Download Apartment Allotment Agreement - DLF

Please read carefully.................Important Instructions to the Intending Allottee(s)Any one desiring to purchase an apartment will be required to execute two (2) copies of theApartment Allotment Agreement for each apartment desired to be purchased. The ApartmentAllotment Agreement sets forth in detail the terms and conditions of sale with respect to theApartment(s) and should be read carefully by each Intending Allottee. Signed Apartment AllotmentAgreement will not be accepted from an Intending Allottee for fifteen (15) consecutive businessdays following the Intending Allottee's receipt of the copies of the Apartment Allotment Agreementalong with all its Annexures as attached therewith. The Company expects that during the timegiven, i.e. fifteen (15) consecutive business days from the receipt of the copies of the ApartmentAllotment Agreement, the Intending Allottee shall have read each and every clause of this Agreementcarefully, understood the legal implications thereof, understood the Intending Allottee's obligationsand liabilities and the Company's obligations and limitations as set forth in the Agreement.As the Agreement is a legal document, the Company advises the Intending Allottee to take adviceof competent legal counsel / advocates to interpret the provisions of the Apartment AllotmentAgreement. The Intending Allottee shall, thereafter, if he so decides to enter into the ApartmentAllotment Agreement, execute and deliver to the Company, within thirty (30) days from the date ofdispatch by registered post of Apartment Allotment Agreement by the Company, all two (2) copiesof the Apartment Allotment Agreement together with all annexures together with amounts dueand payable as set forth in the Payment Plan. If the Intending Allottee(s) fails to execute anddeliver to the Company the Apartment Allotment Agreement in its original form duly signed withinthirty (30) days from the date of dispatch by registered post of Apartment Allotment Agreement bythe Company, then the Application of the Intending Allottee shall be treated as cancelled and theearnest money paid by the Intending Allottee shall stand forfeited without any notice or remindersand the Intending Allottee(s) shall be left with no right whatsoever in the Apartment provisionallybooked by the Intending Allottee.The Apartment Allotment Agreement will not be binding on the Company until executed by theCompany through its authorized signatory after receiving the signed copy thereof from theIntending Allottee. The Company will have the option in its sole discretion to either accept or rejectthe signed Apartment Allotment Agreement within thirty (30) days after receiving the same fromthe Intending Allottee. If the Company decides to accept the Apartment Allotment Agreement, thena signed copy of the Apartment Allotment Agreement will be returned to the Intending Allottee forIntending Allottee's reference and record and original copy thereof shall be retained by theCompany. If the Apartment Allotment Agreement is not executed by the Company and a copy isnot dispatched by registered post to the Intending Allottee within thirty (30) days from the date ofits receipt from the Intending Allottee by the Company, then the Application and the ApartmentAllotment Agreement shall be deemed to have been rejected by the Company and all sums depositedby the Intending Allottee in connection therewith shall be refunded without any interest orcompensation whatsoever and the Intending Allottee(s) shall be left with no right whatsoever in theApartment provisionally booked by the Intending Allottee.The Company reserves the right to request identification, financial and other information as theCompany may so desire, concerning the Intending Allottee. The Company reserves the right toreject any Apartment Allotment Agreement executed by any Intending Allottee without any causeor explanation or without assigning any reasons therefor and to refuse to execute the ApartmentAllotment Agreement or Apartment Allotment Agreements as the case may be for one or moreApartments, to any person or entity and the decision of the Company shall be final and binding.X......................................................................... (Sole/First Applicant)1X............................................................................. (Second Applicant)

(7) 下限応募株式数SPC は、本買収に係る CDI 社との契約に定める下限株式数以上の応募があった場合に買付けを行います。(8) 本公開買付け及びトップ・アップ・オプションの行使 ( 必要な場合 )による CDI 社株式の保有割合の異動本公開買付け前の保有割合 0%本公開買付け及びトップ・アップ・オプションの行使 ( 必要な場合 ) 並びにウィスコンシン州法に基づく略式合併後の保有割合 100%2. CDI 社の概要(1) 会社名 Cellular Dynamics International, Inc.(セルラー・ダイナミクス・インターナショナル)(2) 設立 2004 年(3) 所在地米国ウィスコンシン州マディソン(4) Chairman and CEO Robert Palay(5) 売上 16.7 百万米ドル(2014 年度 )(6) 従業員数 155 名 (2014 年 12 月 31 日時点 )(7) 主な拠点ウィスコンシン州マディソン、カリフォルニア州ノバト3. 当社の業績への影響本買収が当社の 2016 年 3 月期の連結業績に与える影響については、詳細が確定次第、改めてお知らせいたします。4. 将来見通しに関する注意事項本開示は、当社及び CDI 社の見通し、目標、計画、戦略などの将来に関する記述が含まれております。これらの将来に関する記述は、当社または CDI 社が現在入手している情報に基づく判断及び仮定に基づいており、判断や仮定に内在する不確定性及び今後の事業運営や内外の状況変化等による変動可能性に照らし、将来における当社及び CDI 社の実際の業績又は展開と大きく異なる可能性があります。これらの将来に関する記述は、「考えます」、「期待します」、「見込みます」、「計画します」、「意図します」、「はずです」、「するつもりです」、「予測します」、「将来」、その他、これらと同様の表現、又は特に「戦略」、「目標」、「計画」、「意図」などに関する説明という形で示されています。多くの要因によって、本文書に述べられている「将来に関する記述」と大きく異なる実際の結果が、将来発生する可能性があります。かかる要因としては、(ⅰ) 両社が本買収の条件に関し一部あるいは完全に合意できないこと、(ⅱ) 本買収に必要な承認が得られないこと、(ⅲ) 本買収の完了に必要とされる規制上の条件又は他の条件が充足されないリスク、(ⅳ) 本買収の当事者に関連する法制度、会計基準等又はその他の経営環境の変化が及ぼす影響、(ⅴ) 事業戦略を実行する上での課題、(ⅵ) 金融の不安定性及び他の一般的経済状況又は業界状況の変化が及ぼす影響、及び(ⅶ)本買収の完了に関するその他のリスクが含まれますが、これらに限定されるものではありません。5. 追加情報本開示に記載されている本公開買付けはまだ開始されていません。本開示は情報を提供するためだけのものであり、CDI 社の普通株式の買付けの応募、又は売付けの募集を勧誘するものではありません。公開買付けは、当社が米国証券取引委員会 ( 以下「SEC」)に届け出るSchedule TOによる本公開買付説明書 ( 買収提案、送達状、その他の関連公開買付け文書を含む。)に基づいて実施されます。随時

(hereinafter referred to as 'the Allottee' which expression shall, unless repugnant to the context ormeaning thereof, include its successors and assigns) of the Other Part (copy of Board Resolution alongwith a certified copy of Memorandum & Articles of Association required) acting through its dulyauthorized signatory Shri /Smt.First Nameauthorized by Board resolution dated(** Strike off whichever is not applicable).Company's RepresentationsA. Whereas the Company is the owner of a land admeasuring 15 acres or thereabouts situated atPlot No. E/5, Action Area III, New Town, Rajarhat, Kolkata, West Bengal, location plan whereofis shown in Annexure I ("Said Land").B. And whereas the tentative master plan of the Said Land is given in Annexure IA of thisAgreement includes residential, retail, commercial, etc., to be built upon the Said Land.C. And whereas the Company has specifically made it clear that the Tentative Master Plan as ispresently annexed hereto as Annexure IA has already been approved by Newtown KolkataDevelopment Authority (NKDA) and any further changes/ directions/ conditions imposed byNKDA at any stage hereafter shall be binding on both the Allottee and the Company and theAllottee hereby agrees that it shall not be necessary on the part of the Company to seek consentof the Allottee for the purpose of making any changes in order to comply with such directions/conditions/ changes and the Master Plan as may be amended and approved from time to timeshall supersede the present Tentative Master Plan as given in Annexure IA hereto and shallautomatically form a part of this Agreement.D. And whereas the Company has further clarified to the Allottee that this Agreement is confinedand limited in its scope only to the sale of residential apartments in Tower AA and JJ in NewTown Heights, DLF Rajarhat being constructed in addition to the existing Towers A, B, C, D,E, F, G, H, J on the Said Portion of Land admeasuring 14.1 acres or thereabouts inaccordance with the building plan(s) already approved by NKDA. The area of the SaidM/M D/DMiddle Y/Y NameLast NamePortion of Land may stand modified in future to the extent required/desired pursuant/consequent to any directions/approvals by NKDA. The Company has also clarified to the Allotteethat the proposed tentative master plan as given in Annexure IA also comprises of areaadmeasuring 0.9 acres or thereabouts intended to be used for other purposes such as retail,etc. and which are in no way, save as otherwise stated herein, directly or indirectly connectedto this Agreement.E. And whereas the Company has explained to the Allottee that the purpose of description ofentire area given in Annexure-I is merely to acquaint the Allottee with the overall picture of thedevelopment that may take place, and that such tentative description of the overall developmentplan is not intended to convey to the Allottee any impression of any right, title or interest inany of the zones to be developed in or about the land(s) falling outside the Said Portion ofLand.Allottee's RepresentationsF. And whereas the Allottee has applied to the Company vide Application datedagreeing to the terms and conditions as set out therein for allotment of the Said Apartmentand for allotment of the Parking SpaceG. And whereas the Allottee has demanded from the Company and the Company has allowed theAllottee, an inspection of the Said Land, tentative Master Plan, tentative typical apartment plans,ownership record of the Said Land and all other documents relating to the title, competency andall other relevant details and the Allottee has confirmed that the Allottee is fully satisfied in allrespects with regard to the right, title, and interest of the Company in the Said Land on whichthe Said Complex/ Said Building is being constructed and has understood all the limitationsand obligations of the Company in respect thereof. The Allottee has agreed that there shall be nofurther investigations or objections by the Allottee in this regard and further that Allottee is fullysatisfied of the competency of the Company to enter into this Agreement.X......................................................................... (Sole/First Applicant)4X............................................................................. (Second Applicant)

super area of the Said Apartment. IBMS shall carry a simple yearly interest as per the applicablerates on fixed deposits accepted by State Bank of India at the close of each financial year on 31stMarch to be adjusted in the manner to be stated in the Agreement."Maintenance Agency" means the person(s) who shall carry out the maintenance and upkeep ofthe Said Complex and who shall be responsible for providing the maintenance services within theSaid Complex/ Said Building/ Said Apartment, which can be the Company or association ofapartment owners or such other agency/ body/ company to whom the Company may handoverthe maintenance of the Said Complex.Maintenance Agreement" means the maintenance agreement to be executed by the Allottee withthe Maintenance Agency which shall be substantially in the form annexed as Annexure VIII tothis Agreement."Maintenance Charges" means the maintenance charges payable by the Allottee to the MaintenanceAgency (in accordance with the demand raised by the maintenance agency for the maintenanceand upkeep of the Said Complex, including Common Areas and Facilities) but does not include;(a) the charges for actual consumption of utilities in the Said Apartment including electricity,water, which shall be charged based on actual consumption on monthly basis or such otherperiods as specified by the Maintenance Agency and (b) any statutory payments, Taxes etc. withregard to the Said Apartment/ Said Building/Said Complex. (The details of Maintenance Chargesshall be more elaborately described in the Maintenance Agreement.)"Non-Refundable Amounts" includes interest paid, due or payable, brokerage or incentive paid, if any."PLC" means charges for the preferential location of the Said Apartment payable/ as applicable tobe calculated on the per sq. ft./per sq. mtr. basis of super area of the Said Apartment, as mentionedin clause No. 1.6 of this Agreement."Parking Space(s)" means the basement /stilt /open parking space(s) allotted to the Allottee forhis exclusive use as specifically mentioned in clause 1.1 of this Agreement."Said Apartment" means the specific apartment allotted to the Allottee in the Said Building withinthe Said Complex along with the exclusive right to use the Parking Space(s), details of which aregiven in the table contained in clause 1.1, the tentative typical floor plan and parking plan of thesame in Annexure-VI tentative typical apartment plans of the same in Annexure IX and tentativespecifications in Annexure-V."Said Building" means the tower no. in the Said Complex in which the SaidApartment is located as stated in table contained in clause 1.1."Said Complex" means the complex being developed on the Said Portion of Land under the nameand style of "New Town Heights, DLF Rajarhat" as per the building plans as approved by thecompetent authority, comprising of residential apartments, building A, B, C, D, E, F, G, H, J, AAand JJ under construction/to be constructed, club house, etc."Said Land" means the land admeasuring 15 acres (approximately), situated at Plot No. E/5,Action Area III, New Town, Rajarhat, Kolkata, West Bengal, site plan whereof is shown in AnnexureI of this Agreement, on which the Said Complex and commercial plaza are being developed."Said Portion of Land" means the area of land admeasuring 14.1 acres (approximately) orthereabouts on which the residential units are being constructed."Super Area" shall have the meaning as ascribed to such expression in Annexure II."Taxes" shall mean any and all taxes paid or payable by the Company and /or its contractors(including sub-contractors) by way of value added tax, state sales tax, central sales tax, workscontract tax, workers welfare cess/ fund, service tax, cess, educational cess or any other taxes,charges, levies by whatever name called, in connection with the development/construction of theSaid Apartment/ Said Building/ Said Complex, now or in future."Total Price" means the amount amongst others, payable for the Said Apartment which includesbasic sale price and charges for Parking Space, PLC (if the Said Apartment is preferentially located),charges for FRC, calculated on per square metre / square feet basis of the super area of the SaidX......................................................................... (Sole/First Applicant)7X............................................................................. (Second Applicant)

Apartment and but does not include other amounts, charges, security amount etc., which arepayable as and when demanded by the Company in accordance with the terms of this Application/Agreement, including but not limited toi) Charges for additional parking space(s), if any, allotted to the Applicant.ii)Club membership fees and club charges, as applicableiii) IBMSiv) Electrical Energy Installation Chargesv) The cost for electric and water meter as well as charges for water and electricity connectionand consumptionvi) Installation Charges for Reticulated Gas Connectionvii) Maintenance charges as applicableviii)Additional PLC and any increase in FRC, on the Said Apartmentix) Stamp duty, registration and incidental charges as well as expenses for execution of theAgreement and conveyance deed etc. which shall be borne and paid by the Applicantx) Municipal tax, Property tax, Wealth tax as applicablexi) Any other government rates and taxes on land, fees or levies of all and any kinds by whatevername called on the Said Complexxii) EDC and any increase in EDCxiii) Any other charges that may be payable by the Allottee as per the other terms of theApplication and such other charges as may be demanded by the Company.which amounts shall be payable by the Applicant in accordance with the terms and conditions ofthe Application / Agreement and as per the demand raised by the Company from time to timeInterpretationUnless the context otherwise requires in this Agreement:a. the use of words importing the singular shall include plural and masculine shall includefeminine gender and vice versa;b. reference to any law shall include such law as from time to time enacted, amended,supplemented or re-enacted;c. reference to the words "include" or "including" shall be construed without limitation;d. reference to this Agreement, or any other agreement, deed or other instrument or documentshall be construed as a reference to this Agreement or such agreement, deed or otherinstrument or document as the same may from time to time be amended, varied,supplemented or novated.1.1 In accordance with and subject to the terms and conditions set out in this Agreement,mutually agreed upon by and between the parties, the Company hereby agrees to selland the Allottee hereby agrees to purchase the Said Apartment having Super Area ofapproximately sq. Mtr. ( sq. Ft.) which includesan Apartment Area of approximately sq.Mtr (sq. Ft.) as detailed below:Tower No./ Super Area Rate (Rs. per Preferential Location Floor Rise TotalApartment No./ Sq.Mtr./Sq. Ft. Sq. Mtr./ Sq. Ft) Charges Charges PriceType (Approx.) of Super Area (wherever (wherever (Rs.)(Rs.) applicable) applicable)(Rs.)(Rs.)X......................................................................... (Sole/First Applicant)8X............................................................................. (Second Applicant)

and also includes undivided proportionate share/ interest in the Foot Print of the SaidBuilding, though not included in the computation of Super Area in which the SaidApartment is located, calculated in the ratio which the Super Area of the Said Apartmentbears to the total super area of all the apartments in the Said Building.Parking Space(s):Car parking space no.at its sole discretion @ Rs.Additional:(a) Stilt car parking space nos.(b) Open car parking space nos.in the basement/stilt, as allotted by the Company@ Rs.@ Rs.1.2 The Total Price is escalation-free, save and except increases which the Allottee hereby agreesto pay i.e. increases due to increase in Super Area as explained in Clause 1.9, increase inEDC/ IDC, increase in IBMS, increases on account of additional fire safety measuresundertaken (as explained in Clause 1.15) increases in all types of securities to be paid bythe Allottee, deposits and charges and all other increases in cost/charges, specifically providedfor in this Agreement and / or any other increase in charges which may be levied orimposed by the Government / statutory authorities from time to time or as stated in thisAgreement.1.3 The Allottee shall make the payment of the Total Price as per the payment plan set out inAnnexure III to this Agreement and other charges, securities, deposits etc. as specified inthis Agreement. Taxes and increase thereof as provided in clause 1.10 shall be payable bythe Allottee as and when demanded by the Company.1.4 The Company may allow, in its sole discretion, a rebate for early payments of instalmentspayable by the Allottee by discounting such early payments @ 11% per annum for theperiod by which the respective instalment has been preponed. The provision for allowingrebate and such rate of rebate shall be subject to revision/ withdrawal, without any notice,at the sole discretion of the Company.1.5 The Allottee may apply for additional parking in addition to the Parking Space(s) and thesame may be provided by the Company subject to the availability on the then prevailingrates in which case Allottee agrees to pay charges for any additional parking space(s) (otherthan the Parking Space(s)).1.6 The Allottee hereby agrees that a sum of Rs. (Rupees.) calculated @ Rs. per sq.Mtr. / Rs. per sq. Ft. of the Super Area is as, mentioned in Clause 1.1.towards PLC to be paid in the manner and within the time as stated in the schedule ofpayments given in Annexure-III.1.7 The Allottee agrees that in case due to any change in the lay-out plan/ building plan ofthe Said Building/ Said Complex or due to any reason whatsoever:a) the Said Apartment ceases to be preferentially located, then only the amount of PLC,paid by the Allottee shall be refunded without any interest thereon and such refundshall be made / adjusted in the last installment as stated in the schedule of paymentsgiven in Annexure III; orb) the Said Apartment becomes additionally preferentially located, the Allottee shall payAdditional PLC to the Company, as applicable and in the manner as demanded byCompany and/or;c) the Said Apartment becomes preferentially located, (if the Said Apartment was notpreferentially located at the time of signing of this Agreement), the Allottee shall payPLC to Company, as applicable and as and when demanded by the Company.X......................................................................... (Sole/First Applicant)9X............................................................................. (Second Applicant)

