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AGREEMENT TO SALE

PACIFIC DEVELOPMENT CORPORATION LTD.

PACIFIC

Let's Create Together

PACIFIC DEVELOPMENT CORPORATION LTD. 5th Floor, Pacific Mall, Plot No. 1, Sahibabad Industrial

Area Site –IV, Dr. Burman Marg, Ghaziabad – 201010 (U.P.) Phone : + 91 120 404 4000, 404 4044

www.pacificindia.in

CIN : U74999DL1996PLC077149 GSTIN : 05AAACN3524H3ZS

RERA REGD. NO : UKREP08170000004

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AGREEMENT TO SALE

This agreement to Sale is executed at Dehradun on this __________the day of _____________________2017.

1. M/s DOON CONTAINERS PRIVATE LIMITED a Company registered under the Companies Act, 1956 having its registered office at Ground Floor-42, Pacific Mall, Tagore Garden, Najafgarh Road, New Delhi- 110018, through its Authorized Signatory _________________ son of Shri_________________ vide Board Resolution dated ______________.2. M/s DAMYANTI AGRO FOODS PRIVATE LIMITED a Company registered under the Companies Act, 1956 having its registered office at Ground Floor-42, Pacific Mall, Tagore Garden, Najafgarh Road, New Delhi – 110018, through its Authorized Signatory ______________________________son of _____________________________ vide Board Resolution dated ______________. 3. M/s NAINITAL TECHNOBUILD PRIVATE LIMITED a Company registered under the Companies Act, 1956 having its registered office at Basement, Maintenance office, Pacific mall, opp Scholar Homes, Maujha Jhakhan, Rajpur road, Dehradun, Uttarakhand -248009, through its Authorized Signatory ______________________________son of _____________________________ vide Board Resolution dated ______________. 4. M/s PACIFIC DEVELOPMENT CORPORATION LTD. a Company duly incorporated under The Companies Act 1956 vide No.U74999DL1996PLC077149 at Registrar of Companies, NCT of Delhi and Haryana and having its registered office at Ground Floor-42, Pacific Mall, Tagore Garden, Najafgarh Road, New Delhi – 110018 through its authorized signatory ______________________________son of _____________________________ duly authorized representative of the Company who has been authorized vide Board�s Resolution dated ______________ hereinafter referred collectively to as the “Vendors/ sellers�, which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors-in-interest and assigns of the One Part.

IN FAVOUR OF

Company/ Partnership/ NA

Proprietorship

PAN NA

Office at NA

Through ……………………Designation:…………………..

Authorized vide Resolution dated:………………………....

Email ID NA Mobile No.: NA

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AND / OR

Name

Father/Husband

Name

PAN

Residing at

Having undivided share Email ID Mob. No.:

AND / OR

Name N/A

Father/Husband N/A

Name

PAN N/A

Residing at N/A Having undivided N/A share Email ID Mob. No.:

AND / OR

Name N/A

Father/Husband N/A

Name

PAN N/A

Residing at N/A Having undivided share Email ID Mob. No.:

AND / OR

Name N/A

Father/Husband N/A

Name

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PAN N/A

Residing at N/A Having undivided share Email ID Mob. No.:

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VENDEE (Hereinafter singly / jointly, as the case may be, referred to as the “VENDEE” which expression shall unless repugnant to the context or meaning thereof, be deemed to include his/her heirs, executors, administrators, legal representatives, successors and assigns) of the SECOND PART. WHEREAS the land is situated at Village Marotha, Sahastradhara Road, Deharadun, admeasuring 32.3 Acres (hereafter referred to as the said „land�). The said possession has been granted to the Land Owners by way of various Registered Sale Deeds. WHEREAS the Vendor No.1 is the owner of the land situated at Village Marotha, Pargana, Parwadoon, Tehsil Sadar, Distt. Dehradun through following Sale Deeds registered with the office of Sub-Registrar IV, Dehradun : (i) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 171 to 184 at SI. No. 5142 on date 29.10.2013 (ii) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 203 to 218 at SI. No. 5144 on date 29.10.2013 (iii) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 219 to 232 at SI. No. 5145 on date 29.10.2013 (iv) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 233 to 246 at SI. No. 5146 on date 29.10.2013 (v) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 247 to 260 at SI. No. 5147 on date29.10.2013 (vi) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 261 to 276 at SI. No. 5148 on date 29.10.2013 (vii) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 277 to 292 at SI. No. 5149 on date 29.10.2013 (viii) Vide registered sale deed in Bahi No. 1, Volume No. 978, pages 293 to 306 at SI. No. 5150 on date 29.10.2013 (ix) Vide registered sale deed in Bahi No. 1, Volume No. 979, pages 15 to 28 at SI. No. 5159 on date 30.10.2013 (x) Vide registered sale deed in Bahi No. 1, Volume No. 979, pages 75 to 92 at SI. No. 5163 on date 30.10.2013 (xi) Vide registered sale deed in Bahi No. 1, Volume No. 979, pages 93 to 108 at SI. No. 5164 on date 30.10.2013 AND the Vendor No.2 is the owner of the land situated at Village Marotha, Pargana, Parwadoon, Tehsil Sadar, Distt. Dehradun through following Sale Deeds registered with the office of Sub-Registrar IV, Dehradun : (i) Vide registered Sale Deed in Bahi No. 1, Volume No. 978, pages 185 to 202 at SI. No. 5143 on date

29.10.2013. (ii) Vide registered Sale Deed in Bahi No. 1, Volume No. 978, pages 337 to 350 at SI. No. 5153 on date

30.10.2013. (iii) Vide registered Sale Deed in Bahi No. 1, Volume No. 978, pages 351 to 366 at SI. No. 5154 on date

30.10.2013. (iv) Vide registered Sale Deed in Bahi No. 1, Volume No. 978, pages 367 to 382 at SI. No. 5155 on date

30.10.2013. (v) Vide registered Sale Deed in Bahi No. 1, Volume No. 979, pages 1 to 14 at SI. No. 5158 on Date 30.10.2013. AND the Vendor No.3 is the owner of the land situated at Village Marotha, Pargana, Parwadoon, Tehsil Sadar, Distt. Dehradun through following Sale Deeds registered with the office of Sub-Registrar IV, Dehradun : (i) Vide registered Sale Deed in Bahi No. 1, Volume No. 978, pages 383 to 398 at SI. No. 5156 on date

30.10.2013 (ii) Vide registered Sale Deed in Bahi No. 1, Volume No. 978, pages 399 to 414 at SI. No. 5157 on date

30.10.2013 (iii) Vide registered Sale Deed in Bahi No. 1, Volume No. 979, pages 29 to 44 at SI. No. 5160 on date 30.10.2013 (iv) Vide registered Sale Deed in Bahi No. 1, Volume No. 979, pages 45 to 58 at SI. No. 5161 on date.30.10.2013 (v) Vide registered Sale Deed in Bahi No. 1, Volume No. 979, pages 59 to 74 at SI. No. 5162 on date 30.10.2013 AND WHEREAS the total land has been mutated in the revenue records (fasli varsh 1415-1420) bearing Khata Khatoni Nos. 00003, 00008, 00013, 00017, 00024, 00036, 00037, 00046, 00055, 00059, 00068, 00069, 00079, 00099, 00100.

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AND WHEREAS after purchasing and getting mutated in the revenue records the said land. (i) The above Vendors No.1/Seller sold apart of the said undivided land in favor of the vendor/ seller No. 4

vide sale deed mentioned as following duly registered in the office of Sub-Registrar IV, Dehradun Vide registered Sale Deed in Bahi No. 1, Volume No. 2131, pages 131 to 160 at SI. No. 8605 on date 09.09.2015.

(ii) The above Vendor No. 2/seller sold the part of the said undivided land in favor of the vendor/ seller No. 4 vide sale deeds mentioned as following duly registered in the office of Sub-Registrar IV, Dehradun:

(iii) Vide registered Sale Deed in Bahi No. 1, Volume No. 2131, pages 191 to 220 at SI. No.8607 on date 09.09.2015.

