules (“said Rules”) notified there under for the State of Haryana vide registration No.26 of 2021 dated 22.06.2021.

The Allottee(s) has seen, satisfied himself/herself/themselves and accepted the plans, designs, specifications, materials to be used, features in the construction etc. of the Said Project and further has already inspected all the licenses, plans, permissions, sanctions, approvals etc. received from the various authorities in relation to the Said Project.

The Allottee(s), after inspection of the site, documents, ownership records of the said Land, laws, bye-laws, rules, regulations formulated by the statutory authorities, which are applicable to the Said Project and after having been satisfied with all the facts, has applied to the Company for allotment of the Apartment in the Said Project.

The Allottee(s) agrees that he has full knowledge of the fact that the aforesaid allotment of the Said Apartment is subject to various eligibility criteria and restrictive covenants prescribed under the Policy. The Allottee(s) represents and warrants that he/she fully meets all the eligibility criteria and undertakes to abide by all the terms and conditions of the Policy and undertake to abide by the applicable provisions of the Policy and any other applicable laws, rules, regulations, bye-laws or orders made pursuant thereto or otherwise applicable including but not limited to the Haryana Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder.

The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into the present Agreement on terms and conditions appearing hereinafter.

In accordance with the terms and conditions of this Agreement and as mutually agreed upon by and between the Parties, the Company hereby agrees to sell and the Allottee(s) hereby agrees to purchase the Said Apartment alongwith 1 (one) two-wheeler parking as specified in Para J.

NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
TERMS:

Subject to the terms and conditions as detailed in this Agreement, the Company agrees to sell to the Allottee(s) and the Allottee(s) hereby agrees to purchase the Said Apartment, inclusive of 1 (one) two- wheeler parking as specified in Recital J and as per the Policy and subject to the conditions that the Allottee(s) pays the entire cost and other charges as per this Agreement and also fulfils the terms, conditions and stipulations as contained hereinafter.

The Total Price of the Said Apartment alongwith 1 (one) two-wheeler parking based on the carpet area is Rs. 26,33,317/- (Rupees Twenty Six Lakh Thirty Three Thousand Three Hundred Seventeen Only) ("Total Price") as detailed hereinunder:-

Block/ Building/ Tower No.
A1

Apartment No.
A1-101
Type 2 BHK + UTILITY

Floor 1st Floor

Carpet Area (in sq. ft*) 645.83

Cost of Carpet Area (Rs.) 25,83,317/-

Balcony Area (in sq. ft*) 102.85

Cost of Balcony Area (Rs.)** 50,000/-

Parking 1 (One) two Wheeler parking Total Price (in Rupees)*** 26,33,317

*1 sq. mtr = 10.764 sq. ft.

** Balcony shall be charged only for upto 100 sq. ft. as per Policy
*** Above cost is exclusive of applicable GST/Applicable Taxes
As per Policy, each Allottee(s) shall be allotted one two-wheeler parking in the Said Project. This is equal to half Equivalent Car Space for each Apartment. Additional parking (subject to availability), may be allotted by the Company on such charges and terms and conditions as mentioned in the Policy and/or other applicable laws.

Explanation: The Total Price/Cost as mentioned above includes the booking amount paid by the Allottee(s) to the Company towards the Said Apartment. The Company has calculated Total Price/Cost payable by the Allottee(s) for the Said Apartment on the basis of Carpet Area, balcony area of the Said Apartment as per the Policy. “Carpet Area” shall mean the net usable floor area of an Unit, excluding the area covered by the external walls and areas under services shafts exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the Unit

The Total Price as mentioned above excludes Taxes including but not limited to GST with statutory requirements under Section 171 of the CGST Act, 2017, Value Added Tax (VAT), Service Tax (if any) and other taxes, fees, charges, levies, etc., in connection with the development/construction of the said Project paid/payable by the Company up to the date of handing over the possession of the Said Apartment alongwith 1 two-wheeler parking to the Allottee(s) after obtaining the necessary approvals from competent authority for the purposes of such possession. The Allottee shall be liable to pay such taxes applicable upon the Said Apartment in addition to the Total Price as per the demands raised by the Company from time to time: Provided that, in case there is any change/modification/new imposition in the taxes/charges/ fees/levies etc., the subsequent amount payable by the Allottee(s) to the Company shall be increased/decreased based on such change/modification:

The Company shall periodically intimate in writing to the Allottee(s), the amount payable as stated in (ii) above and the Allottee(s) shall make payment demanded by the Company within the time and in the manner specified within such demand.

The Total Price of Said Apartment includes recovery of price of land, development/construction of [not only of the Said Apartment ] but also of the Common Areas, Internal Development Charges (IDC), Infrastructure Augmentation Charges, External Development Charges (EDC), taxes/fees/levies etc., cost of providing electric wiring, electrical connectivity to the Said Apartment , lift, water line and plumbing, finishing with paint, tiles, doors, windows, fire detection and firefighting equipment in the common areas as provided hereinafter and includes cost for providing all other facilities, amenities and specifications to be provided within the Said Apartment as detailed more specifically in the specification sheet as annexed hereto as Schedule D. If the Allottee(s) desires additional load, then, he will have to apply for the same to the Company by paying additional cost as will be intimated by the Company. The aforesaid Total Cost mentioned in Clause 1.2 above does not include anything which is not specifically stated including but not limited to electric connection charges, electric and water meters, service lines, utility based charges and the cost of fittings and fixtures, geysers, fans and any similar infrastructure, which shall be installed by the Allottee(s) at his own cost or by the Company at the cost of the Allottee(s).

The Total Price is escalation-free, save and except increases which the Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time even after completion of the construction of the Said Apartment and execution and regulation of the Conveyance Deed. The Company undertakes and agrees that while raising a demand on the Allottee(s) for increase in development charges, cost/charges/fees/levies etc. imposed by the competent authorities (retrospective and/or prospective, the Company shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee(s). Such development charges, taxes, levies, etc. shall be treated as unpaid cost of the Said Apartment and the Company shall have the final charge/lien on the Said Apartment for recovery of such charges from the Allottee(s). This Clause will survive post execution of the Conveyance/Sale Deed to be executed for the Said Apartment. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Said Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Said Project by the Authority, as per the Act, the same shall not be charged from the Allottee(s).

If any additional charge for extra amenities/safety measures or any other charge, levy, tax, fee, cess etc. of any nature, is levied, charged or imposed by any Authority, in future or retrospectively, with respect to the Said Project, the same shall be charged to the account of the Allottee(s) on pro-rata basis and the same shall be payable to the Company on demand. The Allottee(s) shall make the payment as per the payment plan set out in Schedule of Payments, i.e.

Schedule C, in terms of the Policy.
It is agreed that the Company shall not make any additions and alterations in the sanctioned building plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule ‘D’ and Schedule ‘E’ in respect of the Said Apartment, as the case may be, except as per the provisions of the Act and Rules made thereunder or as per approvals/instructions/guidelines of the competent authorities. Provided that, the Company may make such necessary additions or alterations or such necessary changes or alterations as per applicable law and/or the provisions of the Act and Rules made thereunder or as per approvals/instructions/guidelines of the competent authorities.

The Company shall confirm to the carpet area that has been allotted to the Allottee(s) after the construction of the Building within which the Said Apartment is situated, as the case may be, is complete and the occupation certificate/ part occupation (as the case may be) is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Company. If there is reduction in the carpet area, then the Company shall refund the excess money paid by Allottee(s) within 90 days and/or adjust it against any monies payable by the Allottee(s) to the Company at the discretion of the Company. If there is any increase in the carpet area, which is not more than five percent of the carpet area of the Said Apartment, allotted to the Allottee(s), the Company may demand that from the Allottee(s) as per the next milestone of the Schedule of Payment as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement.

Subject to the Allottee(s) abiding by all its obligations under this Agreement, the Company agrees and acknowledges, the Allottee(s) shall have the right to the Said Apartment for Residential use only as mentioned below:

The Allottee(s) shall have exclusive ownership of the Said Apartment for residential usage alongwith parking (if applicable); The Allottee(s) shall also have a right in the Common Areas and Facilities as provided under Rule 2(1)(f) of Rules, 2017. The Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Company shall hand over the common areas to the Association of Allottees (to be formed/as provided hereinafter), as the case may be, as provided under the applicable law, which handover shall be undertaken after the expiry of the 5 (five) year period as provided in Clause

11.4 hereinbelow for which a separate conveyance deed shall be executed in favour of the Association of Allottees as provided in the Act and Rules.; Common Areas and Facilities means and includes:

The land on which the Said Project is located and all easements, rights and appurtenances belonging to the Said Project, The foundations, columns, girders, beams, supports, mainwalls, roofs, halls, common corridors, passages, lobbies, stairs, stair-way, fire-escapes, refuge areas, mumties, lifts and entrances and exits of the Said Project;

Installations of common services, such as power, light, water, sewerage, pipes and in general all apparatus and installations existing for common use including electrical, plumbing and fire shafts, services ledges on all floors; The area under the built-up community building (one community hall and one Anganwadi-cum-Creche);
All other parts of the Said Project necessary or convenient to its existence, maintenance and safety or normally in common use.
The Allottee(s) has the right to visit the project site to assess the progress of the Said Apartment after providing 7 (seven) days prior written intimation to the Company. This prior intimation is mandatory as the Said Project would be ongoing and in turn to ensure safety and security of the Allottee(s).

