AGREEMENT FOR SALE

This Agreement for Sale (“Agreement”) executed on this ______ day of

________ , 20 ___.
By and Between

M/s.__________________ (CIN No. __________________), a company

incorporated under the provisions of the Companies Act, [1956], having its
registered office at ________________________________ and its corporate
office at ________________________________ (PAN - ____________),
represented by its authorized signatory _____________________ (Aadhar No.
__________________ ) authorized vide board resolution dated
_________________ hereinafter referred to as the “Promoter/Company”
(which expression shall unless repugnant to the context or meaning thereof be
deemed to mean and include its successor-in-interest, and permitted assigns).

AND

[If the Allottee is a company]

______________________ (CIN No. _______________) a company

incorporated under the provisions of the Companies Act, [1956 / 2013], having
its registered office at _________________, (PAN _______________),
represented by its authorized signatory, _____________________ (Aadhar No.
__________) duly authorized videboard resolution dated _____________
hereinafter referred to as the "Allottee" (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include its
successor-in-interest, and permitted assigns).
[OR]
[If the Allottee is a Partnership]
__________________, a partnership firm registered under the Indian
Partnership Act, 1932, having its principal place of business at
___________________________, (PAN __________________) represented by
its authorized partner, _______________________ , (Aadhar
No.________________ ) authorized vide __________________, hereinafter
referred to as the "Allottee" (which expression shall unless repugnant to the
context or meaning thereof be deemed to mean and include the partners or
partner for the time being of the said firm, the survivor or survivors of them and
their heirs, executors and administrators of the last surviving partner and
his/her/their assigns).

[OR]

[If the Allottee is an Individual]

Mr. / Ms. ____________________, (Aadhar No. _____________) son /

daughter of ___________________ , aged about _________ residing at
________________ (PAN________________) (hereinafter called the
"Allottee" (which expression shall unless repugnant to the context or meaning
thereof be deemed to mean and include his/her heirs, executors, administrators,
successors-in-interest and permitted assigns).

[OR]

[If the Allottee is a HUF]

Mr. ________________ (Aadhar No. ________________) son of

_______________________ aged about _________ for self and as the Karta of
the Hindu Joint Mitakshara Family known as _________________________
HUF, having its place of business/
residence at ________________________________ (PAN
____________________), hereinafter referred to as the "Allottee" (which
expression shall unless repugnant to the context or meaning thereof be deemed
to mean and the members or member for the time being of the said HUF, and
their respective heirs, executors, administrators and permitted assigns).

The Promoter and Allottee shall hereinafter collectively be referred to as the

"Parties" andindividually as a "Party".