(iv) Vide registered Sale Deed in Bahi No. 1, Volume No. 2131, pages 221 to 250 at SI. No. 8608 on date 09.09.2015

(v) The above Vendor No. 3/seller Vendors sold the part of the said undivided land in favor of the vendor/ seller No. 4 vide sale deeds mentioned as following duly registered in the office of Sub-Registrar IV, Dehradun :

(a) Vide registered Sale Deed in Bahi No. 1, Volume No. 2131, pages 161 to 190 at SI. No. 8606 on date 09.09.2015 (b) Vide registered Sale Deed in Bahi No. 1, Volume No. 2131, pages 251 to 280 at SI. No. 8609 on date 09.09.2015

(vi) As such the vendor/ seller No. 4 became undivided and undefined co-owner in the said land. Thus, the seller/vendor No. 4 is also joining in execution of this agreement to sale and this deed is being executed by all sellers/Vendors jointly in favor of the VENDEE�s.

(vii) The Vendors have absolute, clear and marketable title with respect to the said Land, the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project.

AND WHEREAS the Vendor 1, 2 &3 have permitted and allowed the Vendor No. 4 to construct, develop and market the said residential complex, so the vendor-4 shall be termed as DEVELOPER. AND WHEREAS the aforesaid entire land is bounded and butted as under: On the East : Property of Others On the West : Property of Others On the North : Property of Others On the South : Sahastradhara Road AND WHEREAS the Vendors/ sellers seized and possessed of or otherwise well and sufficiently entitled to the said Land and Vendor-3 applied to Mussoorie Dehra Dun Development Authority (MDDA) for sanction of building plans for construction of a Group Housing Project (hereinafter called as „Project�) on the said land which has been sanctioned by MDDA vide its plan no. L-0006/11-12/RE-1 dated 01.02.2014 and R-700/S-6/14 dated 20.08.2015 and 26.10.2016 AND WHEREAS the DEVELOPER have registered the Project under the provisions of the Act. with the Real Estate Regulatory Authority registration NO. UKREP08170000004. Copy of RERA Certificate is attached as Annexure-IV. AND WHEREAS the Vendor-4 is developing and constructing the Group Housing Project under the name and style of “PACIFIC GOLF ESTATE”, on the sai d land in accordance with the sanctioned plans, comprising of Unit and several residential buildings/blocks therein and other common services and facilities being part of the Project.

VENDORS VENDEE

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AND WHEREAS the said Complex is so planned as to earmark the use of available space/area for specific designated purpose only, so as to maintain the decorum and prestigious standard of the Complex. AND WHEREAS the DEVELOPER is having sole, absolute, exclusive and have rightful development and marketing rights and are fully competent possessing all rights and power to allot the same.. The reservation/booking is Provisional in nature till the full and final payment made by the VENDEE along with accumulated interest and other dues. AND WHEREAS the VENDEE may choose an alternative available unit, subject to payment of all outstanding dues if it becomes necessary in the event the DEVELOPER is unable to allot the particular unit mentioned in this agreement. Further, if for any reason the whole project is abandoned, no claim shall be preferred except that the money deposited under this agreement, shall be refunded. AND WHEREAS the DEVELOPER has represented that it shall complete the construction of the said complex, with a grace period of 6 months thereof, in all respects and shall make the building ready for occupation & possession unless the construction is stopped or delayed on account of factors beyond the control of DEVELOPER, as stipulated in the later part of this agreement. The tentative date of completion of towers are as follows : Tower-A : Ready for possession Tower-B : December 2017 Tower-C & D : June 2019 Tower-G1 & G2 : June 2019 Tower-G3 & G4 : December 2019 AND WHEREAS the VENDEE is interested in purchasing unit as described in Table –A, in the said Complex. The VENDEE acknowledge that the DEVELOPER has readily provided all information & clarifications as required by him/her but that he/she has not unduly relied upon and is not influenced by any architect�s plans, sales plans, sales brochures, advertisements, representations, warranties, statements or estimates of any nature whatsoever whether written or oral made by the DEVELOPER, its selling agents/brokers or otherwise including but not limited to any representation relating to description or physical condition of the property, the Building or the unit or the size or dimensions of the unit or any other physical characteristics thereof, the services to be provided to the VENDEE, the estimated facilities/amenities, to be made available to the VENDEE or any other date except as specifically represented in this agreement and that the VENDEE has relied solely on his/her own judgment and investigation in deciding to enter into this agreement and to purchase the said unit. No oral or written representations or statements shall be considered to be part of this agreement and that this agreement is self-contained and complete in itself in all respects. AND WHEREAS the VENDEE has confirmed to the DEVELOPER that he/she has full knowledge of all the laws, rules, regulations notifications etc. in general and applicable to the said Complex/said Building in particular and the terms and conditions contained in this Agreement and that he/she has clearly understood his/her rights, duties, responsibilities, obligations under each and all the clauses of this agreement. The VENDEE has perused all documents including but not limited to sanction plans, RERA certificate and other documents as per satisfaction to the VENDEE. AND WHEREAS the DEVELOPER ̧ relying on the confirmations, representations and assurances of the VENDEE to faithfully abide by all the terms, conditions and stipulations contained in this agreement has accepted in good faith his/her application to allot as described in Table -A (hereinafter referred to as UNIT) and is now willing to enter into this agreement on the terms and conditions appearing hereinafter. It is made clear that the “VENDEE” after taking over possession from the “DEVELOPER” shall not engage itself, any of its nominee or any future VENDEE to whom VENDEE, transfer for the purpose other then as specified in Table –A AND WHEREAS the DEVELOPER has opened a separate bank a/c in branch of YES Bank vide A/c No. 003866200000158 for the purposes as provided in Sub-Clause (D) of clause 4 of Sub section (2) of section 4 of the Real Estate Regulation and development Act. 2016.

VENDORS VENDEE

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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. THE ALLOTMENT The Allottee is hereby allotted unit in the Complex Called “Paci�c Golf Estate” at Dehradun as described in Table -A (which hereinafter referred to as the unit) for total sale consideration as per detail mentioned in table A, on super area.

TABLE "A"

UNIT NO.: BLOCK

TOTAL AREA FLOOR

COVERED AREA

CARPET AREA TYPE

TERRACE / GARDEN AREA

Sr. No. Cost Break up Amount(in Rs.)

1 Basic

2 Power(5 KVA)

3 One Gerage Space

4 IFMS

Total (in Rs.)

ULE OF PAYMENT PLAN :

NOTE:- GST will be charged as per Government Norms. TDS: “Under the section 194IA w.e.f. June 01, 2013 for all immovable property transactions over Rs 50 lac, It is compulsory to deduct TDS on Property Sale @ 1% of Total Transaction Value. And to avail the Input of the TDS Amount, Form 26QB with Paid Challan OR FORM 16B is to be submit to the DEVELOPER.”

VENDORS VENDEE

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2. SALE CONSIDERATION The VENDEE has opted for the payment schedule mentioned below: Payment Plan Type : INSTALLMENT PAYMENT PLAN Payment Plan Description : SPECIAL PAYMENT PLAN(50:50)-D2

============================Plan Description====================================

# DOWN PAYMENT PLAN The unit is being agreed to be sold to the VENDEE at the price mentioned in Table – A. Alottee shall pay the sale consideration as per Table -B, according to down payment plan mentioned in application form.

# FLEXI PLAN The VENDEE has paid a sum of the earnest money as per Table –B the receipt of which the DEVELOPER do hereby acknowledges and the VENDEE shall and do hereby agree to pay the remaining consideration as mentioned in Table –A in ………installment as per the payment plan.

TABLE "B" (PAYMENT DETAILS)

Name of the Bank Cheque No.: Date Amount

Kotak Mahindra Bank Dehradun

Kotak Mahindra Bank Dehradun

Total : 3. CONDITIONS OF ALLOTMENT (i) In the event of change in the unit size or its location desired by the VENDEE, the VENDEE shall make a

fresh application and the money advanced vide this agreement shall be adjusted towards the cost of the new unit. However, the new application shall be subject to the availability of the desired space and the decision of the DEVELOPER on the same shall be final. The VENDEE has agreed to abide by such decision of the DEVELOPER.

