TERMS AND CONDITIONS FORMING PART OF THIS APPLICATION FORM FOR BOOKING OF A UNIT IN AFFORDABLE UNITS

(The terms and conditions given below are merely indicative and are more comprehensively set out in the Builder Buyers Agreement which upon execution shall supersede the same. For all intents and purposes and for the purpose of the terms and conditions set out in this Application form, singular includes plural and masculine includes feminine gender)

1. DEFINITIONS:

“Agreement” means the Builder Buyers Agreement and/or Agreement for Sale to be executed between the Applicant and the Developer

“Applicant” means person(s)/entity, applying for booking of the said Unit, whose particulars are set out in this Application Form and who has appended his signature in acknowledgement of having agreed to the terms and conditions set out in this Application Form.

“Application Form” means whole of this Application Form including all annexures, schedules, terms and conditions for allotment of the said Unit in the said Affordable Units.

“Developer” means the company to which this application form is addressed above and/or VK AND SONS INFRATECH PVT. LTD. Limited and/or its Group Companies and/or its Associate Companies having its corporate office at BPTP PARK CENTRA,10-A, GROUND UNIT, SECOTR-30,Gurgaon and includes its, affiliates and collaborators or as may be defined in the Builder Buyer Agreement.

“Earnest Money” Means 10% of the Basic Sales Price of the said Unit alongwith applicable PLC (if any) charged i.e. (10% of [B.S.P + P.L.C.]) payable by the Applicant.

“EDC” mean the charges for external development levied/ leviable on the said Affordable Units (by whatever name called or in whatever form) imposed by Government Authority and includes any increase in such charges with prospective or retrospective effect.

“Escalation in Construction Costs” shall mean escalation in the construction cost resulting from increase in the cost of construction inputs like steel, cement, fuel and other building materials and labour shall be borne by the Allottee. 60% of sale price shall be treated as construction cost for the purpose of computation of escalation which shall be payable by the Allottee at the time of offer of possession of the said Unit. Escalation shall commence from the date of issuance of letter of allotment by the Developer and closing date thereof shall be the date of offer of possession by the Developer to the Allottee. The respective RBI indices for steel, cement and POL (petrol, oil & lubricants) shall be considered for the purpose. For other materials, the Wholesale Price Index (WPI) of All commodities shall be applied. For labour, Consumer Price Index for industrial workers of Delhi published by RBI shall be applied. Components of steel, cement, other construction materials, POL and labour in the construction cost shall be 15%, 10%, 40%, 5% and 30% respectively. Escalataaion shall be computed on monthly basis on prorata construction cost and shall be recovered by the Developer from the Allottee at the time of offer of possession of the Unit. It is further agreed by the Allottee that if at any point during the period of construction, RBI stops publishing the WPI due to any reason(s), the Base WPI as well as the Escalated WPI shall be derived from alternative indexed rates published by the Government of India or any national institute of repute.

“Foot Print” means the precise land underneath the said Building/ Tower in which the said Unit will be located.

“Force Majeure” means any event or combination of events or circumstances beyond the control of the Developer which cannot(a) by the exercise of reasonable diligence, or (b) despite the adoption of reasonable precaution and/or alternative measures, be prevented, or caused to be prevented, and/or which adversely affects the Developer’s ability to perform obligations under this Application form, which shall include but not be limited to:

a) acts of God i.e. fire, drought, flood, earthquake, epidemics, natural disasters;

b) explosions or accidents, air crashes and shipwrecks, acts of terrorism; strikes or lock outs, industrial disputes;

c) non-availability of cement, steel or other construction material due to strikes of manufacturers, suppliers, transporters or other intermediaries or due to any reason whatsoever;

d) war and hostilities of war, riots, bandh, act of act of terrorism or civil commotion;

e) the promulgation of or amendment in any law, rule or regulation or the issue of any injunction, court order or direction from any governmental authority that prevents or restricts a party from complying with any or all the terms and conditions as agreed in this Agreement; or

f) any legislation, order. rule or regulation made or issued by the Govt. or any other authority or if any competent authority(ies) refuses, delays, withholds, denies the grant of necessary approvals for the said Affordable Units said Building or if any matters, issues relating to such approvals, permissions, notices, notifications by the competent authority(ies) become subject matter of any suit/ writ before a competent court or; for any reason whatsoever;

g) any event or circumstances analogous to the foregoing. “IAC” shall mean Infrastructure Augmentation charges. “idc” shall mean Internal Development Charges.