The Company agrees to pay all outstanding payments before transferring the physical possession of the Said Apartment to the Allottee(s), which it has collected from the Allottee(s), for the payment of such outstanding including land cost, ground rent, municipal or other local taxes/charges/levies etc., charges for water or electricity, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Said Project. If the Company fails to pay all or any of the outstanding(s) collected by it from the Allottee(s) or any liability, mortgage loan and interest thereon before transferring the Said Apartment to the Allottee(s), the Company agrees to be liable, even after the transfer of the Said Apartment , to pay such outstanding(s) and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person.

The Allottee(s) has paid a sum of. Rs. 1,29,166/- (Rupees One Lakh Twenty Nine Thousand One Hundred Sixty Six Only) as booking amount being part payment towards the Total Price of the Said Apartment at the time of application; the receipt of which the Company hereby acknowledges and the Allottee(s) hereby agrees to pay the remaining price/cost of the Said Apartment as prescribed in the Schedule of Payments [Schedule C] as may be demanded by the Company within the time and in the manner specified therein.

Provided that if the Allottee(s) delays in payment towards any amount which is payable on any account whatsoever under this Agreement, he shall be liable to pay interest at such rate as prescribed in the said Rules.

MODE OF PAYMENT The Allottee(s) shall make all payments within the stipulated time as mentioned in the Schedule of Payments as given in Schedule C, annexed to this Agreement and as may be demanded by the Company from time to time through A/c Payee Cheques/Demand Draft/Pay Order/NEFT/RTGS in favour of “PIPL Habitat Prime Rera Master Escrow Account” payable at Delhi/Gurugram. Upon clearance of above payment, receipt shall be given in relation thereto by the Company to the Allottee(s). TDS (if applicable) shall be deducted on all payments by the Allottee(s) and proof of the same shall be duly furnished to the Company by the Allottee(s) within the specified timelines.

If the payment of any cheques deposited by the Allottee(s) to the Company gets dishonored for any reason whatsoever, the Company shall be fully entitled, at its sole discretion, to terminate this Agreement and to forfeit the entire Earnest Money, interest on delayed payment and applicable taxes, out of the total amounts paid by the Allottee(s) to the Company till that date and balance money (if any) will be refunded by Company, without any interest or any compensation for any reason whatsoever, and the Allottee(s) shall have no other claim whatsoever against the Company. However, the Company may, at its sole discretion, without prejudice to such right of termination, charge cheque dishonor charges of Rs. 500/- for dishonor of any payment cheque for first instance and for second instance, the same would be Rs. 1000/-. Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s)/ wire transfer only. In case Allottee(s) fails to deposit the bank demand draft(s)/ NEFT/ RTGS within next 7 days of sending of intimation of dishonor of cheque to the Allottee(s), the Company may at its sole discretion, terminate this Agreement in the manner specified hereinafter and be entitled to forfeit the Earnest Money, interest on delayed payment and applicable taxes. In the event of dishonor of any payment cheque, the Company has no obligation to return the original dishonored cheque.

The Allottee(s) has already paid a sum of Rs. 1,29,166/- (Rupees One Lakh Twenty Nine Thousand One Hundred Sixty Six Only) along with the Application Form submitted by him being approximately 4.91% of the Total Cost of the Said Apartment, receipt of which has already been acknowledged by online portal of Town and Country Planning Department.

2.4. The Allottee(s) agrees and understands that in the event of cancellation/ surrender/withdrawal of the allotment of the Said Unit for any reason whatsoever, the following amount (hereinafter referred to as the “Earnest Money”*) shall be forfeited by the Company in addition to Rs. 25,000/- plus applicable taxes/charge/ fee etc.:

S.No.
Particular
Amount to be forfeited
1. In case of surrender/cancellation/ withdrawal of Allotment before commencement of Project.
Nil
2. Upto 1 year from the date of commencement of the Project.
1% of the cost of flat
3. Upto 2 years from the date of commencement of the Project.
3% of the cost of flat
4. After 2 years from the date of commencement of the Project.
5% of the cost of flat

Further interest on delayed payment and applicable taxes thereon as well payments made to third parties shall also be deducted. Thereafter balance amount shall be refunded to the Allottee(s).

*Earnest Money plus applicable taxes/charges/ fee etc. as mentioned above is subject to change as per the Policy and/or other applicable laws, notification, amendment, modification as applicable from time to time.

The Allottee(s) further agrees and undertakes to pay the remaining cost and all other charges as described in Schedule of Payment annexed as Schedule C and in this Agreement and in the manner indicated in this Agreement.

Timely payment of instalments as stated in Schedule of Payment as per Schedule-C and applicable stamp duty, registration fee and all other charges payable under this Agreement is the essence of this contract. It shall be incumbent on the Allottee(s) to comply with the terms of payment and other terms & conditions of allotment of the Said Apartment as mentioned in this Agreement.

The Allottee(s) understands, confirms and agrees that in case of delayed payment of any instalment, the payment so made by the Allottee(s) shall first be adjusted towards interest accrued on previous outstanding amounts and only thereafter the balance payment shall be adjusted towards the current outstanding amounts.

The Allottee(s) agrees that the conditions for forfeiture of Earnest Money, interest on delayed payment and applicable taxes shall remain valid and effective till the execution and registration of conveyance deed for the Said Apartment.

The Company shall have the first lien and charge on the Said Apartment for all its dues and other charges payable by the Allottee(s) to the Company.

The Allottee(s) agrees that the Company has calculated the Total Cost payable by the Allottee(s) for the Said Apartment on the basis of its Carpet Area and Balcony Area. The Allottee(s) further agrees and undertakes that he/she has understood and agrees to the formulation of the Carpet Area and its calculation for the purpose of the Said Apartment or otherwise in relation to this Agreement and shall not question the same at anytime. It is specifically clarified by the Company and is agreed upon by the Allottee(s) that the Carpet Area stated in this Agreement is subject to change till the construction of the Said Project is complete in all respects. The Final Carpet Area shall be confirmed by the Company only after completion of the construction of the Said Project and any increase or decrease in the Carpet Area of the Said Apartment shall be paid for in the manner mentioned in this Agreement.

COMPLIANCE OF LAWS RELATING TO REMITTANCES:
The Allottee(s), if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the Company with such permission, approvals which would enable the Company to fulfill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or the statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or any other applicable law. The Allottee(s) understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she may be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time.

The Company accepts no responsibility in regard to matters specified in Clause 3.1 above. The Allottee(s) shall keep the Company fully indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee(s) subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee(s) to intimate the same in writing to the Company immediately and comply with all necessary formalities as specified and under the applicable laws. The Company shall not be responsible towards any third party making payment/remittances on behalf of any Allottee(s) and such third party shall not have any right in the application/allotment of the Said Apartment applied for herein in any way and the Company shall be issuing the payment receipts in favour of the Allottee(s) only.

ADJUSTMENT/ APPROPRIATION OF PAYMENTS:
The Allottee(s) authorizes the Company to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding of the Allottee(s) against the Said Apartment, if any, in his/her name and the Allottee(s) undertakes not to object/demand/direct the Company to adjust his payments in any manner

TIME IS ESSENCE
Subject to the Allottee(s) fulfilling in a timely manner all his/her/ their obligations under this Agreement strictly in the manner provided herein, the Company shall abide by the time schedule for completing the Said Project as disclosed at the time of registration of the Said Project with the Authority as well as any extension thereto granted by the Authority and towards handing over the Said Apartment to the Allottee(s) and the common areas to the Association of Allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of said Rules and said Policy.

CONSTRUCTION/ DEVELOPMENT OF THE PROJECT
The Allottee(s) has seen the proposed layout plan, demarcation-cum-zoning, site plan, building plan, specifications, amenities, facilities, etc. regarding the Said Project where the Said Apartment is located and has accepted the floor, site plan, payment plan and the specifications, amenities, facilities, etc. which has been approved by the Competent Authority, as represented by the Company. The Allottee(s) has also accepted the specifications and information as to the material to be used and features in the construction of the Said Apartment as set out in the present Agreement and Schedules hereto.