(ii) VENDEE has specifically agreed that if due to any change in the layout / building plan, during construction, the said unit ceases to be in a preferential location the DEVELOPER shall be liable to refund only the amount of preferential location charges paid by the VENDEE and such refund shall be adjusted in the last instalment as stated in the payment plan.

(iii) The payment of the balance sale consideration by the VENDEE as per the time schedule herein agreed to

above is of prime essence. In the event the VENDEE fails to make the payment on the due date or commits breach of any of the term and conditions of this agreement of Allotment, the allotment hereby made may be cancelled by the DEVELOPER after giving a notice in writing to rectify the breach within 15 days and thereafter 10% of the total cost of the said unit along with interest accumulated on such delayed payment shall be forfeited by the DEVELOPER and the balance (if any) shall be refunded to the VENDEE. The DEVELOPER shall have the right to allot the said unit to any other person whomsoever without any reference/interference of the VENDEE. The stipulated time for the payment of sale consideration as per payment schedule along with accumulated interest on delayed payments is an essential condition of this agreement.

(iv) The VENDEE shall be liable to pay interest as mentioned below, on all outstanding instalments as per agreed plan and further upon payment of instalments by the VENDEE, the DEVELOPER firstly shall adjust accumulated interest on all outstanding instalments/dues and after adjustment of interest balance amount shall be considered as payment towards left over instalments.

VENDORS VENDEE

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(v) As above said, timely Payment of instalments as per the agreed payment plan is essence of the agreement. If instalments are not paid on or before due dates, the DEVELOPER will charge interest at 10% (AS PER UTTARAKHAND REAL ESTATE –REGULATION AND DEVELOPMENT – GENERAL RULES-2017) per annum on delayed payments for the period of delay.

(vi) In case, the VENDEE (applicants), at any time, desire for surrender registration cum booking / allotment, it may be agreed , subject to sole discretion of the DEVELOPER. In such a case 10% of the total cost of the unit along with accumulated interest on delayed payments shall be deducted towards the processing and administrative charges and the balance, (if any) shall be refunded without any interest.

(vii) On completion of construction work, complex shall be ready for possession. The DEVELOPER shall issue an offer of possession letter in writing to VENDEE for taking over possession. The possession shall be subject to the payment of entire consideration along with any other dues including interest agreed and payable under this agreement by the VENDEE to the DEVELOPER.

(viii) In the event of VENDEE failure to take over the possession, the DEVELOPER shall charge monthly maintenance charges as described in agreement from the date mentioned in the offer of possession issued by DEVELOPER apart from interests and other costs as stipulated in the agreement on outstanding balance. (ix)

(x) The VENDEE would be liable to pay holding charges @ Rs.7 sq.ft (Rupees Seven only per sq.ft) per month on total area, if the customer fails to take the possession, within 30 days from the date of issuance of the offer of possession.

(xi) The rates charged are on the basis of total area. The VENDEE is aware that the Covered area/ carpet area would be less than total area.

4. DEFINITION OF AREA

Total Area : The total area shall be sum of covered area of the said premises and its prorata share of common areas in the entire said complex.

Carpet Area : Carpet area means the net usable floor area of an apartment, excluding the area covered by external walls, area under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by internal partition walls of the apartment.

Covered Area : The Covered Area of the said premises shall mean the entire area enclosed by its periphery walls including the area under walls, columns, half area of walls common with other premises, cupboards, lifts, balconies, galleries, sunshades, inside partition wall, window grills, etc. which form integral part of the said premises. It is clarified that area under open terrace, lift and other spaces which are meant for exclusive use by the unit shall be treated as part of covered area.

Common Area : Common Area shall mean all such areas of the said complex the VENDEE shall use by sharing with other occupants of the said complex including entrance canopy and lobby, atrium, corridors, circulation area and passages, security, fire control room (s), lift shafts, all electrical, plumbing and fire shafts on all floor and rooms, if any, staircases, mumties, lift machine rooms, , water tanks, gate posts, the entire services areas in the basement including but not limited to electric substation, transformers, DG Set rooms, underground water and other storage tank, pump rooms, maintenance rooms, fan rooms and other service rooms etc. further club house golf course shall not be included in common area.

VENDORS VENDEE

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(i) Exclusive open terraces shall be charged at the rate decided by the DEVELOPER on total Area basis.

(ii) Exclusive open space shall be charged at the rate decided by DEVELOPER on total area basis.

(iii) Except for the floor area allotted, all the residuary rights in the said plot of land and the building including club house and golf course shall vest with the DEVELOPER, inter-alia DEVELOPER shall maintain common areas and facilities and shall be entitled to charge the maintenance and upkeep charges.

(iv) Notwithstanding the fact that portion of the common areas has been included for the purpose of calculating the area of the said premises, it is repeatedly and specifically made clear that it is only the inside space in the premises that has been agreed by the VENDEE and inclusion of the common areas in the computation does not create any interest or right therein as such to the VENDEE, except as provided hereunder. It is however, agreed that if the maintenance and replacement charges are paid regularly, as provided under this agreement, VENDEE shall have a right of use of common facilities, in default of such payment, it shall not be open to the VENDEE to claim any right of use of common facilities, for none has been agreed to be transferred any these present. Similarly, if the VENDEE commits any breach of any of the covenants herein, no right of use of common facilities shall be permitted until the breach is rectified and the the DEVELOPER or any other body or association as hereinafter mentioned are assured that there shall be no future repetition of such a breach.

(v) Nothing herein shall be constructed to provide the VENDEE with the right, whether before or after taking possession of the said unit or at any time thereafter to prevent the DEVELOPER from (i) Constructing or continuing with the construction of the other building(s), Estates Homes/Apartments/Unit or other structures in the area adjoining the said unit. (ii) Putting up additional construction in the said project; (iii) Amending / altering the plans herein as per sanction plans. Further, VENDEE shall not be permitted or allowed to do further construction, amend or change basic design of the unit and deviations from basic structure of unit.

(vi) That any levy or charges levied by the Government or Semi Government/Quasi Government authority shall be borne by the VENDEE in proportion to their areas and be paid, as and when, levied and demanded. The DEVELOPER may also levy proportionate additional charges in case the statutory body levies and charges in respect of the said plot in question or in respect of the construction thereon and the VENDEE hereby agrees to pay the same as and when demanded.

5. GARAGE/ CAR PARKING

The unit along with garage/ parking shall be treated as a single indivisible unit for all purposes. The unit holder in reference to this agreement shall be granted the parking right for one car(s) reserved for the unit. This reserved parking can be used by the VENDEE at any time to park the vehicle but any other activity other than parking is strictly prohibited. One car parking is mandatory for each unit and would be VENDEE on the first cum first serve basis, unless otherwise specificly specified. Scooter/Two Wheelers/Cycle will be parked within the same parking space allotted to the intending VENDEE (s)

(I) THE VENDEE/s is/ are aware that as a part of the building and a common amenity, the

DEVELOPER is constructing several covered car parking/garage spaces be used by the VENDEE/s of the residential unit s in the building/ Project.

(II) At the request of the VENDEE the DEVELOPER hereby allocates to the VENDEE car parking

space/and the VENDEE/s is/ are aware that the DEVELOPER has in like manner allocated and shall be allocating other car garage to several Purchaser/s of the residential unit /commercial units in the Building/ Project and the VENDEE undertakes not to raise any objection in that

(III) The VENDEE/s hereby accords his/ her/ their irrevocable and unconditional consent to the

DEVELOPER to allocate the other car garage to the Purchaser/s of the respective residential unit s in the building. The VENDEE/s hereby confirms warrants and undertakes to use the car garage so allocated to him/ her/ them for the purpose of the parking of car only.