The Allottee understands that in case of change in the location of the Said Apartment dueto change in the layout plan/ building plan of the Said Building/Said Complex or otherwise,the Allottee shall have no other right or claim except as mentioned hereinabove.The Allottee hereby agrees that a sum of Rs.(Rupeesonly) is towards the Floor Rise Charges as mentioned inclause 1.1, which shall be payable by the Allottee in the manner and within the timestipulated in the schedule of payment given in Annexure III. If no amount is mentioned asFloor Rise Charges in clause 1.1 but due to any change in the layout plan/building planor as mentioned in clause 9.1, the Said Apartment shifts to a higher floor, then the Allotteeshall be liable to pay applicable Floor Rise Charges. In the event the Floor Rise Charges arereduced or become inapplicable, the Company shall refund the amount of Floor Rise Chargeswithout any interest.Any such refund of Preferential Location Charges and/or the Floor Rise Charges shall bemade/adjusted by the Company in the last instalment as stated in the schedule of paymentsgiven in Annexure - III.1.8 The Allottee hereby agrees that if due to any change in the layout/ building plans(s) asmentioned in clause 9.1, the Said Apartment becomes additionally preferentially located,then the Allottee agrees to pay the Additional PLC to the Company as applicable, to bepaid in the manner as demanded by the Company.1.9 The Allottee agrees that the Total Price of the Said Apartment is calculated on the basis ofits Super Area only as mentioned in clause 1.1, except the Parking Space(s) which arebased on fixed valuation and that the Super Area of the Said Apartment as stated in theAgreement is tentative. The final Super Area of the Said Apartment shall be confirmed bythe Company only after the construction of the Said Apartment is completed and theoccupation certificate is granted by the competent authority(ies). Total Price payable for theSaid Apartment shall be recalculated and upon confirmation by the Company, and anyincrease or decrease in the Super Area of the Said Apartment shall be payable by orrefundable to the Allottee, as the case may be without any interest at the same per sq. mtr.(per sq. ft.) rate as in clause 1.1 mentioned above without any kind of rebates allowed. Ifthere shall be an increase in Super Area, the Allottee agrees and undertakes to pay for theincrease in Super Area immediately on demand by the Company and if there shall be areduction in the Super Area, then the refundable amount due to the Allottee shall beadjusted by the Company from the final installment (as set forth in the schedule of paymentsin Annexure III).For the avoidance of any doubt, it is clarified that the Total Price of the Said Apartment isbased only on the Super Area and the Super Area, Apartment Area and the percentage ofthe Apartment Area to the Super Area is tentative and subject to change. The Allotteeaffirms that the Allottee shall have no right to raise any kind of objection/ dispute/ claimat any time with respect to the basis of charging the Total Price or any change in thepercentage of the Apartment Area to the Super Area as mentioned in Annexure II.1.10 The Allottee agrees and understands that in addition to Total Price, the Allottee shall beliable to pay all Taxes, which shall be charged and paid as follows:a) A sum equivalent to the proportionate share of Taxes shall be paid by the Allottee tothe Company. The proportionate share shall be the ratio of the Super Area of the SaidApartment to the total super area of all the apartment buildings, apartments, club,convenient shopping and other buildings to be constructed in the Said Complex.b) The Company shall periodically intimate to the Allottee herein, on the basis of certificatesfrom a Chartered Engineer and/or a Chartered Accountant, the amount payable asstated above which shall be final and binding on the Allottee and the Allottee shallmake payment of such amount within 30 (thirty) days of such intimation.1.11 The Allottee agrees that any payment towards EDC levied/leviable by the Government ofWest Bengal or any other competent authority(ies) shall be paid by the Allottee and anyX......................................................................... (Sole/First Applicant)10X............................................................................. (Second Applicant)

further increase in EDC by whatever name called or in whatever form and with all suchconditions imposed, by the Government and/or any competent authority(ies) shall also bepaid by the Allottee. The pro-rata demand made by the Company to the Allottee with regardto EDC/ increase in EDC shall be final and binding on the Allottee. If the EDC/ increasedEDC is not paid, then same shall be treated as non-payment of the charges as per theApplication/Agreement and the Company shall be entitled to cancel the Agreement andforfeit the Earnest Money along with the Non Refundable Amounts. If the EDC/ increasedEDC is levied (including with retrospective effect) after the Conveyance Deed has beenexecuted then the same shall be treated as unpaid sale price of the Said Apartment/ ParkingSpace(s) and in case the Conveyance Deed has been executed, the Company shall have thefirst charge and lien over the Said Apartment/ Parking Space(s) till such unpaid chargesare paid by the Allottee.1.12 Subject to the terms and conditions of this Agreement and upon execution of ConveyanceDeed the Allottee shall have the following rights with regard to the Said Apartment:i) Ownership of the Apartment Area.ii)Undivided proportionate interest in the Foot Print (excluding the basement reserved forcar parking and services) calculated in the ratio of Super Area of the Said Apartment tothe total super area of all apartments in the Said Building (although the Allottee shallnot be making any additional payment towards the land/ Foot Print).iii) Exclusive right to use the Parking Space(s) (without any ownership right) for parking ofvehicles only and for no other use whatsoever (as listed in Part D of Annexure IV). TheAllottee hereby acknowledges that the Said Apartment along with Parking Space(s) willbe treated as a single indivisible unit for all purposes including the Act and, as such,cannot be transferred separately. The Allottee agrees that the Allottee shall not have anyclaim, right or interest whatsoever in respect of any other parking space(s) save andexcept the Parking Space(s). The Company shall have sole right to deal with or disposeof other parking space(s) in the Said Complex in the manner in which the Companymay deem fit.iv) Undivided proportionate interest in and right to use the Common Areas and Facilitieswithin the Said Complex only. Since the interest of Allottee in the Common Areas andFacilities (as listed in Part A and Part B of Annexure IV of the Agreement) is undividedand cannot be separated, subject to timely payment of Maintenance Charges, theAllottee shall use the Common Areas and Facilities harmoniously along with otherapartment owners, maintenance staff etc., without causing any inconvenience orhindrance/annoyance to them.It is understood by the Allottee that the Company may for the purpose of complyingwith the provisions of the Act or any other applicable laws, substitute the method ofcalculating the proportionate share in the ownership of the Foot Print of the Said Buildingand / or Common Areas and Facilities as may be described by the Company in its solediscretion in any declaration by calculating the same in the ratio of the Allottee'sapartment value to the total value of the Said Building(s)/ project / scheme, as the casemay be, and that the Allottee shall not have a right to raise any objections in thisregard.v) Right to only use the general common areas and facilities within the Said Complexlimited to and precisely listed in Part C of Annexure IV of this Agreement, which maybe within or outside the Foot Print earmarked by the Company as commonly usedareas by all allottees of all the apartment buildings constructed on the Said Portion ofLand. The identification by the Company of such areas shall be final and binding onthe allottees. However, such general commonly used areas and facilities earmarked forcommon use of all the allottees shall not include the exclusive reserved car parkingspaces/stilts and in basements individually allotted to the allottees of the residential /commercial spaces and other buildings for their exclusive use. The Allottee acknowledgesthat these general common areas and facilities have not been included in the computationof Super Area of the Said Apartment.X......................................................................... (Sole/First Applicant)11X............................................................................. (Second Applicant)

vi) Conditional right of usage of the exclusive club subject to fulfillment of the terms andconditions.1.13 It is specifically made clear by the Company and understood by the Allottee that all otherareas and facilities (not included in Part-A and Part-B of Annexure IV) or any other facilityor amenity as may be provided by the Company at its sole discretion or provided inaccordance with the direction of any competent authority(ies) and including but not limitedto shops, facilities, amenities if provided at the Company's sole option and discretion in thestilts of the Said Building, are specifically excluded from the scope of this Agreement.1.14 The Allottee agrees that the Parking Space(s) allotted to the Allottee for the exclusive use ofthe Allottee is inseparable and an integral part of the Said Apartment. The Allottee undertakesto park the vehicles in the Parking Space(s) allotted to Allottee and not anywhere else inthe Said Complex. It is specifically clarified and the Allottee acknowledges that the serviceareas, if any, provided anywhere in the Said Complex shall be kept reserved for services,use by maintenance staff etc. and such areas shall not be used by the Allottee for parkingAllottee's vehicles. The Allottee agrees that all such parking spaces allotted to the occupantsof the building(s)/ Said Complex shall not form part of the Common Areas and Facilities ofthe Said Apartment/ Said Building constructed on the said site for the purpose of thedeclaration to be filed by the Company under the Act. The Allottee agrees and confirmsthat the Parking Space(s) allotted to the Allottee shall automatically be cancelled in theevent of cancellation, surrender, relinquishment, resumption, re-possession etc. of the SaidApartment under any of the provisions of this Agreement. A tentative parking plan is givenin Annexure-VI. All clauses of this Agreement pertaining to use, possession, cancellationetc. apply mutatis mutandis to the Parking Space(s), wherever applicable.1.15 The Total Price of the Said Apartment includes the cost of providing electric wiring, firedetection and fire fighting equipment in the common areas within the Said Building/ SaidComplex as prescribed in the Fire Fighting Code/ Regulations under National BuildingCode 1983, Amendment No. 3 of January 1997. The Total Price does not include the costof electric fittings, fixtures, electric and water meter in the Said Apartment etc. which shallbe got installed by the Allottee at the Allottee's own cost. If due to any change or enactmentof any legislation, laws, by-laws or Govt. orders, directives, guidelines or change/amendmentsin Fire Code including the National Building Code, any additional fire safety measures arerequired or in the sole opinion of the Company or any of its nominee, additional fire safetymeasures are required and undertaken, then the Allottee undertakes to pay within thirty(30) days from the date of written demand by the Company, the additional expenditureincurred thereon in proportion to the Super Area of the Said Apartment to the total superarea of all the apartments in the Said Building/ Said Complex as determined by the Companyand such demand raised by the Company shall be final and binding upon the Allottee.2. Payment for taxes on land, wealth-tax, cesses by AllotteeThe Allottee agrees and undertakes to pay all Government rates, tax on land, municipaltax, property taxes, wealth tax, Taxes, buildings or other worker construction fund fees orlevies of all and any kind by whatever name called, whether levied or leviable now or infuture by the Government, municipal authority or any other governmental authority on theSaid Complex / Said Building/ Said Apartment and/or the Said Land as the case may beas in case assessable or applicable from the date of the Application and the same shall bepaid on pro-rata basis and the determination of proportionate share by the Company, anddemand thereof shall be final and binding on the Allottee. However, if the Said Apartmentis assessed separately the Allottee shall pay directly to the competent authority.3. Amount paid by Allottee with ApplicationThe Allottee has paid a sum of Rs.(Rupeesonly) being part payment towards the Total Price at the time ofApplication, the receipt of which the Company hereby acknowledges and the Allottee shalland hereby agrees to pay the remaining price of the Said Apartment as prescribed in scheduleof payments (Annexure-III) attached with this Agreement along with all other charges, Taxes,securities etc. as may be demanded by the Company within the time and in the mannerspecified therein.X......................................................................... (Sole/First Applicant)12X............................................................................. (Second Applicant)

4. Earnest MoneyThe Allottee has entered into this Agreement on the condition that out of the amount(s)paid/ payable for the Said Apartment and the Parking Space(s) allotted to Allottee, theCompany shall treat the entire application money amounting to Rs.(Rupees only) as Earnest Money to ensurefulfillment, by the Allottee, of the terms and conditions as contained in the Application andthis Agreement. In case the Allottee fails to perform any obligations or commits breach ofany of the terms and conditions mentioned in the Application and/or this Agreementincluding but not limited to the occurrence of any event of default as stated in clause 12 ofthis Agreement, then the Allottee agrees that the Company shall have the right to forfeitwithout any notice to the Allottee, the Earnest Money together with any interest paid (incase of longer payment plan), due or payable along with amounts of non-refundable natureincluding brokerage and incentives paid by the Company to the broker. If the amount paidby the Allottee is less than the forfeitable amount, then the Allottee undertakes to makegood the shortfall of the forfeitable amount.5. Mode of PaymentThe Allottee shall make all payments within the stipulated time as mentioned in the scheduleof payments as given in Annexure-III annexed to this Agreement and other sums payableunder this Agreement as may be demanded by the Company from time to time and withoutany reminders from the Company through A/c Payee Cheque(s) / Demand Draft(s) in favourof 'DLF Ltd.".6. Compliance of Laws relating to remittancesThe Allottee, if resident outside India, shall solely be responsible for complying with thenecessary formalities as laid down in Foreign Exchange Management Act, 1999, ReserveBank of India Act and Rules 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 Companywith such permissions, approvals which would enable the Company to fulfill the Company'sobligations under this Agreement. Any refund, transfer of security, if provided in terms ofthe Agreement shall be made in accordance with the provisions of Foreign ExchangeManagement Act, 1999 or statutory enactments or amendments thereof and the Rules andRegulations of the Reserve Bank of India or any other applicable law. The Allotteeunderstands and agrees that in the event of any failure on the Allottee's part to complywith the applicable guidelines issued by the Reserve Bank of India, the Allottee alone shallbe liable for any action under the Foreign Exchange Management Act, 1999 as amendedfrom time to time. The Company accepts no responsibility in this regard. The Allottee shallkeep the Company fully indemnified and harmless in this regard. Whenever there is anychange 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 theCompany immediately and comply with necessary formalities if any under the applicablelaws. The Company 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 theApplication/allotment of the Said Apartment in any way and the Company shall issue thepayment receipts in favour of the Allottee only.7. Adjustment/Appropriation of PaymentsThe Allottee authorizes the Company to adjust/appropriate all payments made by the Allotteeunder any head(s) of dues against outstanding, if any, in the Allottee's name as the Companymay in its sole discretion deem fit and the Allottee shall not have a right to / undertakesnot to object / demand / direct the Company to adjust his payments in any mannerotherwise than as decided by the Company in its sole discretion.8. Time is the EssenceTime is the essence with respect to payment of the Total Price by the Allottee in accordancewith the schedule of payments as given in Annexure III along with other charges includingbut not limited to the applicable stamp duty, registration fee, IBMS, Electrical EnergyX......................................................................... (Sole/First Applicant)13X............................................................................. (Second Applicant)