The Company shall develop the Project in accordance with the bye-laws such as Haryana Building Code, 2017, FAR, density norms, provisions prescribed, approved plans, terms and condition of the license/allotment, the Policy as well as registration of RERA, etc. Subject to the terms in this Agreement, the Company undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the provisions and norms prescribed by the Haryana Development and Regulation of Urban Areas Act, 1975 and Rules thereof and shall not have an option to make any variation/alteration/modification in such plans, other than in the manner provided under the Act and Rules made thereunder or as per approvals/instructions/guidelines of the competent authorities, and any breach of this term by the Company shall constitute a material breach of the Agreement.

That the Allottee(s) acknowledged and confirmed that the Company has provided all information, clarification and documents in relation to the sanction, approvals and details of the Said Project as was demanded by him and he is fully satisfied with the same and had relied on his judgement and investigation in deciding to apply for allotment of the Said Apartment.

POSSESSION OF THE SAID APARTMENT:
Schedule for possession of the Said Apartment– Subject to the Allottee(s) strictly abiding by the terms and conditions of this Agreement, the Company agrees and understands that timely delivery of possession of the Said Apartment to the Allottee(s), is the essence of the Agreement.

Possession of Said Apartment:
That the Company shall, under normal conditions, subject to force majeure circumstances or any other event / reason of delay (a) recognized / allowed by the Authority; and/or (b) beyond the control of the Company, complete the construction of the Said Project in which the Said Apartment is to be located and shall apply for the occupation certificate of the Said Project on or before 31.05.2025 and shall strive to offer possession of Said Apartment within 48 months/ 4 years (i.e by 31.07.2025) from approval of building plans or grant of environmental clearances whichever is later, as per the said sanctioned plans and specifications seen and accepted by the Allottee(s) with such additions, deletions, alterations, modifications in the layout, tower plans, change in number, dimensions, height, size, area, nomenclature, etc. as may be undertaken by the Company as deemed necessary by it in terms of the applicable law and/or as may be required by any competent authority to be made in them or any of them and shall strive to achieve completion of the Said Project (after obtaining the occupancy certificate) on or before 24.11.2025. To implement all or any of these changes, supplementary sale deed(s)/ agreement(s), if necessary will be executed and registered by the Company.

The Company assures to hand over possession of the Said Apartment as per agreed terms and conditions unless there is delay due to “force majeure”, Court orders, Government policy/guidelines, decisions affecting the regular development of the real estate project etc. If, the completion of the Project is delayed due to the above conditions, then the Allottee(s) agrees that the Company shall be entitled to the extension of time for delivery of possession of the Said Apartment.

The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Company to implement the project due to Force Majeure and other mentioned conditions in this Agreement, then this allotment shall stand terminated and the Company shall refund to the Allottee(s), the entire amount received by the Company from the Allottee(s) within ninety days. The Company shall intimate the Allottee(s) about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/she shall not have any rights, claims etc. against the Company and that the Company shall be released and discharged from all its obligations and liabilities under this Agreement.

If the reduction/ increase of carpet area is five percent (5%) or less, then in case of reduction in the carpet area, the Company shall refund the excess money paid by Allottee(s) within 90 (ninety) days as per applicable law. If there is any increase in the carpet area, which is not more than five percent (5%) of the carpet area of the Apartment, allotted to Allottee(s), the Company may demand additional proportionate Cost for the same from the Allottee(s) as per the next milestone of the Schedule of Payment as provided in Schedule - C and/or demand the same vide a demand notice within a reasonable time frame for payment. All these monetary adjustments shall be made at the same rate per square feet at which the Said Apartment was allotted under this Agreement, as detailed hereinbefore.

In case of any major alteration/ modification/ change/ relocation resulting in more than five percent (5%) change in the Carpet Area of the Said Apartment (but not otherwise) at any time prior to and upon grant of occupation/completion certificate (subject to the Policy), the Company shall intimate to the Allottee(s) in writing the changes thereof and the resultant changes, if any, in the price of the Said Apartment and correspondingly in the amount of other applicable charges as mentioned in the Agreement to be paid by him/her and the Allottee(s) agrees to inform to the Company in writing his/her consent or objections to the changes within 15 (fifteen) days from the date of such notice, failing which the Allottee(s) shall be deemed to have given his/her full consent to all the alteration/modifications and shall be deemed to have agreed to the resultant changes in the price of the Said Apartment and correspondingly in the amount of other applicable charges as mentioned in the Agreement. If the Allottee(s) writes to the Company within 15 (fifteen) days from the date of such notice indicating his/her refusal to accept/agree to such alteration/ modification/ changes resulting in more than five percent (5%) change in the carpet area of the Said Apartment, then the Allotment shall be cancelled at the request of the Allottee(s) and the Company shall refund the entire amount received from the Allottee(s), without any interest, within the time period as per applicable law.

7.2(A) Procedure for taking possession of Said Apartment -
The Company within 2 (two) months from completion of the construction and receipt of the occupation certificate for the Tower/ Said Project within which the Said Apartment is situated, shall issue final call notice to the Allottee(s) who shall within 30 (thirty) days thereof, remit all dues and take possession of the Said Apartment.
That if the construction of the Said Apartment is delayed due to force majeure circumstances, which inter-alia include but are not limited to delay on account of non-availability of steel and/or cement or other building materials, or water supply or electric power or strike or slowdown, lockdown, epidemic, pandemic, strike or civil commotion, or by reason of war or enemy action or earthquake or any act of God, delay in certain decisions / clearances from any statutory body, receipt of occupation certificate from Statutory Authorities, intervention of statutory authorities or if non construction of the Said Apartment or delay in handover of the Apartment is as a result of any notice, order, court order, circulars, rules or notification of the Government and/or any other public or competent authority or delay in statutory authorities to process any approvals, permissions, etc. necessary to enable construction and handing over of the Said Apartment including the occupation certificate/part occupation certificate, etc. or for any other reason beyond the control of the Company and in any of the aforesaid event, the Company shall be entitled to a reasonable corresponding extension of the time for completion of construction of the Said Project where in the Said Apartment is to be located and offer of possession of the Said Apartment, on account of the force majeure circumstances.

That the Allottee(s) agrees that, if as a result of any legislation, order or rule or regulation made or issued by the Government or any other Authority or if Competent Authority refuses, delays, withholds, denies the grant of necessary approvals for constructions or occupation or if for any matters, issues relating to such approvals, permissions, notice, notifications by the competent authority become subject matter of any litigation or due to any force majeure conditions, the Company after allotment, is unable to deliver the Said Apartment to the Allottee(s), the Allottee(s) agrees that the Company shall be liable only to refund the amount received from the Allottee(s) without any interest or compensation whatsoever. That the Allottee(s), before taking the possession of the Said Apartment, shall completely satisfy himself regarding the construction, facilities and amenities in respect thereof and hereby agrees not to raise any dispute on such account thereafter either individually and/or by joining as member in Association of Allottees and/or otherwise in any capacity. The Allottee(s), upon taking possession of the Said Apartment, shall have no claim against the Company in respect of any item of work in the Said Apartment which may be alleged not to have been carried out or completed or for any design, specifications, building/ tower materials used or for any other reason whatsoever and he shall be entitled to use and occupy the Said Apartment without any interference but subject to the terms and conditions, stipulations and restrictions contained therein and in any law applicable to the Said Apartment such as the Haryana Apartments Ownership Act, Policy, Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder for the State of Haryana etc.

That the Allottee(s) agrees that, if as a result of any law that may be passed by any legislature or rule, regulation or order that may be made and/or issued by the Government or any other authority or if Competent Authority refuses, delays, withholds, denies the grant of necessary approvals for construction or occupation or if for any matters or issues relating to such approvals, permissions, notice, notifications by the competent Authority become the subject matter of any litigation or due to any force majeure conditions, the Company is unable to complete the construction and/or offer the possession of the Said Apartment, then the Company may, if so advised, though not bound to do so, at its sole discretion, challenge the validity, applicability and/or efficiency of such legislation, rule or order by moving to the appropriate court(s), tribunal(s) and/or authority(ies). In such a situation, the amount paid by the Allottee(s) in pursuance of this Agreement, shall continue to remain with the Company and the Allottee(s) shall not be entitled to move for or obtain specific performance of the terms of this Agreement, it being specifically agreed that the Agreement shall remain in abeyance till final determination of the court(s)/tribunal(s)/authority(ies). In the event of the Company succeeding in its challenge to the impugned legislation or rule, regulation or order, as the case may be, it is hereby agreed that this Agreement shall stand revived and the Allottee(s) shall be entitled to the fulfilment of all rights and claims as provided in this Agreement. It is further agreed that in the event of the aforesaid challenge of the Company to the impugned legislation/ order/ rule/ regulation not succeeding and the said legislation/ order/ rule/ regulation becoming final, absolute and binding, the Company will, subject to provisions of law, pay to the Allottee(s) the amount attributable to the Said Apartment that have been received from the Allottee(s) by the Company without any interest or compensation of whatsoever nature within such period and in such manner as may be decided by the Company and the Allottee(s) agrees to accept the Company’s decision in this regard to be final and binding. Save as otherwise provided herein, neither party to this Agreement shall have any other right or claim of whatsoever nature against each other under or in relation to this Agreement.