DEFINITIONS:
In this Agreement for Sale and all subsequent documents, capitalized words and
expressions shall have the meanings as ascribed to them hereinafter, unless
otherwise repugnant or contrary to the subject, context or meaning thereof, and
words and expressions that are not specifically defined hereunder shall carry the
meanings as the intent of the provision, and context, in which they are used,
may ordinarily demand or as otherwise may be consistent, congruent and
coherent with the manifest intent, purpose, and meaning of this Agreement for
Sale and not otherwise.
1. "Act" means the Real Estate (Regulation and Development) Act, 2016
(16 of 2016).
2. "Agreement for Sale" shall mean and refer to this Agreement and any
subsequent written modification entered into between the Promoter and
the Allottee.
3. "Allottee" shall mean the person to whom the Apartment has been
allotted and whose particulars are set out in this Agreement.
4. “Apartment” shall mean and refer to the Apartment to be allotted and
purchased by the Allottee in the Project as per details specified in the
 Clause 1.2 for the permitted use under applicable laws in accordance with
the Terms and Conditions of this Agreement.
5. “Apartment Act” means Uttar Pradesh Apartment (Promotion of
Ownership and Maintenance) Act, 2010 and Rules & Regulations made
thereunder.
6. “Apartment Owners’ Association” shall mean and refer to an Association
of Apartment Owners as defined under Clause (e) of Section 3 of the
Apartment Act with respect to the Project.
7. “Application” shall mean and refer to the Application executed by the
Allottee including all its annexures as are contained therein and attached
thereto for the allotment of an Apartment in the Project with the related
obligations/rights of the Parties.
8. “Applicant” shall mean the person(s) applying for allotment of the
Apartment whose particulars are set out in this Agreement for Sale and
who has appended his/her/their signature in acknowledgement of having
agreed to the terms and conditions of this Agreement for Sale.
9. “Applicable Laws” shall mean and refer to all applicable statutes, laws,
bye-laws, rules, regulations, orders, ordinances, notifications, protocols,
directions, guidelines, policies, courts, notices, judgement, decrees or any
other requirement or official directive of any authority or any person
authorized to act under any authority from time to time in relation to the
project. Apartment or the transaction between the parties as
contemplated herein, including, but not limited to, the Apartment Act and
the RERA.
10.“Applicable Interest” shall mean interest at the rate which is equivalent to
MCLR (Marginal Cost of Lending Rate) on home loan of State Bank of
India + 1% as applicable from time to time, or any other rate of interest as
may be prescribed under applicable laws.
11.“Appropriate Government” means the Government of Uttar Pradesh.
12.“Authority” shall mean the Real Estate Regulatory Authority, duly
constituted under the RERA Act, and the Rules and Regulations made
thereunder.
13.“Carpet Area” means the net usable floor area of the Apartment,
excluding the area covered by the External Walls, Areas under services,
exclusive Balcony or Verandah area and exclusive open terrace area, but
includes the area covered by the internal partition walls of the Apartment.
14.“Car Parking Spaces” shall mean and refer to the open Car Parking
space(s) designed for the exclusive use of the Allottee in the project by
the Promoter.
15.“Common Areas” shall have the same meaning as defined under Clause
(d) of Rule 2 (1) of U.P. Real Estate (Regulation & Development) Rules,
2016, as amended from time to time.
16.“Completion Date” shall be date on which the Promoter contemplates to
complete the construction of the Project or any extended date.
17.“Company/Developer/Promoter” means M/s Agarwal Associate
(Promoters) Limited, a company registered under Companies Act, 1956
and having its registered office at 10, New Rajdhani Enclave, Vikas
Marg, New Delhi – 110 092, being the Lead Member of the Consortium
in pursuance of Agreement dated 17.03.2011.
18.“Conveyance Charges” shall mean the stamp duty and the registration
charges as per provisions of the Applicable Laws and all incidental and
legal costs and expenses for preparation and execution of the Sale Deed
for the transfer of ownership of the Apartment in favour of the Allottee
upon Completion of the Apartment, and clearance of all dues in terms
hereof by the Allottee;
19.“Earnest Money/Booking Amount” shall mean 10% of Cost of Apartment
and applicable GST thereon as defined under Clause 1.2 of this
Agreement;
20. “FEMA” shall mean the Foreign Exchange Management Act, 1999 or
any amendment thereof.
21. “Force Majeure Event” shall mean war, flood, drought, fire, cyclone,
earthquake, pandemic or any other calamity over which the Promoter
does not have any control affecting the regular development of the
Project and any event or circumstance similar or analogous to the
foregoing.
22.“Government” means the Government of Uttar Pradesh.
23. “Holding Charges” shall have the meaning ascribed to such term under
Clause 7.3 of this Agreement for Sale.
24. “Independent Areas” means those areas which have been declared but
not included as common areas for joint use of apartments in the Project,
and may be sold by the Promoter without the interference of other
Apartment Owners.
25.“Limited Common Areas and facilities” means those Common Areas and
facilities which are designated by the Company, before the allotment, sale
or other transfer of any apartment in the Project, as reserved for use of a
certain apartment or apartments to the exclusion of the other apartments.
26.“Maintenance Charges” shall have the meaning ascribed to such term
under Clause 11 of this Agreement for Sale.
27.“Maintenance Deposit” or “IFMSD” shall mean the interest-free
maintenance security deposit payable by the Allottee under this
Agreement for Sale towards security for adjustment of any unpaid
Maintenance Charges as may be payable by the Allottee in terms of the
Project Maintenance Agreement.
28.“Maintenance Service Agency” or “MSA” shall mean the agency/body/
firm/company employed for maintenance and upkeep/security of the
Project.
29.“Maintenance Agreement” shall mean an agreement, to be executed
between the Allottee and the MSA or its appointed agency or nominee,
which is applicable and binding for all the apartment owners and
occupants of the Project, for the maintenance and upkeep of the Project as
a whole.
30.“Payment Plan” shall mean the payment plan selected by the Allottee for
the Apartment as more particularly described in SCHEDULE C of this
Agreement for Sale.
31.“PLC” or “Preferential Location Charges” shall mean the charges to be
paid by the Allottee in case the Apartment is allotted to the Allottee is
preferentially located, as more particularly described in SCHEDULE C of
this Agreement for Sale.
32.“Possession Notice” shall have the meaning ascribed to such term under
Clause 7.2 of the Agreement for Sale.
33.“Possession Notice Expiry Date” shall mean the date on which the 30
(thirty) days period following the issuance of the Possession Notice, as
more particularly described in Clause 7.2 of this Agreement for Sale,
shall expire.
34.“Project” shall mean and refer to the project "The Resort” being
developed by the Company over the Project Land.
35.“SBI” shall mean the State Bank of India.
36."Regulations" means the Regulations made under the Real Estate
(Regulation and Development) Act, 2016.
37. “RERA” shall mean Real Estate (Regulation & Development) Act, 2016
including any Statutory Enactments, Amendments, or modifications
thereof and any other Rules, Regulations or Bye-laws framed thereunder.
38. “Real Estate Regulatory Authority” shall mean the Authority duly
constituted under Section 20 of the RERA, by the appropriate
Government.
 39.“Rules” means the Real Estate (Regulation and Development)
(Amendment) Rules, 2016 as amended from time to time.
40.“Sale Deed/Conveyance Deed” shall mean a document duly executed and
registered before the Sub-Registrar/Registering Authority authorized by
the respective State Government for granting registration of the
Apartment by the Promoter in favour of the Allottee for the purposes of
Transferring (a) all the rights, title and interests in the Apartment and (b)
the proportionate undivided interest of the Allottee in the common areas
to the Allottee.
41. “Statutory Charges” shall mean and include the charges to be paid to any
Government Authority, Local Bodies as the case may be and as
mentioned in this Agreement for Sale.
42. “Section” means a Section of an Act.
43.“Taxes” shall mean and include all applicable taxes, cesses, levies, duties,
including but not limited to goods and services Tax (GST), property tax,
fees and other applicable taxes presently and/or imposed by the
Authorities at any time in the future (including with retrospective effect,
if any), in respect of the Project/Apartment/consideration hereunder
including even after the sale and handing over the possession of the
Apartment, which shall additionally, be payable by the Allottee which are
not included in the total price and any other charges.
44.“Total Price” shall have the meaning as described in Clause 1.2.
WHEREAS:
A. The Promoter is the absolute and lawful owner of land admeasuring a total
of 14,785.76 Sq. Mtrs. by way of registered Sale Deed No. 3789 dated
05.06.2015 for Khasra No. 1910 having an area of 1438.59 Sq. Mtr.; Sale
Deed No. 3789 dated 05.06.2015 for Khasra No. 1911 having an area of
3040.00 Sq. Mtr.; Sale Deed No. 2324 dated 13.03.2013 for Khasra No.
1912/1 having an area of 4000.00 Sq. Mtr.; Sale Deed No. 6779 dated
 18.10.2005 for Khasra No. 1915 having an area of 317.82 Sq. Mtr.; Sale
Deed No. 6157 dated 11.07.2006 for Khasra No. 1916 having an area of
100.00 Sq. Mtr.; Sale Deed No. 6587/3789 dated 29.07.2006/05.06.2015
for Khasra No. 2289 having an area of 4500.00 Sq. Mtr.; and Sale Deed
No. 5051/10008 dated 08.06.2006/26.12.2006 for Khasra No. 2295
having an area of 1389.35 Sq. Mtr., Shahpur Bamheta, Ghaziabad, UP-
201002, here-in-after referred to as “Said Land”.
B. The Said Land is earmarked for the purpose of building a residential
group housing project, comprising of 6 multi-storeyed apartment
buildings and the said project shall be known as ‘The Resort’ situated at
Plot No. GH-01, Sector–6, Aditya World City, Off NH-24, Shahpur
Bamheta, Ghaziabad, UP-201002;
C. The Promoter is fully competent to enter into this Agreement and all the
legal formalities with respect to the right, title and interest of the
Promoter regarding the Said Land on which Project is to be constructed
have been completed;
D. The Ghaziabad Development Authority has granted the Map Approval
for the Project vide letter dated 07.08.2021 bearing file no. GDA/BP/21-
22/0234.
E. The Promoter has obtained the layout plan, sanctioned plan,
specifications and all necessary approvals for the Project and also for the
apartment, plot or building, as the case may be, from Ghaziabad
Development Authority. The Promoter agrees and undertakes that it shall
not make any changes to these approved plans except in compliance with
section 14 of the Act and other laws as applicable;
F. The Promoter has registered the Project under the provisions of the Act
with the Uttar Pradesh Real Estate Regulatory Authority at Uttar Pradesh
on_____________ under registration No. ________________
 G. The Allottee had applied for an apartment in the Project vide application
dated ____________ and has been allotted apartment No. ____________
having carpet area of ___________ square meters ( __________ square
feet) and balcony area of ________ square meters ( __________ square
feet), type ______ on ________floor in [tower/block/building] No.
("Building"), and of pro rata share in the common areas ("Common
Areas") as defined under clause (d) of Rule 2(1) of U.P. Real Estate
(Regulation & Development) Rules, 2016." and deed of declaration
submitted before the concerned authority (hereinafter referred to as the
"Apartment" more particularly described in SCHEDULE A and the floor
plan of the apartment is annexed hereto and marked as SCHEDULE B.);
G.G. The allottee has been allocated Slot No. _________ in the open parking
area free of cost to be ratified by Apartment Owners’ Association.
H. The Parties have gone through all the terms and conditions set out in this
Agreement and understood the mutual rights and obligations detailed
herein;
I. Notwithstanding anything contained in this Agreement, it has been
unambiguously represented by the Promoter, and accepted and agreed by
the Allottee that the Apartment shall be provided in bare-shell condition
on ‘as is where is’ basis as mentioned in SCHEDULE D of this
Agreement for Sale;
J. The Parties hereby confirm that they are signing this Agreement with full
knowledge of all the prevalent laws, rules, regulations, notifications, etc.,
applicable to the Project;
K. The Parties, relying on the confirmations, representations and assurances
of each other to faithfully abide by all the terms, conditions and
stipulations contained in this Agreement and all applicable laws, are now
willing to enter into this Agreement on the terms and conditions
appearing hereinafter;
 L. In accordance with the terms and conditions set out in this Agreement and
as mutually agreed upon by and between the Parties, the Promoter hereby
agrees to sell and the Allottee hereby agrees to purchase the Apartment as
specified in Clause G.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL
REPRESENTATIONS, COVENANTS, ASSURANCES, PROMISES AND
AGREEMENTS CONTAINED HEREIN AND OTHER GOOD AND
VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. TERMS
1.1.1. Subject to the terms and conditions as detailed in this
Agreement, the Promoter agrees to sell to the Allottee and the
Allottee hereby agrees to purchase, the Apartment as specified
in Clause G.
1.1.2. Both the parties confirm that they have read and understood the
provisions of Section-14 of the Act.
1.2. The Total Price for the [Apartment] based on the carpet area is
Rs. _________ (Rupees _______________________ only)
("Total Price") (Give break up and description):
Block/Building Rate of Apartment Rs. ____ per
/Tower No. ___ square meter (Rs. ____ per
Apartment No. ________ square foot)*
Type _______
Floor _______
Carpet Area ________

Total Price (in rupees)

 BREAK UP OF TOTAL PRICE

Particulars Amount (In Rs.)

Cost of Apartment Rs._____________/-
GST on Cost of Apartment Rs._____________/-
Power Back Up Charges (_____ KVA) @ Rs. Rs._____________/-
_____________ Per KVA
GST on Power Back Up Charges Rs._____________/-
Advance Maintenance Charges (for 1 year) Rs._____________/-
GST on Advance Maintenance Charges Rs._____________/-
Government Levies (Labour Cess) Rs._____________/-
Other Applicable Taxes Rs._____________/-
Total Price (A) Rs._____________/-
Interest Free Maintenance Security Deposit
(B) Rs._____________/-
Sinking Fund (C) Rs._____________/-
Total Amount (A+B+C) Rs._____________/-