“IDC” shall mean the Infrastructure Development Charges levied/ leviable (by whatever name called, now or in future) by the Governmental Authority and any further increase in any such charges;

“IFMSD” means the Interest Free Maintenance Security Deposit to be paid by the applicant for provision of maintenance services like security, upkeep of roads & street lights as per the payment plan to the Developer or to the Maintenance Company/ Agency as mentioned in the Application form or as provided in the Builder Buyer Agreement of the said Unit which may be revised as per the policy of the Developer or the Maintenance Company/Agency.

“Maintenance Company/Agency” means the entity who shall provide maintenance services like security, maintenance of roads & street lights etc. within the said Project which can be a Company or association of Unit Owners or such other agency/body/ company to whom the Developer may handover the maintenance of the said Affordable Units.

“Non Refundable Amounts” shall mean amounts paid by the Allottee apart from the sale consideration of his/her unit which shall not be refunded/returned to him which shall include but not limited to brokerage &/or margin paid, charges for dishonour of cheque, interest on delayed payments along with all accrued/applicable taxes/ charges, rates, cesses, levies paid/payable by the applicant.

“Parking Space” means car parking space that may be allocated to the Applicant.

“PLC” means charges for the preferential location of the said Unit payable/ as applicable to be calculated on per sq. ft./ per sq. mtr. basis of super area of the said Unit, as mentioned in this Application Form.

“said Unit” shall mean the specific Unit applied for by the applicant in the said Building, details of which have been set out in the application form and includes any alternative Unit, if allotted to the Applicant in lieu of the one applied for alongwith its dedicated car parking space and other amenities as applicable.

“said Building” shall mean the specific building in the said Affordable Units, details of which have been set out in the Application form, in which the said Unit may be located.

“Super Area” means the sum of Unit Area of the said Unit and its pro-rata share of common areas in the said Building/ said Affordable Units. Whereas the Unit areas of the said Unit, shall mean the entire area enclosed by its periphery walls including area under walls, columns, balconies, cupboards and lofts etc. and half the area of common walls with other premises/ Units which form integral part of said Unit. Common area shall mean all such parts/ areas in the entire building which the allottee shall use by sharing with other occupants of the said building including entrance lobby at ground Unit, lift lobbies, lift shafts, lift machine rooms, electrical shafts, fire shafts and walls of plumbing shafts on all Units, common corridors and passages, staircases, mumties, overhead water tanks, service maintenance areas/offices/stores, security/fire control rooms, if provided. Super Area of the Unit provided with exclusive open terrace(s) shall also include area of such terrace(s). Unit allottee however, shall not be permitted to cover such terrace(s) and shall use the same as open terrace only and in no other manner whatsoever. Super Area does not include:

1) Sites(s) for shops and shop(s);

2) Sites/ buildings/ areas of community facilities/ Amenities like Nursery/ Primary/ Higher Secondary Schools, Club/ Community Centers, Dispensary, Creche, Religious Buildings, Health Centers, Police Posts, Electric Sub-Station, Dwellings Units for Economically Weaker Section/ Service Personnel;

3) Roof/ Terrace above Units/ Penthouses (Excluding exclusive terraces for Penthouses);

4) Car parking area within the said Affordable Units:

4-a) Covered car parking area allotted to Unit Allottee for exclusive use;

4-b) Open car parking area allotted to Unit Allottee, for exclusive use around buildings/on surface. It is further clarified that the super area mentioned in this Application Form and the Builder Buyers Agreement is tentative and for the purpose of computing sale price in respect of said Unit only and that the inclusion of common areas within the said building, for the purpose of calculating super area does not give any right, title or interest in common areas to Unit Allottee except the right to use common areas by sharing with other occupants/ allottees in the said building subject to timely payment of maintenance charges.

Super Area and the percentage of Unit Area to super area may undergo changes till the completion of the Building/ Affordable Units and final super area shall be intimated upon completion of construction of said building(s).