That the 1(one) two-wheeler parking area being provided alongwith the Said Apartment shall at all times vest as a right along with the Said Apartment and the Allottee(s) shall not be entitled to sell/lease /assign the rights of the same independent of the Said Apartment. The said parking space shall be utilized only for the purposes of parking a scooter/ bike/ cycle and shall not be utilized for any other purpose, including but not limited to parking a car, storing of any goods, equipment, make-shift work area, etc.

The Allottee(s) shall pay municipal/ property tax by whatsoever name called, levied or to be levied, by any local or statutory authority, from time to time on the Said Apartment from the date of Offer of Possession.

So long as the Said Apartment is not separately assessed, the Allottee(s) shall pay a share of such taxes, liabilities, if any, in proportion to the carpet area of the Said Apartment to the Maintenance Agency or to the Company, which on collection of the same from the Allottee(s), shall deposit the same with the concerned authorities. The Allottee(s) shall be responsible to pay to various government/private authorities/Company all charges including but not limited to security deposits for sanction and release of such connection by the appropriate authority pertaining to connection, services/consumption of electricity, water, telephone, sewage and other utility services in respect of the Said Apartment as per the bills raised.

Failure of Allottee(s) to take Possession of Said Apartment:-
After the expiry of 30 (thirty) days from issuance of the final call letter, if the Allottee(s) fails to come forth and clear its dues and take over possession of the Said Apartment, the Company shall issue a reminder letter to the Allottee(s) providing the Allottee(s) further 15 (fifteen) days time to clear all its dues alongwith interest due there on and takeover possession of the Said Apartment. In case the Allottee(s) even after expiry of the said further 15 (fifteen) days notice fails, ignores or neglects to clear outstanding dues along with interest accruing there on and/or takeover possession, then the Company shall be entitled to proceed in terms of the Policy including but not limited the right to cancel the allotment of the Allottee(s). In case of cancellation of the allotment, the Company shall, after forfeiting Earnest Money, interest on delayed payment and applicable taxes thereon, refund the balance deposited amount without interest, if any. Upon such cancellation, the Allottee(s) agrees and understands that he/she/they shall be left with no further right, title, interest, etc. of any nature whatsoever in the Said Apartment and/or any claim, demand, etc. against the Company and the Company shall be free to deal with the Said Apartment in such manner as provided in the Policy. This clause shall have overriding effect on any other clause in this Agreement or/and the application or any other document.

The Company may however at its sole discretion choose not to cancel the allotment of the Said Apartment in favour of the Allottee(s) but subject to the payment of all outstanding amount alongwith interest there on at such rate as per applicable law. If the Allottee(s) even after expiry of the said further 15 (fifteen) days notice/reminder fails, ignores or neglects to clear outstanding dues alongwith interest accruing there on and/or takeover possession, then the Allottee(s) may become liable to pay Non Occupancy(Holding) Charges as per rates decided by the Company at its sole discretion, which charges shall be payable till such time the Allottee(s) takes over physical possession of the Said Apartment, in terms of this Agreement and the Final Call Letter after paying all outstanding dues as payable including any delayed interest etc.

It is categorically understood by the Allottee(s) that if the Allottee(s) fails to takeover possession of the Said Apartment within time and in the manner as specified in the offer letter and the Company chooses not to process the cancellation of such allotment, then the Said Apartment shall lie at the risk and cost of the Allottee(s) and the Company shall have no liability or concern in respect thereof.

Possession by the Allottee(s):-
After obtaining the occupation certificate of the Said Project, it shall be the responsibility of the Company to hand over the necessary documents and plans, and common areas to the Association of Allottees as provided under Rule 2(1)(f) of the said Rules subject to all allottees including the Allottee paying their proportionate share of stamp duty and registration charges applicable to execute and register the conveyance/sale deed for common areas in favour of the Association of Allottees in terms of the Act and Rules .

Cancellation by Allottee(s):-
The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project as provided in the Act. Provided that where the Allottee(s) proposes to cancel/withdraw from the project without any fault of the Company, the Company herein is entitled to forfeit the Earnest money paid for the Allotment and interest component on delayed payments and taxes. The balance amount of money shall be returned by the Company to the Allottee(s) within 90 (ninety) days of such cancellation.

Refund of money and interest at such rate as may be prescribed, payment of interest at such rate as may be prescribed or payment of compensation:-
The Company shall compensate the Allottee(s) in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a “force majeure” conditions and other circumstances as provided in this Agreement, if the Company fails to complete or is unable to give possession of the Said Apartment in accordance with the terms of this Agreement, duly completed by the date specified in Clause 7.1; or due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason attributable solely to the Company shall be liable, on demand to the Allottee(s), in case the Allottee(s) wishes to withdraw from the Project, to return the total amount received by him in respect of the Said Apartment alongwith compensation in the manner as provided under the Act from the date the possession is to be offered as per Clause 7.1 upto the refund of the monies, within 90 (ninety) days of it becoming due.

Provided that if the Allottee(s) does not intend to withdraw from the Project, the Company shall pay the Allottee(s) interest at the rate prescribed in the Rules for every month of delay, from the date the possession due as provided in Clause 7.1 hereinabove, till the offer of the possession of the Said Apartment, which shall be paid by the Company to the Allottee(s) at the time of settlement of accounts at the time handing over of possession.

REPRESENTATIONS AND WARRANTIES OF THE COMPANY:

The Company hereby represents and warrants to the Allottee(s) as follows:
The Company has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Said Project;
The Company has lawful rights and requisite approvals from the competent Authorities to carry out development of the Said Project;
There are no any other encumbrances upon the said Land or the Said Project other than specifically provided in this Agreement or otherwise; All approvals, licenses, sanctions and permission issued by the Competent Authorities with respect to the Said Project, as well as for the Said Apartment being allotted to the Allottee(s) are valid and subsisting and have been obtained by following due process of law.
Further, the Company has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Said Project, as well as for the Said Apartment and for Common Areas as provided under the said Rules;
The Company has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;
The Company has not entered into any Buyer's Agreement and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Said Project and the Said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
The Company confirms that the Company is not restricted in any manner whatsoever from selling the Said Apartment to the Allottee(s) in the manner contemplated in this Agreement; At the time of execution of the conveyance deed, the Company shall handover lawful, vacant, peaceful, physical possession of the Said Apartment alongwith 1 (one) two-wheeler parking to the Allottee(s).

The Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Said Land; The Company has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Said Project to the Competent Authorities till the offer of possession of the Said Apartment has been issued, as the case may be and as per the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 and Rules thereof, equipped with all the specifications, amenities, facilities as per the agreed terms and conditions and common areas as provided under the said Rule;
No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Company in respect of the said Land and/ or the Said Project.

EVENTS OF DEFAULTS AND CONSEQUENCES:

Subject to the “force majeure” conditions and other circumstances as provided in this Agreement, the Company shall be considered under a condition of Default, in the following events occurring solely on account of the acts of gross negligence and default of the Company:
Company fails to provide ready to move in possession of the Said Apartment to the Allottee(s) within the time period specified in Clause 7.1 or fails to complete the Said Project within the stipulated time disclosed at the time of registration of the project with the Authority or such extended period. For the purpose of this para, ‘ready to move in possession’ shall mean that the Said Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as provided in the present Agreement, and for which occupation certificate or part thereof has been issued by Competent Authority. Discontinuance of the Company’s business as a developer on account of suspension or revocation of his registration under the provisions of the said Act or the said Rules. In case of Default by Company under the conditions listed above, Allottee(s) is entitled to the following:

Stop making further payments to Company as demanded by the Company. If the Allottee(s) stops making payments, the Company shall correct the situation by completing the construction/development milestones and only thereafter the Allottee(s) be required to make the next payment without any interest for the period of such delay; or The Allottee(s) shall have the option of terminating the Agreement in which case the Company shall be liable to refund the entire money paid by the Allottee(s) under any head whatsoever towards the purchase of the Said Apartment, other than brokerage and payments of delayed interest along with interest at the rate prescribed in the Rules within 90 (ninety) days of receiving the termination notice:

Provided that where an Allottee(s) does not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the Company, interest at the rate prescribed in the Rules, from the date on which possession was to be offered in terms of Clause 7.1, for every month of delay till the handing over of the possession of the Said Apartment, which shall be paid by the Company to the Allottee(s) within 90 (ninety) days of it becoming due.
The Allottee(s) shall be considered under a condition of Default, on the occurrence of the following events: Any default to make payment within the time stipulated in the Schedule of Payment as per Schedule–C shall attract interest at such rate as per applicable law, payable on the due amount from due date for the delay period. In case of default in making payment of any due instalment(s) of the Total Cost or any other amounts continues for a period of over 15 (fifteen) days from the due date, the Company may issue a reminder letter to the Allottee(s) seeking the clearance of the due amount alongwith interest accruing thereon within 15 (fifteen) days from the date of issuance of the said reminder letter.
In case the Allottee(s) still fails to clear the outstanding due amount along with interest accruing thereon within a period of 15 (fifteen) days stipulated in the said reminder letter/notice, the Company shall be entitled to proceed in terms of the Policy including but limited to cancellation of the allotment of the Said Unit. In case of cancellation of allotment as provided hereinabove, Earnest Money, interest on delayed payment and applicable taxes (Non-Refundable Amounts) , shall be forfeited out of the Total Cost deposited by Allottee(s) and the Allottee(s) shall be left with no interest or lien on the Said Apartment. The Company shall thereafter be free to deal with the Said Apartment as per the Policy. However, the Company may, at its sole discretion, waive the breach of Agreement committed by the Allottee(s) in not making the payments at specified time but on the condition that the Allottee(s) shall pay interest at such rate as per applicable law, for the period of delay.