EXPLANATION
(i) The Total Price above includes the booking amount paid by the
Allottee to the Promoter towards the Apartment;
(ii) The Total Price above includes Taxes (consisting of tax paid or
payable by the Promoter by way of GST and other taxes which may be
levied, in connection with the construction of the Project payable by
the Promoter, by whatever name called) up to the date of handing over
the possession, of the Apartment to the Allottee and the Project to the
 Association of Allottees or the competent authority, as the case may
be, after obtaining the completion certificate.
Provided that if at any time after the execution of the Agreement for
Sale, any tax/levies/charge/surcharge including but not limited to any
development charges, infrastructure charges, etc., are levied on the
Promoter and/or its successors with respect to the Project and/or any
taxes/levies becomes retrospectively applicable in relation to the
Project and/or the Apartment, and the Promoter is required to pay such
taxes to the Authorities, then such taxes, levies, development charges,
infrastructure charges, etc., shall constitute a part of the Statutory
Charges. The Promoter shall have the right to demand such charges/
surcharges/taxes/levies/demands from the Allottee for making
payment thereof to the Authorities, by providing a 15 (fifteen) days
prior written notice, and the Allottee agrees to make payment of the
same.
The Promoter shall provide to the Allottee the details of the taxes paid
or demanded along with the acts/rules/notifications together with dates
from which such taxes/levies etc. have been imposed or become
effective;
Provided further that if there is any increase in the taxes after the
expiry of the scheduled date of completion of the 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;
(iii) The Allottee shall make payment demanded by the Promoter or as
specified in SCHEDULE C within the time and in the manner
specified therein.
(iv) The Total Price of the Apartment includes recovery of price of land,
 construction of, not only the Apartment but also, the Common Areas,
internal development charges, external development charges, taxes,
cost of providing electric wiring, electrical connectivity to the
apartment, lift, water line and plumbing, fire detection and fire-
fighting equipment in the Common Areas, Maintenance Charges as
per Clause 11, etc., and includes cost for providing all other facilities,
amenities and specifications to be provided within the Apartment and
the Project as specified in this Agreement.
1.3. The Total Price is escalation-free, save and except increases which the
Allottee hereby agrees to pay, due to increase on account of increase in
the rate of taxes and/or development fee payable to any Authority
and/or any other cost/charges which may be levied or imposed by any
Authority from time to time. The Promoter undertakes and agrees that
while raising a demand on the Allottee for increase in development
charges, cost/charges imposed by the competent authorities, the
Promoter shall disclose the said notification/order/rule/regulation in
the demand letter being issued to the Allottee.
Provided that if there is any new imposition or increase of any
development fee after the expiry of the scheduled date of completion
of the 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.
1.4. The Allottee(s) shall make the payment as per the Payment Plan set out
in SCHEDULE C ("Payment Plan").
a. In case the Allottee wishes to finance the purchase of his
apartment/unit in the project through loan from a bank/financial
institution, the responsibility of getting the loan sanctioned and
disbursed, as per the payment schedule will rest exclusively on the
Allottee. The Promoter shall only facilitate the process. The
Allottee shall be solely responsible to get the loan sanctioned and
disbursed in accordance with the agreed payment schedule. The
Allottee shall be solely responsible to ensure the disbursement of
complete payment to the Promoter.
b. The Promoter shall not be responsible to the Allottee or
towards any third party that might have made payments/remittances
to the Promoter on behalf of the Allottee in respect of the
Apartment, and the Allottee shall remain solely and absolutely
responsible for ensuring and making all the payments due. No third
party shall have any right whatsoever in the Apartment, even if,
partial/complete payment has been made by such third party. The
Allottee shall remain solely, absolutely and directly responsible for
any third-party payment that the Promoter may receive against the
Apartment. The Promoter is not privy to any understanding
between the Allottee and the third-party making payment on behalf
of the Allottee and the Allottee shall be responsible for all
compliances with Applicable Laws in this regard.
c. Notwithstanding the source of any payment, the Promoter
shall issue the payment receipts only in favour of the Allottee and
notwithstanding any such arrangement. Under all circumstances, the
Allottee is and shall remain solely and absolutely responsible for
ensuring and making all the payments due even in the case of any
Financial Institution with whom a tripartite agreement has been
separately executed for financing any payment for the said
Apartment. Any delay, shortfall in or denial of any payment to the
Promoter shall be to the risk and cost of the Allottee in terms
 hereof.
d. Additionally, the Promoter shall not be liable, responsible or
accountable to any bank/financial institution for the refund of any
monies advanced on behalf of the Allottee and the responsibility of
the Promoter under any such tripartite agreement shall, subject to
performance of the terms hereof by the Allottee be limited to
facilitating the concerned bank/financial institution/company to take
the original executed Sale Deed. The Allottee shall be responsible
and liable for making all payments to the persons from whom he
has borrowed the money. The Allottee indemnifies and shall keep
the Promoter indemnified against all claims made against the
Promoter or the Apartment by any person.
1.5. The Promoter may allow, in its sole discretion, a rebate for early
payments of instalments payable by the Allottee by discounting such
early payments @ nil % per annum for the period by which the
respective instalment has been preponed. The provision for allowing
rebate and such rate of rebate shall not be subject to any revision/
withdrawal, once granted to an Allottee by the Promoter.
1.6. It is agreed that the Promoter shall not make any additions and
alterations in the sanctioned plans, layout plans and specifications and
the nature of fixtures, fittings and amenities described herein at
SCHEDULE D and SCHEDULE E (which shall be in conformity with
the advertisement, prospectus etc., on the basis of which sale is
effected) in respect of the apartment without the previous written
consent of the Allottee as per the provisions of the Act.
Provided that the Promoter may make such minor additions or
alterations as may be required by the Allottee, or such minor changes
or alterations as per the provisions of the Act.
1.7. The Promoter shall also confirm the final carpet area that has been
allotted to the Allottee after the construction of the Building is
complete and the occupancy certificate is granted by the Ghaziabad
Development 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 Promoter. If there is reduction in the carpet area
then the Promoter shall refund the excess money paid by Allottee
within forty-five days with annual interest at the rate prescribed in the
Rules, from the date when such an excess amount was paid by the
Allottee. If there is any increase in the carpet area, which is not more
than three percent of the carpet area of the apartment, allotted to
Allottee, the Allottee shall comply with the revised terms resulting
from the increase, including payment of any increase in the Total Sale
Consideration of the Apartment, which the Promoter may demand that
from the Allottee on the next milestone of the Payment Plan as
provided in SCHEDULE C. All these monetary adjustments shall be
made at the same rate per square meter/square foot as agreed in Clause
1.2 of this Agreement for Sale. The Allottee agrees that in future, if due
to change in the layout plan/building plan of the said Building/said
Apartment:
a) The said Apartment seizes to be preferentially located then only the
amount of PLC, paid by the Allottee shall be refunded without any
interest and such refund shall be adjusted in the last instalment as per
the payment plan opted by the Allottee.
b) If the said Apartment subsequently becomes preferentially located, the
Allottee shall pay PLC of the apartment to the Promoter as applicable,
and as demanded by the Promoter.
 c) If the said Apartment subsequently becomes additionally preferentially
located, the Allottee shall pay additional PLC to the Promoter in the
manner as demanded by Promoter.
1.8. Subject to Clause 9.3 and 9.4, the Promoter agrees and acknowledges,
the Allottee shall have the right to the Apartment as mentioned below:
i. The Allottee shall have exclusive ownership of the Apartment;
ii. The Allottee shall also have undivided proportionate share in the
Common Areas. Since the share/interest of Allottee in the Common
Areas is undivided and cannot be divided or separated, the Allottee
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 Promoter shall hand over the Common Areas to the
association of Allottees after duly obtaining the completion certificate
from the competent authority as provided in the Act;
iii. That the computation of the price of the Apartment includes recovery
of price of land, construction of not only the Apartment but also the
Common Areas, internal development charges, external development
charges, taxes, cost of providing electric wiring, electrical connectivity
to the apartment, lift, water line and plumbing, fire detection and
firefighting equipment in the Common Areas, maintenance charges as
per Clause 11, etc. and includes cost for providing all other facilities,
amenities and specifications to be provided within the [Apartment] and
the Project;
iv. The Allottee has the right to visit the Project site to assess the extent of
development of the Project and his apartment/plot, as the case may be.
1.9. It is made clear by the Promoter and the Allottee agrees that the
Apartment along with open parking shall be treated as a single
indivisible unit for all purposes. It is agreed that the Project is an
 independent, self-contained Project covering the Said Land and is not a
part of any other project or zone and shall not form a part of and/or
linked/combined with any other project in its vicinity or otherwise
except for the purpose of integration of infrastructure for the benefit of
the Allottee. It is clarified that Project's facilities and amenities other
than declared as independent areas, and limited common areas &
facilities, in deed of declaration shall be available only for use and
enjoyment of the Allottees of the Project.
1.10. The Promoter agrees to pay all outgoings before transferring the
physical possession of the apartment to the Allottees, which it has
collected from the Allottees, for the payment of outgoings (including
land cost, ground rent, municipal or other local taxes, charges for water
or electricity, maintenance charges, 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 Project). If the Promoter fails to pay all or any
of the outgoings collected by it from the Allottees or any liability,
mortgage loan and interest thereon before transferring the apartment to
the Allottees, the Promoter agrees to be liable, even after the transfer of
the property, to pay such outgoings 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.
1.11. The Allottee has paid a sum of Rs.________ (Rupees
______________________ only) as booking amount being part
payment towards the Total Price of the Apartment at the time of
application the receipt of which the Promoter hereby acknowledges
and the Allottee hereby agrees to pay the remaining price of the
 Apartment as prescribed in the Payment Plan [SCHEDULE C] as may
be demanded by the Promoter within the time and in the manner
specified therein:
Provided that if the Allottee delays in payment towards any amount
which is payable, in respect of the Apartment in terms hereof, the
default payment shall attract interest at Applicable Interest Rate as
defined hereinabove from the date when such amounts become due for
payment until the date of receipt by the Promoter. Notwithstanding the
Applicable Interest Rate, in the event any payment is delayed beyond a
period of 60 (sixty) days from its due date, the same shall be deemed to
be a breach of the Agreement for Sale. The same will amount to an
Event of Default as described hereinafter.

