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Office BBA

This document is an agreement for sale of a commercial property between a developer and buyer. It outlines key details of the property such as location, area, price, payment terms, responsibilities of parties and complies with local real estate laws.

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ashutosh.baloni
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© © All Rights Reserved
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0% found this document useful (0 votes)
117 views30 pages

Office BBA

This document is an agreement for sale of a commercial property between a developer and buyer. It outlines key details of the property such as location, area, price, payment terms, responsibilities of parties and complies with local real estate laws.

Uploaded by

ashutosh.baloni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 30

AGREEMENT FOR SALE

1. Type of Document : Agreement for Sale


2. Village/Block/Segment : Medawas, Sector 66
3. Tehsil & District : Sub-Tehsil Badshahpur, District Gurugram
4. Type of Property : Commercial (Office Unit)
5. Area (Carpet) : ___________ square meter (___________ square feet)
6. Sale Consideration : Rs. ___________/-
7. Advance Amount : Rs. ___________/-
8. Stamp Duty : Rs. 101.00/-
9. Stamp No./Date : __________/__.__.20__
10. Stamp GRN : __________
11. Registration Fee : Rs. 1,003/-
12. Registration Fee GRN : __________
13. Unit No. : ___________
14. Property Address : Unit No. ___________, ___________ Floor in Tower-___________
in AIPL Autograph, in revenue
estate of Village Medawas, Sector 66, Sub-Tehsil Badshahpur,
__________

District Gurugram (Haryana)


This Agreement for Sale (“Agreement”) is made and executed on this ____ day of ______, 20____.

By and Amongst

Advance India Projects Limited, a company incorporated and registered under the provisions of the
Companies Act, 1956 and deemed to be existing under the provisions of Companies Act 2013, with
Corporate Identification No. U45209HR1997PLC080240, Permanent Account no. AACCA9859J and
having its registered and corporate office at “AIPL Business Club”, 5th Floor, Golf Course Extension Road,
Medawas, Sector – 62, Gurugram – 122 002, through its authorized signatory Mr. Rakesh Kumar Gupta
(Aadhaar No. 214050206997) or Mr. Manish Dahiya (Aadhaar No. 828917438214), duly authorised vide
Board Resolution dated 01-Feb-2022 hereinafter referred to as the “Promoter” (which expression shall
unless contrary or repugnant to the context or meaning thereof, mean and include its successors and
permitted assigns)
AND

[If the Allottee is a company]

___________, a company incorporated and registered under the provisions of the Companies Act, 1956
and deemed to be existing under the provisions of Companies Act 2013, with Corporate Identification No.
_______________, Permanent Account no. ___________ and having its registered office at ___________,
through its authorized signatory ______________________________ (Aadhar No. ___________), duly
authorised vide Board Resolution dated _______________ hereinafter referred to as the “Allottee” (which
expression shall unless contrary or repugnant to the context or meaning thereof, mean and include its
successors and permitted assigns)

[OR]

[If the Allottee is a Partnership]


___________, a partnership firm registered under the Indian Partnership Act, 1932, having its principal
place of business at ___________, (PAN ___________), represented by its authorized partner,
__________________, authorized vide Partnership Deed/Authorisation Letter dated
__________________, hereinafter referred to as the “Allottee” (which expression shall unless repugnant
to the context or meaning thereof be deemed to mean and include the partners or partner for the time being
of the said firm, the survivor or survivors of them and their heirs, executors and administrators of the last
surviving partner and his/her/their assigns).

[OR]

___________, (Aadhaar no.: ___________) ___________, aged about _____, residing at ___________,
(PAN ___________) and

Advance India Projects Limited 2

(Authorized Signatory)
__________

___________, (Aadhaar no.: ___________) ___________, aged about _____, residing at ___________,
(PAN ___________), hereinafter called the “Allottee” (which expression shall unless repugnant to the
context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators,
successors-in-interest and permitted assigns).

[OR]

[If the Allottee is a HUF]


___________, (Aadhar no. ___________) ___________, aged about _______for self and as the Karta of
the Hindu Joint Mitakshara Family known as _________________________ HUF, having its place of
business/residence at ___________, (PAN___________), hereinafter referred to as the “Allottee” (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean and the members
or member for the time being of the said HUF, and their respective heirs, executors, administrators and
permitted assigns).

[Please insert details of other allottee(s), in case of more than one allottee]

Advance India Projects Limited 3

(Authorized Signatory)
__________

The term and expression the Promoter and Allottee shall hereinafter collectively be referred to as the
“Parties” and individually as “Party”.

WHEREAS:

A. The Promoter is the absolute and lawful owner of land admeasuring 6.1375 acres comprised in
Rectangle no. 33//1(3-3), 11/1(4-0), 34//5(8-0), 6/2 (4-16), 7/1(6-18), 15/1(4-0), 15/2(4-0), 16(0-7),
33//10(6-14), 11/2(4-0), 34//6/1/1(2-8), 6/1/2(0-16) situated at Sector 66, Village Medawas, Sub-
Tehsil Badshahpur, District Gurugram, Haryana (hereinafter referred to as the “Said Land”) vide sale
deed dated 20 July 2018 bearing vasika no. 4287 in Book No. 1, Vol. No. 16 on Pages 108.75 duly
registered in the office of Sub-Registrar, Gurgaon on 20 July 2018 and vide sale deed dated 20 July
2018 bearing vasika no. 4288 in Book No. 1, Vol. No. 306 on Pages 109 duly registered in the office
of Sub-Registrar, Gurgaon on 20 July 2018. The extent of the Said Land may be modified by way of
addition/deletion of land parcels and adjusting the Said Land in future to the extent as may be
acquired/required/desired pursuant/consequent to any directions/approvals by the Director
General, Town and Country Planning, Haryana (“DGTCP”) and/or any other Governmental
Authority and/or as may be permissible under the Act and the Rules and the Applicable Law(s) and
in the manner as provided thereunder. In case of such modification, the services and the Common
Areas may also undergo change and/or be required to be shared with the allottees of the developments
on such additional land. It is clarified that the other terms and conditions of sale of the Said Unit
(described in Clause G hereinbelow) including the Carpet Area will continue to be same and governed
by the provisions of this Agreement.

B. The Director General, Town and Country Planning, Haryana (“DGTCP”) has granted license to
develop a Cyber Park Colony vide License no. 112 of 2012 dated 02.11.2012 and further renewed vide
Memo No. LC-2403-JE(VA)-2021/9015 dated 05.04.2021 and further renewed UpToDate (jointly
referred to as “Project License”) on the Said Land. The DGTCP has further granted in principal
approval for change of developer and transfer of the Project License in favour of the Promoter vide
Memo. No. LC-2403-JE(VA)/2021/9025 dated 05.04.2021.

C. The Said Land is earmarked for the purpose of a Cyber Park Colony and the Promoter is in the process
of construction and development of a project known as ‘AIPL Autograph’ on the Said Land
(hereinafter being referred to as the “Project”).

D. The Promoter has obtained approval of the building plan in relation to the Project from DGTCP vide
Memo No. ZP-932/AD(RA)/2021/9416 dated 09.04.2021. The Promoter agrees and undertakes that
it shall not make any change to the approved building plan of the Project, except in strict compliance
with section 14 of the Act/any other laws of the State, as applicable.

E. The Promoter is fully competent to enter into this Agreement and all legal formalities with respect to
right, title and interest of the Promoter regarding the Said Land on which the Project is to be
constructed have been complied with.

Advance India Projects Limited 4

(Authorized Signatory)
__________

F. The Project has been registered by the Promoter under the provisions of the Real Estate (Regulation
& Development) Act, 2016 with the Haryana Real Estate Regulatory Authority (“Authority”)
Gurugram vide registration no. 49 of 2021 dated 10.09.2021.