Installation Charges, Club and other charges, deposits stipulated under this Agreement to bepaid on or before due date or as and when demanded by the Company, as the case may be,and also to perform /observe all the other obligations of the Allottee under this Agreement. Itis agreed by the Allottee that it shall not be obligatory on the part of the Company to senddemand notices / reminders regarding the payments to be made by the Allottee as perschedule of payments (Annexure-III) or other obligations to be performed by Allottee.9.1 Construction of the Said Building/Said Apartment/Said ComplexThe Apartment Allottee has seen and accepted the Location Plan (as given in Annexure I),Tentative Master Plan (as given in Annexure IA), Payment Plan (as given in Annexure-III),Specifications (as given in Annexure-V), Tentative Typical Floor Plan & Parking Plan (asgiven in Annexure-VI) and Tentative Typical Apartment Plans (as given in Annexure IX).The Company may in its sole discretion or as may be directed by any competent authority(ies) or due to Force Majeure conditions carry out, such additions, alterations, deletionsand/ or modifications in the apartment floor plans, building floor plans, specifications, heightof the Said Building, number of floors etc., including but not limited to change in theposition of the Said Apartment, change in the number of Said Apartment, change in thearea and/ or change in the dimension of the Said Apartment at any time thereafter till thegrant of occupation certificate. The Allottee understands that the Company is fully entitledto increase the number of floors in the Said Building and/or the height of the Said Buildingand the Allottee shall have no right to object to the same. In such case the Company may,in its sole discretion, give option to the Allottee to move to a higher floor and on receipt ofconsent from the Allottee, the Company may permit the same at its sole discretion and onpayment of the Floor Rise Charges. Accordingly, the Application and this Agreement shallstand modified to that effect. The Allottee shall not claim any reduction in the Total Price ofthe Said Apartment due to any increase in the number of floors in the Said Building. Theissuance of the occupation certificate shall be the conclusive evidence that the constructionof the Said Complex and the Said Building/ Said Apartment is fully complete in accordancewith the plans and specifications as annexed to this Agreement as Annexure 1A, V, VI, andIX or any modifications thereof.9.2 Alteration/ ModificationIn case of any alteration/modifications resulting in equal to or more than +/-10% changein the Super Area of the Said Apartment or material/substantial change, in the sole opinionof and as determined by the Company, in the specifications of the materials to be used inthe Said Building/ Said Apartment any time prior to and upon the grant of occupationcertificate, the Company shall intimate the Allottee in writing the changes thereof and theresultant change, if any, in the Total Price of the Said Apartment to be paid by the Allotteeand the Allottee agrees to deliver to the Company the Allottee's written consent or objectionsto the changes within thirty (30) days from the date of dispatch by the Company of suchnotice failing which the Allottee shall be deemed to have given Allottee's full andunconditional consent to all such alterations/modifications and for payments, if any to bepaid in consequence thereof. If the written objection of Allottee indicating the Allottee's nonconsent/objectionsto such alterations/modifications is received by the Company withinthirty (30) days of intimation in writing by the Company indicating Allottee's non-consent/objections to such alterations/ modifications, then in such case alone the Company may atits sole discretion decide to cancel this Agreement without further notice and in such eventthe Company shall refund the entire money received from the Allottee with interest @ 9%per annum within ninety (90) days from the date of intimation received by the Companyfrom the Allottee and upon dispatch of such refund by registered post, the Company shallbe released and discharged from all of the Company's obligations and liabilities under thisAgreement and the Allottee shall have no right or claim of any nature whatsoever on theSaid Apartment and the Company shall be free to resell or deal with the Said Apartmentand the Parking Space(s) in any manner whatsoever at the Company's sole discretion. TheCompany shall have no other liability except to refund the amount as stated above.The Allottee agrees and understands that in case the Company is able to get additional FloorArea Ratio (FAR) sanctioned, the Company shall have the sole right to utilize the additionalX......................................................................... (Sole/First Applicant)14X............................................................................. (Second Applicant)

FAR in the manner it may deem fit including but not limited to, by making addition to theSaid Building or making additional buildings in and around the land of the Said Complexand the Company shall be entitled to get the electric, water, sanitary and drainage systems ofthe additional construction thereof connected with the already existing electric, water, sanitaryand drainage systems in the Said Complex. The Allottee acknowledges that the Allottee hasnot made any payment towards the additional FAR and shall have no right to object to anyof such construction activities carried on, on the Said Building/ Said Complex.10.1 Schedule for Possession of the Said ApartmentThe Company, based on its present plans and estimates, contemplates to offer possessionof the Said Apartment to the Allottee within a period of two (02) years from the date ofbooking of Said Apartment, unless there shall be delay or failure due to Force Majeureconditions and reasons mentioned in clauses 11.1, 11.2, 11.3 and 11.5 or due to failure ofAllottee(s) to pay in time the Total Price and other charges and dues/payments mentionedin this Agreement or any failure on the part of the Allottee(s) to abide by all or any of theterms or conditions of this Agreement.10.2 Procedure for taking possessionThe Company shall offer in writing the possession of the Said Apartment to the Allotteeaccording to the terms of this Agreement (the "Notice of Possession"), to be taken over within30 days from the date of issue of such notice and the Company shall give possession of theSaid Apartment to the Allottee provided the Allottee is not in default of any of the termsand conditions of this Agreement and has complied with all provisions, formalities,documentation, etc. as may be prescribed by the Company in this regard.The Allottee shall be liable to pay the Maintenance Charges on and from the date on whichthe actual physical possession is taken, or on the expiry of thirty (30) days from the date ofissuance of the Notice of Possession, whichever is earlier.10.3 Failure of Allottee to take PossessionUpon receiving a written intimation from the Company in terms of Clause 10.2 above, theAllottee shall within the time stipulated by the Company take possession of the SaidApartment from the Company by executing necessary indemnities, undertakings and suchother documentation as the Company may prescribe and by making all the payments tothe Company of all charges/dues as specified in this Agreement, and the Company shallthereafter give possession of the Said Apartment to the Allottee provided the Allottee is notin breach of any terms and conditions of this Agreement. If the Allottee fails to takepossession of the Said Apartment as aforesaid within the time limit prescribed by theCompany in the Notice of Possession due to any reasons whatsoever including breach ofany terms of this Agreement by the Allottee, then the Said Apartment shall lie at the riskand cost of the Allottee and the Company shall have no liability or concern thereof. Furtherit is agreed by the Allottee that in the event of the Allottee's failure to take possession ofthe Said Apartment in the manner as aforesaid, the Company shall have the option tocancel this Agreement and avail the remedies in law as stipulated in Clause 12 of thisAgreement or the Company may, without prejudice to its rights under any of the clauses ofthis Agreement and at its sole discretion, decide to condone the delay by the Allottee intaking possession of the Said Apartment in the manner as stated in this clause on thecondition that the Allottee shall be liable to pay to the Company, liquidated damages @Rs.53.82 per Sq. Mtr. (Rs.5/- per Sq. Ft.) of the Super Area per month for any delay of fullone month or any part thereof in taking possession of the Said Apartment for the entireperiod of delay. The Allottee acknowledges that the liquidated damages stipulated aboveare justified and reasonable which the Company will suffer on account of delay in takingpossession of the Said Apartment by the Allottee. Further the Allottee agrees that in theevent of the Allottee's failure to take possession of the Said Apartment within the timestipulated by the Company in its notice, the Allottee shall have no right or claim in respectof any item of work in the Said Apartment which he/she may allege not to have beencarried out or completed or in respect of any design specifications, building materials orany other reason whatsoever and that the Allottee's shall be deemed to have been fullyX......................................................................... (Sole/First Applicant)15X............................................................................. (Second Applicant)

satisfied in all respects concerning construction and all other work relating to the SaidApartment/ Said Building/ Said Complex. On such condonation and after receiving entireamount of liquidated damages together with all other amounts due and payable under thisAgreement (along with due interest, if any, thereon) the Company shall hand over thepossession of the Said Apartment to the Allottee. For the avoidance of any doubt, it isclarified that these liquidated damages are in addition to Maintenance Charges or any othercharges as provided in this Agreement.11.1 Delay due to reasons beyond the control of the CompanyIf, however, the completion of the Said Building is delayed due to Force Majeure conditions,the Allottee agrees that the Company shall be entitled to the extension of time for deliveryof possession of the Said Apartment. The Company as a result of such a contingency arisingreserves the right to alter or vary the terms and conditions of this Agreement or if thecircumstances so warrant, the Company may also suspend the construction and developmentfor such period as it may consider expedient and the Allottee agrees not to claimcompensation of any nature whatsoever (including the compensation stipulated in clause11.4 of this Agreement) during the period of such suspension.The Allottee agrees and confirms that in the event of the Company's abandoning theconstruction and development of the Said Complex due to any Force Majeure conditions thisAgreement shall stand terminated as if it has been terminated with mutual consent, thensubject to the Allottee not being in default of any of the terms of this Agreement, the Companyshall refund by registered post, the amounts attributable to the Said Apartment (afterdeducting interest on delayed payments, and interest paid, due or payable) that have beenreceived from the Allottee by the Company without any interest or compensation of whatsoevernature and upon dispatch of such refund by registered post, the Allottee agrees that theAllottee shall not have any rights, claims etc. against the Company and that the Companyshall be released and discharged from all its obligations and liabilities under this Agreement.11.2 Failure to deliver possession due to Government Rules, Orders, Notifications etc.If the Company is unable to construct/continue or complete the construction of the SaidBuilding/Said Complex due to conditions which have arisen because of any governmental/regulatory authority's action, inaction or omission then Company may in its sole discretionchallenge the same by moving the appropriate Courts, Tribunal(s) and/or Authority. Insuch a situation, the amount(s) paid by the Allottee in pursuance of this Agreement, shallcontinue to remain with the Company and the Allottee shall not have a right to terminatethis Agreement and ask for refund of the Allottee's money and this Agreement shall remainin abeyance till final determination by the Court(s)/Tribunal(s)/Authority(ies). However theAllottee may, if so desires, become a party along with the Company in such litigation toprotect Allottee's rights arising under this Agreement. In the event of the Companysucceeding in its challenge to the impugned legislation or rule, regulation, order ornotification as the case may be, it is hereby agreed that this Agreement shall stand revivedand the Allottee shall be liable to fulfill all obligations as provided in this Agreement. It isfurther agreed that in the event of the aforesaid challenge of the Company becomes final,absolute and binding, the Company will, subject to provisions of law/court order, refundwithin reasonable period in such manner as may be decided by the Company, afterdeducting interest on delayed payments and interest paid, due or payable, any amount ofnon refundable nature and the Company's decision in this regard shall be final and binding.Save as otherwise provided herein, the Allottee shall be left with no other right or claim ofwhatsoever nature against the Company under or in relation to this Agreement.11.3 Failure to deliver possession by the Company: Remedy to AllotteeIf for any reasons other than those given in clauses 11.1, 11.2 supra and clause 39, theCompany shall be unable to or fails to deliver possession of the Said Apartment to theAllottee within two (02) years from the date of booking of Said Apartment, or within anyextended period or periods as envisaged under this Agreement, then in such case, theAllottee shall be entitled to give notice to the Company, within ninety (90) days from theexpiry of said period of two (02) years or such extended periods, as the case may be, forX......................................................................... (Sole/First Applicant)16X............................................................................. (Second Applicant)

terminating this Agreement. In that event the Company shall be at liberty to sell and/ordispose of the Said Apartment and the Parking Space(s) to any other party at such priceand upon such terms and conditions as the Company may deem fit and thereafter theCompany shall within ninety (90) days from the date of full realization of the sale priceafter sale of Said Apartment and the Parking Space(s), refund to the Allottee, without anyinterest, the amounts paid by the Allottee towards Said Apartment and the Parking Space(s)without deduction of Earnest Money. For the avoidance of doubt, it is stated that the Allotteeshall have no other right or claim against the Company in respect of the Said Apartmentand Parking Space(s). If the Allottee fails to exercise the Allottee's right of termination withinthe time limit as aforestated, by delivery to the Company of a written notice acknowledgedby the Company in this regard, then the Allottee's right to terminate this Agreement shallstand waived off and the Allottee shall continue to be bound by the provisions of thisAgreement.11.4 Failure to deliver possession: Remedy to the CompanyThe Allottee agrees that if the construction and development of the Said Complex isabandoned or the Company is unable to give possession for reasons other than mentionedin clauses 11.1, 11.2, 11.3 and clause 39 within two (02) years from the date of booking ofSaid Apartment or such extended periods as permitted under this Agreement, the Companymay terminate this Agreement whereupon the Company's liability shall be limited to therefund of the amounts paid by the Allottee with simple interest @ 9% per annum for theperiod such amounts were lying with the Company and the Company shall not be liable topay any other compensation whatsoever.However, the Company may choose not to terminate this Agreement in which event theCompany agrees to pay only to the Allottee(s) and not to any one else and only in casesother than those provided in clauses 11.1, 11.2, 11.3 and clause 39 and subject to theAllottee not being in default under any term of this Agreement, compensation @ Rs.53.82per Sq. Mtr (Rs.5/- per Sq. Ft.) of the Super Area of the Said Apartment per month for theperiod of such delay beyond two (02) years or such extended periods as permitted underthis Agreement. The adjustment of such compensation shall be done only at the time ofconveyancing the Said Apartment to the Allottee first named in this Agreement and notearlier.11.5 AbandonmentThe Allottee agrees and understands that the Company may abandon the project dueto any reasons whatsoever, without giving any reasons and if the Company abandons theproject then this Agreement shall stand terminated and the Allottee shall be entitled torefund of the amount along with 7% interest per annum for the period the amount hasbeen laying with the Company and the Company shall not be liable to pay any othercompensation whatsoever.12. Events of Defaults and ConsequencesThe Allottee agrees that all defaults, breaches and/or non compliance of any of the termsand conditions of this Agreement shall be deemed to be events of defaults liable forconsequences stipulated herein. Some of the indicative events of defaults are mentionedbelow which are merely illustrative and are not exhaustive.i) Failure to make payments within the time as stipulated in the schedule of payments asgiven in Annexure III and failure to pay the stamp duty, legal, registration, any incidentalcharges, any increases in security including but not limited to IBMS, Electrical EnergyInstallation Charges, Club charges, etc. as demanded by the Company including anyother charges, Taxes etc. as may be notified by the Company to the Allottee under theterms of this Agreement, and all other defaults of similar nature.ii)Failure to execute any other deed/ document/ undertakings/ indemnities etc, or toperform any other obligation, if any, set forth in any other agreement with the Companyin relation to the Said Apartment.X......................................................................... (Sole/First Applicant)17X............................................................................. (Second Applicant)

iii) Failure to take possession of the Said Apartment within the time stipulated by theCompany in its notice.iv) Failure to execute the Conveyance Deed within the time stipulated by the Company inits notice.v) Failure, pursuant to a request by the Company, in terms of clause 28 of this Agreement,to become a member of the association of apartment owners of the Said Building/SaidComplex or to pay subscription charges etc. as may be required by the Company orassociation of apartment owners, as the case may be.vi) Assignment of this Agreement or any interest of the Allottee in this Agreement withoutprior written consent of the Company.vii) Dishonour of any cheque(s) given by Allottee for any reason whatsoever.viii)Sale/ transfer/ disposal of/ dealing with, in any manner the Parking Space(s) independentof the Said Apartment or usage of the Parking Space(s) other than for parking theAllottee's vehicle.ix) Any other acts, deeds or things which the Allottee may commit, omit or fail to performin terms of this Agreement, any other undertaking, affidavit/agreement/indemnity etc.or as demanded by the Company which in the opinion of the Company amounts to anevent of default and the Allottee agrees and confirms that the decision of the Companyin this regard shall be final and binding on the Allottee.Unless otherwise provided in this Agreement, upon the occurrence of any one or more ofevent(s) of default under this Agreement including but not limited to those specified above,the Company may, terminate this Agreement after giving thirty (30) days written notice tothe Allottee specifying the breach therein and requiring the Allottee to remedy or curesuch breach and the failure of the Allottee to remedy the breach within the stipulatedperiod of thirty (30) days. The Allottee agrees that if the default/breach is not rectifiedwithin such thirty (30) days, this Agreement shall stand terminated without any furthernotice or intimation and the Company shall have the right to retain, as and for liquidateddamages, the entire Earnest Money along with the interest on delayed payments, anyinterest paid, due or payable, and Non Refundable Amounts. The Allottee acknowledgesthat upon such termination of this Agreement, the Allottee shall have no right or intereston the Said Apartment and the Company shall be discharged of all liabilities andobligations under this Agreement and the Company shall have the right to sell or dealwith the Said Apartment and the Parking Space(s) in the manner in which it deems fit asif this Agreement had never been executed and without accounting to the Allottee for anyof the proceeds of such sale. In the event of the Company electing to terminate thisAgreement, any amount which is found to be refundable to the Allottee over and abovethe amounts retained as and for liquidated damages, such as the Earnest Money, intereston delayed payments, any interest paid, due or payable, any Non Refundable Amounts,if any, paid, etc. the same shall be refunded by the Company only after realizing suchrefundable amount on further sale/resale to any other party and shall be refunded withoutany interest or termination of whatsoever nature and upon such cancellation and refundby the Company by registered post, the Allottee shall be left with no right, title, interest,claim or lien under this Agreement over the Said Apartment and the Parking Space(s) inany manner whatsoever. For the avoidance of any doubt, unless repugnant to the context,the remedy provided herein is in addition to and not in derogation to the remedy(ies)provided elsewhere in this Agreement.13. Conveyance of the Said ApartmentThe Allottee agrees that the Company shall execute a Conveyance Deed on or after thecompletion of the Said Apartment in favour of the Allottee, provided the Allottee has paidthe Total Price and other charges/payment and all deposits/securities mentioned in theX......................................................................... (Sole/First Applicant)18X............................................................................. (Second Applicant)