2. MODE OF PAYMENT
Subject to the terms of the Agreement and the Promoter abiding by the
construction milestones, the Allottee shall make all payments, on written
demand by the Promoter, within the stipulated time as mentioned in the
Payment Plan in SCHEDULE C through demand draft/banker’s
cheque/cheque payable at Delhi/NCR or though RTGS/NEFT as per
details mentioned in SCHEDULE C. No cash payments shall be
acceptable.

3. COMPLIANCE OF LAWS RELATING TO REMITTANCES

3.1. If the Allottee is a non-resident/person of Indian origin/overseas citizen of
India, he/she/they 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 Promoter with such permissions/approvals/sanctions/
documents, etc. which would enable the Promoter to fulfil 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 understands and agrees that
in the event of any failure on his/her/their part to comply with the
applicable guidelines issued by the Reserve Bank of India, he/she/they may
be liable for any action under the Foreign Exchange Management Act,
1999 or other laws as applicable, as amended from time to time.
3.2. The Promoter accepts no responsibility in regard to matter specified in
Clause 3.1. above. The Allottee shall keep the Promoter fully indemnified
at all times for any damage, loss, cost, harm or injury caused to it for any
reason whatsoever in this regard. Whenever there is any change in the
residential status of the Allottee, subsequent to the signing of this
Agreement, it shall be the sole responsibility of the Allottee to intimate the
same in writing to the Promoter immediately and comply with necessary
formalities, if any, under the applicable laws. The Promoter shall not be
responsible towards any third party making payment/remittances on behalf
of any Allottee 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 Promoter shall be issued the payment receipts in favour of the
Allottee only.

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

5. TIME IS ESSENCE
The Promoter shall abide by the time schedule for completing the Project
as disclosed at the time of registration of the Project with the Authority and
any extension thereof, and towards offering the Apartment for Possession
to the Allottee, and the Common Areas to the Association of Allottees or
the competent authority as the case may be, subject to Force Majeure
conditions which are beyond the control of Promoter.
Similarly, the Allottee shall make timely payments of the instalment and
other dues payable by him/her and meeting the other obligations under the
Agreement subject to the simultaneous completion of construction by the
Promoter as provided in SCHEDULE C ("Payment Plan”).

6. CONSTRUCTION OF THE PROJECT/APARTMENT

The Allottee has seen the proposed layout plan, specifications, amenities
and facilities of the Apartment and accepted the floor plan, payment plan
and the specifications, amenities and facilities [annexed as Schedules along
with this Agreement] which has been approved by the competent authority,
as represented by the Promoter. The Promoter shall develop the Project in
accordance with the said layout plans, floor plans and specifications,
amenities and facilities. Subject to the terms in this Agreement, the
Promoter undertakes to strictly abide by such plans approved by the
competent Authorities and shall also strictly abide by the bye-laws, FAR
and density norms and provisions prescribed by the Ghaziabad
Development Authority and shall not make any variation/alteration/
modification in such plans, other than in the manner provided under the
 Act, and breach of this term by the Promoter shall constitute a material
breach of the Agreement.

7. POSSESSION OF THE APARTMENT/PLOT

7.1. Schedule for possession of the said Apartment
The Promoter agrees and understands that timely offer of possession of the
Apartment to the Allottee(s), and the Common Areas to the Association of
Allottees or the competent authority, as the case may be, is the essence of
the Agreement. Subject to the terms and conditions of this Agreement for
Sale, timely payment by the Allottee(s) of the Sale Consideration, and
other charges due and payable according to the Payment Plan.The
Promoter assures to hand over possession of the Apartment along with
ready and complete Common Areas with all specifications, amenities and
facilities of the Project in place on___________, unless there is delay or
failure due to war, flood, drought, fire, cyclone, earthquake or any other
calamity caused by nature affecting the regular development of the real
estate project ("Force Majeure"). If, however, the completion of the
Project is delayed due to Force Majeure conditions, then the Allottee
agrees that the Promoter shall be entitled to the extension of time for offer
of possession of the Apartment.
Provided that such Force Majeure conditions are not of a nature which
make it impossible for the contract to be implemented. The Allottee agrees
and confirms that, in the event it becomes impossible for the Promoter to
implement the project due to Force Majeure conditions, then this allotment
shall stand terminated and the Promoter shall refund to the Allottee the
entire amount received by the Promoter from the allotment within 120 days
from that date. The Promoter shall intimate the Allottee about such
termination at least thirty days prior to such termination. After refund of
 the money paid by the Allottee, the Allottee agrees that he/she shall not
have any rights, claims etc. against the Promoter and that the Promoter
shall be released and discharged from all its obligations and liabilities
under this Agreement. In case the project is developed in phases, it will be
the duty of the promoter to maintain those common areas and facilities
which are not complete and handover all the common areas and facilities
to the RWA once all phases are completed. The promoter shall not charge
more than the normal maintenance charges from the allottees.
7.2. Procedure for taking possession–
Subject to the Allottee performing all obligations mentioned under this
Agreement for Sale, the Promoter, upon obtaining the occupancy
certificate from the Ghaziabad Development Authority, shall issue a
written notice to the Allottee, (“Possession Notice”), within a period of 60
days from the date of issuance of the occupancy certificate.
Upon receipt of Possession Notice, the Allottee will have to comply with
the requirements as below mentioned within 30 (thirty) days from the date
of Possession Notice.
(i) Payment of any unpaid amounts as provided herein and as otherwise
applicable under Applicable Laws;
(ii) Payment of the entire Conveyance Charges as demanded by the
Promoter;
(iii) Execution of necessary indemnities, undertakings, Project
Maintenance Agreement, Electricity Agreement, and the likes as may
be required or suggested by the Promoter in respect of the Apartment
and to get the same stamped and registered as required under
Applicable Laws with the jurisdictional Sub-Registrar upon payment
of applicable stamp duty and other applicable charges directly by the
Allottee.
 [Provided that, in the absence of Applicable Law, the Promoter shall
offer to execute the conveyance deed in favour of the Allottee within
3 months from the date of issue of completion certificate/occupancy
certificate (as applicable)].
The Allottee, after taking possession, agrees to pay the Maintenance
Charges as determined by the Promoter/MSA/Association of
Allottees, as the case may be after the issuance of the occupancy
certificate for the Project. The Promoter shall hand over the
occupancy/completion certificate of the apartment, to the Allottee at
the time of conveyance of the same.
7.3. Failure of Allottee to take Possession of Apartment –
Upon receiving a written intimation from the Promoter as per Clause 7.2,
the Allottee shall take possession of the Apartment from the Promoter by
executing necessary indemnities, undertakings and such other
documentation as prescribed in this Agreement, and the Promoter shall
give possession of the Apartment to the Allottee.
Without prejudice to any other right that may be available to the Promoter
under Applicable Laws or otherwise, in the event the Allottee delays or
otherwise fails, subject to any rectification of any defect by the Promoter,
to take over the physical possession of the Apartment before the
Possession Notice Expiry Date, the same shall be an Event of Default
under this Agreement for Sale. Without prejudice to the right of the
Promoter to terminate this Agreement for Sale or any other right/remedy
available to it under Applicable Laws, the Allottee shall be liable to pay to
the Promoter the holding charges @ Rs. 2 per sq ft. per month of Carpet
Area of the Apartment or at any other rate prescribed from time to time.
Such holding charges shall be applicable from Possession Notice Expiry
Date till the date of taking over of the possession of the Apartment by the
Allottee (“Holding Charges”). The aforesaid charges shall be in addition to
 the applicable Maintenance Charges and interest on delayed payments until
the actual taking over of the possession by the Allottee.
If the Allottee(s) fail(s) to come forward to take possession of the
Apartment for a period of six (6) months from the Possession Notice
Expiry Date, then the Allotment shall be construed to be cancelled by the
Allottee in terms of Clause 7.5 of this Agreement.
7.4. Possession by the Allottee
After obtaining the occupancy certificate and handing over physical
possession of the Apartment to the Allottees, it shall be the responsibility
of the Promoter to hand over the necessary documents and plans, including
Common Areas, to the association of Allottees or the competent authority,
as the case may be, as per the Applicable Law:
[Provided that, in the absence of any Applicable Law, the Promoter shall
handover the necessary documents and plans, including Common Areas, to
the association of Allottees or the competent authority, as the case may be,
within thirty days after obtaining the occupancy certificate].
7.5. Cancellation by Allottee
The Allottee shall have the right to cancel/withdraw his allotment in the
Project as provided in the Act.
Provided that where the Allottee proposes to cancel/withdraw from the
Project without any fault of the Promoter, the Promoter herein is entitled to
forfeit the booking amount paid for the allotment, interest on delayed
payment, amount towards taxes and Holding Charges. The promoter shall
return 50% (fifty percent) of the balance amount of money paid by the
allottee within 45 (forty-five) days of such cancellation/withdrawal and the
remaining 50% (fifty percent) of the balance amount on re-allotment of the
apartment/plot or at the end of one year from the date of
cancellation/withdrawal by the allottee, whichever is earlier. The promoter
shall inform the previous allottee the date of re-allotment of the said
 apartment/plot and also display this information on the official website of
UP RERA on the date of re-allotment.