G. The Allottee, after seeing and understanding the approved plans, had applied for booking of an Office
Space bearing no. ___________ (which has been allotted to the Allottee) having carpet area of
___________ square meter (___________ square feet), on ___________ floor in Tower-
___________ (subject, however, that the above said Space forms part of an undivided larger Office
Space on the said floor in the said Tower) along with exclusive right to use ___________ number of
car parking space(s) in the Project (if applicable), as permissible under the Applicable Law(s) and pro-
rata right in the Common Areas, as defined under Rule 2(1)(f) of Rules, 2017, (hereinafter referred to
as the “Said Unit” more particularly described in Schedule ‘A’ and the floor plan of the Said Unit is
annexed hereto and marked as Schedule ‘B’).

H. The Allottee hereby agrees and acknowledges that the Promoter has furnished all information,
documents, clarifications, etc. as demanded by Allottee with regard to the Said Land, Project, Said
Unit, RERA registration number, etc. and all queries in this regard have been answered by the
Promoter to the complete satisfaction of the Allottee, and the Allottee has executed this Agreement
with the Promoter after having carried out detailed due diligence including but not limited to perusal
of title deeds, RERA registration certificate, approvals, sanctions and other documents with respect
to the Said Land, Project, Said Unit and is completely satisfied with the same. The Allottee has/have
relied solely on his/her/their/its own independent judgment and investigation while deciding to
execute this Agreement. The Allottee acknowledges that there are no other oral or written
representations or statements, made by the Promoter and/or any person claiming under it, which may
have been considered by the Allottee for execution of this Agreement and/or to be part of this
Agreement.

I. The Parties have gone through all the terms and conditions of this Agreement and understood the
mutual rights and obligations detailed herein. The Allottee has understood all limitations, restrictions,
requirements and obligations of the Promoter and that of the Allottee in respect of this Agreement.
The Allottee hereby agrees and acknowledges that the Promoter is responsible for development of
the Project within the boundaries of the Project and all development outside the Project are subject
matter of various Governmental Authority /third party(ies) and Allottee shall not delay the payment
or withhold the payment or hold Promoter responsible for delay in development of the areas outside
the boundaries of the Project or provisioning of the services by the competent Authorities.

J. The Allottee hereby undertakes that it shall be bound by all the conditions and the provisions imposed
by DTCP and any other Governmental Authority in respect of the Said Land, Project and Said Unit
and the terms and conditions broadly setout herein.

K. The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws,
rules, regulations, notifications, etc., applicable in the State of Haryana and related to the Project/ said
Land. The Allottee hereby confirms that the Allottee has obtained independent advice/forming

Advance India Projects Limited 5

(Authorized Signatory)
__________

independent opinion on all the aspects and features before deciding to proceed further with this
Agreement. Accordingly, the Allottee hereby confirms executing this Agreement with full knowledge
and understanding of its terms and conditions, including their legal implications. The execution of this
Agreement is an independent, informed and unequivocal decision of the Allottee. The Allottee has
relied upon personal discretion, independent judgment and investigation and being fully satisfied with
the present Agreement, has decided to enter into this Agreement for the purchase of the Said Unit.

L. The Parties, relying on the confirmations, representations and assurances of each other to faithfully
abide by all the terms, conditions and stipulations contained in this Agreement and all Applicable
Law(s), are now willing to enter into this Agreement on the terms and conditions appearing
hereinafter.

M. In accordance with the terms and conditions of this Agreement and as mutually agreed upon by and
between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the
Said Unit as specified in Clause G.

DEFINITIONS:

For the purpose of this Agreement, unless the context otherwise requires:
(i) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).
(ii) “Development Charges” mean and include External Development Charges (“EDC”),
Infrastructure Development Charges (“IDC”) or any other taxes/fees/charges/levies, etc. which may
be levied, in connection with the development/construction of the Project levied/leviable and any
interest paid/payable thereon (by whatever name called or in whatever form) to the Governmental
Authority.
(iii) “Governmental Authority(ies)” means the local authority or any authority created under any
governmental authority, statutory authority, government department, agency, commission, board,
tribunal or court or other law, rule or regulation making entity having or purporting to have
jurisdiction on behalf of the Republic of India or any State or other subdivision thereof or any
municipality, district or other subdivision thereof, and any other municipal/local authority/revenue
authority having jurisdiction over the Project/Said Land.
(iv) “Rules” means the Haryana Real Estate (Regulation and Development) Rules, 2017.
(v) “Section” means a section of the Act.

NOW THEREFORE, in consideration of the mutual representations, covenants, assurances, promises


and agreements contained herein and other good and valuable consideration, the Parties agree as follows:

1. TERMS:

1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter hereby agrees to sell
to the Allottee and the Allottee hereby agrees to purchase the Said Unit to be used as an office space
along with exclusive right to use parking space (if applicable) as specified in Clause G.

Advance India Projects Limited 6

(Authorized Signatory)
__________

1.2 The Total Price for the Said Unit based on the Carpet Area is Rs. ___________ (___________)
(“Total Price”)

Unit No. : ___________


Type : Office Space
Floor : ___________
Tower : ___________
Parking : ___________

Unit Carpet Area (approx.): ___________ (___________) square meter {___________


(___________) square feet}

Breakup of Total Price is as follows:


Particulars Carpet Area Total (INR)
INR/Sq Mtr INR/Sq Ft
Basic Sale Price ___________ ___________ ___________
Preferential Location Charges ___________ ___________ ___________
Development Charges ___________ ___________ ___________
Charges for Exclusive Right to use ___________ number of Car -
___________ car parking space Parking Space(s)
Goods and Services Tax / Service Tax ___________
Total Price ___________
Interest Free Maintenance Security ___________
Deposit
Taxes & Cesses and other charges Cannot be confirmed and/ or quantified at this stage since
{Explanation (iv)} based on Applicable Law(s), Governmental Authority
guidelines and external factors prevalent at the time of
demand, same will be confirmed
Explanation:
(i) The Total Price as mentioned above includes the Booking Amount paid by the Allottee to the
Promoter towards the Said Unit along with parking (if applicable).
(ii) The Total Price has been arrived at post effecting input tax credit available/will be available to the
Promoter for the construction of the Project in terms of the provisions of Goods and Services Tax
Act, 2017 and the rules made thereunder. The Total Price of the Said Unit includes recovery of price
of land, development/construction of not only the Said Unit but also common areas (if applicable),
Development Charges, taxes/fees/charges/levies, etc. which may be levied on the
development/construction of the Project, lift, fire detection and firefighting equipment in the
common areas, and Specifications, Amenities & Facilities as mentioned in Schedule ‘C’. It is
clarified that any other specification, amenity, facility, etc. which is not specifically stated in this
Agreement (like cost of providing electric wiring/electrical connectivity to the Said Unit, electrical
fittings, fixtures, electric/water meter, data cable, furniture, fittings & fixtures, etc.) shall be provided

Advance India Projects Limited 7

(Authorized Signatory)
__________

for by the Allottee in the Said Unit through Promoter, shall be at the Allottee’s own cost and expense.
In case due to any Applicable Law(s) it becomes mandatory for the Promoter to install fittings,
fixtures, etc. in the Said Unit, which do not form part of this Agreement presently, the Allottee shall
pay the cost of the same to the Promoter, over and above the Total Price, as per the demands raised
by the Promoter.
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in
Clause 1.4 below and the Allottee shall make payment demanded by the Promoter within the time and
in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of
the taxes/fees/charges/levies, etc. paid or demanded along with the Applicable Law(s) together with
dates from which such Applicable Law(s) has been imposed or became effective;
(iv) The Total Price of the Said Unit does not include Taxes and Cesses (except Goods and Services Tax),
other charges, including but not limited to enhanced EDC, enhanced IDC, Possession Charges
(Labour Cess; Infrastructure Augmentation Charge; Electric Switch-in Station & Deposit Charge;
Sewage/Storm Water/Water Connection Charge etc.), stamp duty, registration charges and other
incidental and legal charges for registration of this Agreement and Conveyance Deed, development
and energization of Switching Station, the costs/charges/deposits that may be required for electricity
connection, water, sewerage, electric connection deposit, electric & water meter deposit, gas pipeline
deposit, gas pipeline charges, , payments for any additional capital equipment for common use, etc
which are not confirmed/quantifiable/has not been quantified on the date of booking/this
Agreement, shall be payable by the Allottee as and when demanded by the Promoter.
(v) The Total Price of the Said Unit does not include Marketing Charges and Possession Charges which
are not confirmed/quantifiable/has not been quantified on the date of booking/this Agreement, shall
be payable by the Allottee as and when demanded by the Promoter.