“Taxes” shall mean any and all taxes payable by the Developer which shall include but not be limited to property tax, fire tax, value added tax, GST, state sales tax, central sales tax, works contract tax, workers welfare cess/ fund, service tax, VAT, cess, educational cess or any other taxes, charges, surcharges, levies by whatever name called, in connection with the development/ construction of the said Colony/ said Affordable Units/ said Unit.

“Total Sale Price” means the amount amongst others, payable for the said Unit which includes Basic Sale Price, PLC (if the said Unit is preferentially located), calculated on per sq. feet basis of the super area of the said but does not include other amounts, charges, security amount etc., which are payable as and when demanded by the company in accordance with the terms of this application form/ agreement, including but not limited to-

I) External Development Charges (EDC),

II) Infrastructure Development Charges (IDC),

III) Interest Free Maintenance Security Deposit (IFMSD)

IV) EDC, increase in EDC, IDC, increase in IDC, IAC, increase in IAC, wealth tax, government rates tax on land, fees or levies of all and any kinds by whatever name called even with retrospective effect in respect of the said Building/ said Unit.

V) Maintenance charges, property tax, municipal tax, service tax on the said Unit.

VI) Stamp duty, registration and incidental charges as well as expenses for execution of the Agreement and conveyance deed etc. which shall be borne and paid by the Applicant.

VII) Taxes, including service tax, surcharge etc.

VIII) Sewerage Treatment Plant, Sewage Connection Charges, Gas Pipeline Charges

IX) Escalation in construction cost, the cost for electric and water meter as well as charges for water and electricity connection and consumption along with charges towards erecting / installation of Electric Sub Station.

X) Club membership fees and club charges, if applicable.

XI) Possession Charges

XII) Any other charges that may be payable by the applicant as per the terms of the Application Form and such other charges as may be demanded by the Developer.

XIII) Transfer Charges - which amounts shall be payable by the Applicant in accordance with the terms and conditions of the Application Form/ Agreement and as per the demand raised by the Developer from time to time.

2) The Applicant has applied for booking/ allotment of the said Unit and is fully aware of all the limitations and obligations of the Developer and its Group Companies in relation to and in connection with the development/ construction of the said Unit/ said Building/ said Group Colony and has also satisfied himself about the arrangements/title/interest/ rights of the Developer in the land on which the said Unit/ said Affordable Units is proposed to be developed/ constructed and has understood all limitations or obligations of the Developer in respect thereof. The applicant confirms that no further investigation in this regard is required by the applicant. The Applicant confirms that this Application Form is irrevocable and cannot be withdrawn.

3)The Applicant shall pay the total Sales Price of the said Unit in accordance with the payment plan opted for by the applicant and in addition, the Applicant shall also be liable to pay all other amounts, charges and dues mentioned in this application form and/or in the Agreement in accordance with the demand raised by the Developer from time to time. The applicant agrees and understands that the Total Sale Price of the said Unit and other charges are calculated on the basis of the super area of the said Unit which is tentative and any increase or decrease thereof shall be payable or refundable at the rate mentioned in this Application Form. It is further understood by the Applicant that the definition of super area shall be more clearly defined in the Agreement and the Applicant affirms to be bound by the same.

4)Subject to the terms and conditions of this Application Form/ Builder Buyers Agreement, on and after the payment of the Total Sale Price and other charges and dues as per the Application Form/ Builder Buyers Agreement, the Applicant shall have the i) ownership of the Unit area of the said Unit; ii) undivided interest and the right to use common areas and facilities in the Building in which the said Unit will be located (hereinafter referred to as the said Building) along with other Unit owners; iii) right to exclusive use of the dedicated car Parking Space; and iv) undivided proportionate interest in the Foot Print of the said Building calculated in the ratio of super area of the said Unit to the total super area of all the Units in the said Building.

5)The Applicant agrees that the Applicant shall not have any ownership right in any commercial premises, buildings, shops, community centers, club and school, if any, constructed in the said Affordable Units. The Developer shall be free to dispose of the same on such terms and conditions, as it may deem fit. The Applicant shall not have any right to interfere in the manner of booking, allotment and finalization of sale of the shops, commercial premises, buildings, community centers, club, school etc., or in their operation and management including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease, collaboration, joint venture, operation and management or any other mode including transfer to Government, semi government, any other authority, body, any person, institutions, trust and/or any local bodies, which the Developer may deem fit in its discretion.