CONVEYANCE OF THE SAID APARTMENT:
The Company, on receipt of Total Cost of the Apartment as per this Agreement from the Allottee(s) and completion of all formalities required pre-conveyance including but not limited to execution of all necessary indemnities, undertakings, etc., shall execute a conveyance deed and convey the title of the Said Apartment within 3 (three) months and no later than 6 (six) months from the date of taking over possession by the Allottee(s) in terms of this Agreement. However, in case the Allottee(s) fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottee(s) authorizes the Company to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the Company is made by the Allottee(s). The Allottee(s) undertakes to execute the Conveyance Deed in respect of the Said Apartment within the period as may be intimated by the Company in writing, failing which the Allottee(s) shall solely be liable for the consequences arising there from which inter-alia may include but not limited to the increase in the rate of Stamp Duty/ Registration Fee or any other such duty or charges payable in respect thereof.
The Allottee(s) agrees and undertakes to make himself available and present before the Sub-Registrar on the date(s) communicated to him/her for this purpose by the Company. The obligations undertaken by the Allottee(s) and the stipulations herein, to be performed or observed on a continuing basis even after the Conveyance of the Said Apartment or which form a condition of ownership of the Said Apartment, including those pertaining to the recurring obligations covered under the User charges cum operating cost agreement shall survive the conveyance of the Said Apartment in favour of the Allottee(s) and all such obligations and covenants of the Allottee(s) shall run with the Said Apartment and remain enforceable at all times against the Allottee(s), its transferees, assignees or successors-in-interest including their tenants/ licensees/ occupiers.
That in case the Allottee(s) has taken any loan from any Bank/ Financial Institution for the Said Apartment, the Conveyance Deed/Sale Deed in original shall be handed over to the lending Bank/Financial Institution only.
That unless a Conveyance Deed/Sale Deed is executed and registered in favour of the Allottee(s), the Company shall for all intents and purposes continue to be the owner of the said Land and also the construction thereon and this Agreement shall not give to the Allottee(s) any right or title or interest therein, except that all payments, taxes and levies shall be paid by the Allottee(s) as stated hereinbefore.
As per Policy, the Allottee(s) shall not been entitled to get the name of his nominee(s) substituted in his place or transfer, sell or alienate the Said Apartment for a period of 1 (one) year from the date of taking over the possession of the Said Apartment to any other person whatsoever. The Allottee(s) is aware that as per Policy, breach of this restriction shall attract penalty equivalent to 200% of the cost of the Said Apartment or any other penalty as may be amended time to time, which shall be payable by the Allottee(s). The amount of penalty shall have to be deposited in the ‘Fund’ administered by the Town and Country Planning Department, Government of Haryana towards the improvement of infrastructure of the State of Haryana.
The sale, transfer or alienation of Said Apartment through execution of irrevocable General Power of Attorney (GPA), where the consideration amount has been passed on to the executor of the GPA or to someone on his/her behalf shall be treated as sale of the Said Apartment and the same will be counted as breach of the terms and conditions of the policy. Penal proceedings as per the Policy shall be initiated by the Company.
Failure to deposit such penalty by the Allottee(s) shall result in resumption of the Said Apartment and its re-allotment in consultation with the concerned Department. The Company, may however, permit such substitution, transfer and sale on such terms & conditions including payment of such administration/transfer charges as it may deem fit after completion of 1(one) year from the date of possession. Any such transfer sought shall be at the discretion of the Company and subject to the prospective transferee complying with all the conditions stipulated in the Policy, 2013 and/or other Acts and rules framed thereunder.

MAINTENANCE OF THE SAID APARTMENT AND THE SAID PROJECT:
That the Allottee(s) shall, from the date of possession, maintain the Said Apartment at his own cost, in a good and tenantable condition and shall not do or suffer to be done anything in or to the said building/tower(s) or the Said Apartment, or the stair cases, lifts and lift lobbies, shafts, stilt, compound and common passages which may be against the rules or by-laws of the Municipal Authorities, Maintenance Agencies or any other authority nor shall the Allottee(s) change, alter or make alteration in or to the Said Apartment or the building/tower(s) or any part thereof. The Allottee(s) shall be liable for any loss or damages arising out of breach of any of the conditions of this Agreement.
That the Allottee(s) shall not use the Said Apartment or permit the same to be used for any purpose other than the purpose sanctioned as per Government Regulations and Haryana Apartments Ownership Act, Haryana Affordable Housing Policy, 2013, Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder for the State of Haryana and/or all other applicable law, bye-laws, regulations, etc. or as may be ear marked in the zoning/ building/ tower plans sanctioned by the competent authority or use for any purpose which may or is likely to cause nuisance or annoyance to occupiers of the adjoining Apartments or of other Apartments in the Said Project or for any illegal or immoral purposes and shall not do or suffer anything to be done in or about the Said Apartment which may tend to cause damage to any flooring or ceiling of any Apartment above, below or in any manner interfere with the use thereof or of space, passages or amenities available for common use. The Allottee(s) shall not use the Said Apartment for any commercial activity or otherwise except for residential purposes only.
That the Allottee(s) shall not put up name or sign board, neon sign, publicity or advertisement material, hanging of clothes etc. on the external façade of the tower or anywhere on the exterior of the tower or common areas and shall not change the colour scheme of the outer walls or painting of the exterior side of the doors and windows, etc. or carryout any change in the exterior elevation or design.
For a period of 5 (five) years from the date of grant of occupation certificate in relation to the Said Project, the maintenance works and services in relation to the common areas and facilities of the Said Project shall be provided by the Company as per the Policy. The Allottee(s) shall be liable to pay the Water Charges as well as the Common Area Electricity Charges or Electricity Charges, User Charges, any other charges and Non-Refundable Security deposit as may be prescribed under “User charges cum Operating Cost Agreement and/or other agreement” entered/ to be entered by the Allottee(s) to the Company and/or the Maintenance Agency. After the aforesaid period of 5 (five) years, all Common areas and facilities of the Said Project shall be allotted, sold or otherwise transferred to the ‘Association of Allottees’ (hereinafter referred to as “Association”) (subject to the receipt of proportionate stamp duty being paid by all allottees of the Project including the Allottee herein) constituted under the Haryana Apartment Ownership Act, 1983, and/or Affordable Housing Policy, 2013 which shall thereafter overtake the provision of the maintenance services to the Said Project and thereafter the Company shall have no further obligation to provide any maintenance services in the Said Project. The Allottee undertakes that it shall enter into the User Charges cum Operating Cost Agreement as and when called upon by the Company, without any delay. It is further agreed that only those sites specifically declared in the Declaration to be filed with the competent Authority in terms of the Haryana Apartments Ownership Act, 1983 and/or Affordable Housing Policy, 2013 shall be deemed to be common areas and/or facilities in which the Allottee(s) and other Apartment owner(s) shall have a right in. All other areas including commercial area/ component in the Said Project shall belong exclusively to the Company which shall have the sole right and discretion to deal with such areas as it deems fit. The Allottee(s) or its nominees/ agents/ employees etc. shall at all times comply with the rules and regulations laid down by the Company/ Association or the Maintenance Agency.
The insurance of the Said Apartment as well as the interior/contents inside the Said Apartment shall be the responsibility of the Allottee(s) and the Company shall not, in any case, be held liable for any damage or loss occurred on account of any theft, loss, neglect or omission of the Allottee(s) in this regard.
The Allottee(s) shall allow the Company/ Maintenance Agency/ Association or any other authorized Person, to have full access to, and through him to the Said Apartment and terrace area for the periodic inspection, maintenance and repair of service conduits and the structure.
That it is mutually agreed that save and except in respect of the Said Apartment hereby agreed to be acquired by the Allottee(s), he shall have no claim, right, title or interest of any nature or kind whatsoever except right of ingress/egress over in respect of land, open spaces and all/or any of the common areas such as lobbies, staircase, lifts, corridors, which shall remain the property of the Company.
The Allottee(s) agrees that in case during the course of construction and/or after the completion of the Said Project, further construction on the said Land or the towers becomes possible, the Company shall have the sole right to take up or complete such further construction as belonging to the Company as per the terms of Affordable Housing Policy, 2013 and/or Haryana Apartments Ownership Act and/or Haryana Development and Regulation of Urban Areas Act, 1975, Real Estate (Regulation and Development) Act, 2016 and Rules framed there under for the State of Haryana notwithstanding the designation and allotment of any Common Areas as Limited Common Areas or otherwise. Such Additional Construction shall be the sole property of the Company and the Company shall be entitled to deal with it in its sole discretion without any interference on the part of the Allottee(s). The Allottee(s) agrees that the Company, at its cost, shall be entitled to connect the electric, water, sanitary and drainage fittings on the additional structures with the existing electric, water, sanitary and drainage sources of the Said Project. It is also agreed that in such a situation the proportionate share of the Company in the Common Areas and Facilities and Limited Common Areas and Facilities shall stand varied accordingly.
11.10.That the Said Apartment forms part of Affordable Group Housing Scheme and it is in the interest of all the Allottee(s) that safeguards be provided to prevent entry of unauthorized person(s) into the Said Project. To give an effective hand to the Company to deal with such unlawful entrants/loiters/peddlers etc. and also to enable to Company in particular and owners/lawful occupants of the various Apartments in general to deal more effectively with the security of the Said Project and maintenance of order therein, the entry be regulated. For this, the Company shall be free to restrict the entry of any one into the Said Project whom it considers undesirable at the outer gate itself unless the Allottee(s) himself gives permission to allow anyone to enter or escort them out as well. The security services will be without any liability of any kind upon the Company.