7.6. Compensation
The Promoter shall compensate the Allottee 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 interest and 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 event, if the Promoter fails to
complete or is unable to give possession of the Apartment (i) in accordance
with the terms of this Agreement, duly completed by the date specified in
Clause 7.1; or (ii) 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; the Promoter shall be liable, on demand to the
Allottees, in case the Allottee wishes to withdraw from the Project, without
prejudice to any other remedy available, to return the total amount received
by him in respect of the Apartment, with interest at the rate prescribed in
the Rules including compensation in the manner as provided under the Act
within forty-five days of it becoming due:
7.7. Provided that where if the Allottee does not intend to withdraw from the
Project, the Promoter shall pay the Allottee interest at the rate prescribed in
the Rules for every month of delay, till the offer of the possession of the
Apartment, which shall be paid by the Promoter to the Allottee within
forty-five days of it becoming due.

8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER

8.1. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Promoter 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 Project;
(ii) The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project;
(iii) The Promoter had obtained Term Loan against the Project
from Punjab & Sind Bank, however, the Promoter has
obtained permission from Punjab & Sind Bank for selling
the Apartment therefore, there is no encumbrance upon
the Said Apartment;
(iv) There are no litigations pending before any Court of law or
Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent
authorities with respect to the Project, said Land and Apartment
are valid and subsisting and have been obtained by following due
process of law. Further, the Promoter has been and shall, at all
times, remain to be in compliance with all Applicable Law
inrelation to the Project, said Land, Building and Apartment and
Common Areas;
(vi) The Promoter 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 created herein, may
prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale/lease
and/or development agreement or anyother agreement
/arrangement with any person or party with respect to the said
Land, including the Project and the said Apartment which shall, in
any manner, affect the rights of Allottee under this Agreement;
 (viii) The Promoter confirms that the Promoter is not restricted in any
manner whatsoever from selling the said Apartment to the Allottee
in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter
shall handover lawful, vacant, peaceful, physical possession of the
Apartment to the Allottee and the Common Areas to the
association of Allottees or the competent authority, as the case
may be;
(x) The Schedule Property 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 Schedule Property;
(xi) The Promoter 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 completion certificate/
occupancy certificate has been issued and possession of
apartment, plot or building, as the case may be, along with
Common Areas has been handed over to the Allottee and the
association of Allottees or the competent authority, as the case
may be;
(xii) 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 Promoter in respect of the said Land and/or the Project.
8.2. The Allottee hereby represents and warrants to the Promoter as follows:
(i) The Allottee shall comply with all legal requirements for purchase of the
Apartment after execution of this Agreement for sale and shall sign all
 requisite applications, consents, declaration, NOCs, deeds, forms,
affidavits, undertakings, etc., as may be required for the purpose by the
Promoter/Association/MSA/EA and/or as may be required by the
Authority and under Applicable Laws.
(ii) The Promoter shall have a first lien and charge on the Apartment in respect
of compliance of all the covenants, undertakings and obligations of the
Allottee and payment of all sums payable by the Allottee to the Promoter
pursuant to this Agreement for Sale. Until the Sale Deed is executed and
registered in favour of the Allottee in terms hereof, this Agreement for Sale
shall not confer any right of title/ownership upon the Allottee in respect of
the Apartment.
(iii) The Promoter shall be entitled to sell, let, sublet, lease, give on leave and
license, or under any arrangement to persons of its choice or to use, in such
manner as it may deem fit any of the unsold areas, other developments in
the Project, Independent Areas etc. and to receive any consideration in
respect of the same, in accordance with Applicable Laws.
(iv) The Promoter has named the Project as “The Resort” and which name can
be changed at the sole discretion and decision of the Promoter. The
Promoter shall have a right to display its name at a conspicuous place as
the developer of the Project at all times. The trade mark on the word/style
“The Resort” shall always remain with the Promoter.
(v) The Allottee shall become a member of the Association which will be
formed by the apartment owners in the Project. The Allottee shall from
time to time, in accordance with Applicable Laws, be required to pay the
periodic membership/subscription charges as per demands raised by the
Association, and sign and execute any application for membership and
other papers, instruments and documents in this regard. The Allottee shall
observe and perform all the rules, regulations of the Association that may
be specified under the bye laws of such Association.
(vi) From the date of the Possession Notice and till the time each Apartment in
the Project is not separately assessed, the Allottee agrees to pay on demand
all applicable taxes/levy/charge/surcharge in respect of the Project
Land/the Project/Apartment, as the case may be, in proportion to the
Carpet Area of the Apartment.
(vii) The Allottee agrees and confirms that the Promoter shall at all times be
entitled to develop, as part of the Project, any additional contiguous land
parcels as per necessary Approvals that may be obtained from the
Authority and seek changes in the Approvals as per Applicable Laws for
such development. The Allottee further agrees and confirms that the
Promoter shall be entitled to raise more floors as per the necessary
approvals obtained from the authority.
(viii)In the event of death of the Allottee/Co-Allottee, the person on whom the
rights of the deceased devolve by law of succession shall, within 90 days
of devolution give notice of such devolution to the Promoter. The person
on whom the rights of the deceased shall devolve will be liable to provide
to the Promoter the requisite documents as required under the applicable
law and also liable for payment of outstanding maintenance and other
amounts due to the Electricity Agency, Maintenance Agency or any other
Government Agency.