6)The applicant agrees that if due to any change in the lay-out plan/building plan of the said Colony/ said Affordable Units/said Building/said Apartment :-

9-a)The said Unit ceases to be preferentially located then only the amount of PLC, paid by the applicant shall be refunded and such refund shall be made/ adjusted in the next installment as stated in the payment plan opted for by the Applicant.

9-b) The said Unit becomes preferentially located, if at the time of the Application Form it was not preferentially located, the Applicant shall pay PLC of the Unit to the developer as applicable and as demanded by the Developer.

The Applicant understands that in case of change in the location of the said Apartment due to change in the layout plan/building plan of the said Colony/said Affordable Units/ said Building/ said Unit or otherwise, the Applicant shall have no other right or claim except as mentioned hereinabove.

7)The payment of statutory dues such as External Development Charges (EDC) and Infrastructure Development Charges (IDC) does not form part of the sale price, such charges have been factored in the schedule of payment/Payment Plan of the said Unit. Any increase and/or enhancement in the EDC & IDC or any other such statutory dues by whatever name called, even with retrospective effect, shall be payable by the Applicant in proportion to the super area of the said Unit to the total area of all such Units subjected to such EDC & IDC or any other statutory dues. The pro rata demand made by the Developer to the Applicant with regard to such dues shall be final and binding on the Applicant. If the same is not paid within the stipulated time, such default shall be treated as non payment of the charges as per the Application Form/Agreement and the Developer shall be entitled to cancel the Allotment/ Agreement and forfeit the Earnest Money along with the Non Refundable Amounts. If such statutory dues are levied (including with retrospective effect) after the conveyance deed has been executed then the same shall be treated as unpaid sale price of the said Unit and the Developer shall have the first charge and lien over the said Unit.

8)The basic sale price of the said Unit mentioned in this application form is inclusive of the cost of providing basic electric wiring, switches, sanitary fittings. However, the same does not include the cost of electric & water meters/ connections which shall be got installed by the applicant at his own cost. Similarly, the specifications mentioned are indicative and subject to change. The applicant further agrees and understands that the Developer shall have the option to choose specific brands and the applicant shall not have the right to raise any dispute or claim with regard to the same. The Developer is also not giving any warranty or guarantee with regard to the fittings that may be installed in the Said Unit and the same shall be as per the terms & conditions mentioned in the warranty/ guarantee issued by the manufacturer and supplier and the guarantees/ warranties issued by the suppliers/ manufacturers will be handed over to the Applicant at the time of possession. Thereafter, the Developer shall be absolved of all its responsibilities and liabilities with regard to the functioning, manufacturing, operation of the fittings and shall not be responsible or liable for any defect, mishap, accident which may occur due to any manufacturing defect, operational defect or otherwise in their functioning.

9)The Applicant understands that the parking space that may be allocated to the Applicant shall be an integral part of the said Unit which cannot be sold/dealt with independently or separately.

10)The Applicant agrees that time is of the essence in respect of all payments to be made by the Applicant including the Total Sale Price and all other amounts, charges and dues, as mentioned in this application form/Builder Buyers Agreement.

11)The applicant has seen and accepted the plans and has applied for the allotment of the said Unit with the specific knowledge that the building plans, designs, specifications, measurements, dimensions, location and number of the said Unit and/ or the said Building, Unit plans and all other terms and conditions are tentative and are liable to change, alteration, modification, revision, addition, deletion, substitution or recast at the discretion of the Developer and may also change due to changes/modification required by the competent authority. The Applicant hereby agrees that the Developer is fully entitled to increase/change the number of the said Unit or the location thereof and the applicant shall not object to the same.