1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay,
due to increase on account of Development Charges payable to the Governmental Authority from
time to time and/or any other increase in Taxes and Cesses, other charges/costs/duties/fees/levies,
etc which may be levied or imposed by the Governmental Authority from time to time, even if
retrospective in effect or in terms of 1.2 (iv) above. The Promoter hereby undertakes and agrees that
while raising a demand on the Allottee for increase in Development Charges payable to the
Governmental Authority and/or any other increase in Taxes and Cesses, other
charges/costs/duties/fees/levies, etc the Promoter shall enclose the said
notification/order/rule/regulation along with the demand letter being issued to the Allottee. Provided
that if there is any new imposition or increase in Development Charges and/or any other increase in
Taxes and Cesses, other charges/costs/duties/fees/levies, etc after the expiry of the scheduled date
of completion of the Project as per registration with the Authority, which shall include the extension
of registration, if any, granted to the Project by the Authority as per the Act, the same shall not be
charged from the Allottee.

1.4 The Allottee shall make the payment as per the payment plan set out in Schedule ‘D’ (“Payment
Plan”).

Advance India Projects Limited 8

(Authorized Signatory)
__________

1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by
the Allottee by discounting such early payments at the rates notified by the Promoter from time to
time for the period by which the respective installment has been preponed. The provision for allowing
rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an
Allottee by the Promoter and availed by the Allottee, unless agreed upon by the Allottee.

1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned building
plans and Specifications, Amenities and Facilities of the Said Unit and of the Project as mentioned in
Schedule ‘C’ in respect of the Said Unit except as per the provisions of the Act and Rules made
thereunder or as per approvals/instructions/guidelines of the Governmental Authority or due to
Force Majeure. Provided that, the Promoter may make such additions or alterations as may be required
by the Allottee, or such changes or alterations as per the provisions of the Act and Rules made
thereunder or as per approvals/instructions/guidelines of the Governmental Authority.

If the Promoter is required to make any additional/upgraded provisions, over and above those
required as per the existing Applicable Law(s), due to any change in the Applicable Law(s), then the
Promoter shall be entitled to raise the demand of such additional amount as additional costs and
charges and the Allottee hereby agrees to pay the same.

1.7 The Promoter shall confirm the Carpet Area that has been allotted to the Allottee after the
construction of the Said Unit is complete and the occupation certificate/part occupation certificate
(as the case may be) is granted by the competent authority, by furnishing details of the changes, if any,
in the Carpet Area. The Total Price payable for the Carpet Area shall be recalculated upon
confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund
the excess money paid by Allottee within 90 (ninety) days with annual interest at the rate prescribed
in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any
increase in the Carpet Area, which is not more than 5% (five percent) of the Carpet Area of the Said
Unit allotted to the Allottee, the Promoter may demand that from the Allottee as per the next
milestone of the Payment Plan as set out in Schedule ‘D’. All these monetary adjustments shall be
made at the same rate as agreed in Clause 1.2 of this Agreement.

1.8 Subject to Clause 9.3, the Promoter hereby agrees and acknowledges, the Allottee shall have the right
to the Said Unit as mentioned below:
(i) The Allottee shall have exclusive ownership of the Said Unit subject to the terms of this Agreement;
(ii) The Allottee shall also have a right in the Common Areas as provided under Rule 2(1)(f) of the Rules.
The Allottee shall use the Common Areas along with other occupants, maintenance staff, etc., without
causing any inconvenience or hindrance to them. It is clarified that the Promoter shall hand over the
common areas to the Association of Allottees/ competent authorities after duly obtaining the
occupation certificate / part completion/ completion certificate from the competent authority as
provided under Rule 2(1)(f) of the Rules.
(iii) The Allottee has the right to visit the Project site to assess the extent of development of the Project
and the Said Unit, subject to feasibility/guidelines/timings as may be decided by the Promoter.

Advance India Projects Limited 9

(Authorized Signatory)
__________

1.9 The Promoter hereby agrees to pay all outstanding payments before executing the Conveyance Deed
of the units to the allottees, which it has collected from the allottees, for the payment of such
outstanding (including land cost, ground rent, municipal or other local taxes/charges/levies, etc.,
charges for water or electricity, maintenance charges, including mortgage loan and interest on
mortgages or other encumbrances and such other liabilities payable to Governmental Authority, banks
and financial institutions, which are related to the Project). If the Promoter fails to pay all or any of
the outstanding(s) collected by it from the allottees or any liability, mortgage loan and interest thereon
before transferring the apartment to the allottees and, the Promoter hereby agrees to be liable, even
after the execution of the Conveyance Deed of the Said Unit, to pay such outstanding(s) and penal
charges, if any, to the authority or person to whom they are payable and be liable for the cost of any
legal proceedings which may be taken therefor by such authority or person.

1.10 The Allottee has, at the time booking, paid an amount of Rs. ___________/- (___________)
inclusive of Taxes and Cesses being part payment towards the Total Price of the Said Unit, the receipt
of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price
of the Said Unit as prescribed in the Payment Plan as set out in Schedule ‘D’ as may be demanded
by the Promoter within the time and in the manner specified therein. The Allottee understands and
acknowledges that 10% of the Total Price of the Said Unit is the Earnest Money (“Earnest Money”).

Provided that if the Allottee delays payment towards any amount which is payable to the Promoter,
the Allottee shall be liable to pay interest at the rate prescribed in the Rule 15 of the Rules.

1.11 The Allottee understands and agrees that all efforts shall be made to receive and distribute bulk supply
of electrical energy in the Project, and the Allottee hereby agrees to abide by all the conditions of
sanction of bulk supply. In such case, Allottee shall not apply for individual/direct electrical supply
connection to any authority responsible for supply of the same. The Allottee hereby undertakes to
pay proportionate share as demanded by the Promoter of all deposits and charges paid/payable to any
authority/commission/regulator/licensing authority for the same.

2. MODE OF PAYMENT:

2.1 Subject to the terms of the Agreement and the Promoter abiding by the construction/development
milestones, the Allottee shall make all payments, on written demand by the Promoter, within the
stipulated time as mentioned in the Payment Plan as set out in Schedule ‘D’ through A/c Payee
cheque/demand draft/bankers cheque or online payment (as applicable) in favour of ‘AIPL
Autograph Master Escrow Account’ payable at Gurugram. All payments shall be subject to
realization.

2.2 That the Allottee, after allotment of the Said Unit and execution of this Agreement, may at its option
raise finance or loan for purchase of the Said Unit. The Allottee hereby acknowledges and agrees
that getting the loan/finance sanctioned and disbursed shall be the obligation of the Allottee and
the allotment is not incumbent upon such loan/finance facility. In the event of the Allottee’s loan
not being sanctioned/disbursed or the same gets delayed for any reason whatsoever, the payment

Advance India Projects Limited 10

(Authorized Signatory)
__________

to the Promoter as per payment plan opted by the Allottee shall not be delayed by the Allottee and
the Allottee’s obligation to make timely payments shall not be contingent upon the Allottee obtaining
such loan/finance. The Allottee hereby confirms and agrees that delay in sanction/disbursement or
non-sanction of the loan to the Allottee shall not be a ground for delay in payment of the
outstanding dues by the Allottee to the Promoter, and any such delays may result in levy of interest
by the Promoter or cancellation of allotment as per the terms of this Agreement. In cases of any
default or circumstances, resulting in refund, if any, such refund shall be made by the Promoter as per
the instructions of such financial institution/bank and the same shall be considered as a refund to the
Allottee. No other claim, monetary or otherwise shall lie against the Promoter and the Said Unit.
Further for the Allottee, who has opted for arrangement with any financial institutions/banks, the
Conveyance Deed of the Said Unit in favour of the Allottee shall be executed only upon the
Promoter receiving no objection certificate (NOC) from such financial institutions/bank. It has
been agreed and undertaken by the Allottee that the Promoter shall not have any financial
obligation/liability towards such financial institutions/banks, etc. and the Allottee shall always keep
the Promoter fully indemnified and harmless against the same.