(IV) The VENDEE/s hereby further warrants and confirms that the VENDEE/s shall upon formation of

the Organization /Society/RWA as contemplated herein above, cause such Organization /Society/RWA to confirm and ratify and shall not and/ or shall cause the Organization /Society/RWA not to alter or change the allocation of car garage in the manner allocated by the DEVELOPER to the

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various Purchaser/s (including the VENDEE/s herein) of the residential unit s in the Building/ Project.

(V) It will be the personal, joint and several responsibility of members RWA/MA to ensure that,

members and/ or the VENDEE/s do not park their cars, on any open area of the said Soceity, to whom, the DEVELOPER have not allotted, any parking garage, and in such an event, the person committing default, along with members of the RWA, shall personally be responsible, jointly and severally, for the costs and consequences thereof. The VENDEE/s are not allowed/ entitled to use any area for car parking or otherwise unless the DEVELOPER in writing permits the same.

(V) The VENDEE shall use the parking garage only for purpose of keeping or parking the VENDEE/s

own vehicles and shall not lease out the space to some other occupant. The VENDEE/s shall not use the open spaces/ parking/ stilt/ podium area, etc. for parking their vehicles without prior written permission of the DEVELOPER/RWA as the case may be.

6. MAINTENANCE

The upkeep, maintenance and management of the building and of common areas, maintenance, operation and upkeep of plant and machinery shall be organized by the DEVELOPER or its nominated Maintenance Agency. All such costs, expenses (hereinafter referred as “CAM”) common area maintenance, accruals to or provisions shall be borne and paid by the VENDEE to the extent of its share in the said building. The charges so fixed and payable every month shall be apportioned per square feet by the DEVELOPER to which the VENDEE hereby agrees to accept as final and binding. Such charges would be billed to the VENDEE by the DEVELOPER/Maintenance Agency every month at actuals. The charges so fixed shall be reviewed annually. It is clarified that Maintenance Charges shall be exclusive of water, electricity and other consumables for which separate bills shall be raised by the DEVELOPER/Concerned Agency/Department/ Maintenance company and shall be paid by the VENDEE/Lessee as stipulated herein.

(I) DEVELOPER OR its Nominee shall maintain the building from amounts received as CAM charges

from the owners and occupiers of building. DEVELOPER at any time, can make a maintenance association of owners and occupiers of building and hand over the maintenance of the building to the same.

(II) All expenses of consumable nature shall be billed every month as per actual consumption to each

VENDEE and the same shall become payable within 7 days of its intimation.

(III) The VENDEE shall enter into a separate maintenance agreement (The “Maintenance agreement”) with maintenance agency as may be designated in this regard (the “Designated Maintenance Agency”) by the DEVELOPER, in accordance with the provisions of applicable Law, for the maintenance of common areas and facilities in the said building. VENDEE shall pay necessary charges including security deposit for such maintenance and such arrangement will continue untill service are handed over to Residents Welfate Association (RWA). The VENDEE further undertakes to sign and execute the Maintenance agreement and to abide by the terms and conditions of the same. Till the time same is not executed Allottee is bound by the terms and conditions of maintenance to the unit as mentioned in this agreement. The intending VENDEE agree and consent (s) to this arrangement and will not question the same singly or jointly with other buyers.

(IV) The scope of maintenance and general upkeep of various services within the building shall broadly

include operation & maintenance of lifts, operation & maintenance of generators, maintenance of fire fighting systems, garbage disposal & upkeep of common areas, water supply, sewerage system, common area lighting. The services outside the Unit/Apartment/Unit but within the complex shall broadly include maintenance and upkeep of internal roads, pathways, boundary walls / fencing, horticulture, drainage system, street lighting, water supply, general watch & ward within the complex.

(V) Provided however, that it is clarified for the purpose of abundant clarity that, the VENDEE shall be

liable to pay the maintenance charges in respect of said unit as per terms and conditions contained herein, notwithstanding that the actual physical possession of the said unit is taken by the VENDEE.

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VENDORS VENDEE

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7. TRANSFER

(I) The VENDEE shall not be permitted to transfer the allotted unit within 12 months from the date of allotment. However, for all the subsequent transfer of unit except the original allotment, the VENDEE and the subsequent VENDEE shall obtain the written permission of the DEVELOPER before executing the transfer documents.

The DEVELOPER shall not refuse this permission for any unreasonable cause. However, the VENDEE shall need to obtain a „No Dues Certi�cate� from the DEVELOPER before applying for such permission. All the transfers shall be endorsed as per this agreement under the DEVELOPER�s seal. All agreements, deeds and assignments or documents of any nature, executed by the VENDEE which intends to transfer the said unit shall be void unless approved by the DEVELOPER. The DEVELOPER is within its right, to disallow the entry of such unapproved VENDEE in the said Unit/complex. Further, the VENDEE shall pay transfer charges to the DEVELOPER based on total area, for the first transfer amounting to 50/-, for second transfer onwards @ Rs. 100/- per sq. ft., on total area. The said rate of transfer may be revised by the DEVELOPER at any stage. Any change in the name (including addition/ deletion) of the recorded shall be deemed as transfer for this purpose. The transfer charges for nomination within the family, such as, husband, wife and children shall also be deemed as transfer

(II) If upon such subsequent transfers, any charges, levies or duties are required to be paid to any authority

or authorities the same shall be paid by the Transferor (VENDEE) only. 8. RULES AND BYE-LAWS

It is hereby clari�ed that the VENDEE�s ownership rights and right to use and occupy the Unit shall be in accordance with, and be subject to and subordinate in all respects to the provisions of the rules and byelaws of complex and to such other rules and regulations as the DEVELOPER may from time to time promulgate. The rules and by laws are annexed as Annexure-II.

9. VENDEE TO ABIDE BY THE BY-LAWS ETC.

The VENDEE shall comply with and carry out terms of the sale deed governing the plot and shall abide by all laws, by-laws, rules, regulations, requisitions, demands etc. of the Development Authority / Concerned Authority and other Local & Government Authorities and shall attend, answer and carry them out at his own cost, and be responsible for all deviations, violations or breaches thereof, and shall also observe and perform all the terms and conditions contained in this agreement. VENDEE shall keep the DEVELOPER indemnified if any penalty/ charges levied by any Authority/Authorities on the DEVELOPER due to violation of any by-laws by VENDEE

10. UNDERTAKING BY THE VENDEE

(I) The VENDEE agrees and undertakes to take Tower wise possession of the said Unit/Apartment/Unit within the time stipulated by the DEVELOPER in the offer of possession by executing necessary indemnities, as and when offered.

(II) Since it is a large project having number of buildings/towers, the construction will be completed in

phases. All the major common facilities will be completed only after completion of construction of all the phases. As such the VENDEE must take the possession of Unit/Apartment/Unit as soon as it is made available for possession.

(III) Further, a written intimation for completion of project and offer of possession will be sent to the

VENDEE and the VENDEE to communicate exact date by which he/she will be taking physical possession of Unit/Apartment after complying with necessary formalities viz. obtaining NOC from the Accounts Department of DEVELOPER, registration of sale Deed/Transfer Deed etc..

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(IV) The VENDEE agrees not to change or alter or make any additions to the said Premises, including but

not limited to extension of any wall, covering balconies either permaent or temporary with respect to change of basic design of the unit and keep the said Premises, its walls and partitions, sewers, drains, pipes and appurtenances thereto or belonging thereto, in good and tenable condition, repair and maintain the same in proper manner and ensure that the support, shelter, etc. of the Building or pertaining to the Building in which the said Premises is located, is not in any way damaged or jeopardized.

(V) he VENDEE undertakes, assures and guarantees that he/she shall not put any sign-board / name plate, neon-light, publicity material or advertisement material, etc. on the face of the Building or anywhere on the exterior of the Building or on any common areas but only at the place provided by the DEVELOPER.

(VI) The provisions of this clause are equally applicable to and enforceable against any/ all occupier�s and/ or subsequent VENDEE of the said unit. The non-observance of the provisions of this clause shall entitle the DEVELOPER to enter the said unit, if necessary, and remove all nonconforming fittings and fixtures at the cost and expense of the VENDEE. The VENDEE shall be responsible for any loss or damages arising out of breach of any of the aforesaid conditions.