Agreement and the Allottee is not in breach of any of the terms of this Agreement. TheAllottee shall be liable to pay all fees, duties, expenses, cost etc., including stamp duty,registration charges, transfer duty, corporation tax and all other incidental and legalexpenses for the execution and registration of the Conveyance Deed of the Said Apartment.The Allottee agrees to pay such amounts/charges as and when demanded by the Companywithin the stipulated period as mentioned in the demand letter. In case the Allottee fails topay such amounts/charges within the period mentioned in the demand letter, the Companyshall have the right to cancel the allotment and forfeit the Earnest Money, deduct the Non-Refundable Amounts and refund the balance amount to the Allottee without any interest,only upon realization of money from re-sale /re-allotment of the Said Apartment to anyother Person. The Allottee shall be solely responsible and liable for compliance of theprovisions of Indian Stamp Act, 1899 and Registration Act, as amended up to date, includingany actions taken or deficiencies / penalties imposed by competent authorities.14.1 Maintenance of the Said Building/Said Complex/Said ApartmentIn order to provide necessary maintenance services, upon the completion of the Said Building/Said Complex, the maintenance of the Said Building/Said Complex may be handed over tothe association of allottees or such other agency/body/ company/ association of condominiumas the Company may deem fit, hereinafter referred to as the "Maintenance Agency". The Allotteeagrees to execute the draft maintenance agreement annexed hereto as Annexure VIII with theCompany/ Maintenance Agency, as the case may be, for the maintenance and upkeep of theSaid Land/ Said Building/ Said Complex. The Allottee undertakes to abide by the terms andconditions of the maintenance agreement and to pay promptly all the Maintenance Chargesand other demands, bills, charges as may be raised by the Maintenance Agency from time totime. The Company reserves the right to change, modify, amend, and impose additionalconditions in the draft maintenance agreement at the time of its final execution. The Allotteeshall be liable to pay the Maintenance Charges on and from the date on which the actualphysical possession of the Said Apartment is taken, or on the expiry of thirty (30) days fromthe date of issuance of the Notice of Possession, whichever is earlier.It is clarified that the provisions of the environmental and other clearances and approvalsgranted to the Company for construction of this project will be strictly adhered to by theAllottee by taking special care, inter alia, of those components of the Common Areas andFacilities (like rainwater harvesting system, solid waste management system, etc).It is further clarified that the Company may at its sole discretion hand over the maintenanceof the Said Building/Said Complex to any body/association of apartment owners of theSaid Building/Said Complex including but not limited to any body/association ofcondominium or the Said Complex, as the case may be, at any time before/after theconstruction of the Said Building/Said Complex is complete either for each building or forthe entire Complex and the Allottee specifically confirms his consent to the same. Thepayment of Maintenance Charges will be applicable whether or not possession is taken bythe Allottee.14.2 Interest Bearing Maintenance Security (IBMS)In order to secure adequate provision of the maintenance services and due performance ofthe Allottee in paying promptly the Maintenance Charges and other bills as raised by theMaintenance Agency, the Allottee agrees to deposit, as per the schedule of payment givenin Annexure III and to always keep deposited with the Company/Maintenance Agency, aninterest bearing maintenance security deposit calculated at the rate of Rs.538.20 per sq.Mtr (Rs.50/- per Sq. Ft.) of the Super Area of the Said Apartment carrying simple yearlyinterest as per the applicable bank rates on fixed deposits (applicable to one year fixed deposit)accepted by State Bank of India at the close of each financial year on 31st March, calculatedfrom the date of realization of the amount by the Company. In case of failure of the Allotteeto pay the Maintenance Charges and other bills on or before the due date, the Allottee inaddition to permitting the Company to deny the Allottee the right to avail any maintenanceservices also authorizes the Company to adjust in the first instance, the interest accrued onthe IBMS deposit against such defaults in the payment of maintenance bills and in caseX......................................................................... (Sole/First Applicant)19X............................................................................. (Second Applicant)

such accrued interest falls short of the amount of default, the Allottee further authorizes theCompany to adjust principal amount of the IBMS deposit against such defaults. If due tosuch adjustment in the principal amount, the IBMS falls below the agreed sum of Rs.538.20per sq. Mt (Rs.50/- per Sq. Ft. of the Super Area of the Said Apartment, then, the Allotteehereby undertakes to make good the resultant shortfall within fifteen (15) days of demand bythe Company. The Company reserves the right to increase the IBMS from time to time inkeeping with the increase in the cost of maintenance services and the Allottee agrees to paysuch increases within fifteen (15) days of demand by the Company. If the Allottee fails to paysuch increase in the IBMS or to make good the shortfall as aforesaid on or before its duedate, then the Allottee authorizes the Company to treat this Agreement as cancelled withoutany notice to the Allottee and to recover the shortfall from the sale proceeds of the SaidApartment and the Parking Space(s) and to refund to the Allottee the balance of the moneyrealized from such sale after deducting therefrom the entire Earnest Money, interest on delayedpayments, any interest paid, due or payable, Non Refundable Amounts and all other duesas set out in this Agreement. It is made specifically clear and it is so agreed by and betweenthe parties hereto that this part of the Agreement relating to IBMS as stipulated in thisclause shall survive the conveyance of title in favour of the Allottee and the Company /theMaintenance Agency shall have first charge/lien on the Said Apartment in respect of anysuch non-payment of shortfall/ increases as the case may be.The Company shall at its sole discretion have the right to refund/offer to refund at its soleoption in full and final settlement of the IBMS, after adjusting therefrom any outstandingmaintenance bills and / or other outgoings of the Allottee at any time including uponexecution of the Conveyance Deed and thereupon the Company shall stand completelyabsolved / discharged of all its obligations and responsibilities concerning IBMS, includingbut not limited to issues of repayment, refund and / or claims, if any, of the Allottee onaccount of the same. In the alternative, the Company shall have the sole right to transfer tothe Maintenance Agency, IBMS of the Allottee, after adjusting therefrom any outstandingmaintenance bills and/or other outgoings of the Allottee at any time including upon executionof the Conveyance Deed and thereupon the Company shall stand completely absolved/discharged of all its obligations and responsibilities concerning IBMS including but notlimited to issues of repayment, refund and/or claims, if any, of the Allottee on account ofthe same and all clauses dealing/concerning IBMS of this Agreement and the ConveyanceDeed as far as they are applicable to the Company shall cease to be valid and effective. It ishereby specifically agreed to by the Allottee that such transfer of IBMS shall not be linkedin any manner whatsoever to the implementation of the West Bengal Apartment OwnershipAct, 1972 by the Company for the Said Complex. The Maintenance Agency upon transferof IBMS or in case fresh IBMS is sought from the Allottee(s) shall have the sole right tomodify/ revise all or any of the terms of the IBMS, including but not limited to the amount/rate of IBMS, etc.The Allottee has specifically agreed with the Company that the allotment of the SaidApartment shall be subject to strict compliance of a code of conduct that may be determinedby the Company/association of allottees for occupation and use of the Said Apartment andsuch other conditions as the Company/association of allottees may deem fit from time totime which may include but is not limited to usage of the Said Apartment, operation hoursof various maintenance services, general compliances for occupants of the Said Apartment,regulation as to entry/exit of the visitors, invitees, guests, security, interiors/fit outs, etc. Itis abundantly clarified that the code of conduct as may be specified by the Company/association of allottees is always subject to change by the Company/ association of allottees.14.3 Fixation of total Maintenance ChargesThe total Maintenance Charges will be fixed by the Company /Maintenance Agency on anestimated basis of the maintenance costs to be incurred for the forthcoming financial yearfor maintaining Common Areas and Facilities. The Maintenance Charges shall be leviedfrom the date of expiry of thirty (30) days from the date of issue of the Notice of Possessionor from the date of delivery of possession of the Said Apartment to the Allottee, whicheveris earlier, and the Allottee undertakes to pay the same promptly. It is agreed by the AllotteeX......................................................................... (Sole/First Applicant)20X............................................................................. (Second Applicant)

that the payment of Maintenance Charges will be applicable whether or not the possessionis taken by the Allottee. The Maintenance Charges shall be recovered on such estimatedbasis on monthly/quarterly intervals as may be decided by the Company /MaintenanceAgency and adjusted against the actual audited expenses as determined at the end of thefinancial year and any surplus/deficit thereof shall be carried forward and adjusted in themaintenance bills of the subsequent financial year. The estimates of the Company /Maintenance Agency shall be final and binding on the Allottee. The Allottee agrees andundertakes to pay the maintenance bills on or before due date as intimated by the Company/Maintenance Agency.14.4.1 Electrical Energy Installation ChargesInstallation costs, deposits and other charges paid by the Company to West Bengal StateElectricity Distribution Company Limited (WBSEDCL) /New Town Electric Supply CompanyLimited (NTESCL) towards obtaining, installing power and for providing electricity to theapartments and the common areas, shall be borne and payable by the Allottee in theproportion that the Super Area of the Said Apartment bears to the total super area of allthe apartments in the Said Building/Said Complex. The Company shall be entitled to recoversuch installation costs, deposits and other charges from the Allottee. The exact amountrecoverable from the Allottee shall be intimated in due course before handing over possessionof the Apartment.The Allottee will be provided power as indicated herein below, with 80% Load Factor andoverall diversity of 70%:3 Bed Room with Servant's Quarter : 7 KVA4 Bed Room with Servant's Quarter : 10 KVAPenthouse : 12 KVADuplex : 13 KVAThe Allottee will be required to pay deposits for individual electric meters allotted to theAllottee by the WBSEDCL /NTESCL. Extra power beyond the prescribed limit will be providedup to 20% of the indicated supply and will be charged as applicable before handing overpossession of the Said Apartment. However this extra power shall be provided only if theAllottee gives written intimation to the Company about the Allottee's extra requirements, ifany, within three (3) months of signing the Agreement.In case, WBSEDCL /NTESCL fails to provide individual meter to the Allottee and makesprovision for a bulk supply, the Company shall provide individual sub-meters to the Allotteeupon payment of the cost of the sub-meters, the proportionate security deposit and allother charges payable to the WBSEDCL /NTESCL for such connection. The exact amountrecoverable from the Allottee will be intimated in due course before handing over possessionof the Said Apartment. This security deposit would be subject to revision and replenishmentand the Allottee shall at all times be liable to proportionately pay such revision andreplenishment to the WBSEDCL /NTESCL as per the norms of the WBSEDCL /NTESCL. Insuch cases the Allottee may be required to enter into a separate agreement for supply ofelectricity through sub-meters.14.4.2 Diesel Generator BackupEach apartment, along with the common areas, will be provided with power back upto 7KVA for 3 Bed Room with Servant's Quarter, 10 KVA for 4 Bed Room with Servant's Quarter,12 KVA for Penthouse and 13 KVA for Duplex with 80% load factor and overall diversity of70%. Power back up for the extra electricity supplied will be charged extra as applicableand indicated in Clause 14.4 above.14.5 Payment for replacement, upgradation, additions of Lifts, DG Sets, Electric Sub-stations,Pumps, Fire Fighting Equipment and other Capital Plants/ Equipments.As and when any plant & machinery within the Said Complex/Said Building, as the casemay be, including but not limited to lifts, DG sets, electric sub-stations (to be used commonlyX......................................................................... (Sole/First Applicant)21X............................................................................. (Second Applicant)

y both residential and commercial areas), pumps, fire fighting equipment, any other plant/equipment of capital nature etc. require replacement, upgradation, additions etc. the costthereof shall be contributed by all the Allottees in the Said Building/Said Complex, as thecase may be on pro-rata basis (as specified in clause 38 of this Agreement). The MaintenanceAgency shall have the sole authority to decide the necessity of such replacement,upgradation, additions etc. including its timings or cost thereof and the Allottee agrees toabide by the same.14.6 Right of Allottee to use Common Areas and Facilities subject to payment of totalMaintenance Charges.The Allottee hereby agrees to purchase the Said Apartment on the specific understandingthat the Allottee's right to the use of Common Areas and Facilities as listed in Part A, PartB and Part C of Annexure IV and right to exclusive use of the Parking Space(s) as listed inPart D of Annexure IV shall be subject to timely payment of total Maintenance Charges asbilled by the Company /Maintenance Agency and performance by the Allottee of all of theAllottee's obligations under this Agreement.14.7 Right to enter the Said Apartment for repairs.In addition to the Company's and the Maintenance Agency's rights of unrestricted usage ofall Common Areas and Facilities and the Parking Space(s) for providing necessaryMaintenance Services, the Allottee agrees to permit the Company or the Maintenance Agencyto enter into the Said Apartment or any part thereof, after due notice and during the normalworking hours, unless the circumstances warrant otherwise, with a view to set right anydefect. Any refusal of the Allottee to give such right to entry will be deemed to be a violationof this Agreement and the Company/Maintenance Agency shall be entitled to take suchactions as it may deem fit.14.8 Insurance of the Said BuildingThe structure of the Said Building may be got insured against fire, earthquake, riots andcivil commotion, militant action etc. by the Company or the Maintenance Agency on behalfof the Allottee and the cost thereof shall be payable by the Allottee as the part of themaintenance bill raised by the Company /Maintenance Agency but contents inside eachapartment shall be insured by the Allottee at the Allottee's own cost. The Allottee shall notdo or permit to be done any act or thing which may render void or voidable insurance ofany apartment or any part of the Said Building or cause increased premium to be payablein respect thereof for which the Allottee shall be solely responsible and liable.14.9 Club Facility(i) In addition to the Total Price, the Allottee shall pay an amount of Rs. 60,000/- (Rupeessixty thousand only) towards the club facility to be provided in Said Complex.The Allottee shall be required to pay the above amount towards the club membership feeas and when demanded by the Company/agency. The Allottee understands that the abovecharges are subject to revision at the sole discretion of the Company or the agency managingthe club and the Allottee undertakes to abide by the same. In addition to the above, theAllottee shall be liable to pay usage charges in accordance with the usages and servicesavailed by the Allottee and the Allottee shall be required to sign and execute necessarydocuments for the membership of the club which shall contain the detailed terms andconditions of membership of the club and the Allottee shall be bound by the same.14.10 Reticulated Gas ConnectionThe Company may provide a network of reticulated gas connection to ensure uninterruptedcooking gas supply through a specially installed network of pipes to each apartment in theSaid Complex connected to the gas bank/gas tank in New Town Heights, DLF Rajarhat.The entire network shall be set as per fire safety guidelines applicable from time to time.The Allottee undertakes to pay to the Company the applicable installation charges, asdemanded by the Company, towards making provision of the system and for providing themetering devices, within fifteen (15) days of such demand.X......................................................................... (Sole/First Applicant)22X............................................................................. (Second Applicant)

The gas will be supplied by the authorized gas supplier/vendor directly and the Companywill not be responsible in any manner whatsoever for supply of such gas and for maintenancethereof.The Allottee agrees to pay the monthly maintenance charges for gas connection in the SaidApartment directly to the relevant authorized gas supplier/vendor. The cost/charges towardsrefilling of the gas bank/gas tank will be charged to the Company /Maintenance Agency,which will be recovered from the Allottee alongwith the Maintenance Charges.15. Use of basement and service areasThe basement(s) and service areas, if any, as may be located within the Said Building/SaidComplex, as the case may be, shall be earmarked by the Company to house parking spacesand services including but not limited to electric sub-station (to be used commonly by bothresidential and commercial areas), transformer, DG set rooms, underground water tanks,pump rooms, maintenance and service rooms, fire fighting pumps and equipments etc. andother permitted uses as per building plans. The Allottee shall not be permitted to use theservice areas in the basements in any manner whatsoever and the same shall be reserved foruse by the Company or the Maintenance Agency and its employees for rendering maintenanceservices. Any violation of this condition shall be a breach of this Agreement by the Allottee.16. Use of the Said ApartmentThe Allottee shall not use the Said Apartment for any purpose other than for residentialuse or use the same in a manner that may cause nuisance or annoyance to occupants ofother apartments in the Said Building/Said Complex or for any commercial or illegal orimmoral purpose or to do or suffer anything to be done in or around the Said Apartmentwhich tends to cause damage to any flooring or celling or services of any apartment over,below, adjacent to the Said Apartment or anywhere in the Said Complex or in any mannerinterfere with the use thereof or of spaces, passages, corridors or amenities available forcommon use. The Allottee hereby agrees to indemnify the Company against any action,damages or loss due to misuse for which the Allottee/ occupant shall be solely responsible.17. Use of terracesThe Company alone shall have the roof right and reserves the right to give on lease or hireany part of the top roof/ terraces above the top floor, unless otherwise reserved specifically,of any of the buildings in the Said Complex for installation and operation of antenna, satellitedishes, communication towers, other communication equipment or to use/hire/lease thesame for advertisement purposes and the Allottee agrees that the Allottee shall not objectto the same and make any claims on this account.18. General compliance with respect to the Said ApartmentThe Allottee shall, after the expiry of period as stipulated in clause 10.2 be solely responsibleto maintain the Said Apartment at the Allottee's own cost, in a good repair and conditionand shall not do or suffer to be done anything in or to the Said Building, or the SaidApartment, or the staircases, lifts, common passages, corridors, circulation areas, atrium orthe compound which may be in violation of any laws or rules of any authority or causedetriment to occupants of the Said Building/Said Complex or change or alter or makeadditions to the Said Apartment and keep the Said Apartment, its walls and partitions,sewers, drains, pipes and appurtenances thereto or belonging thereto, in good and tenantablerepair and maintain the same in a fit and proper condition and ensure that the support,shelter etc. of the Said Building is not in any way damaged or jeopardized. The Allotteefurther undertakes, assures and guarantees that the Allottee would not put any sign-board/ name-plate, neon-light, publicity material or advertisement material etc. on the face /facade of the Said Building or anywhere on the exterior of the Said Building or commonareas. The Allottees shall also not change the colour scheme of the outer walls or painting ofthe exterior side of the doors and windows etc. or carry out any change in the exteriorelevation or design. The Allottee shall not cover any of the balconies, terraces, etc. in anymanner whatsoever. Further the Allottee shall not store any hazardous or combustible goodsin the Said Apartment or place any heavy material in the common passages or staircase ofX......................................................................... (Sole/First Applicant)23X............................................................................. (Second Applicant)