3. COMPLIANCE OF APPLICABLE LAW(S) RELATING TO REMITTANCES:

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

3.2 The Promoter accepts no responsibility in regard to matters specified in Clause 3.1 above. The Allottee
shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change
in the Residential/Citizenship status of the Allottee, in terms of Applicable Law(s), subsequent to the
signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in
writing to the Promoter immediately and comply with all necessary formalities as specified and under
the Applicable Law(s).

3.3 The Promoter shall not be responsible towards any thirdparty making payment/remittances on behalf
of any Allottee and such third party shall not have any right in the application/allotment of the Said
Unit applied for herein in any way and the Promoter shall be issuing the payment receipts in favour
of the Allottee only. All payments from third party(ies) are to be accompanied with NOC’s as per the

Advance India Projects Limited 11

(Authorized Signatory)
__________

approved format of the Promoter failing which the same maybe liable to be rejected and returned
directly to said third party.

4. ADJUSTMENT/APPROPRIATION OF PAYMENTS:

The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any
head(s) of dues against lawful outstanding of the Allottee against the Said Unit, if any, in his/her name
and the Allottee hereby undertakes not to object/demand/direct the Promoter to adjust his payments
in any specific manner.

5. TIME IS ESSENCE:

The Promoter shall abide by the time schedule for completing the Project, handing over the
possession of the Said Unit, , to the Allottee (which for the purpose of this Agreement shall mean
issuance of Notice of Offer of Possession of the Unit by the Promoter to the Allottee) and the
Common Area to the association of allottees or the Governmental Authority, as the case may be, as
provided under Rule 2 (1) (f) of Rules 2017 by 08.04.2026 or as disclosed at the time of registration
of the Project with the Authority or such extended period as may be intimated and approved by
Authority from time to time. The completion of the Project shall mean grant of Occupation
Certificate/ Completion Certificate for the Said Project. It is agreed between the Parties that for the
purpose of this Agreement “handing over the possession of the Said Unit” shall mean issuance of
Notice of Offer of Possession of the Unit (defined hereinafter) by the Promoter to the Allottee.

However, in case the regular development/construction of the Project is adversely


impacted/hampered/stopped, including but not limited to complete stoppage of work or partial
stoppage of work, due to fire, earthquake, tempest, flood, lightning, violence/ war or any army or
mob or enemies of the country or by any other irresistible force, strike, ban/ restrictions imposed by
NGT or any statutory authority under any Applicable law(s), Epidemic, Pandemic, lockdown declared
by the Central/State Government due to any epidemic/pandemic, and/or any situation beyond the
reasonable control of the Promoter (hereinafter referred to as “Force Majeure”), the Allottee agrees
that the Promoter shall be entitled to the extension of time for delivery of possession of the Said Unit.
The completion of the Said Unit/ Project shall mean grant of Occupation Certificate/ Completion
Certificate for the Said Unit/Project.

6. CONSTRUCTION/DEVELOPMENT OF THE PROJECT:

The Allottee has seen the layout plan/demarcation-cum-zoning/floor plan/site plan/building plan,
Specifications, Amenities, Facilities, etc. depicted in the advertisement/brochure/agreement/website
(as the case may be) regarding the Project where the Said Unit is located and has accepted the floor/site
plan, payment plan and the Specifications, Amenities, Facilities, etc. (annexed along with this
Agreement) which floor/site plan has been approved by the Governmental Authority, as represented
by the Promoter.

Advance India Projects Limited 12

(Authorized Signatory)
__________

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

7. POSSESSION OF THE SAID UNIT:

7.1 Schedule for possession of the Said Unit - The Promoter agrees and understands that timely
delivery of possession of the Said Unit to the Allottee and the common areas to the association of
allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of the Rules
is the essence of the Agreement.

The Promoter assures to hand over possession of the Said Unit as per agreed terms and conditions
unless there is a delay due to Force Majeure, Court orders, Government Policy/ guidelines, decisions
affecting the regular development of real estate Project. If, the completion of the Project is delayed
due to the above conditions then the Allottee agrees that the Promoter shall be entitled to the
extension of time for delivery of possession of the Said Unit.

The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to
implement the Project due to Force Majeure and above-mentioned conditions, then this allotment
and Agreement shall stand terminated and the Promoter shall refund to the Allottee, the entire amount
received by the Promoter from the Allottee within 90 (ninety) days. The Promoter shall intimate the
Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the
money paid by the Allottee, the Allottee agrees that the Allottee shall not have any rights, claims, etc.
against the Promoter and that the Promoter shall be released and discharged from all its obligations
and liabilities under this Agreement.

7.2 Procedure for taking possession of the Said Unit - The Promoter, upon obtaining the grant of
Occupation Certificate by 08.04.2026 or as may be further extended/ amended by the RERA
authority, in respect of the Project, shall offer in writing the possession of the Said Unit within 3
(three) months from the date of receipt of such approval, to the Allottee as per terms of this
Agreement (“Notice of Offer of Possession of the Said Unit”).

The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any
of the provisions, formalities, documentation on part of the Promoter. Further, the Allottee agrees to
inspect the Said Unit prior to taking possession, so that in the event of any incomplete works or
defects, the same can be resolved by the Promoter. If the Allottee neglects or otherwise fails to do so,
the Allottee shall not be entitled to make any such claim at any point thereafter.

Advance India Projects Limited 13

(Authorized Signatory)
__________

The Allottee agrees that if it fails, ignores or neglects to take the possession of the Said Unit in
accordance with the Notice of Offer of Possession of the Said Unit sent by the Promoter, the Allottee,
besides payment of maintenance charges, shall also be liable to pay holding charges per month
(“Holding Charges”) as determined by the Promoter, Association of allottees/ competent authority,
as the case may be.

The Promoter shall provide inspection (on demand) of Occupation Certificate at the time of
conveyance of the Said Unit. The Allottee, at the time of taking possession, agree(s) to pay the
maintenance charges and Holding Charges.

7.3 Failure of Allottee to take possession of the Said Unit - Upon receiving a written intimation from
the Promoter as per Clause 7.2 above, the Allottee shall take possession of the Said Unit within the
timeline specified in the Notice of Offer of Possession of the Said Unit by executing necessary
indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and
the Promoter shall give possession of the Said Unit to the Allottee as per terms and conditions of this
Agreement.

In case the Allottee fails to comply with the essential documentation, undertaking, etc. or fails to take
possession within the time specified herein, the Allottee shall continue to be liable to pay maintenance
charges and holding charges as specified in Clause 7.2, with effect from the date of Notice of Offer
of Possession of the Said Unit.

7.4 Possession by the Allottee: After obtaining the occupation certificate/part occupation certificate (as
the case may be) of the Project and handing over the physical possession of the Said Unit to the
Allottee, it shall be the responsibility of the Promoter to hand over the necessary documents and plans
and common areas to the association of allottees or the competent authority, as the case may be.

7.6 Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the
Project as provided in the Act:

Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of
the Promoter, the Promoter herein is entitled to forfeit the Earnest Money, interest component on
delayed payment and non-payment of any due payable to the Promoter. The rate of interest payable
by the Allottee to the Promoter shall be the State Bank of India highest marginal cost of lending rate
plus 2% (two percent). The balance amount of money paid by the Allottee shall be returned by the
Promoter to the Allottee within 90 (ninety) days of such cancellation.

7.7 Compensation – The Promoter shall compensate the Allottee in case of any loss caused to the Allottee
due to defective title of the Said Land, on which the Project is being developed, in the manner as
provided under the Act.