(VII) The VENDEE hereby agrees to abide by any terms and conditions imposed by any Government or local authority in respect of the said complex.

(VIII) That any levy or charges levied by the Concerned Authority / Government or Semi Government Authority shall be borne by the VENDEE in proportion to the area allotted and be paid, as and when, levied and demanded.

(IX) The VENDEE shall use the Said Unit only for uses permitted in Zoning Plan/Building Plans approved by Concerned Authority or any such statutory authority, and not for any other purpose. The VENDEE at no point of time i.e. in present or in future seek the partition of the property/land underneath and endorsement of the same in the Revenue Records.

(X) The VENDEE agrees, and undertakes that he/she/they shall on offer of possession/ after taking possession or receiving deemed possession of the said Unit as the case may be, or at any time thereafter, have no objection to the DEVELOPER constructing or continuing with the construction of the other building(s) adjoining the Unit/Apartment/Unit allotted to the VENDEE

(XI) The VENDEE if resident outside India or if not an Indian National or citizen shall be solely responsible to comply with the necessary formalities as laid down in the Foreign Exchange Management Act 1999 and any other law for remittance of payment(s) and for acquisition of the immovable property in India. The VENDEE shall furnish the required declaration that it is complying with such necessary legal formalities.

(XII) The VENDEE hereby also grants its irrevocable authority, permission and consent to the DEVELOPER and agrees and undertakes that the DEVELOPER shall have sole and absolute right and authority, and shall be entitled to deal with, sell or otherwise dispose off any part or portion of the said building and the said Property and to permit the same to be utilized for any purpose, including for the purpose of offices, nursing homes, bank office, restaurant, hotel, gardens/ playground, and display of advertisement and hoardings, as may be permissible or as may be ultimately permitted by the authorities concerned.

(XIII) The VENDEE/s shall not carry out any civil work which will damage the waterproofing and/ or plumbing line, etc. The VENDEE/s shall not do or suffer to be done anything in the said Unit / Premises or in the said Property or the building which, would be forbidden or prohibited by the rules of the concerned government authorities. In the event, the VENDEE/s commits any acts or omissions in contravention to the above, the VENDEE/s alone shall be responsible and liable for all the consequences thereof to concerned authorities in addition to any penal action taken by the DEVELOPER in that behalf.

(XIV) The VENDEE/s shall not to let, sub-let, transfer, assign, mortgage or give Power of attorney or any authority or part with the VENDEE�s interest or bene�t factor of this agreement or part with the possession of the said Unit / Premises until all the dues payable by the VENDEE/s to the DEVELOPER under this agreement are fully paid.

(XV) The VENDEE shall permit the DEVELOPER and/or Maintenance Agency, its servants and agents with or without workmen and others at all reasonable times to enter into and upon the said unit or any part thereof, for the purpose of making, repairing, maintaining, cleaning, lighting and keeping in order, in good condition and services, drains pipes, cables, water covers, gutters, wires or other conveniences belonging to or serving or used for the Said Building and also for the purpose of laying down, maintaining, repairing and testing draining and water pipes and electrical wires and for similar purposes without causing damage to the property of the VENDEE. The VENDEE shall allow the complex

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maintenance team to have full access to and through his unit and terrace area for the periodic inspection, maintenance and repair of service conduits and the structure.

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(XVI) The VENDEE shall not be permitted to use the lawns, parks and other common areas for organizing personal functions such as marriages, birthday parties etc. If any common space is provided in any building/club for organizing meetings and small functions, the same may be used by the VENDEE on payment of such charges as may be fixed by the FM agency (facility management) from time to time.

11. GENERAL COMPLIANCE WITH RESPECT TO THE UNIT

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

(I) The VENDEE further undertakes, assures and guarantees that he/she would not put any sign-board /

name-plate, neon light, publicity material or advertisement material etc. on the face / facade of the Building or anywhere on the exterior of the Project, buildings therein or Common Areas.

(II) The VENDEEs 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 VENDEE shall not store any hazardous or combustible goods in the Unit or place any heavy material in the common passages or staircase of the Building.

(III) The VENDEE shall also not remove any wall, including the outer and load bearing wall of the Unit. The VENDEE shall plan and distribute its electrical load in conformity with the electrical systems installed by the Vendors and thereafter the association of VENDEEs and/or maintenance agency appointed by association of VENDEEs. The VENDEE shall be responsible for any loss or damages arising out of breach of any of the aforesaid conditions

12. GENERAL COMPLIANCE WITH RESPECT TO THE UNIT

(I) The DEVELOPER on completion of the construction of the said building shall make best efforts to deliver possession of the said unit to the VENDEE within period of 90 days of such completion of the construction. If the completion of the said unit is delayed caused by reason of no availability or scarcity of steel and / or cement and /or other building material and/or water supply and/or electric power and/or slow down strike and /or due to a dispute with the construction agency employed by the DEVELOPER, lock-out or civil commotion or any militant action or by reason of war or enemy action or earthquake or any act of God or political and civil unrest of such a nature etc. or if non-delivery of possession in as a result of any law or as a result of any restrictions imposed by a governmental authority or delay in the sanction of building/ zoning plans/grant of completion / occupation certificate by any governmental authority or for any other reason beyond the control of the DEVELOPER (all such events hereinafter referred to as “Force Majeure Events” and each individual events referred to as a “ Force Majeure Events”, the DEVELOPER shall be entitled to a reasonable extension of time for delivery of possession of the said unit.)

(II) In the event that a force majeure events occurs the DEVELOPER has the right to alter the terms and conditions of allotment of the said unit as stated herein or if the force majeure events so warrant the DEVELOPER may suspend the performance of its obligations for such period as it may consider expedient and no such suspension shall constitute a breach of the obligations of the DEVELOPER hereunder.

(III) The DEVELOPER within six months /grace period from the date of completion as described above shall handover possession of the unit. Further, nothing contained herein shall be construed to give rise to any right to claim by way of compensation/ damages / loss of profit or consequential losses against the DEVELOPER on account of delay in handing over possession for any of the aforesaid conditions beyond the control of the DEVELOPER. If, however the DEVELOPER fails to deliver possession of the said unit within the stipulated period as mentioned hereinabove the VENDEE shall be entitled to compensation for delay at the rate 10%). Further,as agreed above timely payment is essence of the agreement and in

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case of failure, to make timely payment by the VENDEE, the DEVELOPER shall not be held liable to pay the interest as described above and no compensation shall be payable by the DEVELOPER.. The time consumed by the occurrences of Force Majeure events shall be excluded while computing the time for the delivery of possession of the said unit for the purpose of this clause.

(IV) Further, such compensation shall be payable by the DEVELOPER to the VENDEE only after the sale deed has been executed after payment of all outstanding dues as detailed in offer of possession/ demand notice.

(V) The VENDEE hereby agrees that if the VENDEE has at any time defaulted in making timely payment of any instalment for consideration or has not made full payment of the price of the said unit and other charges due from the VENDEE no compensation shall be payable by the DEVELOPER.

(VI) It is hereby clarified that the construction period as stipulated in completion clause/ recitals herein shall stand automatically extended without any further act or deed on the part of the DEVELOPER by the period during which a force majeure occurs provided that the DEVELOPER shall be the sole judge of the existence of a force majeure events and that judgment shall not be unreasonably exercised.

(VII) In case of any structural defect or any other defect in workmanship for the work described in Annexure-III is brought to the knowledge of DEVELOPER within 60 days from date of possession than it shall be duty of the Developer to rectify the said defect/s within reasonable time. Further, The VENDEE has agreed if there shall be any damage in the unit including breakage of fixture, fittings, accessories etc. due to negligence attributable to the VENDEE, the DEVELOPER shall not be responsible to rectify any of such defects. The said defects shall be cured by VENDEE at his/her cost and expenses. The VENDEE shall ensure at the time of taking possession that all the work in the unit are as per specifications and upto satisfaction of the VENDEE.