DEFECT LIABILITY
It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Company as per the Buyer's Agreement relating to such development is brought to the notice of the Company within a period of 5 (five) years by the Allottee(s) from the date of handing over possession, it shall be the duty of the Company to rectify such defects without further charge, within ninety days, and in the event of Company’s failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that, the Company shall not be liable for any such structural/architectural defect induced by the Allottee(s) and/or other person, by means of carrying out structural or architectural changes from the original specifications/design.

RIGHT TO ENTER THE SAID APARTMENT FOR REPAIRS AND MAINTENANCE WORKS:
The Company/maintenance agency/Association of Allottees/competent authority shall have rights of access of Common Areas and Facilities, parking spaces for providing necessary maintenance services and the Allottee(s) agrees to permit the Company/Association of Allottees and/or Maintenance Agency/Competent Authority to enter into the Said Apartment after giving due notice and entering the said premises during the normal working hours, unless the circumstances warrant otherwise, with a view to rectify such defect(s).

ALLOTTEE(S)'S COVENANTS:
The Allottee(s) shall not use or allow to be used the Said Apartment for any purpose other than residential or for carrying out any activity that may cause nuisance to other Allottee(s) in the Said Project. The Allottee(s) shall not do nor cause to be done any act which may cause obstruction for use of the other Apartments by their occupiers.
The Allottee(s) shall maintain the Said Apartment, including walls and partitions, in a good tenantable repair, state, order and condition in which it is delivered to them and in particular support, shelter and protect the other parts of the Said Apartment. Further, the Allottee(s) will neither himself do, nor permit anything to be done, which damages any part of the adjacent Apartment etc., or violates the rules or byelaws of the local authorities or cause breach of the policy in any manner. The Allottee(s) shall not harm or permit any harm or damage to the peripheral walls, front, side and rear elevations of the Said Apartment, in any form or remove any walls of the Said Apartment including load-bearing/common walls. The Allottee(s) shall also not change the colour scheme of the outer walls or painting of exterior side of the doors and shall not carry out any change in the exterior elevation and design. The Allottee(s) undertakes to become member of the Association.
The Allottee(s) may undertake minor internal alterations in the Said Apartment only with the prior written approval of the Company/ Association/ Maintenance agency. The Allottee(s) shall not be allowed to effect any of the following changes/alterations:
Changes, which may cause damage to (columns, beams, slabs etc.) any part of adjacent apartment(s). In case damage is caused to an adjacent apartment or common area, the Allottee(s) will get the same repaired at his own cost and expenses. Changes that may affect the façade of the Said Apartment (e.g. tampering with external treatment, changing the paint colour of external walls, hanging or painting of sign boards etc.) and Making encroachments on the common spaces in the Said Project/ Said Building.
By covering the balcony area through temporary and/or permanent structure.
The Allottee(s) will allow the Company/ Association/ Maintenance Agency and/or their representatives to access to and through the Said Apartment for the purpose of maintenance works of electricity and other items of common interest etc.
The Allottee(s) may get insurance of the contents lying in the Said Apartment at his/her/their own cost and expenses. The Allottee(s) shall not keep any hazardous, explosive, inflammable material in the Said Apartment. The Allottee(s) shall always keep the Company/Association harmless and indemnified for any loss and/or damages in respect thereof.
The Allottee(s) shall keep indemnified the Company/ Association/ Maintenance Agency against all actions, proceedings or any losses, cost, charges, expenses, losses or damages suffered by or caused to the Company, by reason of any breach or non-observance, non-performance of the terms and conditions contained herein by the Allottee(s) and/or due to non-compliance with any rules, regulations and/or non-payment of municipal taxes, charges and other outgoings.
14.7 The Allottee shall duly execute the User cum Operating Costs Agreement as and when called upon by the Company/Maintenance Company/ Association (as the case may be) and abide and adhere by the same. The Allottee shall keep indemnified the Company/Association/Maintenance Agency against all actions, proceedings or any losses, cost, charges, expenses, losses or damages suffered by or caused to the Company, by reason of any breach or non-observance, non-performance of the terms and conditions contained herein by the Allottee and/or due to non-compliance with any rules, regulations and/or non-payment of municipal taxes, charges and other outgoings.
The Allottee(s) hereby undertake to abide by all laws, rules and regulations of Municipal Corporation, DTCP, HUDA, Local Bodies or any other designated authority from time to time or any other laws as are applicable to the Said Apartment and/or the said Project from time to time and shall be responsible/liable for all defaults, violation or breach of the same as may be applicable.
If it is discovered at any stage that the Allottee(s) has obtained the Allotment of the Said Apartment by suppression of any facts or by any misstatement, misrepresentations or fraud then the allotment shall become void at the option of the Company, which shall have the right to cancel of the allotment and forfeit the amount paid by the Allottee(s) as per the terms of the Policy.
All the conditions of the Policy or any other amendments, modifications, enactment, directions etc. issued thereunder shall always remain binding on the Allottee(s) and his/her successor(s)/nominee(s).