the Said Building. The Allottee shall also not remove any wall, including the outer and loadbearing wall of the Said Apartment, The Allottee shall plan and distribute the Allottee'selectrical load in conformity with the electrical systems installed by the Company. The nonobservanceof the provisions of this clause shall entitle the Company or the MaintenanceAgency, to enter the Said Apartment, if necessary and remove all non-conforming fittingsand fixtures at the cost and expense of the Allottee. The Allottee shall be responsible forany loss or damages arising out of breach of any of the aforesaid conditions.19. Compliance of Laws, Notifications etc. by AllotteeThe Allottee is entering into this Agreement for the allotment of a residential apartmentwith the full knowledge of all laws, rules, regulations, notifications applicable to residentialprojects in general and the Said Complex in particular. The Allottee hereby undertakesthat the Allottee shall comply with and carry out, from time to time after the Allottee hastaken over the possession of the Said Apartment all the requirements, requisitions, demandsand repairs which are required by any development authority /municipal authority /Government or any other competent authority in respect of the Said Apartment / Buildingat the Allottee's own cost and keep the Company indemnified, secured and harmless againstall costs, consequence and all damages, arising on account of non-compliance with thesaid requirements, requisitions, demands and repairs.20. Alterations of unsold unitsThe Company shall have the right, without any approval from the Allottee in the SaidBuilding to make any alterations, additions, improvements or repairs whether structural ornon-structural, interior or exterior, ordinary or extra ordinary in relation to any unsoldapartment(s) within the Said Building and the Allottee agrees not to raise objections ormake any claims on this account.21. Shops, Commercial Premises / Building, etc.The Allottee agrees that the Allottee shall have no right, title or interest in any form ormanner in the land earmarked for as well as in the shops, commercial premises, communitycentre, the buildings constructed on the Said Land and facilities provided therein. Furtherthe Allottee hereby agrees that the Allottee shall not have any claim or right to anycommercial premises/ buildings or interfere in the matter of construction, booking, allotmentand finalization of sale/lease of shops, commercial premises/ buildings, etc.The Allottee hereby undertakes not to raise any objection in case power supply, utilitiesand other services are provided to the commercial premises / tennis court through theSaid Complex. Consumption of such electricity, other utilities and services shall however bepaid for by the respective consumers at actual. In such circumstances, the Allottee alsoundertakes to allow necessary operation and maintenance to be carried out in such commonareas, even if the same is situated anywhere within the Said Building / Said Complex.22. Right of the Company to make additional constructionsThe Allottee agrees and acknowledges that the Company shall have the right to makeadditions to or put up additional structures in/upon the Said Building or additionalapartment buildings) and/or structures anywhere in the Said Complex/Said Portion of Landas may be permitted by the competent authorities and such additional apartmentbuilding(s)/structures shall be the sole property of the Company which the Company willbe entitled to deal with in its discretion without any interference on the part of theAllottee(s). The Allottee agrees that the Company, at its cost, shall be entitled to connect theelectric, water, sanitary and drainage fittings on the additional structures/stories with theexisting electric, water, sanitary and drainage sources. The Allottee further agrees andundertakes that he/she, after taking possession of the Said Apartment or at any timethereafter, shall have no right to object to the Company constructing or continuing with theconstruction of the other building(s)/blocks outside/adjacent to the Said Building or insidethe Said Complex/Said Land or claim any compensation or withhold the payment ofmaintenance and other charges, as and when demanded by the Company, on the groundthat the infrastructure required for the Said Complex is not yet complete. Any violation ofX......................................................................... (Sole/First Applicant)24X............................................................................. (Second Applicant)

this condition shall entitle the Company to seek remedies provided under this Agreementin cases of breach, non-payment, defaults etc.23. Company's right to raise financeThe Company shall have the right to raise finance/loan from any financial institution/ bankby way of mortgage/charge/securitization of receivables or in any other mode or mannerby charge/mortgage of the Said Apartment/Said Building/Said Complex/ Said Portion ofLand subject to the condition that the Said Apartment shall be free from all encumbrancesat the time of execution of Conveyance Deed. The Company/financial institution/bank, asthe case may be, shall always have the first lien / charge on the Said Apartment for alltheir dues and other sums payable by the Allottee or in respect of any loan granted to theCompany for the purpose of the construction of the Said Building/Said Complex.24. This Agreement subordinate to mortgage by the CompanyThe Allottee agrees that no lien or encumbrance shall arise against the Said Apartment asa result of this Agreement or any money deposited hereunder by the Allottee. In furtheranceand not in derogation of the provisions of the preceding sentence, the Allottee agrees thatthe provisions of this Agreement are and shall continue to be subject and subordinate tothe lien of any mortgage heretofore or hereafter made/created by the Company and anypayments or expenses already made or incurred or which hereafter may be made or incurredpursuant to the terms thereof or incidental thereto or to protect the security thereof to thefullest extent and such mortgage(s) or encumbrances shall not constitute an objection tothe title of the Said Apartment or excuse the Allottee from completing the payment of theTotal Price of the Said Apartment or performing all the Allottee's other obligations hereunderor be the basis of any claim against or liability of the Company provided that at the time ofthe execution of the Conveyance Deed, the Said Apartment shall be free and clear of allencumbrances, lien and charges whatsoever. In case of the Allottee who have opted for longterm payment plan arrangement with any financial institutions/banks the conveyance ofthe Said Apartment in favour of the Allottee, shall be executed only on the Company receivingno objection certificate from such financial institution/banks.25. Company's charge on the Said ApartmentThe Allottee agrees that the Company shall have the first charge/lien on the Said Apartmentfor the recovery of all its dues payable by the Allottee under this Agreement and suchother payments as may be demanded by the Company from time to time. Further theAllottee agrees that in the event of the Allottee's failure to pay such dues as aforestated, theCompany will be entitled to enforce the charge/lien by selling the Said Apartment to recoverand receive the outstanding dues out of the sale proceeds thereof.26. Purchase not dependent on financing contingencyThe Allottee may obtain finance from any financial institution/bank or any other sourcebut the Allottees obligation to purchase the Said Apartment pursuant to this Agreementshall not be contingent on the Allottee's ability or competency to obtain such financing andthe Allottee will remain bound under this Agreement whether or not he/she has been ableto obtain financing for the purchase of the Said Apartment.27. Acta. The Allottee acknowledges and confirms that the Allottee has read and understood theAct and the implications thereof in relation to the various provisions of this Agreementand the Allottee is in full agreement with the provisions of this Agreement in relation tothe Act and shall comply and shall be bound by the provisions of the Act, as and whenapplicable and from time to time or any statutory amendments or modifications thereofor the provisions of any other law (s) dealing with the matter.b. The Allottee undertakes to do all acts, things, deeds including present himself as maybe required for the execution and registration of any deed in respect of the SaidApartment as the Company so desire to comply with the provisions of the Act.X......................................................................... (Sole/First Applicant)25X............................................................................. (Second Applicant)

c. The Allottee undertakes to join any association formed under relevant provisions of theAct and pay any fees, charges thereof and complete such documentation and formalitiesas may be deemed necessary by the Company for this purpose. The Allottee alsoundertakes to join the master association if and when formed by the Company or itsnominee(s) for a part or whole of the Said Land .The draft application form for becominga member of the association of the apartment owners is given in Annexure VII to thisAgreement.28. Association of Apartment OwnersThe Allottee agrees and undertakes that he/she shall join any association/ society ofapartment owners as may be formed by the Company on behalf of apartment owners andto pay any fees, subscription charges thereof and to complete such documentation andformalities as may be deemed necessary by the Company for this purpose. An applicationform for enrolling the Allottee as a member of such association is attached as Annexure VIIand the Allottee agrees to execute the same.29. Binding EffectThis Agreement shall become binding on the Company only after the execution of thisAgreement by the Company's authorized signatory and dispatch of counter part of theAgreement to the Allottee within thirty (30) days after the receipt of signed Agreement withall the annexures along with the payments due as stipulated in the schedule of paymentsin Annexure III from the Allottee within thirty (30) days from the date of its first dispatchby the Company to the Allottee. If the Allottee(s) fails to execute and deliver to the Companythis Agreement within thirty (30) days from the date of its first dispatch by the Company,then the Application of the Allottee shall be treated as cancelled and the Earnest Moneypaid by the Allottee shall stand forfeited30. Assignability of agreementIt is specifically clarified by the Company that this Agreement is not assignable and theAllottee has no right whatsoever to assign, transfer, nominate or convey this Agreement inany manner without prior written consent of the Company, which consent may be given ordenied by the Company in its sole discretion and shall always be subject to applicablelaws and notifications or any directions of the government in force and shall also be subjectto the terms, conditions and charges as the Company may impose from time to time in thisregard. The Allottee shall pay to the Company a nomination fee/transfer fees and otherapplicable charges (such as documentation charges) and shall be solely responsible andliable for all legal, monetary or any other consequences that may arise from such nomination/assignment/transfer/conveyance, if so permitted by the Company at its sole discretion. Inthe event of refusal or denial by the Company for giving permission to the Allottee forassignment, transfer, conveyance or nomination of the Said Apartment, the Allottee shallhave no right to raise any dispute or claim in any manner at any time. For the avoidanceof doubt, it is clarified that if the Allottee is a partnership firm, then any change in theconstitution of the Allottee, and if the Allottee is a company, then any change in theshareholding of the Allottee, shall be deemed to be assignment of this Agreement.31. Entire AgreementThis Agreement along with its annexures and the terms and conditions contained in theApplication constitutes the entire agreement between the parties with respect to the subjectmatter hereof and supersedes any and all understandings, any other agreements,correspondences, arrangements whether written or oral, if any, between the parties hereto.The terms and conditions of the Application shall continue to prevail and be binding onthe Allottee save and except in cases where the terms and conditions of the Application areat variance with the terms and conditions of this Agreement in which case the terms andconditions of this Agreement shall prevail and shall supersede those terms and conditionscontained in the Application. This Agreement or any provision hereof cannot be changed,terminated or waived orally. Any changes or additional provisions must be set forth inwriting in a separate agreement duly signed by and between the parties.X......................................................................... (Sole/First Applicant)26X............................................................................. (Second Applicant)

32. Right to amend AnnexuresThe Company further reserves the right to correct, modify, amend or change the annexuresattached to this Agreement and also annexures which are indicated to be tentative at anytime prior to the execution of the Conveyance Deed of the Said Apartment.33. Agreement Specific only to this Apartment/ProjectIt is clearly understood and agreed by the Allottee that the provisions of this Agreementand those contained in the annexures are specific and applicable to apartments offered forsale in New Town Heights, DLF Rajarhat and these provisions cannot be read in evidenceor interpreted in any manner in or for the purpose of any suit or proceedings before anyCourt(s), Commission, Consumer Disputes Forum(s) or any other Judicial forum involvingany other apartment(s)/building(s)/project(s) of the Company/its associates/subsidiaries,partnership firms in which the Company is partner or interested.34. Payment of Stamp Duty and other chargesIt is clearly understood and agreed by the Allottee that the stamp duty, registration andany incidental charges relating to and in respect of this Agreement and conveyance shall beborne and paid by the Allottee only. It is hereby agreed by and between the parties that forthe purposes of payment of stamp duty, the Conveyance Deed shall be deemed to be theprincipal instrument among the several instruments used for the sale of the Said Apartment,including this Agreement.35. Provision of this Agreement applicable on Occupier/Subsequent PurchaserIt is clearly understood and so agreed by and between the parties hereto that all theprovisions contained herein and the obligations arising hereunder in respect of the SaidApartment/ Said Building/ Said Complex shall equally be applicable to and enforceableagainst any and all occupiers, tenants, licensees and/or subsequent purchasers/assigneesof this Agreement and the Said Apartment, as the said obligations go along with theAgreement/Said Apartment for all intents and purposes.36. Waiver not a limitation to enforceWithout prejudice to the rights/remedies available to the Company elsewhere in thisAgreement:(a) The Company may, at its sole option and discretion, without prejudice to its rights asset out in clauses 4 and 12 of this Agreement, waive in writing the breach by theAllottee in not making payments as per the schedule of payments given in Annexure IIIbut on the condition that the Allottee shall pay to the Company interest which shall becharged for the first ninety (90) days after the due date @ 15% per annum and for allperiods of delay exceeding first ninety (90) days after the due date, an interest @ 18%per annum. It is made clear and so agreed by the Allottee that exercise of discretion bythe Company in the case of one allottee shall not be construed to be a precedent and/or binding on the Company to exercise such discretion in the case of other allottees.(b) Failure on the part of the Company to enforce at any time or for any period of time theprovisions hereof shall not be construed to be a waiver of any provisions or of the rightthereafter to enforce each and every provision.37. Captions/headingsThe captions/headings in this Agreement are for easy reading and convenience and are ofindicative nature only and in no way define, limit or describe the scope of this Agreementor the intent of any provision hereof. The true interpretation of any matter/clauses in thisAgreement shall be done by reading the various clauses in this Agreement as a whole andnot in isolation or in parts or in terms of captions provided.38. SeverabilityIf any provision of this Agreement shall be determined to be void or unenforceable underapplicable law, such provisions shall be deemed amended or deleted in so far as reasonablyinconsistent with the purpose of this Agreement and to the extent necessary to conform toX......................................................................... (Sole/First Applicant)27X............................................................................. (Second Applicant)

applicable law and the remaining provisions of this Agreement shall remain valid andenforceable as applicable at the time of execution of this Agreement.39. Method of calculation of proportionate share wherever referred to in the AgreementWherever in this Agreement it is stipulated that the Allottee has to make any payment, incommon with the other allottees in the Said Building / Said Complex, the same shall be in theproportion which the Super Area of the Said Apartment bears to the total super area of all theapartments in the Said Building / Said Complex / Said Portion of Land, as the case may be.40. Force MajeureThe Company shall not be held responsible or liable for not performing any of its obligationsor undertakings provided for in this Agreement if such performance is prevented or delayeddue to Force Majeure conditions.41. Right to join as affected partyThe Allottee agrees that the Company shall have right to join as an affected party in anysuit/complaint filed before any appropriate court by the Allottee if the Company's rightsunder this Agreement are likely to be affected/ prejudiced in any manner by the decisionof the court on such suit/ complaint. The Allottee agrees to keep the Company fully informedat all times in this regard.42. IndemnificationThe Allottee hereby covenants with the Company to pay from time to time and at all timesthe amounts which the Allottee is liable to pay under this Agreement and to observe andperform all the covenants and conditions contained in this Agreement and to keep theCompany and its agents and representatives, estate and effects, indemnified and harmlessagainst any loss/ liabilities or damages that the Company may suffer as a result of nonpayment,non-observance or non-performance of any of the covenants and conditionsstipulated in this Agreement.43. BrokerageIn case the Allottee has to pay any commission or brokerage to any person for servicesrendered by such person to the Allottee whether in or outside India for acquiring the SaidApartment for the Allottee, the Company shall in no way whatsoever be responsible orliable therefor and no such commission or brokerage shall be deductible from the amountof the Total Price agreed to be payable to the Company for the Said Apartment. Further theAllottee undertakes to indemnify and hold the Company free and harmless from and againstany or all liabilities and expenses in this connection.However, if the Company has paid brokerage to a broker in respect of the Said Apartment,then the Company shall retain the amount of brokerage as part of the Non RefundableAmounts in case of cancellation of allotment or otherwise.44. Further AssurancesThe Allottee and the persons to whom the Said Apartment or part thereof is let, transferred,assigned or given possession shall execute, acknowledge and deliver to the Company suchinstruments and take such other actions, in addition to the instruments and actionsspecifically provided for herein, as the Company may reasonably request in order to effectuatethe provisions of this Agreement or of any transaction contemplated herein or to confirm orperfect any right to be created or transferred hereunder or pursuant to any such transaction.45. Copies of this AgreementTwo copies of this Agreement shall be executed and the Company shall retain the originalAgreement and send the second executed copy to the Allottee for Allottee's reference andrecord.46. Place of ExecutionThe execution of this Agreement will be complete only upon its execution by the CompanyX......................................................................... (Sole/First Applicant)28X............................................................................. (Second Applicant)

through its authorized signatory at the Company's Eastern Regional Office situated atGround Floor, Tower B, DLF IT Park, 08 Major Arterial Road, Block AF, Rajarhat NewTown, Kolkata 700 156 after the copies duly executed by the Allottee are received by theCompany. Hence this Agreement shall be deemed to have been executed at Kolkata even ifthe Allottee has prior thereto executed this Agreement at any place(s) other than Kolkata.47. NoticesAll notices to be served on the Allottee and the Company as contemplated by this Agreementshall be deemed to have been duly served if sent to the Allottee or the Company by RegisteredPost at their respective addresses specified below:M/s. DLF LimitedGround Floor, Tower B, DLF IT Park08 Major Arterial Road, Block AFRajarhat New Town, Kolkata 700 156(Address of Allottee)It shall be the duty of the Allottee to inform the Company of any change subsequent to theexecution of this Agreement in the above address by Registered Post failing which allcommunications and letters posted at the above address shall be deemed to have beenreceived by the Allottee.48. Joint AllotteesIn case there are joint Allottees, all communications shall be sent by the Company to theAllottee whose name appears first and at the address given by the Allottee which shall forall intents and purposes be considered as properly served on all the Allottees.49. Right to Transfer OwnershipThe Company reserves the right to transfer ownership of New Town Heights, DLF Rajarhatin whole or in parts to any other entity such as partnership firm, body corporate (s) whetherincorporated or not, association or agency by way of sale / disposal / or any otherarrangement as may be decided by the Company in its sole discretion and the Allotteeagrees that the Allottee shall not raise any objection in this regard.50. Laws of IndiaThe rights and obligations of the parties under or arising out of this Agreement shall beconstrued and enforced in accordance with the laws of West Bengal and India.51. Dispute Resolution by ArbitrationAll or any disputes arising out of or relating to or concerning or touching upon or inrelation to the terms of this Agreement including the interpretation and validity of the termsthereof and the respective rights and obligations of the parties shall be settled amicably bymutual discussion failing which the same shall be settled through arbitration. The arbitrationshall be governed by the Arbitration & Conciliation Act, 1996 or any statutory amendments/modifications thereof for the time being in force. The arbitration proceedings shall be heldat an appropriate location in Kolkata by a sole arbitrator who shall be appointed by theCompany and whose decision shall be final and binding upon the parties. The Allotteehereby confirms that he/she/it shall have no objection to this appointment even if the personso appointed, as the sole arbitrator, is an employee or advocate of the Company or isotherwise connected to the Company and the Allottee confirms that notwithstanding suchrelationship/ connection, the Allottee shall have no doubts as to the independence orimpartiality of the said sole arbitrator. The Courts in Kolkata alone and the Calcutta HighCourt alone shall have the jurisdiction.X......................................................................... (Sole/First Applicant)29X............................................................................. (Second Applicant)