13. PROPERTY TAX / GROUND RENT AND OTHER TAXES

The property tax/ground rent and other taxes shall be payable by each VENDEE to the concerned Municipal Corporation/Authority/Authorities w.e.f. the date of offer of possession Letter. However, if the assessment of Property tax/Ground Rent/levies is not made separately for each UNIT and a consolidated demand is made by the concerned Municipal Corporation/ Authority/ Authorities on the DEVELOPER, then in that event, each VENDEE shall pay his proportionate share to the DEVELOPER or to their nominated agency on the basis of the total area of the UNIT. The share of Ground rent/ Property Tax shall be worked out by the DEVELOPER or the nominated Agency, keeping in view the total Ground rent / property tax payable plus some service charges and shall be apportioned on the area of each unit and the amount so calculated by the DEVELOPER or the nominated Agency shall be binding on the VENDEE and the VENDEE shall be required to pay the same immediately along with service charges which may be added by the DEVELOPER. If for any reason such dues are not paid regularly, the DEVELOPER shall not be responsible for any consequences arising there from and the DEVELOPER or its nominated agency shall be entitled to take any suitable action for the recovery of dues including costs, surcharges, losses or damages which may become payable to DEVELOPER or to other VENDEE due to such non-payments. All service, like electricity water etc. to the unit may be disconnected/discontinued at the discretion of the DEVELOPER or its nominated agency. If however, the unit remains vacant, it shall be the responsibility of the VENDEE to take action to inform the Assessor and Collector of concerned Municipal Corporation/ Authority/Authorities in accordance of law to get vacancy remission from the Municipal Corporation/ Authority/Authorities and the VENDEE shall keep the DEVELOPER indemnified for all the charges levied by the concerned Municipal Corporation/ Authority/Authorities on the DEVELOPER.

14. THE AREA / FLOOR / USE (I) The VENDEE is hereby exclusively applicant of Unit without roof rights, club and golf course as

mentioned in Table -A (which hereinafter referred to as the „Unit�) for a total consideration de�ned therein. The Unit is more particularly described in the map annexed herewith as Annexure- I in which the Unit is marked in red. The VENDEE shall use the said premises solely for the purpose as specified in the present agreement and for no other purpose unless the DEVELOPER shall expressly approve such use in advance in writing.

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(II) The Building project being a planned one, it is essential that the VENDEE use their respective units only for the purpose for which the units have been allotted. The unauthorized use of the premises comprising the units would not only ruin the image of the DEVELOPER but would also adversely prejudice the rights and interests of other VENDEE in the complex. The same would also seriously impair the cleanliness of the complex and would create hurdles in its maintenance. On this account constraints have been incorporated in this agreement pertaining to use of the premises by various VENDEE.

15. NAME OF THE BUILDING

The building shall always be known by the “PACIFIC GOLF ESTATE”, as decided by the DEVELOPER and shall never be changed by the unit owner or anybody else.

16. ELECTRICITY, WATER CONNECTION AND CONSUMPTION CHARGES

(I) Individual electricity & water connection charges, fans, light & fixture, are not included in the cost of the UNIT. In case of separate meter not installed by Local authority in the name of the VENDEE a sub-meter shall be provided by the DEVELOPER for electricity and water at cost of VENDEE. In this case the VENDEE shall pay the electricity and water consumption charges including demand charges as per bill as and when demanded by the DEVELOPER/ Authorised agency. Electricity charges shall be payable by the VENDEE at the rate fixed by State Electricity Company/Board. However, transmission losses charges shall also be borne and paid by the VENDEE @ 5% of total consumption charges. The Vendee shall pay power back up consumption charges as per meter redings.

(II) In case the VENDEE fails to make the payment of electricity consumption charges within due date after DEVELOPER�s or maintenance agency demand, the clauses as described in maintenance agreement shall prevails. Further, the maintenance agreement shall be signed at the time of taking possession of the unit prior to registration of sale deed of unit..

17 TIME FRAME

The subject to the clearances as may be required in terms of statutory laws/rules permanent cause, all the conveyances would be executed and registered in due course after all dues of the DEVELOPER and other statutory dues have been paid in full by the VENDEE. In installment/deferred payment cases, the sale deed shall be executed only after receipt of the full sale consideration alonwith accumulated interest on late payment and other dues from the VENDEE. All charges and expenses related to registration of same shall be borne by VENDEE only.

19. OTHER PERMISSIONS

(I) The DEVELOPER has agreed to bring in and arrange for at its own costs all other permissions, which may become applicable and be required in relation to the sale of said unit, prior to the execution, registration and possession in favour of VENDEE, but shall not be responsible for any permissions, sanctions or NOC�s which are required by the VENDEE to bring in. VENDEE has undertaken to cooperate with the DEVELOPER in obtaining permission by the DEVELOPER and sign any paper as may desired by the DEVELOPER in this regard.

(II) The VENDEE agrees that until Sale Deed is executed & registered, the DEVELOPER shall continue to be the owner of the said unit and also the construction thereon and allotment by virtue of this agreement shall not give to the VENDEE any rights, title or interest therein.

(III) The VENDEE, subject to the income tax and other clearances as stipulated in this agreement, shall be entitled to get the first sale executed and registered in its own name.

20. EXPENSES

(I) It has been agreed that all the expenses relating to the execution, registration of the sale deeds, including the Stamp duty / expenses on Stamps, registration fee , Registration expenses / Sales Tax / Service Tax/GST or any other charges/Tax on allotment of this unit shall be borne by the VENDEE exclusively including any charges if required for this agreement as well.

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(II) It has been represented by DEVELOPER that all the expenses towards EDC (External Development Charges) and other such similar charges, levies and taxes relating to construction of the said complex shall be paid till the date of offer of possession thereafter by the VENDEE.

21. FORCE MAJEURE

(I) If the performance of the Agreement by either Party is prevented, in whole or in part, by causes beyond the control of such affected party which it could not avert in spite of best endeavour and due diligence, the consequences in the next para shall follow.

(II) In such an eventuality, the affected party shall be excused from performing during the subsistence of the

force majeure prevention provided that the occurrence of such and event and the resultant prevention is communicated to the other party as soon as practicable and not later than 15 days thereafter with sufficient details and material to facilitate a verification.

22. AVAILING LOAN FROM FINANCIAL INSTITUTIONS/BANKS

In case the VENDEE wants to avail a loan facility from his employer or financing bodies, to make payment for the purchase of the unit , the DEVELOPER shall only facilitate the process subject to the following:- (I) The terms of the financing agency shall exclusively be binding and applicable upon the VENDEE only.

(II) The responsibility of getting the loan sanctioned and disbursed, as per the DEVELOPER 's schedule of

payment will rest exclusively on the VENDEE. In the event of the loan not being sanctioned or the disbursement getting delayed, the payment to the DEVELOPER, as per payment schedule, shall be ensured by the VENDEE, failing which, the Allotment shall be governed by the provision contained herein above.

23. CHARGES, LIEN ETC.

The DEVELOPER has represented and assured that the said unit is free of all charges, liens taxes and encumbrances and litigation of any type in any court of law and also that all levies till date of signing of Agreement have been paid. However, in the event of any taxes, levies are noticed or demanded in future, then it has been agreed that DEVELOPER shall pay all taxes, charges and levies etc. in respect of the said unit till date of offer of possession of the unit and thereafter all such charges shall be borne by the VENDEE.

24. OTHER FACILITIES, RIGHTS AND INTEREST

The Vendee on payment of all dues along with accumulated interest and only after registration of sale deed, the purchaser of the said unit in complex would have certain built in facilities, rights and interests as listed below:

(I) Rights to use of all common areas such as Atrium, Links, passages, staircases, gardens and lawns,

surface parking etc.

(II) Rights to use common water storage tanks, connected electrical load etc.

(III) Rights to enjoyment of common equipment such as generators, transformer, BMs equipment, CCTV system, fire safety equipment and any other such equipment installed in the complex for the common use of all occupiers of the complex.