Except for occurrence of “force majeure”, court orders, government policy/guidelines, decisions, if
the Promoter fails to complete or unable to give possession of the Said Unit to the Allottee:

Advance India Projects Limited 14

(Authorized Signatory)
__________

(i) in accordance with the terms of this Agreement, duly completed by the date specified in this
Agreement; or
(ii) due to discontinuance of Promoter’s business as a developer on account of suspension or revocation
of the registration under the Act, or for any other reason; the Promoter shall be liable, on demand by
the Allottee, in case the Allottee wishes to withdraw from the Project, without prejudice to any other
remedy available, to return the total amount received by the Promoter in respect of the Said Unit, with
interest at the rate prescribed in the Rules including compensation in the manner as provided in the
Act, within 90 (ninety) days of it becoming due.

Provided that if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the
Allottee interest at the rate prescribed in the Rules for every month of delay, till the issuance of the
Notice of Offer of Possession of the Said Unit which shall be paid by the Promoter to the Allottee
within 90 (ninety) days of it becoming due.

8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:

The Promoter hereby represents and warrants to the Allottee as follows:


(i) The Promoter has absolute, clear and marketable title with respect to the Said Land and the Promoter
has requisite rights to carry out development upon the Said Land and absolute, actual, physical and
legal possession of the Said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authority to carry out
development of the Project;
(iii) There are no encumbrances upon the Said Land or the Project, except as disclosed in this Agreement;
(iv) All approvals, licenses, sanctions and permissions issued by the competent authority with respect to
the Project or phase(s), as the case may be, as well as for the Said Unit being sold to the Allottee are
valid and subsisting and have been obtained by following due process of Applicable Law(s).
(v) Further, the Promoter has been and shall at all times remain to be in compliance with all Applicable
Law(s) in relation to the Project or phase(s), as the case may be, as well as for the Said Unit and for
common areas as provided under Rule 2(1)(f) of the Rules;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform
any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially
be affected;
(vii) The Promoter has not entered into any agreement for sale and/or or any other agreement
/arrangement with any person or party with respect to the Said Land on which Project is being
developed which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter has not entered into any agreement for sale and/or development agreement or any
other agreement /arrangement with any person or party with respect to the Project and the Said Unit
which will, in any manner, affect the rights of Allottee under this Agreement;
(ix) The Promoter hereby confirms that the Promoter is not restricted in any manner whatsoever from
selling the Said Unit to the Allottee in the manner contemplated in this Agreement;

(x) At the time of execution of the Conveyance Deed, the Promoter shall handover possession of the
Said Unit to the Allottee;
(xi) The Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor
and/or no minor has any right, title and claim over the Said Land;
(xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates,
charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the said Project to the competent authority till
the date of Notice of Offer of Possession of the Said Unit;

Advance India Projects Limited 15

(Authorized Signatory)
__________

(xiii) No notice from the competent authority or any other local body or authority or any legislative
enactment, government ordinance, order, notification (including any notice for acquisition or
requisition) has been received by or served upon the Promoter in respect of the Said Land and/or the
Project.

9. EVENTS OF DEFAULTS AND CONSEQUENCES:

9.1 Subject to Force Majeure, Court orders, Government Policy/ guidelines decisions, any delay by
Governmental Authority, the Promoter shall be considered under a condition of default, in the
following events:
(a) Promoter fails to offer possession of the Said Unit to the Allottee within the time period specified in
this Agreement or fails to complete the Project within the stipulated time disclosed at the time of
registration of the Project with the Authority. For the purpose of this Clause, the Said Unit offered
for possession shall be complete in all respects as per the Specifications, Amenities and Facilities as
mentioned in Schedule ‘C’ as agreed to between the Parties, and for which Occupation Certificate
has been issued by the Governmental/ competent Authority.
(b) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of
its registration under the provisions of the Act or the rules or regulations made thereunder.

9.2 In case of Default by the Promoter under the conditions listed above, Allottee is entitled to the
following:
(a) Stop making further payments to the Promoter as demanded by the Promoter. If the Allottee stops
making payments, the Promoter shall correct the situation by completing the
construction/development milestones and only thereafter the Allottee be required to make the next
payment without any interest for the period of such delay; or
(b) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be
liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase
of the Said Unit, along with interest at the rate prescribed in the Rules, within 90 (ninety) days of
receiving the termination notice:

Provided that if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the
Allottee interest at the rate prescribed in the Rules for every month of delay, till handing over of the
possession of the Said Unit (which for the purpose of this Agreement shall mean issuance of Notice
of Offer of Possession of the Said Unit by the Promoter to the Allottee), which shall be paid by the
Promoter to the Allottee within 90 (ninety) days of it becoming due. The interest shall be inclusive of
all Taxes and Cesses whatsoever payable or due on the interest. All payments made to the Allottee
shall be subject to applicable tax deduction at source as per the provisions of the Income Tax Act.

9.3 The Allottee shall be considered under a condition of Default, on the occurrence of the following
events:
(a) In case the Allottee fails to make payment for 2 (two) consecutive demands made by the Promoter as
per the Payment Plan annexed hereto or any other amount due and payable by the Allottee to the
Promoter as per the terms of this Agreement, despite having been issued notice in that regard, the

Advance India Projects Limited 16

(Authorized Signatory)
__________

Allottee shall be liable to pay interest to the Promoter on the unpaid amount at the rate prescribed in
the Rules;
(b) Breach of any terms and conditions stipulated in this Agreement;
(c) In case of Default by Allottee under the condition listed above continues for a period beyond 90
(ninety) days after notice from the Promoter in this regard, the Promoter may cancel the Allotment
of the Said Unit in favour of the Allottee and refund the money paid to the Promoter by the Allottee
by forfeiting the Earnest Money, interest component on delayed payment and non-payment of any
due payable to the Promoter. The rate of interest payable by the Allottee to the Promoter shall be the
State Bank of India highest marginal cost of lending rate plus 2% (two percent). Subject to Clause 2.2,
the balance amount of money paid by the Allottee shall be returned by the Promoter to the Allottee
within 90 (ninety) days of such cancellation. On such default, the Agreement and any liability of the
Promoter arising out of the same shall thereupon stand terminated. Provided that the Promoter shall
intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

10. CONVEYANCE OF THE SAID UNIT:

The Promoter, on receipt of the Total Price of the Said Unit and/or other sums due under the
Agreement, shall execute a Conveyance Deed of the Said Unit in favour of the Allottee, preferably
within 3 (three) months but not later than 6 (six) months from the date of Notice of Offer of
Possession of the Said Unit or date of issuance of Occupancy Certificate, whichever is later, provided
that, the Said Unit is equipped with all the Specifications, Amenities, Facilities as per the agreed terms
and conditions. In case the Allottee has availed of a loan, the Conveyance Deed shall be executed only
upon receipt of NOC from such financial institution /bank and original Conveyance Deed shall be
handed over to/collected by such financial institution /bank.

However, in case the Allottee fails to deposit the stamp duty and/or registration charges, other
ancillary charges or any other amounts specified in this Agreement payable at the time of handover,
within the period mentioned in the date of Notice of Offer of Possession of the Said Unit, the Allottee
authorizes the Promoter to withhold registration of the Conveyance Deed and possession in Allottees
favour, till such stamp duty, registration charges, other ancillary charges or any other amounts
specified in this Agreement are paid by the Allottee to the Promoter.

The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp
Act, 1899 including any actions taken or deficiencies/penalties imposed by the Governmental
Authority.

11. MAINTENANCE OF THE SAID UNIT/PROJECT:

11.1 The Promoter shall, either itself or through third party, be responsible to provide maintenance services
in the Project till the taking over of the maintenance of the Project by the association of allottees or
competent authority, as the case maybe upon the issuance of the occupation certificate/part thereof
of the Said Unit/Project, part completion certificate/completion certificate of the Project, as the case
may be. The Allottee shall execute necessary maintenance agreement in this regard as and when called
upon by Promoter and in any case before execution of Conveyance Deed/handover of possession.