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands atthe places and on the day, month and year mentioned under their respective signatures:Signed and delivered by and within namedAllottee(s): (including joint Allottees)(1).(2).at on in the presence of:WITNESSES:1. SignaturePlease affixphotographand signacross thephotographPlease affixphotographand signacross thephotographNameFirst NameAddressTel. No. Mobile No.(to be completed by the Allottee)2. SignatureNameFirst NameAddressTel. No. Mobile No.Middle NameLast NameSIGNED AND DELIVERED by the named Company, DLF Limited, at Kolkata onin the presence of:WITNESSES:1. SignatureNameFirst NameAddressTel. No. Mobile No.2. SignatureNameFirst NameAddressTel. No. Mobile No.(AUTHORIZED SIGNATORY)For and on behalf of DLF LimitedX......................................................................... (Sole/First Applicant)30X............................................................................. (Second Applicant)

ANNEXURE ILOCATION PLANX......................................................................... (Sole/First Applicant)31X............................................................................. (Second Applicant)

ANNEXURE IATENTATIVE MASTER PLANX......................................................................... (Sole/First Applicant)32X............................................................................. (Second Applicant)

ANNEXURE-IIDEFINITION OF SUPER AREASuper Area for the purpose of calculating the sale price in respect of the Said Apartment shall bethe sum of Apartment Area of the Said Apartment and its pro-rata share of Common areas in NewTown Heights which include the common areas outside apartment buildings, if any.Whereas the Apartment Area of the said Apartment shall mean entire area enclosed by its peripherywalls including area under walls, columns, balconies, cupboards and lofts etc. and half the areaof common walls with other premises/apartments, which form integral part of said Apartment andCommon areas shall mean all such parts/areas in New Town Heights which the Allottee shall useby sharing with other occupants of New Town Heights including entrance lobby, driver's/commontoilet at ground floor, lift lobbies, lift shafts, electrical shafts, fire shafts, plumbing shafts andservice ledges on all floors, common corridors and passages, staircases, mumties, lift machineroom, overhead water tank, maintenance offices/stores security/ fire control rooms, services areasand architectural features, if provided.Super Area of the Apartment provided with exclusive open terrace(s) shall also include area ofsuch terrace(s). Allottee however, shall not be permitted to cover such terrace(s) and shall use thesame as open terrace only and in no other manner whatsoever.It is specifically made clear that the computation of Super Area of the Apartment does not includethe following:a. Sites for retail and Shop(s)b. Sites/Buildings / Area of Community facilities/ Clubc. Roof / top terrace above apartments excluding exclusive terraces allotted to apartments/Penthousesd. Open car parking area around buildings for visitorse. Tennis CourtsIt is further clarified that the super area mentioned in the Agreement is tentative and for thepurpose of computing sale price in respect of said apartment only and that the inclusion of commonareas within the said building, for the purpose of calculating super area does not give any right,title of interest in common areas to apartment allottee except the right to use common areas bysharing with other occupants/allottees in the said building subject to timely payment ofmaintenance charges.Tentative percentage of apartment area to super area of apartment varies from 73% to 81 %depending upon the size of the apartments approximately, presently, Super area and the percentageof Apartment Area to Super area may undergo changes till the completion of the Buildings/Complex and final super area shall be intimated upon completion of Construction of SaidBuilding(s).X......................................................................... (Sole/First Applicant)33X............................................................................. (Second Applicant)

ANNEXURE-IIIPAYMENT PLANFor AA & JJ - 3 & 4 BHK blocksPRICEBasic Sale PriceAs applicableCost of Parking Open Rs.2.25 lacsBasementRs.2.50 lacsStiltRs.3.50 lacsPreferential Location Charges & Floor Rise Charges As applicableInterest Bearing Maintenance Security (IBMS)Rs. 50/- per sq. ft.Down Payment Rebate 9 %Club Charges Rs. 60000/-On Application for BookingWithin 30 days of BookingDOWN PAYMENT PLANRs. 300000/- (Rs. 3 Lacs plus Service Tax- for 3BHK with SQ)Rs. 400000/- (Rs. 4 Lacs plus Service Tax- for 4BHK with SQ)95 % of Sale Value + 50% Club Charges(Less Booking Amount & Down PaymentRebate)On Notice of Possession 5% of Sale Value + IBMS + Stamp Duty +Registration Charges +50% Club Charges + Other applicablecharges, as applicableCONSTRUCTION LINKED INSTALLMENT PAYMENT PLANOn Application for BookingRs. 300000/- (Rs. 3 Lacs plus Service Tax- for 3BHK with SQ)Rs. 400000/- (Rs. 4 Lacs plus Service Tax- for 4BHK with SQ)Within 2 Months of Booking15% of Sale Value less Booking AmountWithin 4 months of Booking10% of Sale ValueWithin 6 months of Booking or completion of10% of Sale ValueBasement, whichever is laterWithin 9 months of Booking or casting of 2nd10% of Sale Value + 50% Club Chargesfloor slab, whichever is laterWithin 12 months of Booking or casting of 7th10% of Sale Valuefloor slab, whichever is laterWithin 15 months of Booking or casting of 12th10% of Sale Valuefloor slab, whichever is laterWithin 18 months of Booking or casting of Final 10% of Sale Valuefloor slab, whichever is laterWithin 21 months of Booking or completion10% of Sale Valueof Brick Work, whichever is laterWithin 24 months of Booking or completion of10% of Sale ValueFinishing of Flooring, whichever is laterOn Notice of Possession 5% of Sale Value + IBMS + Stamp Duty +Registration Charges+ 50% Club Charges + Other applicablecharges, as applicableSALE VALUE =(UNIT PRICE X SUPER AREA OF APARTMENT) + PLC(including Floor RiseCharges) + COST OF PARKING SLOTSX......................................................................... (Sole/First Applicant)34X............................................................................. (Second Applicant)

Notes:1. Down Payment Rebate is payable on Sale Value.2. The basic sale price is subject to escalation.3. The rebate for early payment shall be subject to change from time to time and is presently11% per annum.4. One car park slot is mandatory.5. The yearly simple interest payable on IBMS shall be determined by the Company as per theapplicable rates on fixed deposits accepted by the State Bank of India at the close of eachfinancial year on 31st March.6. IBMS, 50% Club Charges, Other Charges, Stamp Duty and Registration Charges shall bepayable along with the last installment, as applicable.7. The Company would pay penalty to its customers @ Rs. 5/- per sq ft per month for anydelay in handing over the apartment beyond 24 months from the date of booking. Similarly,the customer would be liable to pay holding charges @ Rs. 5/- per sq ft per month, if he failsto take possession within 30 days from the date of notice of possession.8. Prices are with effect from 11th March 20119. Prices indicated above are subject to revision from time to time at the sole discretion of theCompany.10. Prices, terms and conditions stated herein are merely indicative with a view to acquaintapplicant and are not exhaustive.11. As per Govt. Rules, Service Tax is payable on each installment.X......................................................................... (Sole/First Applicant)35X............................................................................. (Second Applicant)

ANNEXURE-IVCOMMON AREAS & FACILITIES1 Part AList of common areas and facilities for use of the Apartment Allottee within New Town Heights,DLF Rajarhat proportionate area of which are included in computation of Super Area of theSaid Apartment.1. Entrance hall2. Stair case and mumties3. Lifts / lift shaft4. Lift + stair lobbies5. Common passage / corridor6. Lift machine room7. Over Head Tank8. Electric / Plumbing / Fire shaft9. Service ledge10. Security / Fire control room11. Maintenance office / Service areas12. Exclusive club with all associated facilities like gymnasium / swimming pool /multipurpose hall / card game room / squash court / library / billiards room / sparoom / café13. Driver's / common toilet14. Stores15. Dwelling Unit for service personnel16. DG Room / DG Set17. Electric sub-station / transformer / electric panel / electrical LT panel room18. Electrical meter room19. Caretaker's room20. Security kiosk21. Areas of the Stilt other than the parking spaces2 Part BList of general common areas and facilities located in the basement for all apartment allotteesin New Town Heights, DLF Rajarhat included in the computation of Super Area of the SaidApartment (Plan attached to this Annexure).1. Underground domestic and fire tanks and pump room and pump with accessories2. Fan rooms3. Maintenance stores and circulation area4. Stairs5. Electric sub-station3 Part CList of general common areas and facilities within New Town Heights, DLF Rajarhat for use ofall apartment allottees in New Town Heights, DLF Rajarhat excluded from the computation ofSuper Area of the Said Apartment1. Lawns and play areas including lighting and services2. Road and driveway, including lighting and services3. Visitors' Car Parking Spaces4. Jogging tracks and other soft and hard landscape including water bodies5. Tennis courts6. Fire hydrant and fire brigade inlet7. Roof / Top TerraceIt is specifically made clear by the Company and agreed by the Apartment Allottee that theApartment Allottee shall have no right, no title in any other land(s), areas, facilities andX......................................................................... (Sole/First Applicant)36X............................................................................. (Second Applicant)

amenities within New Town Heights, DLF Rajarhat as these are specifically excluded from thescope of this Agreement and the Apartment Allottee agrees and confirms that the ownershipof such lands, areas, facilities and amenities shall vest solely with the Company, its associatesand the Company shall have the absolute discretion and the right to decide on their usage,manner and method of disposal etc.4 Part DReserved car parking spaces within New Town Heights, DLF Rajarhat individually allotted forthe exclusive use of the Apartment Allottee and excluded from the computation of SuperArea of the Said Apartment (Parking Plan attached in annexure VI)1. Covered car parking on stilt floor level of building2. Covered car parking in basement3. Open car parking around parking5 Part E:The Apartment Allottee agrees that the Apartment Allottee shall have no ownership rights, norights of usage, no title, no interest in any form or manner whatsoever in such other lands,areas, facilities and amenities as these have been excluded from the scope of this agreementand have not been taken in the computation of Super Area for calculating the sale price andtherefore, the Apartment Allottee has not paid any money in respect of such other lands,areas, facilities and amenities, which shall vest solely with the Company and the Companyshall have the absolute discretion and the right to decide on the usage, manner and methodof disposal of the following lands, areas, facilities and amenities.1. Areas reserved for retail2. Area for reticulated gas bank3. Transformer yard4. Electrical Rooms5. Parking for above facilitiesX......................................................................... (Sole/First Applicant)37X............................................................................. (Second Applicant)

ANNEXURE-VSPECIFICATIONSStructure designed for higher seismic consideration for Zone IV, against Zone III as stipulatedby the code, for enhanced safety.Air Conditioned Apartments with energy efficient VRV / VRF systemModular Kitchen with Hob & ChimneyAccess Controls & CCTV for Higher SecurityAir Conditioned Entrance LobbyHigh Speed Passenger ElevatorsFire Fighting system with sprinklers, smoke detection system, etc. as per NBC normsLiving / Dining / Lobby / PassageDoorsFloor Imported Marble Entrance Doors Polished /PVC laminated frame,moulded skin door / teak veneer/ PVC laminated flush doorshuttersWalls Acrylic Emulsion Internal Doors Polished /PVC laminated frame,paint on POPPainted / Polished / PVCpunninglaminated flush door shuttersCeilingOil BoundDistemperBedroomsFloor Imported Laminated Windows UPVC Frameswooden flooringWallsCeilingKitchenAcrylic Emulsionpaint on POP punningOil Bound DistemperWalls Ceramic Tiles up to 2feet above counter andOil Bound DistemperFloorAnti-skid ceramictiles / marbleElectrical Modular switches (Northwest /Anchor or equivalent make) andcopper wiring.Ceiling Oil Bound Distemper Power Back-up DG Power back-up for allApartments and Common areas.CounterGraniteFittings/Fixtures Single lever CP Fittings, 3BR (not exceeding) 7KVASS Sink, Exhaust Fan4BR (not exceeding) 10KVAPenthouse (not exceeding) 12 KVADuplex (not exceeding) 13 KVAX......................................................................... (Sole/First Applicant)38X............................................................................. (Second Applicant)

BalconySecurity System Proximity Card Access ControlFloor Anti-skid ceramic tiles CCTV for Basement parking andEntrance Lobby at Ground FloorCeiling Exterior Paint Boom barriers at entry & exit ofthe complex and at entry & exitof the Basement ParkingWallsToiletsWallsExterior PaintCombination of one ormore of Ceramic Tiles/ Mirror / Oil BoundDistemperSanitary Ware / Kohler / Parryware / Hindware /CP Fittings Roca or equivalent brands forpastel shade sanitary ware andJaguar, Gem or equivalent brandsfor CP fittingsLift LobbyFloors Anti-skid Ceramic Floor Combination of one or more oftiles, marble in theIndian Marble / Granite / Vitrifiedshower areaTilesCeiling Oil Bound distemper Walls Combination of one or more ofMarble / Granite / Stone-cladding/ Acrylic Emulsion / Wall coveringCounterGraniteFixtures / Fittings Jacuzzi in Master Bed Intercom Between Apartment to ApartmentToilet, Glass Shower System & Apartments to all service areaspartition in 2nd toilet.Single lever CP fittings,wash basin & WC,Exhaust Fan, conventionalfittings and WCin servant's toilet.Accessories Towel rail / ring, Reticulated Reticulated gas shall be providedtoilet paper holder, Gas to individual apartments at extrasoap dish, robe hookcostServant's RoomFloorWallsCeilingTerrazzo/Ceramic TilesOil Bound distemperOil Bound distemperX......................................................................... (Sole/First Applicant)39X............................................................................. (Second Applicant)

ANNEXURE-VITENTATIVE TYPICAL FLOOR PLAN & PARKING PLANX......................................................................... (Sole/First Applicant)40X............................................................................. (Second Applicant)

X......................................................................... (Sole/First Applicant)41X............................................................................. (Second Applicant)

85NSC 001TENTATIVE TYPICAL PARKING PLANRAMPLANDSCAPE GARDENOPEN TO SKYDG - PLATFORMBRICK BARRIER 900MM HT.TRUE GREENBASEMENT + G + ONE FLOORslope in grass5674321DRIVEWAYDRIVEWAYRETAINING WALL AS/ STUR.RETAINING WALL AS/ STUR.seatretaining wallslope in grass4 532176RETAINING WALL AS/ STUR.RETAINING WALL AS/ STUR.ARCHITECTURAL ENCLOSERARCHITECTURAL ENCLOSERNSF 001NSF 002NSF 003NSG 001NSF 004RAMPFILLED UPBLOCK -5FILLED UP5.0 M. DRIVEWAY5.6 M. DRIVEWAY4.0 M. DRIVEWAY5.6 M. DRIVEWAY5.6 M. DRIVEWAY 5.5 M. DRIVEWAY5.6 M. DRIVEWAYFILLED UPBLOCK - 4FILLED UPFILLED UPBLOCK -6FILLED UP FLUSHING TANKPUMP ROOMFILLED UPFILLED UP BLOCK - 3BLOCK - 7FILLED UPBLOCK - 2 BLOCK - 85.5 M. DRIVEWAY5.5 M. DRIVEWAYFIRE TANKFIRE TANKRAW WATERRAW WATERTREATEDWATER TANK5.5 M. DRIVEWAY5.6 M. DRIVEWAY5.6 M. DRIVEWAY5.5 M. DRIVEWAY5.5 M. DRIVEWAY5.5 M. DRIVEWAY5.5 M. DRIVEWAY5.5 M. DRIVEWAY5.5 M. DRIVEWAY5.8 M. DRIVEWAY5.5 M. DRIVEWAYSWIMMING POOL5.5 M. DRIVEWAY5.5 M. DRIVEWAYFILLED UP5.2 M. DRIVEWAYFILLED UP FILLED UP5.5 M. DRIVEWAY5.5 M. DRIVEWAY5.5 M. DRIVEWAY 5.5 M. DRIVEWAYBLOCK - 1 BLOCK - 95.6 M. DRIVEWAY5.6 M. DRIVEWAY5.6 M. DRIVEWAY5.6 M. DRIVEWAYFILLED UPFILLED UP5.5 M. DRIVEWAY3.5 M. DRIVEWAYVOIDDURWAN QR.5400X2990ABOVEABOVEDNM.H.M.H.ARCHITECTURAL ENCLOSERFILLED UPFILLED UPOPEN TO SKYX......................................................................... (Sole/First Applicant)42X............................................................................. (Second Applicant)