(IV) Rights to lease, transfer title, hypothecate, sell the property as per terms of agreement sale.

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25. CLUB MEMBERSHIP & OTHER SPORTS FACILITIES

The VENDEE on payment shall take membership for usage of club and other sports facilities like golf course and further on payment of subsequent usages charges shall avail facilities.

26. MISCELLANEOUS

(I). This agreement along with annexures records the complete agreement between the parties and supersedes all previous correspondences, understandings, agreements, letters, papers or documents exchanged and/or executed by the parties.

(II).The failure of either party to insist upon strict performance or any provision of this agreement or to exercise any option, right or remedies, contained in this agreement shall not constitute a waiver or a relinquishment for the future of such provision, option, right or remedy. No waiver by either party or any provision of this agreement shall be deemed to have been made unless expressed in writing and signed by such party.

(III). If any provision of this agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this agreement and application of such provision to the persons or circumstances other than those to which it is held invalid or unenforceable shall not be effected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflected the original intent of the invalid or unenforceable provision

(IV). Each right, power and remedy provided for herein or now or hereafter existing by law, in equity by law or otherwise shall be cumulative, and the exercise or the forbearance of exercise by either party of one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of all such other rights, powers or remedies.

(V). If the VENDEE neglects, omits or fails for any reason whatsoever to comply with any of the terms and conditions of this agreement, then the DEVELOPER shall be entitled to re-enter and resume the possession of the unit and this agreement shall stand terminated. The amount paid as mentioned, by the VENDEE shall be refunded to him/her (after deducting administrative charges and other pending dues) without any interest and he/she shall be under an obligation to surrender possession of the unit to the DEVELOPER. In case the VENDEE incurs the liability of cancellation of allotment of the unit to the DEVELOPER and his allotment is cancelled by the DEVELOPER by serving a notice on him, then the VENDEE in that event shall surrender the vacant possession of the unit to the DEVELOPER and in case the VENDEE fails to surrender the vacant possession in the event he/she shall be liable to pay mesne profits at a rate which shall be reasonable letting value of the unit at that time. The mesne profits shall be payable till such time the possession is handed over to the DEVELOPER. In case, at the time of cancellation of allotment of the unit, the unit has been let out then the Lessee shall attorn to the DEVELOPER and the DEVELOPER shall have the right to recover the rent from the Lessee on the basis of this agreement.

(VI). The VENDEE shall not dispute that any clause in this agreement is unreasonable or that it burdens inequitably or that he/she does not want to be bound by any particular clause of this agreement and in case he/she chooses to do so it shall be the right of the DEVELOPER to repudiate this Allotment as a whole and pay back the amount received by the DEVELOPER without any interest and take or resume possession of the unit. It is specifically agreed between the parties that each of the parties shall be bound to each and every term of this agreement and this agreement has been arrived at on the condition that the VENDEE shall not violate any of the terms of this agreement.

(VII). It would be the VENDEE�s liability to abide by building bye-laws, while using the unit or while letting out the same. The VENDEE shall see that all conditions, terms and covenants of the sale deed governing the said unit shall be abided by and all laws, rules and regulations of local authority or other government/local bodies shall be complied with.

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(VIII). The VENDEE shall attend, answer and be responsible for all deviations, violations or breaches of any of the conditions or laws or bye-laws on rules and regulations and shall observe and perform all terms and conditions contained in this agreement and which are imposed by any of the said authorities and further the VENDEE shall indemnify the DEVELOPER against all losses. The VENDEE also agrees that he/she shall comply with and carry, out, from time to time all the requirements, requisitions, demands and repairs as may be or as are required to be complied with by the DEVELOPER, Government any other local competent authority in respect of his/her unit at his/her own cost and keep the DEVELOPER indemnified, secured and harmless, against all losses, consequences and damages arising on account of the non-compliance with the said requirements, requisitions, demand and request.

(IX). The DEVELOPER has the right to raise finance from any bank/financial institution, body corporate and for this purpose create equitable mortgage against the land and construction thereon in favor of one or more financial institutions and for such act the VENDEE shall not have any objection and the consent of the VENDEE shall be deemed to has been granted for creation of such charges during the construction of said project. However, the possession of the said unit shall be delivered to the VENDEE by the DEVELOPER free from all encumbrances and charges.

(X). The DEVELOPER has also been developing/ shall develop various club and golf course sports facilities in the said complex, the maintenance and usages charges shall be borne and paid by the VENDEE to the DEVELOPER or the Maintenance Agency appointed by the DEVELOPER.

(XI). The DEVELOPER and the VENDEE shall enter into a separate contract/ agreement mentioning therein instructions and guidelines to followed by the VENDEE, including issuance of membership cards etc. for using club and golf course sports facilities and charges/ fee to be payable by the VENDEE for using such facilities and services to the DEVELOPER or any of its nominated agency.

(XII). The watch and ward security of the complex shall comprise of general security of the complex. The responsibility of providing watch and ward security service to the said complex shall be entrusted to some outsourced security agency. The FM agency will be entitled to regulate entry into the complex. The security agency may not guarantee or ensure full proof safety and security of the said complex or VENDEE/s residing in the said complex or their belongings and properties. It is made clear and agreed by the parties herein that neither the DEVELOPER nor the FM agency shall have any financial/criminal liability for any loss to life and property by any reason of any theft, burglary, fire or any other incident of crime/mishap/accident occurring in the said Unit /building/complex or any part or portion thereof due to any laps/failure/shortcoming on part of staff of the security agency and/or the DEVELOPER/FM agency and house-keeping agency etc.

(XIII). Further, whenever title of the said Unit is transferred in any manner whatsoever, it shall be the duty of the transferor to pay all outstanding maintenance charges, electricity charges other charges if any, payable to the maintenance agency/Facility Management agency before effecting the transfer of said Unit , failing which the transferee shall have to pay the outstanding dues of the maintenance agency before occupying the said Unit.

(XIV). The Vendors shall have the right to designate any space in the said Property to third party services provided for the purpose of facilitating the provision and proper maintenance of utility service to be availed by the occupants of the building that may be developed on the said Property. The Vendors shall also be entitled to designate any space in the said Property to such utility provider either on leave and license or leasehold bass for the purpose of installing power sub-stations with a view of service the electricity requirement in the said Property and the building/s constructed thereon, on the other purpose.

(XV). If there is more than one Vendee named in this deed, all obligations hereunder of such Vendees shall be joint and several.

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27. NOTICES

All notices and other communications under the agreement shall be made in writing and delivered either by hand against receipt or sent by certified or registered mail at the notified addresses of the addressee (the current addresses being set out herein). Any such notice or communication shall be deemed to have been duly given and served (i) upon actual delivery and confirmed receipt in case of hand delivery, or (ii) on the third day of the putting the notice/communication in the course of transmission if sent via certified or registered mail. The VENDEE shall keep the DEVELOPER informed in writing about any change in his/her postal address.

28. INDEMNIFICATION

That the VENDEE hereby indemnifies and agrees to keep the DEVELOPER indemnified and harmless against any loss, damage or claim of any nature, whatsoever, which the DEVELOPER may suffer as a result of any non-payment, arrears of statutory dues, taxes, levies and/or any such charges payable by VENDEE in respect of the said unit in said complex from the date of offer of possession. The DEVELOPER also agrees to keep VENDEE indemnified and harmless against any loss, damages, demand or claim of any nature, whatsoever, which VENDEE may suffer on account of any default or non-observance of any covenant/term or on account of the title of the DEVELOPER.

29. CONVEYANCE / SALE DEED OF THE SAID UNIT

The DEVELOPER, on receipt of complete amount against the booked unit under the agreement from the VENDEE, shall execute a sale deed and convey the title of the unit . However, in case the VENDEE fails to deposit the stamp duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter,the VENDEE 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 competent authority(ies).

30. Two Copies of this agreement have been prepared, one to be retained by the DEVELOPER and other to be retained by the VENDEE.