However, in case of any major alteration/ modification resulting in more than 10% change in the super area of the said Unit or any material change in the specifications, any time prior to and/ or upon the grant of occupation certificate by the Developer’s architect or by the competent authority, the Applicant will be informed in writing by the Developer of such change and the difference in price of the said Unit to be paid by him or refunded to him by the Developer as the case may be. The Applicant agrees to inform the Developer in writing his objections, if any, to the changes within thirty (30) days from the date of such notice failing which the applicant shall be deemed to have given his consent to all the al-terations/modifications. If the Applicant objects to such change in wiring, within the permitted time and the Developer decides to go ahead with changes, then the allotment shall be deemed to be cancelled and the Developer’s only liability will be to refund the entire money received from the applicant along with simple interest @ 12 % per annum only and the applicant agrees that the Applicant shall have no other claim or right to raise any claim or dispute of any nature whatsoever and the Developer shall be free to deal with/ dispose of the said Unit in a manner in which it may deem fit.

The applicant agrees that in case of any increase or reduction in the super area of the said Unit beyond +/-10% shall be payable by him or refundable to him.

12)The Applicant agrees and undertakes to pay all Government rates, tax on land, municipal tax, property taxes, wealth tax, GST, service tax, fire tax, VAT, fees, cess, surcharge or levies of all and any kind by whatever name called, whether levied or leviable now or in future, retrospectively or prospectively by the Government, municipal authority or any other governmental authority on the said Affordable Units/ said Building/ said Unit or land appurtenant thereto, as the case may be, as assessable or applicable from the date of the Application Form. The Applicant shall be liable to pay all the levies and fees on pro-rata basis as determined by the Developer and the determination of the share and demand shall be final and binding on the applicant till the said Unit is assessed separately.

13)The applicant agrees that the Developer shall not be liable to perform any or all of its obligations during the subsistence of the Force Majeure conditions and the time period required for performance of its obligations shall stand extended. If in the opinion of the Developer Force Majeure continues for a considerable time, then the Developer may in its discretion put the construction of the complete or part of the project in abeyance and terminate/ alter/vary the terms and conditions of this Application Form/Agreement and in case of such termination, the Applicant shall be entitled to refund of the amounts deposited by the Applicant, without any interest or compensation whatsoever, provided the Applicant is not in breach of any of the terms of this Application Form,/Agreement.

The applicant agrees and acknowledges that the Developer, in its discretion may abandon the project completely or partly, without assigning any reason thereof and in such an eventuality, the liability of the Developer shall be limited only to refund the amount received from the applicant, along with simple interest @12 % per annum from the date of receipt of such amount and the Applicant shall have no other claim of any nature whatsoever.

14)Subject to other terms of this Application Form and/or the Agreement including but not limited to clause 14 above and timely payment of the Total Price and other amounts, charges and dues as mentioned in the Application Form/Agreement, the Developer shall endeavor to complete the construction of the said Unit by 36 Months and thereafter the Developer shall offer the possession of the said Unit to the applicant. Any delay by the applicant in taking the possession would attract charges @ Rs. 7.50/- per sq. ft. per month of the super area which may be revised by the Developer as per its policy and other charges as per the Agreement of the said Unit for the delay of any month or part thereof. Subject to the terms and conditions of the Agreement, in case of delay(except for Force Majeure conditions) by the Developer in completion of the construction of the said Unit, the Developer will pay compensation @ Rs. 7.50/- per sq. ft. per month of the super area of the said Unit to the applicant which both parties agree is a just and equitable estimate of the damages that the Applicant may suffer and the Applicant agrees that it shall have no other rights/ claims whatsoever, provided the Applicant is not in breach of any of the terms of this Application Form/ Agreement. The adjustment of such compensation shall be done at the time of execution of the conveyance deed which will be executed and got registered in favour of the Applicant within reasonable period of time after the said Unit has been constructed and after full price thereof and all other sums/ charges have been paid by the Applicant. The cost of stamp duty, registration charges etc., as applicable for registration of BBA as well as Conveyance Deed, shall be borne by the Applicant.