Advance India Projects Limited 17

(Authorized Signatory)
__________

The cost of such maintenance has not been included in the Total Price of the Said Unit and shall be
demanded/charged and deposited/paid based on then prevailing costs. The Allottee hereby agrees
and undertakes to execute separate maintenance agreement with the Promoter/maintenance
agency/association of allottees and further undertakes to abide by the terms and conditions of such
maintenance agreement. The Allottee hereby agrees and undertakes to pay the maintenance bills on
or before due date as intimated by the Promoter/maintenance agency/association of allottees. It is
clearly understood by the Allottee that the payment of maintenance charges is over and above the
Total Price of the Said Unit.

11.2 In order to secure adequate provision of the maintenance services and due performance of the Allottee
in promptly paying the maintenance bills and other charges as raised by the Promoter/maintenance
agency/association of allottees, the Allottee hereby agrees to deposit, as per the Payment Plan as set
out in Schedule ‘D’ and to always keep deposited an interest free maintenance security deposit
(“IFMSD”) with the Promoter/maintenance agency. The Allottee shall be bound to make further
contributions to the IFMSD as and when any demand of the same is raised by the
Promoter/maintenance agency/association of allottees. Whenever applicable, the Allottee shall also
be liable to make payment in respect of special capital equipment meant for the common benefit or
use of all the occupants of the Project or for any other facilities as may be required in general or as
specified by the competent authority.

11.3 As and when, any plant & machinery within the Project Complex including but not limited to lifts,
DG sets, Electric Sub-station, Electric Switching-Station, pumps, fire-fighting equipment, or any other
plant or equipment of capital nature, etc., require replacement, up-gradation, additions, etc., the cost
thereof shall be contributed by the Allottee on pro-rata basis i.e. to the Carpet Area of the Said Unit
to the total Carpet Area of the Project or alternatively the Promoter/maintenance agency/association
of allottees shall have the option to meet these costs from IFMS deposited by the Allottee (along with
the interest accrued thereon, if any). The Promoter/maintenance agency/association of allottees shall
have the sole authority to decide the necessity of such replacement, upgradation, addition, etc.,
including its timing or cost thereof. The Allottee shall also make contribution to the sinking fund, if
any, in the Project.

12. DEFECT LIABILITY:

It is agreed that in case any structural defect or other defect in workmanship, quality, provision of
services, or any non-provision of services as per this Agreement is brought to the notice of the
Promoter within a period of 5 (five) years from the date of Notice of Offer of possession of the Unit
by the Allottee, it shall be the duty of the Promoter to rectify such defects without further charge,
within 90 (ninety) days, and in the event of Promoter’s failure to rectify such defects within such time,
the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided
under the Act.

Provided that, the Promoter shall not be liable for any such structural/architectural defect induced by
the Allottee, by means of carrying out structural or architectural changes from the original
specifications/design.

13. RIGHT TO ENTER THE SAID UNIT FOR REPAIRS AND MAINTENANCE WORKS:

Advance India Projects Limited 18

(Authorized Signatory)
__________

The Promoter/maintenance agency/association of allottees/competent authority shall have the right


of access to common areas, parking spaces for providing necessary maintenance services, and the
Allottee hereby agrees to permit the Promoter/association of allottees/maintenance
agency/Competent authority to enter into the Said Unit, after giving due notice , during the normal
working hours, unless the circumstances warrant otherwise, with a view to undertake repair/defects
and maintenance works.

14. USAGE:

Subject to the terms of this Agreement:

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

15. GENERAL COMPLIANCE WITH RESPECT TO THE SAID UNIT:

Subject to the terms of this Agreement:

15.1 The Allottee shall, after taking possession of the Said Unit, be solely responsible to maintain the Said
Unit at the Allottee’s own cost, in good repair and condition and shall not do or suffer to be done
anything in or to the building, or the Said Unit, or the staircases, lifts, common passages, corridors,
circulation areas, atrium or the compound which may be in violation of Applicable Law(s) or rules of
Competent authority or change or alter or make additions to the Said Unit. The Allottee shall keep
the Said Unit, its walls and partitions, sewers, drains, pipe and appurtenances thereto or belonging
thereto, in good and tenantable condition, and maintain the same in a fit and proper condition, and
ensure that the support, shelter, etc. of the building is not in any way damaged or jeopardized.

15.2 The Allottee/association of allottees further undertakes, assures and guarantees that the
Allottee/association of allottees would not put/install any sign-board/name-plate, antenna and/or
other telecommunication or other communication equipment, neon light, publicity material or
advertisement material, etc. on the rooftop/terrace/face/facade of the Tower/building/Project/Said
Unit anywhere on the exterior of the Said Unit/common areas except by the prior written sanction of
the Promoter/maintenance agency and at only such places as may be earmarked for such purpose.
The Allottee shall also not change the colour scheme of the outer walls or painting of the exterior side
of the windows or carry out any change in the exterior elevation or design. Further, the
Allottee/association of allottees shall not store any hazardous or combustible goods in the Said Unit
or place any heavy material in the common passages or staircase of the building. The
Allottee/association of allottees shall ensure that they will not create any hindrance by way of locking,
blocking, parking or in any other manner in the passage or access or common areas which otherwise
are available for free access. The Allottee/association of allottees shall also not remove any wall,
including the outer and load bearing wall of the Said Unit.

Advance India Projects Limited 19

(Authorized Signatory)
__________

15.3 The Promoter shall have the right to give on lease or hire any part of the roof top/terraces above the
top floor of the Tower/building, for any purpose including but not limited to installation and
operation of antenna, satellite dishes, communication towers, other communication equipment or to
use/hire/lease the same for advertisement purposes and the Allottee shall not have a right to object
or cause any hindrance to the same or make any claims on this account.

15.4 The Allottee shall plan and distribute its electrical load in conformity with the electrical systems
installed by the Promoter.

15.5 The Allottee further undertakes, assures and guarantees that the Allottee would use the full name of
the Project i.e. “AIPL Autograph” on all communications, etc.

15.6 The Allottee shall be responsible for any loss or damages arising out of breach of any of the aforesaid
conditions.

15.7 The Allottee shall not use the Said Unit for any purpose other than for the purposes provided under
this Agreement and shall use the same in a manner that does not cause nuisance or annoyance to other
occupants of the Project. Use of the Said Unit shall not be against public policy or for any unlawful,
illegal or immoral purposes or for any temporary or permanent storage of any hazardous, toxic,
combustible or inflammable materials and chemicals regardless of the occupation, business enterprise
or trade of the Allottee/occupant. The Allottee or the occupant shall not do or permit anything to be
done within or around the Said Unit for any purpose which is likely to cause any damage to any
flooring, wall or ceiling of the Said Unit or to any unit above, below or adjacent to the Said Unit or
anywhere in the Project or which in any manner interferes with or obstructs the use of spaces,
passages, corridors or other amenities available for common use and common purposes. The Allottee
hereby agrees and confirms to indemnify the Promoter against any penal action and liability, damage
or loss due to misuse for which the Allottee/occupant shall be solely liable and responsible under
Applicable Law(s) and equity. If the Allottee uses or permits use of the Said Unit for any purpose
other than as stated herein or otherwise for any illegal or unlawful purpose, the Promoter shall be
entitled to cancel this Agreement and repossess the Said Unit besides pursuing such other remedies
as may be available to the Promoter under Applicable Law(s).

15.8 The Allottee hereby agrees not to fix or install air conditioners or heating units or any other equipment
in the Said Unit or outside the Said Unit (except at designated places in the Said Unit for such
installation, provided such places for equipment installations are specified and permitted by the
Promoter/maintenance agency) or anything that in any manner alters, changes or otherwise modifies
the external façade of the Said Unit.

15.9 The Allottee shall take prior written permission from the Promoter/maintenance agency/association
of allottees about all interior works proposed to be undertaken inside the Said Unit. The Allottee shall
adhere to all fire and other safety regulations including the structural integrity of the tower/building
in which the Said Unit is situated and shall not exceed electrical loads beyond the allocated limits. The
Promoter/maintenance agency/association of allottees reserves its right to inspect all interior works
and may where required, direct and require the Allottee to undertake such modifications or changes
in the interior works as may be necessary to ensure compliance with this Clause. Failure of the Allottee
to abide by this Clause or to meet any directions or requirements of the Promoter/maintenance agency
in this regard shall be deemed to mean an Event of Default by the Allottee within the meaning of this
Agreement.