31. The courts at Dehradun shall have the exclusive jurisdiction over this agreement to the exclusion of all other

courts and agreement shall be set to and construed in accordance with the laws of India.

SCHEDULE OF FLAT/UNIT

All that Flat bearing No. _________________ Block- __________________ Floor without roof, club and golf course rights, having total area whereof is _______________ Sq. Ft. or ______________Sq. Mts. situated at “PACIFIC GOLF ESTATE”. comprising in KHASARA NO.161,205,206 etc. SAHASTRADHARA ROAD, DEHRADUN, UTTRAKHAND and fully detailed in the plan along with undivided and impartible proportionate share in the land underneath the block and the proportionate share in the common areas and facilities of the block, along with all rights and easements whatsoever necessary for the enjoyment of the Said Unit.

VENDORS VENDEE

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IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED THESE PRESENTS AT DEHRADUN ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN. 1. M/s DOON CONTAINERS PRIVATE LIMITED 2. M/s DAMYANTI AGRO FOODS PRIVATE LIMITED 3. M/s NAINITAL TECHNOBUILD PRIVATE LIMITED 4. M/s PACIFIC DEVELOPMENT CORPORATION LTD. WITNESS: 1.__________________________________

2.__________________________________ ENDORS VENDEE

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ANNEXURE – I (Unit Layout Diagram)

VENDORS VENDEE

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ANNEXURE-II RULES AND BYE-LAWS (illustrative)

1. The VENDEE shall maintain at his/her/their own costs, the said unit including walls and partitions, sewers, drains, pipes, attached lawns and terrace areas thereto in the same good condition, state and order in which it is delivered to him and shall abide by all bye-laws, Rules and Regulations of the Government, any other competent authorities and local bodies and shall be responsible for all deviation, violations of any of the conditions, rules or bye-laws and shall observe and perform all the terms and conditions. 2. The VENDEE shall not remove any walls of the said unit including load bearing walls and all the walls / structures of the same shall remain common between the VENDEE and Vendors/occupiers of the adjacent Unit . Further, the VENDEE shall neither himself do nor permit anything to be done which may cause damage to any part of the adjacent Apartment/Unit (s) etc. 3. The VENDEE shall not in any manner whatsoever encroach upon any of the common areas, limited use areas and shall also have no right to use the facilities and services not specifically permitted to be used. All unauthorized encroachments or temporary/permanent constructions carried out in the Said Unit / Said Project or the Parking space by the VENDEE shall be liable to be removed at his cost by the Maintenance Agency as the case may be. 4. It shall be incumbent on VENDEE to join an Association comprising of the VENDEE that has been formed and may be formed by the residents/occupants for the purpose of management and maintenance of the Said Project. 5. The Said Building along with lifts, pump houses, generators etc., shall be got insured against fire, earth-quake and civil commotion at the expenses of the VENDEE by the DEVELOPER / Maintenance Agency provided all the occupiers of the Apartment/Unit shall pay and continue to pay the proportionate charges to be incurred by the Maintenance Agency for the purpose of insurance. The VENDEE shall not do or permit to be done any act which may render void or voidable any insurance or cause an increased premium. 6. The VENDEE shall not be permitted to use the lawns, parks and other common areas for organizing personal functions such as marriages, birthday parties etc. If any common space is provided in any building/club for organizing meetings and small functions, the same may be used by the VENDEE on payment of such charges as may be fixed by the FM agency (facility management) from time to time. 7. The VENDEE shall not put up any name or sign board, neon-light, publicity or any kind of advertisement material, hoarding, hanging of clothes etc., at the exterior facade of the Said Building or anywhere on the exterior or on common areas or on roads leading to the Said Unit / said Building. 8. The VENDEE shall not do or permit to be done any act which may render void or voidable. 9. The VENDEE/s shall not throw dirt, rags, garbage or other refuse or permit the same to be thrown from the Flat/ Premises in the compound or any portion of the said Property and the building/s. 10. The VENDEE may undertake minor internal alterations in their unit only with the prior written approval of the DEVELOPER /Maintenance Agency. The VENDEE shall not be allowed to affect any of the following changes/alterations:

(I). Changes, which may cause any damage to the structure (columns, beams, slabs etc.) of the Said Unit or any part of adjacent units. In case damage is caused to an adjacent unit or common area, the VENDEE will get the same repaired failing which the cost of repair may be received from the VENDEE . (II). Changes that may affect the facade of the Said Unit (e.g. changes in windows, tampering with external treatment, changing of wardrobe position, changing the paint color of balconies and external walls, putting different grills on doors and windows, covering of balconies and terraces with permanent or temporary structures, hanging or painting of signboards etc.) (III). Making encroachments on the common spaces in the Said Project.

VENDORS VENDEE

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(IV). Any construction temporary or permanent or any alteration or addition to sub-divide or amalgamate the Said Unit.

11. The VENDEE shall strictly observe following points to ensure safety, durability and long term maintenance of the building. (I). No changes in the internal layout of a said unit should be made without consulting a qualified structural consultant and without the written permission from the Vendor. (II). No R.C.C. structural member like column and beams should be hammered or punctured for any purpose. 12. All the plumbing problems should be attended by a qualified or experienced plumber only in the Said Building. The Plumbing & electrical Network inside the Said Unit shall not be tampered with or modified in any case. 13. Use of acids for cleaning the toilets should be avoided. 14. All the external disposal services to be maintained by periodical cleaning. 15. No alterations will be allowed in elevation, even of temporary nature. 16. Any electrical changes should be made using good quality material as far as possible and same should be carried out by a licensed electrician. 17. The VENDEE shall not cover the balcony/terrace of the Said Unit by any structure, whether permanent or temporary. 18. The VENDEE shall make sure that all water drains in the Said Unit (whether in terraces, balconies, toilets or kitchen) should be periodically cleaned i.e. they should not be choked or blocked. 19. The VENDEE should avoid random parking of his/ her vehicle and use only Parking bay. 20. In case VENDEE rents out the Said Unit , he is required to submit all details of the tenant(s) to the maintenance Agency/RWA. The VENDEE shall be responsible for all acts or omission and commission of his tenant. The Maintenance Agency/RWA can object to renting out the Said Unit to the person(s) of objectionable profile.

VEMDORS VENDEE

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ANNEXURES-III

S. SPECIFICATION NO.

STRUCTURE

1. *Earthquake Resistant RCC frame structure. *Wall Finish in Elegant POP finishes with Acrylic Emulsion Paint. *WALL: Clay Chimney dried bricks/fly ash bricks.

FLOORING *Foyer, Living/Dining, Bedrooms & Kitchen adorned with Vitrified Tiles, Master

2. Bedroom with Wood Finish Looking Tiles. . *Anti-Skid Ceramic Tiles on Toilet on Toilet Floors and Glazed Ceramic Toilet Walls. *Servant room, utility & balconies come with Ceramic Tiles.

ELECTRIFICATION *FITTING: Modular Electrical Switches and Plates, ISI Fittings and MCB.

3. *WIRING: All Electrical Wiring in concealed conduit with FRLC ISI Copper Wire. *ELECTRIC FITTINGS: Geyser & exhaust fan only in Master Bedroom Toilet. Tube Lights and Fans in all Bedrooms. *EPABX

DOORS, WINDOWS & WARDOBE

4. *DOOR: All Doors frames made of Salwood. Door with both sides laminated flush door shutters.

*WINDOWS: UPVC three track & sliding windows with clear glass. *WARDROBE: Only in Master Bedroom. KITCHEN

5. *Contemporary Modular Kitchen with Hob and Chimney, Granite Counter Top. with back splash in tiles, Stainless Steel Sink and drainage.

TOILETS 6. *PLUMBRING FITTINGS: Branded Fittings in all Toilets.

*SANITARY FITTINGS: Wall hung W/C in all toilets. ELEVATORS

7. *8 Passenger OTIS Or Equivalent. *Auto Rescue Device (ARD) *One Elevator with Deep Car stretcher.

8.

*Diesel Generator Backup.

KITCHEN

VENDORS VENDEE

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