ANNEXURE-VIIAPPLICATION FOR BECOMING MEMBER OF THE ASSOCIATION(To be filled up by Apartment Allottee)From:....................................................................................................................................................................................................................................................................................................................................................................................................................ToThe Secretary,New Town Heights, DLF Rajarhat Apartment Owners AssociationPlot No. III- E/5, Action Area III,New Town, Rajarhat,Kolkata 700156Sir,I have entered into an agreement with DLF Limited to purchase an Apartment No..............on.................... floor in Tower/Building No................ in New Town Heights, DLF Rajarhat.Please enroll me as a member of New Town Heights, DLF Rajarhat Apartment Owners Associationand I herewith remit a sum of Rs.towards entrance fee of the saidAssociation.Kindly let me know the annual subscription fee to be paid and also let me have a copy of theby-laws of the Apartment Owners Association.Kindly keep me informed of the activities of the Association from time to time.Thanking you,Yours faithfully,MemberX......................................................................... (Sole/First Applicant)43X............................................................................. (Second Applicant)

ANNEXURE-VIIIDRAFT MAINTENANCE AGREEMENTThis Agreement is made on this ____day of _______, 20___ at Kolkata.AMONGST1. DLF Limited, a Company registered under the Companies Act, 1956 having its registeredoffice at 3rd Floor, Shopping Mall, Arjun Marg. Phase I, DLF City, Gurgaon, Haryana and itsEastern Regional Office at Ground Floor, Tower B, DLF IT Park, 08 Major Arterial Road,Block AF, Rajarhat New Town, Kolkata 700 156 (hereinafter referred to as the "Company",which expression shall, unless repugnant to the context or meaning thereof, be deemed tomean and include its successors and assigns) through its authorised signatoryShri of the First Part;AND2. New Town Heights, DLF Rajarhat Apartment Owners Association, registered under the SocietiesRegistration Act, 1860 (hereinafter referred to as the "Association" which expression shall,unless repugnant to the context or meaning thereof, be deemed to mean and include itssuccessors and assigns) through its President Shri/Smt.of the Second Part;AND3. a Company incorporated under the CompaniesAct, 1956 / association having its registered office/place of business at(hereinafter referred to as the "Maintenance Agency".which expression shall, unless repugnant to the context or meaning thereof, be deemed tomean and include its successors and assigns), through its authorised signatory, Shri/Smt. of the Third Part.4. Shri/Smt.Son/Daughter/Wife of ShriResident ofAND5. Shri/Smt.Son/Daughter/Wife of ShriResident of(* to be filled up in case of Joint Purchasers)(Hereinafter singly/Jointly, as the case may be, referred to as the "User" which expression shall,unless repugnant to the context or meaning thereof, include his/her heirs, executors, administrators,legal representatives and successors) of the Fourth Part;OR* M/s. , a partnership firm dulyregistered under the Indian Partnership Act, 1932 (hereinafter referred to as the "User" whichexpression shall, unless repugnant to the context or meaning thereof, include all the partners ofthe partnership firm and their heirs, legal representatives, administrators, executors and successors)of the Fourth Part acting through its partner authorised by resolution datedShri / Smt. .X......................................................................... (Sole/First Applicant)44X............................................................................. (Second Applicant)

OR* , a Company registered under the Companies Act,1956, having its registered office at andCorporate Identification Number (hereinafter referred to as the "User"which expression shall, unless repugnant to the context or meaning thereof, include its successorsand assigns) of the Fourth Part acting through its duly authorised signatory Shri/Smt.authorised by Board resolution dated .*Strike out whichever is not applicableWHEREAS the User has entered into the Apartment Allotment Agreement for the purchase of theSaid Apartment in the Said Complex and has taken possession / is in the process of takingpossession thereof.AND WHEREAS the Apartment Allotment Agreement contained a stipulation for the provision ofthe Maintenance Services by the Company/Maintenance Agency on the payment of charges thereofby the User.AND WHEREAS the User has, in accordance with the Apartment Allotment Agreement, deposited/is in the process of depositing IBMS with the Company/ Maintenance Agency.AND WHEREAS the Company/ User wants the Common Areas and Facilities and services to bemaintained by the Maintenance Agency and the Maintenance Agency is agreeable to maintain theCommon Areas, facilities and services on the terms and conditions contained hereinafter.AND WHEREAS the Company /Association has handed over the maintenance of the assets andequipments installed for providing Maintenance Services within the Said Building and Said Complexand the Common Areas and Facilities situated within the Said Complex and the Said Building tothe Maintenance Agency for the Maintenance Services.AND WHEREAS on the User's undertaking to abide by the terms and conditions of this Agreementand subject to the other terms and conditions of this Agreement, the Maintenance Agency hasagreed to provide the Maintenance Services.NOW THEREFORE, THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED ANDDECLARED BY AND AMONGST THE PARTIES HERETO AS FOLLOWS:Definitions and Interpretation:In this Agreement, the following words and expressions when capitalized shall have the meaningassigned herein. When not capitalized, such words and expressions shall be attributed their ordinarymeaning."Agreement" shall mean this maintenance agreement along with all the annexures and schedulesattached thereto;"Apartment Allotment Agreement" shall mean the apartment allotment agreement datedentered into between the Company and the User for the sale of the SaidApartment to the User;"Common Areas and Facilities" shall mean such common areas and facilities within the SaidBuilding/ Said Complex/ Said Land which are earmarked for common use by the residents/occupants of the Said Building/ Said Complex including items as mentioned in Annexure II."IBMS" shall mean an amount deposited/ in the process of being deposited as per the super areaof the Said Apartment by the User as maintenance security with the Company/ MaintenanceAgency for providing the Maintenance Services and utilities, carrying simple interest, as per theapplicable rates on one year fixed deposits accepted by State Bank of India, at the close of eachfinancial year on 31st March, calculated from the date of realization of amount by the Company/Maintenance Agency and which is to be adjusted/ transferred in the manner as provided in theApartment Allotment Agreement. The Maintenance Agency reserves the right to modify, revise allor any of the terms of the maintenance security including but not limited to amount/ rate of themaintenance security."Initial Period" shall mean ten (10) years."Maintenance Charges" shall mean the charges payable by the User to the Maintenance Agencyfor the Maintenance Services but this does not include the charges for actual consumption ofutilities including but not limited to electricity, water, concierge charges which shall be charged onX......................................................................... (Sole/First Applicant)45X............................................................................. (Second Applicant)

monthly basis as per actual consumption/ usage and also does not include any statutorypayments/taxes with regard to Said Complex/ Said Building/Said Apartment. The maintenancecharges will be calculated on the basis of actual cost of Maintenance Services + 20% as overheadcosts. The maintenance charges with respect to the Said Apartment will be computed as under:(Total cost of Maintenance Services / Total super area of all the apartments) × The super area ofthe Said Apartment"Maintenance Services" shall mean such services for the maintenance of common areas andfacilities and for providing utilities including but not limited to as specified under clause 1 hereof,to be rendered by the Maintenance Agency."Said Apartment" means the specific apartment allotted to the Apartment Allottee in the SaidBuilding within the Said Complex along with the exclusive right to use the Parking Space, detailsof which are given in the Clause 1.1 of the Apartment Allotment Agreement, and the tentativemaster plans, specifications, tentative typical floor plans & parking plans and tentative typicalapartment plans of which are annexed as Annexures IA, V, VI and IX to the Apartment AllotmentAgreement."Said Building" shall mean the tower/ building no. in the Said Complex inwhich the Said Apartment is located;"Said Complex" means the complex being developed on the Said Portion of Land under thename and style of 'New Town Heights, DLF, Rajarhat' as per the buildings plans as approvedby the competent authority, comprising of residential apartments buildings, club house, etc."Said Land" shall mean the land bearing Plot No. E/5, Action Area III, New Town, Rajarhat,Kolkata, West Bengal admeasuring 15 acres or thereabouts, location plan whereof is shown inAnnexure I of the Apartment Allotment Agreement."Said Portion of Land" means the area of land admeasuring 14.1 acres or thereabouts withinthe Said Land on which the residential units are being constructed.For all intents and purposes and for the purpose of the terms and conditions set out in thisApplication, singular includes plural and masculine includes feminine gender.1. MAINTENANCE SERVICES AND THEIR SCOPE:Subject to the terms and conditions of this Agreement and the User's compliance of theterms of the Apartment Allotment Agreement / conveyance deed of the Said Apartmentexecuted by the Company and payment of the Maintenance Charges, the Maintenance Agencyshall ensure provision of the Maintenance Services in accordance with this Agreement duringthe term of this Agreement.The Maintenance Services shall include the following:A. For the Said Complex / Said Building:i) Maintenance of the Common Areas and Facilities as specified in Annexure II;ii)iii)iv)Maintenance of open spaces, compound wall, landscaping, roads, paths and such otherspaces within the boundary wall of the Said Complex including maintenance of equipmentfor providing utilities;Operation and Maintenance of electrification equipments and ancillaries installed withinthe Said Complex/ Said Building under electric supply scheme, power back-up andsubstations connected with supply of electrical energy and equipments installed in theSaid Building/ Said Complex for filtration, water supply, sewerage, sewage treatmentplant, water treatment plant, fire safety system, etc. in the Said Complex save and exceptthe electrification equipments and ancillaries to be exclusively maintained by West BengalState Electricity Distribution Company Limited (WBSEDCL) /New Town Electric SupplyCompany Limited (NTESCL).Operation and Maintenance of those components of the Common Areas and Facilitieswhich ensure environment friendliness of the Said Complex, like the rain water harvestingsystem, solid waste management system, etc.v) Operation and Maintenance of reticulated gas system and the distribution systems thereof,including but not limited to the equipments and pipes used, meters, storage tanks etc.vi)Security services for the Said Building/ Said Complex.X......................................................................... (Sole/First Applicant)46X............................................................................. (Second Applicant)

vii)viii)ix)Insurance of the Said Complex/ Said Building including any structure, equipmentsinstalled in the Said Building/ Said Complex.Repairing, renewing or replacing any component, structure etc. falling within or not inthe Common Areas and Facilities, as the Maintenance Agency may deem fit.Provide such other maintenance services as the Maintenance Agency may deem fit withregard to the maintenance of the Said Complex/ Said Building.B. For the Car-parking areas:(i)(ii)Maintenance of the car parking spaces in the basement, under stilts, in the open or inany other part of the Said Building/ Said Complex;Other services including but not limited to maintenance of reserved basement/ stilt/open car parking spaces allotted for exclusive use of the User, driveways, electrification,security services etc and other services, as the Maintenance Agency may deem fit, withregard to the car parking in the basement, under stilts, in the open or in any other partof the Said Building / Said Complex.For the avoidance of doubt, it is clarified that Maintenance Agency may add, withholdor vary any of the Maintenance Services if the Maintenance Agency considers the addition,withholding or variation of such services to be necessary or desirable for the upkeepand maintenance of the Said Complex or part thereof which may have the effect ofincrease, or if so required by lawful authority, in the Maintenance Charges.2. MAINTENANCE CHARGES:The User agrees and undertakes to pay, on quarterly basis, the Maintenance Charges inadvance, as per the bills raised by the Maintenance Agency in this regard, at the beginningof every quarter. The User understands that as per the Apartment Allotment Agreement, theUser shall be liable to pay the Maintenance Charges on and from the date on which theactual physical possession of the Said Apartment is taken, or on the expiry of thirty (30)days from the date of issuance of the Notice of Possession as per the Apartment AllotmentAgreement, whichever is earlier.At the end of each financial year, Maintenance Agency shall get its account audited and theexpenses incurred would form basis of estimate for billing in the subsequent financial year.If there shall be any surplus/deficit arising at the end of the financial year after audit, thesame shall be adjusted in the bills raised in the subsequent financial year in a manner thatthe amount may be refunded/ recovered from subsequent bills to the User.The basis for the Maintenance Charges to be billed to the User shall be as under:A. Maintenance Servicei) The Maintenance Charges shall be calculated by taking into account the entire costincurred by the Maintenance Agency for rendering total services and the bills for thesame shall be raised quarterly in advance.B. Utilities:(i)(ii)(iii)The Maintenance Agency shall bill on monthly pro-rata basis for common areas andservices (i.e. proportionate share of cost based on the ratio of the super area of theapartment against the total super area of the complex, against total cost of electricalenergy consumed) for the consumption of electrical energy inside the Said Complex atrates charged by WBSEDCL / NTESCL falling in the schedule of tariff as applicablefrom time to time to the Said Complex.The Maintenance Agency shall bill on a monthly pro-rata basis the cost of generatingpower through Diesel Generating sets, including cost of fuel, maintenance, annualmaintenance charges etc. (i.e. including all costs for maintaining stand-by DieselGenerating sets) in the ratio of the super area of the individual flat against the totalsuper area of the complex.The Maintenance Agency shall bill the User for providing reticulated gas to the SaidApartment.3. PROCEDURE OF BILLING AND PAYMENT:i) The Maintenance Agency shall, at the beginning of each month, raise the bill forMaintenance Charges as mentioned in clause 2A on the User. The User undertakes toX......................................................................... (Sole/First Applicant)47X............................................................................. (Second Applicant)

ii)iii)iv)pay the entire amount of Maintenance Charges as stated in the bill on or before the duedate specified. No part payment shall be accepted and even if the Maintenance Agencyaccepts it, the same shall, nevertheless constitute default by the User.The Maintenance Agency shall raise bills for utilities as per clause 2B on the User foractual consumption of utilities including but not limited to electricity, reticulated gasand water charges. The User undertakes to pay the entire amount as stated in the billon or before the due date specified. No part payment shall be accepted and even if theMaintenance Agency accepts it, the same shall, nevertheless constitute default by theUser.All payments shall be made by the User through Crossed Cheque/ Demand Draft only,drawn in favour of the Maintenance Agency payable at Kolkata and shall be deemed tohave been paid only when the amounts are credited to the accounts of the MaintenanceAgency.In the event of delay/default by the User in payment of the Maintenance Charges/utilities bills by the due date mentioned in the bills, the Maintenance Agency shall havethe right to adjust the unpaid amount, in the first instance from the interest accrued onthe IBMS and if such accrued interest falls short of the unpaid Maintenance Charges,the Maintenance Agency shall have the right to adjust the same from the principalamount of IBMS.v) In case due to the aforesaid adjustment, the principal amount of IBMS falls below therequired amount, then the User shall be liable to make good such short fall withinfifteen (15) days falling which the User shall be liable to pay interest @ 18% p.a. on theunpaid amount for the period of delay in payment after the due date. If the User defaultsin making the shortfall within a further period of fifteen (15) days, the MaintenanceAgency shall have the right to withhold/ discontinue the Maintenance Services/ utilitiesfor the Said Apartment, at any time, without any further notice.vi)vii)viii)ix)Notwithstanding anything contained herein, the Maintenance Agency shall have the firstcharge on the Said Apartment for the recovery of the aforesaid unpaid amounts (includinginterest thereon).Without prejudice to the right to the Maintenance Agency to recover the MaintenanceCharges/ utilities bills in the aforesaid manner and to charge interest for the period ofdelay, the unpaid bill shall be deemed to be a notice to the User to the effect that if theamounts stated in the bill is not paid by the due date, the Maintenance Agency shallhave the right to discontinue the provision of Maintenance Services/utilities/ to runand operate the equipments of utilities to the User till the date of payment of the unpaidamount along with interest.All returned/ dishonoured cheques shall be subject to legal action under the provisionsof Negotiable Instrument Act, 1881 or any modification thereof apart from civil actionfor recovery of the amount. The Maintenance Agency shall be entitled to recover bankcharges in addition to bill amount, interest at the rate of 18% p.a. and other charges asprovided in this Agreement in case of dishonoured cheques.The payment of bill shall not be held up/ delayed even if there are any differences ordisputes as to its accuracy. Any such difference or disputes regarding accuracy of thebill shall be separately settled as provided in Clause 7 of this Agreement.Notwithstanding any clause of this Agreement, the liability of the Maintenance Agencyto provide Maintenance Services is conditional on the Maintenance Agency getting theMaintenance Charges/ utilities bills within the stipulated time from all the users, in noevent less than 75-80% of the actual users. In the event there is a default by more than20-25% of the apartment owners to pay the Maintenance Charges/ utility bills theMaintenance Agency shall not be obliged to provide any Maintenance Services and /orrun or operate the utilities equipments to any of the apartment owners till the date theunpaid amounts are received, irrespective of the Maintenance Charges paid by anyapartment owner.4. USER'S OBLIGATIONS:(i)The User undertakes to comply with the provisions of this Agreement.X......................................................................... (Sole/First Applicant)48X............................................................................. (Second Applicant)