9. Events of Defaults and Consequences

9.1. Subject to the Force Majeure clause, the Promoter shall be considered
under a condition of Default, in the following events:
(i) Promoter fails to provide offer for possession of the Apartment to the
Allottee within the time period specified in Clause 7.1 or fails to
complete the Project within the stipulated time disclosed at the time
of registration of the Project with the Authority including any
extension thereof. For the purpose of this Clause the offer of
 possession shall be given when the apartment is complete in all
respects including all specifications, amenities and facilities, as
agreed to between the parties in SCHEDULE D and SHEDULE E,
and for which completion certificate has been issued by the
Ghaziabad Development Authority;
(ii) Discontinuance of the Promoter's business as a developer on account
of suspension or revocation of his registration under the provisions of
the Act orthe Rules or Regulations made thereunder.
9.2. In case of Default by Promoter under the conditions listed above a non-
defaulting Allottee is entitled to thefollowing:
(i) Stop making further payments to Promoter as demanded by the
Promoter. If the Allottee stops making payments, the Promoter shall
correct the situation by completing the construction milestones and
only thereafter the Allottee be required to make the next payment
without any interest; or
(ii) The Allottee shall have the option of terminating the Agreement in
which case the Promoter shall be liable to refund the entire money
paid by the Allottee under any head whatsoever towards the purchase
of the apartment, along with interest at the rate equal to MCLR
(Marginal Cost of Lending Rate) on home loan of State Bank of India
+1 % unless provided otherwise under the Rules, within forty-five
days of receiving the termination notice:
Provided that where an Allottee does not intend to withdraw from the
Project or terminate the Agreement, he shall be paid, by the Promoter,
interest at the rate prescribed in the Rules, for every month of delay
till the handing over of the possession of the Apartment, which shall
be paid by the Promoter to the Allottee within forty-five days of it
becoming due.
9.3. The Allottee shall be considered under a condition of Default, on the
occurrence of the following events:
(i) In case the Allottee fails to pay the amounts specified in SCHEDULE
C and in various Clauses of this Agreement for Sale, as may be due
and payable to the Promoter/EA/MSA/Association in respect of the
Apartment; or
(ii) In case the Allottee fails to execute the Maintenance Agreement or
Electricity Agreement in terms thereof; or
(iii) In case Allottee fails to replenish any shortfall in the IFMSD, or fails
to pay the increased Maintenance Charges and/or increase in the
amount of the IFMSD; or
(iv) In case the Allottee fails to take the possession of the Apartment or to
execute the Sale Deed due to any reason or comply with other terms
and conditions as stipulated herein; or
(v) In case of breach of any other representations, warranties,
undertakings and covenants as set forth in this Agreement for Sale or
any failure to perform, comply and observe any of them.
9.4. Upon the occurrence of any Event of Default, the Promoter may, at its sole
discretion, and without prejudice to any other right/remedy available under
Applicable Laws, call upon the Allottee by way of a written notice to
rectify/cure the Event of Default within a time period of 30 (thirty) days.
On the failure of the Allottee to do so, and without prejudice to any other
right or remedy available to the Promoter under Applicable Laws or as
otherwise envisaged in terms hereof, the Promoter shall have the right to
cancel the allotment under notice to the Allottee. The Apartment shall vest
with the Promoter absolutely and the Promoter shall refund the monies in
terms of Clause 7.5. The Promoter shall after cancellation be free to resell
and/or deal with the Apartment in any manner whatsoever at its sole
discretion.
10. CONVEYANCE OF THE SAID APARTMENT
The Promoter, on receipt of Total Price of the Apartment as per Clause 1.2
and SCHEDULE C under the Agreement from the Allottee, shall execute a
conveyance deed and convey the title of the Apartment together with pro
rata, undivided and indivisible share in the Common Areas within 3
months from the date of issuance of the occupancy certificate to the
Allottee:
[Provided that, in the absence of Applicable Law, the conveyance deed in
favour of the Allottee shall be carried out by the promoter within 3 months
from the date of issue of occupancy certificate].
However, in case the Allottee fails to deposit the stamp duty and/or
registration charges within the period mentioned in the notice, the Allottee
authorizes the Promoter to withhold registration of the conveyance deed in
his/her favour till payment of stamp duty and registration charges to the
Promoter is made by the Allottee.

11. MAINTENANCE OF THE SAID APARTMENT/PROJECT:

11.1.The Promoter, or a Maintenance Service Agency ("MSA”) appointed by
the Promoter, shall be responsible for the maintenance and upkeep of the
Common Areas in the Project till the taking over of the maintenance of the
Project by the Association of Allottees or any Authority, as the case may
be. It is hereby clarified that the responsibility of up keep of the Apartment
shall be the responsibility of the Allottee. The cost of such maintenance
for 1 (one) year from the date of completion certificate has been included
in the Total Price of the Apartment.
However, if the Association of Allottees is not formed within 1 year of
issue of completion certificate, the Promoter will be entitled to collect from
the allottees amount equal to the amount of maintenance charges disclosed
 in Clause 1.2 + 10% in lieu of price escalation for the purpose of the
maintenance for next 1 year and so on. The Promoter will pay the balance
amount available with him against the maintenance charge to Association
of Allottees once it is formed.
11.2.The Allottee shall execute a Project Maintenance Agreement with the
Promoter/MSA simultaneous to the issuance of the Possession Notice by
the Promoter in respect of the Apartment and any refusal or denial to
execute the same shall tantamount to a deliberate breach of this Agreement
for Sale and shall be deemed to be an Event of Default under this
Agreement for Sale. The Allottee undertakes to abide by the terms of the
Project Maintenance Agreement and to make timely payments of all
Maintenance Charges from time to time, whether or not the Allottee is in
physical occupation of the Apartment.
11.3.The Allottee accepts that the provision of such maintenance services shall
at all times be subject to the timely payment of the Maintenance Charges,
including but not limited to the requisite Interest-Free Maintenance
Security Deposit (“IFMSD”) (including any further contributions to the
IFMSD, when necessary). The Allottee shall deposit and shall always
keep deposited with the Promoter/MSA the IFMSD as specified in
SCHEDULE C.
11.4.The Promoter shall appoint a suitable Electricity Agency (“EA”) for
meeting with the Electricity/Power Requirements of the Project until the
responsibility for such maintenance is required to be handed over to any
Association or to any Authority, as the case may be. The Allottee shall
execute a Power Agreement with the Promoter/EA simultaneous to the
issuance of the Possession Notice by the Promoter in respect of the
Apartment and any refusal or denial to execute the same shall tantamount
to a deliberate breach of this Agreement for Sale, and shall be deemed to
be an Event of Default under this Agreement for Sale. The Allottee
 undertakes to abide by the terms of the Power Agreement and to make
timely payments of all Electricity and related Charges from time to time,
whether or not the Allottee is in physical occupation of the Apartment.
11.5.Subject to such Approvals from the Authorities as may be necessary in this
regard, the Electricity Agency shall provide for Power backup at the
Project for which the Promoter and/or its agents, as the case may be, shall
have the sole right to decide the capacity and type of the power back up
equipment/plant/machinery as may be considered necessary.
11.6.The Allottee agrees and understands that the Promoter/EA has, subject to
such Approvals as may be necessary and requirement of UPPCL/PVVNL,
entered into an arrangement for bulk power supply to the Project, to which
the Allottee shall not have any objection and hereby gives its consent to
any such arrangement for power including it being an exclusive source of
power supply to the Project and the Allottee has agreed that such power
supply may be provided by the Promoter/EA. The Allottee agrees that this
arrangement could be provided within the Project by the Promoter directly
or through any group company of the Promoter or through any
arrangements that the Promoter may have with the EA. The Allottee
agrees that such bulk power will be supplied to the Apartment and the
Allottee agrees not to avail any other source of electricity/power for the
Apartment. The Allottee hereby confirms and agrees to pay all such
electricity usage charges, plus all the applicable Taxes thereon based upon
actual consumption of electricity supplied from such source to the
Promoter/MSA as per the meter installed for the Apartment, and also pay
electricity connection & meter charges as specified in SCHEDULE C.
Electricity usage charges would be separately charged by the Promoter/EA
at such rate determined by the Promoter/EA in accordance with the
requirements of the relevant discom.
11.7.The Promoter/MSA reserves the right to increase the IFMSD from time to
time to maintain equilibrium with the increase in the cost of maintenance
services and the Allottee(s) agrees to pay such increases within fifteen (15)
days of the receipt of a prior written notice from the Promoter/its nominee
(including MSA).
11.8.The Promoter agrees and acknowledges that after the formation of the
Association, the provision of maintenance services and Power Supply/
Back-up by the Promoter/MSA/EA shall be subject to the consent of the
Association, and if the Association chooses to terminate the provision of
maintenance services and Power Supply/Back-up by the Promoter/MSA/
EA, the Allottee shall execute a fresh project maintenance agreement and
Power Supply/Back-up Agreement, with the maintenance agency/
Electricity Supply Agency appointed by the Association.

12. DEFECT LIABILITY:

It is agreed that in case any structural defect in the Apartment is brought to
the notice of the Promoter within a period of 5 (five) years by the Allottee
from the date of offer of possession or the date of obligation of the
promoter to give possession to the allottee, whichever is earlier, it shall be
the duty of the Promoter to rectify such defects without further charge,
within 30 (thirty) days or any reasonable time, as the case may be. In the
event of Promoter's failure to rectify such defects within such time, the
aggrieved Allottees shall be entitled to receive appropriate compensation in
the manner as provided under the Act.

13. RIGHT TO ENTER THE APARTMENT FOR REPAIRS:

13.1.The Promoter/MSA/Association of Allottees shall have rights of
unrestricted access to all Common Areas, open parking spaces for
providing necessary maintenance services.
13.2.The Promoter shall always have an unfettered right of access, ingress and
egress to all terraces, common areas, lobbies, staircases, corridors, stilt,
basements and all areas, described as Common Areas, without any
objection from any of the Allottees/Association of Allottees, even after
handing over the possession and maintenance of the Project to the
Association.

14. USAGE:
Use of Basement and Service Areas: The basement(s) and service areas, if
any, as located within the Project, shall be earmarked for purposes such as
parking spaces and services including but not limited to electric sub-
station, transformer, DG set rooms, underground water tanks, pump rooms,
maintenance and service rooms, fire-fighting pumps and equipment's etc.
and other permitted uses as per sanctioned plans. The Allottee shall not be
permitted to use the services areas and the basements in any manner
whatsoever, other than those earmarked as parking spaces, and the same
shall be reserved for use by the Association of Allottees formed by the
Allottees for rendering maintenance services.