Advance India Projects Limited 20

(Authorized Signatory)
__________

15.10 The Allottee hereby undertakes and agree to carry out only the business of permitted activity and
assures that it shall be bound by the stipulations imposed by DGTCP and the terms and conditions
broadly set out herein or those imposed by any Competent authority.

15.11 The Allottee shall be entitled to put up signage, name, sign board, publicity or advertisement material
at only such places as may be earmarked by the Promoter/maintenance agency for such purpose. Save
and except as aforesaid, the Allottee hereby agrees that it will not put up any name or sign board,
publicity or advertisement material on the external facade of the Project or tower or building or Said
Unit or anywhere in the common areas of the Project without the prior written permission of the
Promoter/maintenance agency. Further, the Allottee shall also be liable to pay charges, as applicable
in the respect of signage(s), to the Promoter/maintenance agency along with any Taxes and Cesses
that may be imposed by any Competent authority for putting any signage on the external façade of
the Said Unit/Tower/building/Project or in the atrium.

15.12 The Allottee shall be allowed to put up its name in the building directory at the Ground Floor lobby
and signage/name board at the entrance door of the Said Unit. However, the shape, location and size
of any such signage/name board shall be subject to approval of Promoter/maintenance agency and
Applicable Law(s).

16. COMPLIANCE OF APPLICABLE LAW(S), NOTIFICATIONS, ETC. BY THE PARTIES:

The Parties are entering into this Agreement for the allotment of a Said Unit with the full knowledge
of all Applicable Law(s), rules, regulations, notifications applicable in the State of Haryana pertaining
to the Project.

17. ADDITIONAL CONSTRUCTIONS:

The Promoter hereby undertakes that it has no right to make additions or to put up additional
structure(s) anywhere in the Project /permissions/directions or sanctions by competent authority.

The Allottee hereby unequivocally agrees and consents that the Promoter shall have the sole right to
the complete exclusion of the Allottee, to make additions or alterations over or about the Said Unit,
the Project and/or to raise additional stories and/or to raise additional and further constructions and
structures and/or construct additional area over or about the Said Unit, the Project including any open
areas and/or terraces and roofs at any time or from time to time whether during the course of
construction and completion of the Project and/or any time thereafter. All such additional areas
built/constructed becoming available, shall be the sole and exclusive property of the Promoter and
the Promoter shall be fully entitled to deal with or dispose off the same in any manner whatsoever the
Promoter may in their sole discretion consider fit and proper and the Allottee shall not be entitled to
interfere or raise any objection whatsoever in respect of the same. It is also hereby expressly agreed
that the Promoter shall be entitled to lease/sell any other space or premises in the Project to any user
in its sole discretion and as may be permitted by the Competent authority and the Allottee shall not
object to the use of the said spaces/premises for the same by the respective buyers/lessees thereof.

18. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE:

The Promoter has raised a term loan from IDBI Trusteeship Services Limited for general corporate
purposes and construction and development expenses for the Project, and in order to secure the said
term loan, the Said Land along with all present and future assets of the Project including receivables

Advance India Projects Limited 21

(Authorized Signatory)
__________

therefrom have been mortgaged in favour of IDBI Trusteeship Services Limited acting as security
trustee for the benefit of IDBI Trusteeship Services Limited.

The financial institution/ bank shall always have the first lien/ charge on the Said Unit before
execution of Conveyance Deed for all its dues. The Promoter confirms that the Promoter shall remove
encumbrance on the Said Unit, if any, on account of creation of such mortgage/ charge in favour of
IDBI Trusteeship Services Limited acting as security trustee for the benefit of IDBI Trusteeship
Services Limited, at the time of execution of the Conveyance Deed of the Said Unit in favour of the
Allottee.

19. APARTMENT OWNERSHIP ACT:

The Promoter has assured the Allottee that the Project in its entirety is in accordance with the
provisions of the Haryana Apartment Ownership Act, 1983 and its rules, other Applicable Law(s),
Rules and Regulations/bye laws, instructions/guidelines and decisions of Competent authority
prevalent in the State of Haryana. The Promoter hereby is showing the detail of various compliance
of above as applicable:-

(a) Licence no. License no. 112 of 2012 dated 02.11.2012 and further renewed vide Memo No. LC-2403-
JE(VA)-2021/9015 dated 05.04.2021.
(b) Permission for change of developer in favour of the Promoter vide Endst. No. LC-1313-II-
JE(VA)/2019/11831 dated 14.05.2019.
(c) In principal approval for change of developer and transfer of Project License in favour of the
Promoter vide Memo. No. LC-2403-JE(VA)/2021/9025 dated 05.04.2021.
(d) Zoning plan approval vide DRG. No. DG, TCP-3503 dated 02-11-2012.
(e) Height Clearance from Airport Authority of India dated 14.03.2018.
(f) Building plan from DGTCP vide Memo No. ZP-932/AD(RA)/2021/9416 dated 09.04.2021.
(g) RERA registration no. 49 of 2021 dated 10.09.2021.

20. BINDING EFFECT:

By just forwarding this Agreement to the Allottee by the Promoter, does not create a binding
obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this
Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within
30 (thirty) days from the date of receipt of this Agreement by the Allottee. Secondly, the Allottee and
the Promoter have an obligation to execute the Agreement and also register the said Agreement as
per the provision of the relevant Act of the State of Haryana, at the cost and expenses of the Allottee.

If the Allottee fails to execute and deliver to the Promoter, this Agreement within 30 (thirty) days
from the date of its receipt by the Allottee and also fails to register the said Agreement, as per
intimation by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the
default, which if not rectified within 60 (sixty) days from the date of its receipt by the Allottee,
application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in
connection therewith including the Booking Amount shall be returned to the Allottee without any
interest or compensation whatsoever. If, however after giving an fair opportunity to the Allottee to
get this Agreement executed, the Allottee does not come forward or is incapable of executing the
same, then in such a case, the Promoter has an option to forfeit 10% of Earnest Money.

21. REGISTRATION OF THE AGREEMENT:

Advance India Projects Limited 22

(Authorized Signatory)
__________

All costs and expenses incidental to the preparation, execution and registration of this Agreement
including the payment of stamp duty and registration fee shall be borne by the Allottee. Further, the
Allottee hereby agrees and confirms that if there is any additional levy on the stamp duty, as a
consequence of any order of Competent authority/statutory or other local authority, the same, if
applicable, shall also be payable by the Allottee.

22. ENTIRE AGREEMENT:

This Agreement and Schedules hereto constitutes the entire agreement among the Parties hereto with
respect to the subject matter hereof and supersedes all prior and contemporaneous correspondence(s),
report(s), project report(s), agreement(s), negotiations, discussion(s), representations(s), promise(s), or
understandings, both written and oral, among the Parties, with respect to the subject matter hereof.
The preamble and recitals to this Agreement shall form an integral part of this Agreement.

23. RIGHT TO AMEND:

This Agreement may only be amended through written consent of the Parties concerned in said
Agreement.

24. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE/SUBSEQUENT


ALLOTTEE(S)/TRANSFEREE(S):

24.1 It is clearly understood and so agreed by and between the Parties hereto that all the provisions
contained herein and the obligations arising hereunder in respect of the Said Unit and parking (if
applicable) and the Project shall equally be applicable to and enforceable against and by any subsequent
allottee(s) of the Said Unit and parking (if applicable) in case of a transfer, as the said obligations go
along with the Said Unit and parking (if applicable) for all intents and purposes. The Allottee shall be
entitled to sell, transfer or assign the Said Unit only upon payment of all outstanding dues by the
Allottee along with interest, payment of administrative charges, transfer charges, execution of standard
documentation of the Promoter and obtaining a No Objection Certificate from the Promoter.