15)The Applicant agrees and understands that in order to provide necessary maintenance services in the said residential colony, the same may be handed over to a maintenance Company/ Agency to be appointed by the Developer. The Applicant agrees to enter into a maintenance agreement with the said Maintenance Company/ Agency for provision of services like security, maintenance, cleaning & lighting of internal roads within the said Affordable Units etc. and undertakes to pay the maintenance bills/ charges thereof. The Developer reserves the right to change, modify, amend and impose additional conditions in the maintenance agreement at the time of its final execution. The maintenance charges shall become applicable/ payable from the date of issue of notice of possession, irrespective of whether physical possession has been taken or not. The applicant shall pay an IFMSD (Interest Free Maintenance Security Deposit) as stipulated in the Schedule of Payments for securing the maintenance charges payable by the applicant and shall be subject to increase from time to time.

16)The Applicant shall be liable to pay all fees, duties expenses, costs, etc., including but not limited to stamp duty, registration charges, transfer duty and all other incidental and legal expenses for the execution and registration of the agreement/ conveyance deed of the said Unit, as and when demanded by the Developer, within the stipulated period as mentioned in the demand/intimation letter of the Developer. In case, Applicant fails to deposit such amounts demanded within the period mentioned in the demand letter or in case of dishonor of cheques paid by the Applicant, the Developer shall have the right to cancel the allotment of the Said Unit and forfeit the Earnest Money and refund the balance amount, if any, to the Applicant, without any interest provided that the Applicant is not in breach of any terms of this application form/Agreement.

17)The applicant agrees that the Developer shall be entitled forfeit the Earnest Money or any amount of payment /amount received towards Earnest Money, by whatever name called, along with the Non Refundable amount and to charge interest on delayed payment, as per the policy of the Developer, in case of non fulfillment/ breach of the terms and conditions (including remittance of the installment due) of the Application Form and/or the Agreement including with-drawal of the Application Form, as detailed above, and also in the event of the failure by the applicant to sign and return to the Developer the Agreement within the stipulated period. Thereafter the Applicant shall be left with no lien, right, title, interest or any claim of whatsoever nature in the Said Unit. The Developer shall thereafter be free to resell and/or deal with the Said Unit in any manner whatsoever. The amount(s), if any, paid over and above the Earnest Money and deduction of interest on delayed payment, as per the policy of the Developer and the Non Refundable Amounts, would be refunded to the Applicant by the Developer without any interest or compensation of whatsoever nature. The Developer shall at all times have the first lien and charge on the Said Unit for all its dues payable by the Applicant to the Developer. If the amount deposited/ paid by the applicant is less than the Earnest Money and Non-Refundable amounts then the Applicant agrees and undertakes to make the payment of the difference amount forthwith at the first written request from the Developer.

18)The Developer may, at its discretion and subject to applicable laws and notifications or any government directions as may be in force, permit the applicant to get the name of his nominee substituted in his place subject to such terms and conditions and charges as the Developer may impose. The Applicant shall be solely responsible and liable for all legal, monetary or any other consequences that may arise from such nominations. It is specifically made clear to the Applicant that as understood by the Developer at present there are no executive instructions of the competent authority to restrict any nomination / transfer/ assignment of the Said Unit. However, in the event of any imposition of such executive instructions at any time after the date of this Application Form to restrict nomination/ transfer/ assignment of the Said Unit by any authority, the Developer will have to comply with the same and the Applicant has specifically agreed to the same.

19)The applicant agrees that the Developer shall have the right to raise finance/loan from any financial institution/ bank by way of mortgage/ charge/ securitization of receivables of the Said Unit subject to the Said Unit being free of any encumbrances at the time of execution of sale deed. The Developer shall always have the first lien/ charge on the Said Unit for all its dues and other sums payable by the Applicant.

20-I) The applicant agrees that in case the Applicant opts for a loan arrangement with any financial institution/ bank for the purchase of the said Unit, the conveyance of the said Unit in favour of the Applicant shall be executed only upon the Developer receiving “No Objection Certificate” from such financial institution/bank.