15. GENERAL COMPLIANCE WITH RESPECT TO THE

APARTMENT
15.1.Subject to Clause 12 above, the Allottee shall, after taking possession, be
solely responsible to maintain the Apartment at his/her own cost, in good
repair and condition and shall not do or suffer to be done anything in or to
the Building, or the Apartment, or the staircases, lifts, common passages,
corridors, circulation areas, atrium or the compound which may be in
violation of any laws or rules of any authority or change or alter or make
additions to the Apartment and keep the Apartment, its walls and
partitions, sewers, drains, pipe and appurtenances thereto or belonging
 thereto, 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.
15.2.The Allottee 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
Allottees 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 shall not store any
hazardous or combustible goods in the Apartment or place any heavy
material in the common passages or staircase of the Building. The Allottee
shall also not remove any wall, including the outer and load bearing wall
of the Apartment.
15.3.The Allottee shall plan and distribute its electrical load in conformity with
the electrical systems installed by the Promoter and thereafter the
association of Allottees and/or maintenance agency appointed by
association of Allottees. The Allottee shall be responsible for any loss or
damages arising out of breach of any of the aforesaid conditions.

16. COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY PARTIES:

The Parties are entering into this Agreement for the allotment of an
Apartment with the full knowledge of all laws, rules, regulations,
notifications applicable to the Project.

17. ADDITIONAL CONSTRUCTIONS:

The Promoter undertakes that it has no right to make additions or to put up
additional structure(s) anywhere in the 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 as
provided in the Act.

18. PROMOTER SHALL NOT MORTGAGE OR CREATE A

CHARGE:
After the Promoter executes this Agreement, he shall not mortgage or
create a charge on the Apartment and if any such mortgage or charge is
made or created then notwithstanding anything contained in any other law
for the time being in force, such mortgage or charge shall not affect the
right and interest of the Allottee who has taken or agreed to take such
Apartment.

19. U.P. APARTMENT (PROMOTION OF CONSTRUCTION,

OWNERSHIP AND MAINTENANCE OWNERSHIP) ACT 2010.
The Promoter has assured the Allottees that the Project in its entirety is in
accordance with the provisions of the U.P. Apartment (Promotion of
Construction, Ownership and Maintenance) Act, 2010. The Promoter
showing compliance of various laws/regulations as applicable in Uttar
Pradesh.

20. BINDING EFFECT:

Forwarding this Agreement to the Allottee by the Promoter does not create
a binding obligation on the part of the Promoter until, firstly, the Allottee
signs and delivers this Agreement with all the schedules along with the
payments due as stipulated in the Payment Plan within 30 (thirty) days
from the date of receipt by the Allottee and secondly, appears for
registration of the same before the concerned Sub-Registrar Ghaziabad. If
the Allottee(s) fails to execute and deliver to the Promoter this Agreement
within 30 (thirty) days from the date of its receipt by the Allottee and/or
 appear before the Sub-Registrar for its registration, then the Promoter shall
serve a notice to the Allottee for rectifying the default, which if not
rectified within 30 (thirty) days from the date of its receipt by the Allottee,
application of the Allottee shall be treated as cancelled in terms of Clause
7.5.

21. ENTIRE AGREEMENT:

This Agreement, along with its schedules, constitutes the entire Agreement
between the Parties with respect to the subject matter hereof and
supersedes any and all understandings, any other agreements, allotment
letter, correspondences, arrangements whether written or oral, if any,
between the Parties in regard to the said apartment/plot/building, as the
case may be.

22. RIGHT TO AMEND

This Agreement shall only be amended in writing executed by both the
Parties. Unless any amendment is required pursuant to an Order of the
Court or direction of the Government, in which case the Promoter shall
have the right to amend the Terms of Agreement without executing the
same in writing.

23. PROVISIONS OF THIS AGREEMENT APPLICABLE ON

ALLOTTEE/ SUBSEQUENT ALLOTTEES:
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 Apartment and the Project shall equally be
applicable to and enforceable against, and by, the Allottee and any
subsequent Allottees of the Apartment in case of a transfer, as the said
obligations go along with the Apartment for all intents and purposes.
24. WAIVER NOT A LIMITATION TO ENFORCE:
24.1.The Promoter may, at its sole option and discretion, without prejudice to
its rights as set out in this Agreement, waive the breach by the Allottee in
not making payments as per the Payment Plan [SCHEDULE C] including
waiving the payment of interest for delayed payment. It is made clear and
so agreed by the Allottee that exercise of discretion by the Promoter in the
case of one Allottee shall not be construed to be a precedent and/or binding
on the Promoter to exercise such discretion in the case of other Allottees.
24.2.Failure on the part of the Parties to enforce at any time or for any period of
time the provisions hereof shall not be construed to be a waiver of any
provisions or of the right thereafter to enforce each and every provision.

25. SEVERABILITY:
If any provision of this Agreement shall be determined to be void or
unenforceable under the Act or the Rules and Regulations made there
under or under other Applicable Laws, such provisions of the Agreement
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 Act or the Rules and Regulations made there under or the Applicable
Laws. as the case maybe, and the remaining provisions of this Agreement
shall remain valid and enforceable as applicable at the time ofexecution of
this Agreement.

26. METHOD OF CALCULATION OF PROPORTIONATE SHARE

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

27. 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.

28. PLACE OF EXECUTION

The execution of this Agreement shall be complete only upon its execution
by the Promoter through its authorized signatory at the Promoter's Office,
or at some other place, which may be mutually agreed between the
Promoter and the Allottee, in Ghaziabad after the Agreement is duly
executed by the Allottee and the Promoter or simultaneously with the
execution the said Agreement shall be registered at the office of the Sub-
Registrar at Ghaziabad. Hence this Agreement shall be deemed to have
been executed at Ghaziabad.

29. NOTICES
29.1.Any notice, demand or other communication to be served under this
Agreement for sale may be served upon the Allottee or the Promoter by
registered post with acknowledgement due or Speed Post or courier service
or through email at the addresses provided below or at such other address
as may be notified in writing to the other party.
29.2.That all notices to be served on the Allottee and the Promoter as
contemplated by this Agreement shall be deemed to have been duly served
if sent to the Allottee or the Promoter by Registered Post at their respective
addresses specified below:
____________________ Name of Allottee
____________________ (Allottee Address)
____________________ (Allotee email)
M/s ____________________ Promoter name
____________________(Promoter Address)
____________________ (Promoter email)
It shall be the duty of the Allottee and the Promoter to inform each other
by a Registered A.D. letter or by electronic mail of any change in address,
email and phone no. subsequent to the execution of this Agreement,
failing which all communications and letters posted at the above address
shall be deemed to have been received by the Promoter or the Allottee, as
the case may be. All e-mails sent by the Allottee to the Promoter on any
matter, so as to be binding on the Promoter are required to be confirmed
by a duly signed hard copy, sent by registered post separately.

30. JOINT ALLOTTEES

That in case there are Joint Allottees all communications, demand notices,
etc. shall be sent by the Promoter to the Allottee 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 Allottees, and no separate
communication shall be sent to the other named Allottee(s).

31. SAVINGS:
Any application letter, allotment letter, agreement, or any other document
signed by the Allottee, in respect of the apartment, prior to the execution
 and registration of this Agreement for Sale for such apartment, shall not be
construed to limit the rights and interests of the Allottee under the
Agreement for Sale or under the Act or the Rules or the Regulations made
thereunder.
32. 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 there under including other Applicable
Laws of India for the time being in force.

33. 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 resolved through arbitration, which shall be the mode of resolution
of disputes, as aforesaid under the Arbitration and Conciliation Act, 1996
or any other statutory amendments, modifications, for the time being in
force. The arbitration proceedings shall be conducted by a Sole Arbitrator
who shall be appointed mutually by the Parties. Once a dispute is notified
by the aggrieved party, the Promoter shall forward a list of 5 (five)
independent and impartial arbitrators to the Allottee. The Allottee may
select any one of such arbitrator from the list sent by the Promoter to be
appointed as the Sole Arbitrator, within a period of 30 days from the
receipt of such communication. In the event of failure by the Allottee to
select the Sole Arbitrator within the stipulated time, the Allottee shall
forgo the right of selection, and the Promoter may select any one from the
list to be appointed as the Arbitrator. The seat of Arbitration shall be at
New Delhi. The Parties shall bear the Arbitration expenses equally. The
 Award passed by the Arbitrator shall be final and binding upon both the
Parties.