GENERAL COMPLIANCE WITH RESPECT TO THE SAID APARTMENT:
Subject to para 12 above, the Allottee(s) shall, after taking possession, be solely responsible to maintain the Said Apartment in good repair and condition and shall not do or suffer to be done anything in or to the Building/Tower in which the Said Apartment is situated, or Said Apartment, or the common areas and facilities in the said Building/Tower and the Said Complex which may be in violation of any laws or rules of any authority or change or alter or make additions to the Said Apartment and keep the Said Apartment in good and tenantable repair and maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the Building is not in any way damaged or jeopardized.
The Allottee(s)/Association of Allottees further undertakes, assures and guarantees that he/she would not put any sign-board/name-plate, neon light, publicity material or advertisement material etc. on the face/facade of the Building or anywhere on the exterior of the Project, buildings therein or Common Areas. The Allottee(s) shall also not change the colour scheme of the outer walls or painting of the exterior side of the windows or carry out any change in the exterior elevation or design. Further the Allottee(s)/Association of Allottees shall not store any hazardous or combustible goods in the Said Apartment or place any heavy material in the common passages or staircase of the Building in which the Said Apartment is situated. The Allotee/Allottee(s)/ Association of Allottees shall ensure that they will not create any hindrance by way of locking, blocking, parking or any other manner in right of passage or access or common areas which otherwise are available for free access. The Allottee(s)/Association of Allottees shall also not remove any wall, including the outer and load bearing wall of the Said Apartment.
The Allottee(s) shall use such common areas and facilities within the Said Project harmoniously with other occupants and without causing any inconvenience or hindrance to them. Further, the use of such common areas and facilities within the Said Project shall always be subject to timely payment of maintenance charges, which may be demanded by the Association, once the same is handed over by the Company to the Association or post the free maintenance period, as the case may be.
The Allottee(s) shall be entitled to use the general Common Areas and Facilities within the Said Project, which may be within or outside the footprint of the Said Project earmarked for common use of all the occupants of the Said Project including easementary rights.
Except the Said Apartment allotted herein alongwith all common easementary rights attached there with including Common Areas and facilities of the Said Project, all adjoining areas including the un-allotted terrace/roof, the entire un-allotted/ unsold areas of the Said Project, shall remain the property of the Company and the same shall always deemed to be in possession of the Company and the Company shall have unqualified and unfettered right to allot/sell the same to anyone of their choice.
The Allottee(s) shall not, in any manner whatsoever encroach upon any of the common areas and facilities of the Said Project and shall also have no right to use the facilities and services not specifically permitted to be used. All unauthorized encroachments or temporary/permanent constructions carried out in the Said Project or on parking sites or on the terrace by the Allottee(s), shall be liable to be removed at his/her/their cost by the Company or by the Association.
The Allottee(s) will neither himself do nor permit anything to be done which damages any common areas or violates the rules or byelaws of the Local Authorities or the Company. The Allottee(s) shall be liable to rectify such damages to the satisfaction of the parties concerned, failing which the Company may recover the expenditure incurred in rectification of the same from the Allottee(s) directly.
The Allottee(s) agrees and undertakes that the lawns and other common areas shall not be used by him or any occupant for conducting personal functions, such as marriages, parties etc. If any common space is provided in any block for organizing meetings and small functions, the same shall be used with the permission of the Company/ Association/ Maintenance Agency on making such deposits/ charges as may be fixed by the Company/ Association/ Maintenance Agency.
Post offer of possession to the Allottee(s), the structure of the Said Project may get insured against fire, earth-quake, riots and civil commotion, militant action at the expenses of the Allottee(s) by the Company/ its Nominee/Association of Allottees, provided all the occupiers/Allottee(s) of the Apartments in the Said Project shall pay and continue to pay the proportionate charges to be incurred by the Company/ its Nominee/ Association for the purpose of insurance or as per the applicable law. The Allottee(s) shall not do or permit anything to be done any act which may render void or voidable any insurance of any Apartment or any part of the Said Project or cause increased premium to be payable in respect thereof for which the Allottee(s) shall be solely responsible and liable. It is however clarified that the Company shall not be required to obtain such insurance even if one Allottee(s) refuses to pay such insurance costs and same shall not be treated as a breach.
The Allottee(s) shall be liable to obtain insurance of contents of the Said Apartment at his own cost and expense.

COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY PARTIES:
The Parties are entering into this Agreement for the allotment of a Said Apartment with the full knowledge of all laws, rules, regulations, notifications applicable in the State of Haryana and related to the Said Project.

ADDITIONAL CONSTRUCTIONS
The Company undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Said Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for guidelines/permissions/ directions or sanctions by competent authority.

LOAN/FINANCE/MORTGAGE:
The Allottee(s) agrees that the Company shall have the right and authority to raise finance, loan from any Financial Institution/Bank by way of mortgage/ charge/ securitization of receivables or in any other mode or manner by charge/ mortgage of the Said Apartment /said Lands /Said Project subject to the condition that the Said Apartment shall be free from all encumbrances at the time of execution of Sale Deed/Conveyance Deed. The Company/ Financial Institution/ Bank shall always have the first charge on the Said Apartment for all their dues and other sums payable by the Allottee(s) or in respect of any loan granted to the Company and the Allottee(s) shall have no objection for the same. The said Land/said Project and receivables from sale of the units in the said Project including under the present Agreement have already been pledged as security in respect of financial assistance availed by a Group Company. It is understood that at the time of execution of Conveyance Deed, the company shall obtain relevant NOC (if necessary) from for enabling transfer of possession of the Said Apartment.

APARTMENT OWNERSHIP ACT AND OTHER APPLICABLE LAWS
: The Allottee(s) has confirmed and assured the Company prior to entering into this Agreement that he has read and understood the Haryana Apartment Ownership Act, 1983, Haryana Affordable Housing Policy, 2013 including amendments/ modification made thereto, Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder for the State of Haryana and its implications thereof in relation to the various provisions of this Agreement and the Allottee(s) has further confirmed that he is in full agreement with the provisions of this Agreement in relation to Haryana Apartment Ownership Act, 1983, Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder for the State of Haryana and Haryana Affordable Housing Policy, 2013 and shall comply as and when applicable and from time to time, with the provisions of Haryana Apartment Ownership Act, 1983 or Haryana Affordable Housing Policy, 2013 or Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder for the State of Haryana or any statutory amendments or modifications thereof or the provisions of any other law(s) dealing with the matter. The Said Apartment and the Said Project in which it is located is subject to Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder for the State of Haryana or Haryana Apartment Ownership Act, 1983 or Haryana Affordable Housing Policy, 2013 or any statutory enactments or modifications thereof, the Common areas and facilities and the undivided interest of each Apartment owner in the common areas and facilities as specified by the Company in the declaration which may be filed by the Company in compliance of Haryana Apartment Ownership Act, 1983 or Haryana Affordable Housing Policy, 2013 shall be conclusive and binding upon the Apartment Owners and the Allottee(s) agrees and confirms that his right, title and interest in the Said Apartment /Said Project shall be limited to and governed by what is specified by the Company in the said declaration or as agreed under this agreement and in no manner shall confer any right, title, interest in any lands, facilities, amenities and buildings outside the land beneath the said building in which the Said Apartment is located.
It is made clear that the Allottee(s) has rights limited to as provided in this Agreement in respect of Said Project in terms of the Policy. The Allottee(s) is aware that the Company holds rights to lands adjacent to the Said Project to which the Allottee(s) has no right in respect of the same of any nature whatsoever.

CONTINUED OBLIGATION OF THE ALLOTTEE(S) IN RELATION TO THE ELIGIBILITY CRITERIA:
The Allottee(s) hereby warrants that the Allottee(s) has entered into this Agreement with full knowledge of the fact that this Agreement as well as the allotment of the Said Apartment is subject to various eligibility criteria and restrictive covenants prescribed under the Policy or other applicable law. The Allottee(s) hereby represents and warrants that he/she fully meets and shall continue to meet all the eligibility criteria and undertakes to abide by all the eligibility criteria applicable to the allotment of the Said Apartment under the Said Project. The Allottee(s) further represents and warrants that the averments in any of the undertakings or affidavits & related documents submitted by the Allottee(s) alongwith the Application or otherwise are valid and shall continue to be valid. The Allottee(s) hereby further expressly represent and warrant that he/she or his/her spouse and/or any of his/her dependent children has not been allotted any such apartment/flat whether under any Affordable Housing Policy or otherwise which makes him/her ineligible for allotment of the Said Apartment herein. The Allottee(s) further undertakes to inform the Company of any allotment, as and when it is proposed to take place or takes place (whichever is earlier).

PURCHASE NOT DEPENDENT ON FINANCING CONTINGENCY:
The Allottee(s) may obtain finance from any financial institution/bank or any other source but the Allottee(s)’s obligation to purchase the Said Apartment and making of all payments pursuant to this Agreement shall not be contingent on his ability or competency to obtain such financing and the Allottee(s) will remain bound under this Agreement whether or not the Allottee(s) has been able to obtain financing for the purchase of the Said Apartment. ALTERATION OF UNSOLD UNITS:
The Company shall have the right to make any alteration, additions, improvements or repairs, whether interior, ordinary or extraordinary in relation to the unsold apartments in the Said Project and the Allottee(s) shall have no right to raise objections or make any claims on this account.

FURTHER ACTS
That the Allottee(s) shall from time to time, sign all applications, papers and documents and do all acts, deeds and things as the Company may require for safe-guarding the interest of the Company and/or the Allottee(s) in the Said Apartment.

BROKERAGE/COMMISSIONS, ETC.
That if the Allottee(s) has to pay any commission or brokerage to any person for services rendered by such person to the Allottee(s) whether in or outside India for acquiring the Said Apartment, the Company shall in no way whatsoever be responsible or liable therefore and no such commission or brokerage shall be deductible from the amount of total sale consideration agreed to be payable to the Company for the Said Apartment.
That the Allottee(s) confirms that he has not relied upon and is/are not influenced by any architect(s) plans, sales plan, sales brochure, advertisements, representations, warranties, statements or estimates of any nature whatsoever, whether written or oral, made by the Company, its selling agents/ brokers or otherwise including but not limited to any representations relating to description or physical condition of the Said Apartment or the size or dimensions of the Said Apartment or any other physical characteristics thereof, or any other data except as specifically represented in this Agreement, which representations, documents, permissions, approvals, etc. the Allottee(s) has duly verified to his satisfaction.