25. WAIVER NOT A LIMITATION TO ENFORCE:

25.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this
Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan as set
out in Schedule ‘D’ including waiving the payment of interest for delayed payment. It is made clear
and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee
shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion
in the case of other allottees.

25.2 Failure on the part of the Parties to enforce at any time or for any period of time, the provisions hereof
shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and
every provision.

26. SEVERABILITY:

If any provision of this Agreement shall be determined to be void or unenforceable under the Act or
the Rules and Regulations made thereunder or under other Applicable Law(s), such provisions of the
Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose
of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made

Advance India Projects Limited 23

(Authorized Signatory)
__________

thereunder or the Applicable Law(s), as the case may be, and the remaining provisions of this
Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement.

27. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER


REFERRED TO IN THE AGREEMENT:

Wherever in this Agreement, it is stipulated that the Allottee has to make any payment, in common
with other allottees in Project, the same shall be the proportion which the Carpet Area of the Said
Unit bears to the total Carpet Area of all the units in the Project.

28. FURTHER ASSURANCES:

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

29. PLACE OF EXECUTION:

The execution of this Agreement shall be complete only upon its execution by the Promoter through
its authorized signatory at the Promoter’s office, or at some other place, which may be mutually agreed
between the Promoter and the Allottee in Gurugram. After the Agreement is duly executed by the
Allottee and the Promoter, the said Agreement shall be registered as per provisions of the Applicable
Law(s).

30. NOTICES:

Any notice, letter, communication, etc. to be made, served or communicated unto the Promoter under
these presents shall be in writing and shall be deemed to be duly made, served or communicated only
if the notice or letter or communication is addressed to the Promoter at the address mentioned above
or such other address as may be intimated by the Promoter in this behalf and sent by registered post
A.D. Similarly, any notice, letter or communication to the Allottee shall be deemed to be made, served
or communicated only if the same in writing is addressed to the above-mentioned address of the
Allottee by registered post A.D.

31. JOINT ALLOTTEES:

That in case there are joint Allottee/more than two Allottee, all communications shall be sent by the
Promoter to the Allottee whose name appears first and at the address given by him/her which shall
for all intents and purposes to consider as properly served on all the Allottees.

32. SAVINGS:

Any application letter, allotment letter, agreement, or any other document signed by the Allottee, in
respect of the Said Unit prior to the execution and registration of this Agreement for Sale for such
Unit, shall not be construed to limit the rights and interests of the Allottee under the Agreement for
Sale or under the Act or the rules or the regulations made thereunder.

33. GOVERNING LAW:

Advance India Projects Limited 24

(Authorized Signatory)
__________

That the rights and obligations of the parties under or arising out of this Agreement shall be construed
and enforced in accordance with the Act and the Rules and Regulations made thereunder including
other Applicable Law(s) prevalent in the State of Haryana for the time being in force.

34. DISPUTE RESOLUTION:

All or any disputes arising out or touching upon or in relation to the terms and conditions of this
Agreement, including the interpretation and validity of the terms thereof and the respective rights and
obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall
be settled through the authority and compensation if any, to be adjudged by the adjudicating officer
under the Act, the rules and regulations made thereunder.

IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this
Agreement for Sale at Gurugram in the presence of attesting witness, signing as such on the day first above
written.

SIGNED AND DELIVERED BY THE WITHIN NAMED:


Allottee: (including joint buyers) Please affix photograph and sign across the photograph

(1) Signature ________________________


Name ___________
Address ___________
Aadhaar No. ___________

(2) Signature ________________________


Name ___________,
Address ___________
Aadhaar No ___________

SIGNED AND DELIVERED BY THE WITHIN NAMED:


PROMOTER:

Please affix photograph and sign across the photograph

(1) Signature (Authorised Signatory) ________


Name ____________________________
Address __________________________
Aadhaar No. _______________________

Advance India Projects Limited 25

(Authorized Signatory)
__________

At Gurugram on __________
in the presence of:

WITNESSES:

1. Signature ___________________________
Name ______________________________
Address ____________________________

2. Signature ___________________________
Name ______________________________
Address ____________________________

Advance India Projects Limited 26

(Authorized Signatory)
__________

Schedule A
Description of the Said Unit

Office Space bearing no. ___________ (which has been allotted to the Allottee) having carpet area of
___________ square meter (___________ square feet), on ___________ floor in Tower-___________ of
the Project AIPL Autograph.

“Carpet Area” means the net usable floor area of the unit excluding the area covered of the external walls,
peripheral columns adjoining walls, areas under services shafts, exclusive balcony or verandah area, exclusive
open terrace area common areas (Staircases, Lifts and Lift lobbies etc.) and services areas (AHU, Electrical
room etc.) but includes the area covered by the external glazing starting from floor/skirting level, internal
columns and internal finishes. It is clarified that wherever the floor is getting sub-divided into smaller offices,
the area for creating the common corridors for access to all the offices and the common washrooms shall
be carved out of the carpet area of the floor.

Explanation: For the purpose of this clause, the expression “exclusive balcony or verandah area” means the
area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of a
unit, meant for the exclusive use of the allottee; and “exclusive open terrace area” means the area of open
terrace which is appurtenant to the net usable floor area of a unit, meant for the exclusive use of the allottee.

In case, as per the terms of the Agreement, the Allottee seeks physical possession of the Said Unit, Carpet
Area shall reduce by such area as is utilized towards creation of partition of the Said Unit to demarcate the
Said Unit as per the demarcation plan provided by the Promoter or maintenance agency, as the case may be.

“Common Areas” shall mean and include:


(i) the entire land for the real estate project.
(ii) the stair ways, lifts, staircase and lift lobbies, fire escapes, and common entrances and exits of
buildings, foundations, columns, girders, beams, supports, main walls, roofs, halls, and corridor
lobbies.
(iii) the common basements, terraces, parks, play areas, open parking areas and common storage spaces.
(iv) installations of central services such as electricity, gas, hot and cold water and sanitation,
refrigeration, air-conditioning and incinerating, system for water conservation and renewable energy.
(v) the water tanks, sumps, motors, fans, compressors, ducts, and all apparatus connected with
installations for common use.
(vi) all other portion of the project necessary or convenient for its maintenance, safety, etc., and in
common use; and
(vii) Service balconies.

Advance India Projects Limited 27

(Authorized Signatory)
__________

Schedule B
Floor Plan of the Said Unit

Advance India Projects Limited 28

(Authorized Signatory)
__________

Schedule C
Specifications, Amenities & Facilities of the Said Unit

a) Air conditioning - Chilled water air conditioning system at desired/designed capacity with Ceiling/Floor
mounted AHU/FCU through central air conditioning plant. However, further works beyond AHU/
FCU to be done by lessee. As per LEED guidelines, VFD’s mandatorily need to be installed in each &
every AHU by respective tenant themselves and VFD shall be with bypass arrangement. Lessee agrees
to pay for fix & other charges for central air conditioning plant which may form a part of the
maintenance charges as decided by the maintenance agency of the project. Low side air distribution
including plenum fire damper (UL certified) along with necessary accessories in tenant/ lessee scope.
a) Firefighting – Sprinkler on true ceiling only, tapping point for further expansion shall be provided,
however further expansion shall be done by allotee/ lessee at their own as per requirements.
b) FA (fire alarm) and PA (public address) system – Smoke detection system on true ceiling only.
Additionally, one monitor module per unit will be provided for integration of the respective unit to the
building fire alarm system. PA system is provided for common areas only.
c) Power supply – Single point power supply @ 4 w per sq. ft. for light and power + AHU load with DG
power back up through post-paid dual source energy meters considering suitable diversity factor.

Project Level:
a) Vertical transportation through lifts
a) CCTV/Security in common areas.
b) Boom barriers.
c) Common Toilets with reputed CP fittings & chinaware.

Advance India Projects Limited 29

(Authorized Signatory)
__________

Schedule D
Payment Plan

Advance India Projects Limited 30

(Authorized Signatory)

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