34. INDEPENDENT AREAS/LIMITED COMMON AREAS AND

FACILITIES
The Allottee hereby agrees and acknowledges that other than the land over
which the Project and Common Areas shall be constructed, the Allottee
shall not have any right, title and interest in any other component of
development i.e. the Independent Areas/Limited Common Area and
Facilities such as commercial, offices, retail spaces, club, restaurant, etc.,
and such spaces are outside the purview of the Project, and shall be
considered as ‘independent areas’ for the purposes of the Apartment Act.
The Allottee agrees that such Independent Areas may form part of the
common layout being sanctioned for the residential component of the
Project, however, notwithstanding anything, the Allottee shall not have any
rights/title and interest in such Independent Areas. The Promoter shall be
entitled to develop the Independent Areas and sell/transfer/assign/
encumber/lease the same in such manner as may be deemed fit by the
Promoter. No representation is being made by the Promoter to the Allottee
with respect to the development of Independent Areas. The Allottee is
fully satisfied and hereby acknowledges the contents of this clause.

35. INDEMNITY
The Allottee hereby expressly undertakes to indemnify and keep the
Promoter, and its respective officers/employees fully indemnified and
harmless from and against any actions, suits, claims, proceedings,
damages, liabilities, losses, decrees, orders, etc. suffered or incurred by
them arising out of, or due to, or in relation to, or caused by or attributable
 to or in consequence of any breach of any of the terms and conditions of
this Agreement for sale as also due to any of the Allottee’s representations
or warranties being found to be false or incorrect, or otherwise misleading
or misconceived at any point of time or otherwise due to any other act of
omission or commission on the part of the Allottee. It is agreed that the
Allottee shall be directly, absolutely and exclusively responsible for all
costs, expenses, fines, penalties, decrees, awards and the like due to the
failure to comply with the obligations stipulated herein or under
Applicable Laws.

36. TRANSFER OF ALLOTMENT BY THE ALLOTTEE

Transfer of allotment may be permissible subject to approval by Promoter
who may at its sole discretion permit the same on payment of transfer
charges as applicable from time to time and subject to Applicable Laws
and notifications/directions of any Authority subject to such terms and
conditions as the Promoter may impose. The Allottee(s) shall be solely
responsible and liable for all legal, monetary or any other consequences
that may arise from such nominations. Any such transfer or nomination
shall be subject to rectification of any breach of this Agreement for sale by
the Allottee, payment of all dues payable to the Promoter in terms hereof
until the date of transfer along with payment of Statutory Charges for the
transfer, as applicable, and execution of necessary documentation by the
Allottee. In case the Allottee has secured any finance/loan against the
Apartment from any financial institution/bank, a ‘No Objection Certificate’
of the financial institution/bank will be a prerequisite for such transfer.

37. DISCLAIMER FOR SHOW/SAMPLE APARTMENT

The Promoter may construct the Show/Sample Apartment in respect to the
said Project with following Disclaimers:
 1. Standard Fittings: The Allottee(s) agree/s and understand/s that all the
materials and fittings which are exhibited in the sample apartment
may vary as to its make, colour, shade, shape and appearance from the
ones provided in the actual apartment agreed to be constructed.
2. Interiors: The Allottee(s) agree/s and undertake/s that the Interiors,
furniture, kitchenette and fixtures in the sample apartment are
provided only to give a vision of a furnished Apartment as per the
advice of the interior designer. The layout of the show apartment may
have been changed at some places as per the advice of the interior
designer.
3. Dimensions: The Allottee(s) also agree/s and understand/s that the
dimensions and the area of the said Apartment, which is agreed to be
constructed, shall vary from the show apartment based on the floor,
block and location of the Apartment.

38. JURISDICTION
The Courts at Delhi shall, to the specific exclusion of all other courts, have
the jurisdiction in all matters arising out of or concerning this Agreement
for Sale, regardless of place of execution or subject matter of this
Agreement for Sale.

39. DECLARATION:
The Allottee has entered into this Agreement for Sale after being satisfied
with the Project. The Promoter has given access to the Allottee to all the
documents, including the Approvals, to satisfy the Allottee with respect to
the various queries made by the Allottee in relation to the Apartment and
the Project. The Allottee has have satisfied itself/themselves and has/have
understood the obligations and limitations in respect thereof. The Allottee
has conducted its own diligence and investigation in respect of the
 Apartment and the Project, and has inter-alia reviewed the information
pertaining to the Project available on the website of the Real Estate
Regulatory Authority and it is only after the conduct of its own due
diligence and investigation in respect of the Apartment and the Project,
that the Allottee is making this Agreement for sale.

IN WITNESS WHEREOF parties hereinabove named have set their respective

hands and signed this Agreement for Sale on __________________________
at _____________ in the presence of attesting witness, signing as such on the
day first above written.

SIGNED AND DELIVERED BY THE WITHIN NAMED:

Allottee: (including joint buyers)

(1) Signature ___________________ Please affix and

Name ______________________ sign across the
Address ____________________ photograph

(2) Signature ___________________ Please affix and

Name ______________________ sign across the
Address ____________________ photograph

SIGNED AND DELIVERED BY

Promoter: M/s. Agarwal Associates (Promoters) Ltd.
 (1) Signature (Authorized Signatory) Please affix and
___________________ sign across the
Name ______________________ photograph
Address ____________________

At ___________ on _______ in the presence of:

WITNESSES:

1. Signature
Name
Address
2. Signature
Name
Address

SCHEDULE 'A' - PLEASE INSERT DESCRIPTION OF THE

APARTMENT ALONG WITH BOUNDARIES IN ALL
FOUR DIRECTIONS
SCHEDULE 'B' - FLOOR PLAN OF THE APARTMENT
SCHEDULE 'C' - PAYMENT PLAN
SCHEDULE 'D' - SPECIFICATIONS, AMENITIES, FACILITIES
(WHICH ARE PART OF THE APARTMENT)
SCHEDULE 'E' - SPECIFICATIONS, AMENITIES, FACILITIES
(WHICH ARE PART OF THE PROJECT)
[The 'Schedules' to this Agreement for Sale shall be as agreed to between the
Parties and read as part and parcel of this Agreement]
SCHEDULE 'A' – DESCRIPTION OF THE APARTMENT ALONG
WITH BOUNDARIES IN ALL FOUR DIRECTIONS
SCHEDULE 'B' - FLOOR PLAN OF THE APARTMENT
SCHEDULE 'C' – PAYMENT PLAN
SCHEDULE 'D' – SPECIFICATIONS, AMENITIES, FACILITIES
(WHICH ARE PART OF THE APARTMENT)
AREA LOCATION DESCRIPTION
Structure Design Earthquake resistant framed structure as stipulated by IS Code for better safety
Building Design Based on Green Building Concept
External Finish Weather Proof Texture Paint/Texture/Cladding
Flooring
Living/Dining/Foyer Walls
Ceiling
Flooring
Master Bedroom Walls
Ceiling
Flooring
Other Bedrooms Walls
Ceiling
Flooring
Walls
Kitchen Ceiling
Counter
RCC SLAB WITH BRICK WORK
Fittings/Fixtures
Flooring
Walls
Ceiling
Toilets
Fixtures/Accessories
Sanitary/CP Fittings
Counter
Flooring
Walls
Balconies/Utility Area
Ceiling
Railing
Main door
Doors/Windows Internal doors
Windows Aluminium Windows with Clear Glass
Lift High Speed Elevator of Premium Brand
Lift Lobby & Common
Flooring Granite/ Marble Stone/ Vitrified Tiles
Passage
Walls Plastic Emulsion Paint/ Granite Wall Cladding
Flooring Marble Steps/Kota Stone
Walls Plastic Emulsion Paint/OBD
Staircase
Ceiling Plastic Emulsion Paint/OBD
Railing MS Railing with Synthetic Enamel Paint
Plumbing & Sanitary
CPVC & UPVC Fittings for Water Supply.
System
Fire Fighting & Life Safety As per NBC Norms
SCHEDULE 'E' – SPECIFICATIONS, AMENITIES, FACILITIES
(WHICH ARE PART OF THE PROJECT)
SL.
PARTICULARS
NO.
ENTRANCE / SECURITY SYSTEM
1 DOUBLE HEIGHT ENTRANCE LOBBY IN ALL TOWERS
2 GATED COMMUNITY
CLUB BUILDING
3 MULTIPURPOSE HALL
4 SWIMMING POOL WITH CHANGING ROOM
5 POOL DECK
FITNESS/ SPORTS FACILITIES
JOGGING TRACK, TENNIS COURT, HALF BASKETBALL
6
COURT
LANDSCAPE & OTHERS
7 LUSH GREEN CENTRAL OPEN SPACE
8 6 MTS. WIDE DRIVEWAY
9 TOWERS DROP-OFF
10 SAND PIT FOR KID'S PLAY AREA
11 KID'S PLAY AREA
12 AMPHITHEATRE AND CULTURAL ZONE
13 OUTDOOR GYM
14 BADMINTON COURT