20-II) The Applicant may obtain finance from any financial institution / bank or any other source but the Applicant’s obligation to purchase the said Unit pursuant to this Agreement shall not be contingent on the Applicant’s ability or competency to obtain such financing and the Applicant will remain bound under this Agreement whether or not he has been able to obtain financing for the purchase of the said Unit. In the event the Applicant obtains finance from any financial institution/ bank or any other source, the Applicant shall make timely and regular payment of loan installments to such financial institution/ bank. In case of cancellation of allotment of the Unit on any account any amount which becomes refundable under the terms and conditions of this Agreement after the forfeiture of Earnest Money Deposit and other amounts as aforesaid would be refunded to the concerned financial institution/ bank of the Applicant towards repayment of his loan in relation to the said allotment. In that event all the matters of accounting, including payment of interest on the loan amount, shall be settled by the Applicant with the financial institution/ bank without recourse to or involving the Develope

21)The Applicant agrees that in case the Applicant is an NRI or non-resident/ foreign national of Indian origin/ foreign national/ foreign company then all remittances, acquisition/ transfer of the said Unit, any refund, transfer of security etc., shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof and the rules and regulations of the Reserve bank of India or any other applicable law and it shall be the sole responsibility of non- resident/ foreign national of Indian origin/ foreign nationals/ foreign companies to abide by the same. The Developer accepts no responsibility in this regard.

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

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

That the Applicant also undertakes and assures the Developer that the funds utilized by him/her for making payments qua his/her/its Plots/unit shall not be derived from unlawful means and shall be completely untainted.

22) The Applicant agrees to inform the Developer in writing any change in the mailing address mentioned in this Application Form, failing which all letters by the Developer shall be mailed to the address given in this Application Form shall be deemed to have been received by the Applicant. In case of joint applicants communication sent to the first named Applicant in this Application Form shall be deemed to have been sent to all applicants.

23)The Applicant hereby Undertakes to pay from time to time and at all times, the amounts which the Applicant is liable to pay as agreed to the developer and to observe and perform all the covenants and conditions of booking and sale and to keep the Developer and its agents and representatives, estate and effects, indemnified and harmless against all payments and observance and performance of the said covenants and conditions and also against any loss or damages that the Developer may suffer as a result of non-payment, non observance or non performance of the said covenants and conditions by the Applicant.

24)The Developer is not required to send reminders/notices to the Applicant in respect of the obligations of the Applicant as set out in this Application Form and/or the Agreement and the Applicant is required to comply with all its obligations on it own.

25)The Applicant understands that the allotment of the said Unit is entirely at the discretion of the Developer.

26) The Applicant(s) declares and affirms that in case of joint applicant’s failure to pay by anyone shall be deemed as failure to pay by both/all and the joint applicants shall be treated as one single person for the purpose of this application form and both/all shall be liable for the consequences jointly as well severally. Any notice/ communication to the first applicant shall be deemed as notice to both/ all the applicants.

27)The Applicant understands that this Application Form is purely on tentative basis and the Developer may at its discretion decide not to allot any or all the apartments in the said Affordable Units / said Building to applicant or altogether decide to put at abeyance the project itself or any number of Unit(s), for which the applicant shall not have a right to raise any dispute and claim any right/ title/ interest on the acceptance of the Application Form and receipt of the booking amount being received by the Developer with this application from the Applicant. The Applicant agrees and understands that this application form does not guarantee an allotment. The Applicant also understands that no rights get crystalized upon filing of the application form or till the execution of BBA/ Agreement to sell in his favour.

28)The Developer shall have the right to avail extra FAR/ FSI and/or add extra land to the existing parcel of land and/or thereby avail extra FAR and build new buildings anywhere within the said Affordable Units and /or put up additional structures in/ upon the said Building the Applicant shall not raise any objection with regard to the same and shall be considered as his/her approval. Such additional Unit Building(s) /structures shall be the sole property of the Developer which the Developer will be entitled to dispose off in any way it chooses without any interference on the part of the Allottee(s).

29) The Applicant agrees that the Developer shall have the right to transfer ownership of the said Affordable Units in whole or in part to any other entity such as any partnership firm, body corporate(s) whether incorporated or not, association or agency by way of sale/ disposal/ or any other arrangement as may be decided by the Developer without affecting the rights of the applicant and without any intimation, written or otherwise to the Applicant and the Applicant shall not raise any objection in this regard.

30) This application form has been executed at Pataudi and Gurgaon and courts at Pataudi/Gurgaon alone shall have the jurisdiction in all matters arising out of or touching and / or concerning this transaction.

31) The Applicant has fully read and understood the above mentioned terms and conditions and agrees to abide by the same.