DUE DILIGENCE:
That the Allottee(s) confirms that he has entered into this transaction with full knowledge and understanding of the agreements and arrangements entered into by the Company as stated earlier and subject to all laws, notifications and rules applicable to this area including terms & conditions of the undertaking given by the said Company to Haryana Urban Development Authority, the Government of Haryana in this regard and the Allottee(s) has familiarized himself with all the aforesaid agreements, undertakings etc. The Allottee(s) hereby undertakes to abide by all laws, rules & regulations as may be made applicable to the Said Apartment and/or the Said Project.

BINDING EFFECT:
The Allottee acknowledges that this Agreement is in compliance with the Act and Rules. It is acknowledged by the Allottee that the present Agreement requires registration as per Applicable Law, and the Allottee shall execute and register the present Agreement and/or any other incidental documents with the concerned Sub Registrar within 15 (Fifteen) days of receipt of the present Buyers' Agreement for execution, failing which the application of the Allottee shall be treated as cancelled and the Company shall be entitled to forfeit the Earnest Money, interest on delayed payment and applicable taxes thereon, and refund the balance amounts, if any, as deposited by the Allottee within 90 (ninety) days of such cancellation, without any interest or compensation. It is however agreed and understood that in case of delay in registration of the Buyer’s Agreement, the Company shall, at its sole discretion, charge interest on instalments payable as per the Schedule of Payments and the Allottee undertakes to pay the same. The applicable stamp duty, registration charges, and other miscellaneous and incidental expenses for execution and registration of this Agreement (if any), executed between the Parties in relation to the arrangement contemplated in this Agreement and/or the Conveyance Deed, shall be borne and paid by the Allottee as and when demanded by the Company. The Allottee shall, as and when called upon by the Company, undertake to come present for registration of the Conveyance Deed, as may be required under the Applicable Laws, at the office concerned Sub- Registrar of Assurances.

ENTIRE AGREEMENT:
That this Agreement is the only agreement relating to the purchase of the Said Apartment by the Allottee(s) and supersedes any other agreement or arrangement whether written or oral, if any, between the parties and variation, modification, amendment, etc. in any of the terms hereof, except under the signature of the authorized signatory of the Company, shall not be binding on the Company.

RIGHT TO AMEND:
That no amendment, alteration, modification etc. to the present Agreement shall be binding upon either Party, unless the same is in writing and counter signed by both Parties. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE(S)/ SUBSEQUENT ALLOTTEE(S): It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Said Apartment and the Said Project shall equally be applicable to and enforceable against and by any subsequent Allottee(s) of the Said Apartment in case of a transfer, as the said obligations go along with the Said Apartment for all intents and purposes.

WAIVER NOT A 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 other provision of this Agreement. No waiver shall be effective unless made in writing and signed by the waiving Party. That failure of the Company to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provision or of the right thereafter to enforce each and every provision.

FORCE MAJEURE:
“Force Majeure” means any event or combination of events or circumstances beyond the reasonable control of the Company which cannot (a) by the exercise of reasonable diligence or (b) despite the adoption of reasonable precaution and/or alternative measures be prevented or caused to be prevented and which adversely affects the Company's ability to perform including but not limited to the following:
Act of God i.e. fire, draught, flood, earthquake, epidemics, pandemics, natural disaster etc.; Explosions or accidents, aircrashes, Lockdown; Strikes or lockouts, industrial disputes; Non availability of cement, steel, or other construction/ raw material due to strikes of manufacturers, suppliers, transporters or other intermediaries or due to any reason whatsoever; War and hostilities of War, riots, bandh, act of terrorism or civil commotion; The promulgation of or amendment in any law, rule or regulation or the issue of any injunction, court order or direction from any government or statutory authority that prevents or restricts the Company from complying with any or all the terms and conditions as agreed in these terms and conditions; or Any legislation, order or rule or regulation made or issued by the Government or any other authority or if any Competent Authority(ies) refuses, delays, withholds, denies the grant of necessary approvals/certificates for the project/ apartment/building including but not limited to part occupation/occupation certificates, etc. or if any matters, issues relating to such approvals, permissions, notices, notifications by the competent authority(ies) becomes subject matter of any suit/writ before a competent court or; for any reason whatsoever; Any event or circumstances analogous to the foregoing.

The Company shall not be held responsible or liable for not performing any of its obligations or undertakings provided herein if such performance is prevented due to force majeure conditions as defined hereinabove.

31.3. The Allottee(s) agrees and understands that if the force majeure condition continues for a considerable long period such that the performance of this Agreement becomes unviable, then the Company shall terminate the present Agreement and in such case the only liability of the Company shall be to refund the amount paid by the Allottee(s) without any interest or compensation whatsoever. The Allottee(s) agree that the Allottee(s) shall have no right or claim of any nature whatsoever and the Company shall be relieved and discharged of all its obligations and liabilities under this Agreement.

SEVERABILITY:
That if any provision of this agreement is, determined to be void or unenforceable under 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 conform to applicable law and the remaining provisions of this agreement shall remain valid and enforceable.

METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT:
Wherever in this Agreement, it is stipulated that the Allottee(s) has to make any payment, in common with other Allottee(s) in Said Project, the same shall be the proportion which the area/carpet area of the Said Apartment bears to the total area/carpet area of all the Said Apartments in the Said Project.

FURTHER ASSURANCES:
Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction.

PLACE OF EXECUTION:
That the execution of this Agreement will be complete only upon its execution by the Company through its Authorized Signatory at the Company’s office at Gurugram after the copies duly executed by the Allottee(s) are received by the Company. Hence this Agreement shall be deemed to have been executed at Gurugram, Haryana even if the Allottee(s) may have executed this Agreement at any other place(s).

NOTICES:
That all notices to be served on the Allottee(s) and the Company as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee(s) or to the Company by pre-paid registered post/Speed Post/Courier/Email at their respective addresses specified below:

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

JOINT ALLOTTEE(S):
That 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 him/her which shall for all intents and purposes to consider as properly served on all the Allottee(s).

SAVINGS:
Any application letter, allotment letter, agreement, or any other document signed by the Allottee(s), in respect of the Said Apartment, as the case may be, prior to the execution and registration of this Buyer's Agreement for such Said Apartment, as the case may be, shall not be construed to limit the rights and interests of the Allottee(s) under the Buyer's Agreement or under the Act or the rules or the regulations made thereunder.

GOVERNING LAW:
That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the Act and the Rules and Regulations made thereunder including other applicable laws prevalent in the State for the time being in force.

DISPUTE RESOLUTION:
All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the Adjudicating Officer appointed under the Real Estate (Regulation and Development) Act, 2016 and Rules framed thereunder for the State of Haryana to the extent as provided for in the said Act and said Rules. All other disputes if any between the parties shall be referred to arbitration before a Sole Arbitrator to be appointed by the Board of Directors of the Company. The proceedings of arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The proceedings of arbitration shall be in English. The venue/seat of arbitration shall be Delhi only. The cost of arbitration shall be borne by the parties equally.

JURISDICTION:
This Agreement shall be subject to the jurisdiction of Courts at Delhi only.

INDEMNIFICATION:
That the Allottee(s) hereby covenants with the Company to pay from time to time and at all times the amounts which the Allottee(s) is liable to pay as agreed under this Agreement and to observe and perform all the covenants and conditions contained in this Agreement and to keep the Company and its agents and representatives, estate and effects, indemnified and harmless against the said payments and observance and performance of the said covenants and conditions and also against any loss or damages that the Company may suffer as a result of non-payment, non-observance or non-performance of the said covenants and conditions.
42.1 The construction of Said Apartment will conform to the specifications as set out in the Schedule attached to this Agreement subject however, to variation/modification as approved by the appropriate authority and/or the Company.

AUTHORITY:
Each Party to this Agreement represents that it possesses full power and authority to enter into this Agreement and to perform its obligations hereunder.

SURVIVAL:
All clauses which are intended to survive termination of this Agreement shall survive.

COPIES OF THE AGREEMENT:
Two copies of this Agreement shall be executed and presented for registration before the appropriate Sub- Registrar. While one copy shall be retained by the office of the Sub-Registrar, the original registered copy shall be retained by the Allottee and a certified copy of the registered agreement shall be retained by the Company.

MISCELLANEOUS:
At all times after the date hereof the Parties shall execute all such documents and do such acts, deeds and things as may reasonably be required for the purpose of giving full effect to this Agreement.
Each Party shall bear its own legal, accounting, professional and advisory fees, commissions and other costs and expenses incurred by it in connection with this Agreement and the transactions contemplated herein.
46.3. That the Allottee(s) undertakes to join in the execution of such documents and applications as may be required to obtain various permissions from the Income Tax and other authorities to facilitate the registration of the Sale Deed/Deed of Apartment in his/her/their favour, failing which the Allottee(s) shall alone be liable for all consequences arising from failure or neglect on the part of the Allottee(s) to do so.