(ii)(iii)(iv)(v)The User further agrees that the User's right to use the Common Areas and Facilities,shall be subject to regular and prompt payment of Maintenance Charges as billed bythe Maintenance Agency. In case of failure to do the same, the User shall lose the rightto use any of the Common Areas and Facilities and to obtain the supply of utilities andother services, the Maintenance Agency shall have the right to recover the amounts dueas per law.The User shall be responsible for insuring the contents within the Said Apartment atthe User's own cost, risk and responsibility. Further, the User shall not do or permit tobe done any act or thing which may render void or voidable insurance of any buildingor any part of the Said Building/ Said Complex or cause increased premium to bepayable in respect thereof. Such increase in the premium due to the above default shallbe borne and paid by the User only.The User shall maintain the Said Apartment at the User's own cost, in a good repairand condition and shall not do or suffer to be done anything in or to the Said Apartment,or to the Said Building, or to the Common Areas and Facilities which may constituteviolation of any law or rules of any authority or cause detriment to occupants of theSaid Building/Said Complex or change or alter or make additions to the Said Apartmentand keep the Said Apartment, its walls and partitions, sewers, drains, pipes andappurtenances thereto or belonging thereto, in good and tenantable repair and maintainthe same in a fit and proper condition and ensure that the support, shelter etc. of theSaid Building is not in any way damaged or Jeopardized. The User further undertakes,assures and guarantees that the User would not put any sign-board, name-plate, neonlight,publicity material or advertisement material etc. on the face / facade of the SaidBuilding or anywhere on the exterior of the Said Building or common areas. The Usershall also not change the colour scheme of the outer walls or painting of the exteriorside of the doors and windows etc. or carry out any change in the exterior elevation ordesign. Further the User shall not store any hazardous or combustible goods in theSaid Apartment or place any heavy material in the Common Areas and Facilitiesincluding the common passages or staircase of the Said Building. The User shall alsonot remove any wall, including the outer and load bearing wall of the Said Apartment.The User shall plan and distribute the User's electrical load in conformity with theelectrical systems installed by the Company. The non-observance of the provisions ofthis clause shall entitle the Maintenance Agency, without prejudice to other rights andremedies which it may have, to enter the Said Apartment, if necessary and remove allnon-conforming fittings and fixtures at the cost and expense of the User. The Useragrees to keep the Maintenance Agency indemnified and harmless against any loss ordamage that may be caused to the Maintenance Agency in this regard.The User shall also be liable to pay (in addition to Maintenance Charges/ utilities), asand when any plant & machinery within the Said Complex/Said Building as the casemay be, including but not limited to lifts, DG sets, electric sub-stations, pumps,firefighting equipment, any other plant/ equipment of capital nature etc. requirereplacement, upgradation, additions etc., the cost thereof on pro-rata basis. The Useracknowledges that the Maintenance Agency shall have the sole authority to decide thenecessity of such replacement, upgradation, additions etc. including its timings or costthereof.5. LIMIT ON THE RESPONSIBILITY OF THE MAINTENANCE AGENCYi) The User understands that the Maintenance Agency may engage other agencies/contractors to provide one/ more/ all Maintenance Services under separate agreements.The Maintenance Agency's responsibility will be limited only to the extent of supervisionof these agencies' work and to ensure that their operation is in conformity with theagreement executed by them and to replace an agency if its performance is not up tothe desired standards. The Maintenance Agency accepts no legal liability whatsoeverarising from acts of omission, commission, negligence, defaults of the aforesaid agenciesin providing the Maintenance Services. The Maintenance Agency shall not be liable forany delay, loss or damage caused by agencies' failure or refusal to timely provide services.ii)The Maintenance Agency shall in no way be responsible or liable for any fire, electrical,pollution, structural or any kind of hazard originating from the Said Apartment/ SaidX......................................................................... (Sole/First Applicant)49X............................................................................. (Second Applicant)

Building/ Said Complex including those or due to electrical devices installed in theSaid Apartment. The hazards aforesaid originating from the Said Apartment/ SaidBuilding/ Said Complex shall not impose any kind of legal or financial liability on theMaintenance Agency and the User(s) agrees to keep the Maintenance Agency indemnifiedand harmless against any loss or damage that may be caused to the Maintenance Agencyin this regard. The User shall ensure that the internal air-conditioning and electricalsystems and any other work or thing done internally within the Said Apartment orexternally, shall not pose any fire, electrical, structural, pollution and health hazard forwhich the User shall solely be responsible for all legal and financial consequences arisingthereon.6. GENERALi) The Maintenance Agency shall have the right to assign this Agreement or any partthereof to any other person/ entity as it may deem fit.ii)iii)iv)All costs, charges and expenses payable on or in respect of this Agreement and on allother instruments and deeds to be executed, if any, pursuant to this Agreement, includingstamp duty on this Agreement, legal fees, if any, shall be borne and paid solely by theUser.The Maintenance Agency shall retain the original of this Agreement and the User shallbe provided with a duplicate copy thereof.The failure of the Maintenance Agency to enforce at any time or for any period of timeany provision(s) hereof shall not be construed as waiver of any provision(s) or of theright thereafter to enforce any or each and every provision(s) of this Agreement.v) If any provision of this Agreement shall be determined to be void or unenforceable underany law such provision shall be deemed amended or deleted to the extent necessary toconform to applicable law and the remaining provisions of this Agreement shall remainvalid and enforceable.vi)vii)viii)ix)This Agreement is in consonance and not in derogation to the Apartment AllotmentAgreement and the Conveyance Deed.Any notice, letter or communication to be made, served or communicated under thesepresents shall be in writing and shall be deemed to be duly made, served orcommunicated only if the notice or letter or communication is addressed at the aforesaidaddress and sent by registered post.It is clearly understood and agreed between the parties that all the provisions containedherein and the obligations arising thereunder shall equally be applicable to andenforceable against any and all occupiers, tenants/employees of the User and/orsubsequent purchasers of the Said Apartment, as the said obligations go along with theSaid Apartment for all intents and purposes.Neither party shall be liable in damages or have the right to terminate this Agreementfor any delay or default in performing hereunder if such delay or default is caused byconditions beyond its control including, but not limited to Acts of God, Governmentrestrictions (including the denial or cancellation of any export or other necessary license),wars, insurrections and/or any other cause beyond the reasonable control of the partywhose performance is affected.x) If the User does not want to continue with the terms and conditions of the Agreement,He/ she/ it will have to give notice for non-renewal of the Agreement six months priorto the expiry of the Initial Period. If such similar notice is received from 75% of theapartment owners then the Agreement shall come to an end after the Initial Period,falling which the Agreement shall stand renewed for a further period of ten years.xi)Any User in breach of any of the terms and conditions of this Agreement shall be liableto pay outstanding dues and liquidated damages equivalent to the amount paid asMaintenance Charges during the last twelve (12) months, which the User agrees arefair, just and reasonable.7. DISPUTE RESOLUTION BY ARBITRATION:In the event of any differences or disputes arising between the Maintenance Agency andX......................................................................... (Sole/First Applicant)50X............................................................................. (Second Applicant)

the User in connection with or arising out of this Agreement including matters connectedwith the accuracy of bills, supply of Maintenance Services or interpretation of any of theterms and conditions hereof, which cannot be determined amicably, or settled throughan agreement between the Maintenance Agency and the User, the matter shall be referredto arbitration of sole arbitrator to be appointed by the Managing Director of theMaintenance Agency and whose decision shall be final and binding upon the parties.The User hereby confirms that the User shall have no objection to this appointmenteven if the person so appointed as the arbitrator is an employee or advocate of theMaintenance Agency or is otherwise connected to the Maintenance Agency and the Userconfirms that notwithstanding such relationship/connection, the User shall have nodoubts as to the independence or impartiality of the said arbitrator. Reference toarbitration shall be without prejudice to the right of the Maintenance Agency to effectrecovery of arrears of dues (through disconnection of supply or otherwise). The arbitrationproceedings shall be held at an appropriate location in Kolkata alone and shall be inaccordance with the Arbitration and Conciliation Act, 1996 or statutory modificationsthereto. The Courts at Kolkata alone and/or the Calcutta High Court at Kolkata aloneshall have the jurisdiction.IN WITNESS WHEREOF the parties have set their hands to this Agreement at the place and onthe day, month and year first above written.In the presence of:WITNESSES1. Signature __________________________________ NameAddress ________________________________________________________________________________For and on behalf ofM/s DLF LIMITED(AUTHORISED SIGNATORY)For and on behalf ofTel. No. _________ Mobile No. _______________ M/s. _______________________________ LTD.2. Signature __________________________________ NameAddress ________________________________________________________________________________Tel. No. _________ Mobile No. _______________(AUTHORISED SIGNATORY)For and on behalf ofMr./Mrs./M/sMr./Mrs./M/s[User(s)]X......................................................................... (Sole/First Applicant)51X............................................................................. (Second Applicant)

52ANNEXURES1. Annexure-I : Site Plan of Said Complex2. Annexure-II : List of Common Areas and Facilities alongwlth the site map in which thesame have been earmarked.ANNEXURE - IICOMMON AREAS AND FACILITIES PART - APART - AList of Common Areas and Facilities for use of the User within the Said Complex1) Entrance Hall.2) Staircases and mumties3) Lifts / lift shafts4) Lifts lobbies including interiors, lighting, air-conditioning and fire fighting equipmentsthereof.5) Staircase lobbies including lighting and fire fighting equipments thereof6) Common area and common passage / corridor including interiors, air-conditioning,lighting and fire fighting equipments thereof.7) Lift machine rooms.8) Overhead Water tanks.9) Electrical/ Plumbing / Fire shafts and service ledges.10) Mail room /Security room/ Drivers' common toilet / Caretaker's room and toilet in thebasement or anywhere else in the Said Complex.11) Security /Fire control room.12) Maintenance office/ services Areas.13) Exclusive club for the allottees/occupants of the New Town Heights, DLF Rajarhat withall associated facilities like gymnasium / swimming pool / multipurpose hall / cardgame room / squash court / library / billiards room / spa room / café14) Stores15) Dwelling Unit for service personnel16) Security kiosk17) Areas of the Stilt other than the parking spaces18) Lawn & play areas and play equipments, including lighting & services etc.19) Road & Driveways, including lighting & Services etc.20) Visitors' Car Parking Spaces21) Jogging tracks and other soft and hard landscape including water bodies22) Roof / Top Terrace23) Fire Hydrants & Fire brigade inlet etc.24) Covered car parking spaces on stilt floor level of buildings25) Covered car parking spaces in basement of buildings26) Open / Covered Car parking around building(s)27) Tennis Court and lightingPART - BList of Common Areas and Facilities proposed to be located in the basement and anywhereelse in the Said Complex for all users in the Said Complex.1) D.G. Room / D.G. sets.2) Underground Domestic & fire water tanks andpump room & pumps with accessories.}May be located under3) Electric sub-station/transformersany building or any4) Electrical panels/ Electrical Meter Roomsother suitable5) Maintenance stores and circulation areaslocation in DLF.6) Sewerage Treatment plant.7) Fan Rooms8) StairsX......................................................................... (Sole/First Applicant)X............................................................................. (Second Applicant)

ANNEXURE-IXTENTATIVE TYPICAL APARTMENT PLANSX......................................................................... (Sole/First Applicant)53X............................................................................. (Second Applicant)

TENTATIVE TYPICAL APARTMENT PLANSX......................................................................... (Sole/First Applicant)54X............................................................................. (Second Applicant)








CONTENTSImportant Instructions to the Intending Allottee(s) ........................................................................ 1Instructions for execution of the Apartment Allotment Agreement: ............................................... 2Company’s Representations ............................................................................................................ 4Apartment Allottee’s Representations ............................................................................................. 41. Definitions and Interpretations ............................................................................................ 52. Payment for taxes on land, wealth-tax, cesses by Apartment Allottee ............................. 123. Amount paid by Apartment Allottee with Application ...................................................... 124. Earnest Money .................................................................................................................. 135. Mode of Payment .............................................................................................................. 136. Compliance of Laws relating to remittances : ................................................................... 137. Adjustment / Appropriation of Payments ......................................................................... 138. Time is the Essence .......................................................................................................... 149.1 Construction of the Said Building / Said Apartment / Said Complex ............................ 149.2 Alteration / Modification ................................................................................................... 1410.1 Schedule for Possession of the Said Apartment ............................................................... 1510.2 Procedure for taking possession ....................................................................................... 1510.3 Failure of Apartment Allottee to take Possession ............................................................. 1511.1 Delay due to reasons beyond the control of the Company .............................................. 1611.2 Failure to deliver possession due to Government Rules, Orders, Notifications etc. .......... 1611.3 Failure to deliver possession by the Company: Remedy to Apartment Allottee ............... 1611.4 Failure to deliver possession: Remedy to the Company ................................................... 1711.5 Abandonment .................................................................................................................... 1712. Events of Defaults and Consequences .............................................................................. 1713. Conveyance of the Said Apartment ................................................................................... 1914.1 Maintenance of the Said Building / Said Complex / Said Apartment ............................. 1914.2 Interest Bearing Maintenance Security (IBMS) .................................................................. 1914.3 Fixation of total Maintenance Charges .............................................................................. 2014.4.1 Electrical Energy Installation Charges .............................................................................. 2114.4.2 Diesel Generator Backup .................................................................................................. 2114.5 Payment for replacement, upgradation, additions of Lifts, DG Sets, Electric Sub-stations,Pumps, Fire Fighting Equipment and other Capital Plants / Equipments. ..................... 2214.6 Right of Apartment Allottee to use Common Areas and Facilities subject to payment of totalMaintenance Charges. ....................................................................................................... 2214.7 Right to enter the Said Apartment for repairs .................................................................. 2214.8 Insurance of the Said Building ......................................................................................... 2214.9 Club Facility ...................................................................................................................... 2214.10 Reticulated Gas Connection .............................................................................................. 2215. Use of basement and service areas ................................................................................... 2316. Use of the Said Apartment ................................................................................................ 2317. Use of terraces ................................................................................................................... 2318. General compliance with respect to the Said Apartment .................................................. 23X......................................................................... (Sole/First Applicant)X............................................................................. (Second Applicant)

19. Compliance of Laws, Notifications etc. by Apartment Allottee .......................................... 2420. Alterations of unsold units ............................................................................................... 2421. Shops, Commercial Premises/Building, etc. ...................................................................... 2422. Right of the Company to make additional constructions ................................................. 2423. Company's right to raise finance ...................................................................................... 2524. This Agreement subordinate to mortgage by the Company ............................................. 2525. Company's charge on the Said Apartment ....................................................................... 2526. Purchase not dependent on financing contingency .......................................................... 2527. West Bengal Apartment Ownership Act, 1972 ................................................................. 2528. Association of Apartment Owners ..................................................................................... 2629. Binding Effect .................................................................................................................... 2630. Assignalility of Agreement : ............................................................................................... 2631. Entire Agreement ............................................................................................................... 2632. Right to amend Annexures ............................................................................................... 2733. Agreement Specific only to this Apartment/Project .......................................................... 2734. Payment of Stamp Duty & Other Charges ....................................................................... 2735. Provisions of this Agreement applicable on Occupiers / Subsequent Purchasers ........... 2736. Waiver not a limitation to enforce ..................................................................................... 2737. Captions/headings ............................................................................................................ 2738. Severability : ...................................................................................................................... 2839. Method of calculation of proportionate share wherever referred to in the Agreement ..... 2840. Force Majeure ................................................................................................................... 2841. Right to join as affected party : ........................................................................................ 2842. Indemnification .................................................................................................................. 2843. Brokerage .......................................................................................................................... 2844. Further Assurances ........................................................................................................... 2845. Copies of this Agreement : ................................................................................................ 2846. Place of .............................................................................................................................. 2947. Notices : ............................................................................................................................. 2948. Joint Allottees .................................................................................................................... 2949. Right to Transfer Ownership ............................................................................................. 2950. Laws of India ..................................................................................................................... 2951. Dispute Resolution by Arbitration .................................................................................... 29ANNEXURE I: PROPOSED SITE PLAN OF COMPLEX AT NEW TOWN, RAJARHAT .................. 31ANNEXURE IA: PROPOSED LAYOUT PLAN OF COMPLEX AT NEW TOWN, RAJARHAT .......... 32ANNEXURE II: DEFINITION OF SUPER AREA............................................................................ 33ANNEXURE III: SCHEDULE OF PAYMENTS ............................................................................... 34ANNEXURE IV: COMMON AREAS & FACILITIES ....................................................................... 36ANNEXURE V: SPECIFICATIONS................................................................................................. 38ANNEXURE VI: TENTATIVE TYPICAL FLOOR PLAN & PARKING PLAN .................................... 40ANNEXURE VII: APPLICATION FOR BECOMING MEMBER OF THE ASSOCIATION ................. 41ANNEXURE VIII: DRAFI' MAINTENANCE AGREEMENT ............................................................. 42ANNEXURE IX: TENTATIVE TYPICAL APARTMENT PLANS ....................................................... 51X......................................................................... (Sole/First Applicant)X............................................................................. (Second Applicant)

AAPARTMENT ALLOTMENT AGREEMENTBETWEENDLF LIMITEDAndNAME : ................................................................................................................................................................................................................................................ADDRESS : ........................................................................................................................................................................................................................................................................................................................................................................PROPERTY NO. : ........................................................................................................................

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