AGREEMENT FOR SALE THIS AGREEMENT IS MADE ON THIS THE DAY OF TWO THOUSAND AND TWELVE BETWEEN ARADHYA

NIRMAN PRIVATE LIMITED, a Company duly registered and incorporated under the Companies Act, 1956 having its registered office at the premises no. 50, Suburban School oad, !olice Station "alighat, "ol#ata $00 0%5, hereinafter referred to as the & DEVELOPER' ()hich term and e*pression shall unless e*cluded by or repugnant to the sub+ect or conte*t shall be deemed to mean and include its successors, successors,in,interests and-or assigns. of the FIRST PART. AND PAKKER KADER MOHIDEED GANI, son of !a##er /ohammed, by faith /uslim, by occupation 0usiness, residing at %1-C, 2lliot oad, "ol#ata 3 $00 016, hereinafter referred to as the & OWNER' ()hich e*pression unless e*cluded by or repugnant to the sub+ect or conte*t shall be deemed to mean and include their and each of their respective heirs e*ecutors administrators legal representatives and-or assigns. of the SECOND PART. AND , son-)ife of 44444444, by faith 44.44.., by occupation Service-0usiness-5ouse)ife, residing at 444444444.., and , son-)ife of 44..44444, by faith 444..., by occupation Service-0usiness-5ouse)ife, residing at 44444444444 and-or 444444444..4444.4444, a 444444444444444444444.. having its office at 44444444444444., hereinafter called and referred to as the PURCHASER/S ()hich term and e*pression shall unless e*cluded by or repugnant to the sub+ect or conte*t be deemed to mean and include his-her-its-their heirs, e*ecutors, administrators, successors, successors,in,interests, representatives, nominee-s and assigns. of the THIRD PART. WHEREAS: A. UNLESS IN THESE PRESENTS, THERE BE SOMETHING CONTRARY OR REPUGNANT TO THE SUBJECT OR CONTE T: i. SAID PREMISES shall mean the piece or parcel of land containing an area of $ 0ighas $ Cottahs 15 Chittac#s and 15 s6. ft. more or less situate lying and comprised in 7. 8. 9o. 1:% and 1:;, <ag nos. 1$, ;1, ;6-%;51, ;6, %151, ;9, ;:, ;6 and ;$ corresponding to "hatian 9os. 1$0%, 1$0;, 1$01, 6:1, 6$% and 1; situate lying at /ou=a "aira and "adambagachi, !.S. 0arasat, and A.<.S. . at "adambagachi in the <istrict of 9orth %: !arganas, )hereat the proposed esidential 5ousing Comple* 0uildings is to be constructed by the <eveloper, more fully and particularly mentioned and described in the FIRST SCHEDULE hereunder )ritten. HOUSING COMPLE AND/OR BUILDING/S AND/OR NEW BUILDING/S shall mean and include the housing comple* consisting of ne) building or buildings to be constructed by the <eveloper at the said !remises. CO!OWNERS/UNIT/FLAT/SPACE!HOLDERS according to the conte*t shall mean all the buyers-o)ners )ho from time to time have purchased or agreed to purchase either from the <eveloper or the >)ners and ta#en possession of any ?nit-@lat-Space in the said 5ousing Comple* including the <eveloper for those ?nit-@lat-Spaces out of the <eveloperAs Areas-Allocation not so alienated or so agreed to be alienated by the <eveloper and shall similarly include the >)ners for the Areas - Allocation of the >)ners in the said 5ousing Comple*.

ii.

iii.

iv.

COMMON AREAS AND INSTALLATIONS shall mean the areas installations and facilities in the 5ousing Comple* and the said !remises as mentioned and specified in PART!I of the THIRD SCHEDULE hereunder )ritten and e*pressed or intended by the <eveloper for e*clusive use and en+oyment by the occupants of the 5ousing Comple*. Bt is clarified that the Common Areas and Bnstallations shall not include the par#ing spaces and other open and covered spaces at the !remises and the 0uilding-s )hich the <eveloper may use for itself or permit to be used for the purpose of par#ing cars, t)o )heelers and other vehicles and-or for other purposes nor shall include roofs-terraces at different floor levels attached to any particular ?nit-@lat-Space or ?nit-@lat-Spaces and the <eveloper shall in its absolute right deal there)ith to )hich the !urchaser-s hereby consents.

v.

COMMON E PENSES shall mean and include all e*penses to be incurred for the management maintenance up#eep and administration of the Common Areas and Bnstallations and rendition of common services in common to the co,o)ners of the 5ousing Comple* and all other e*penses for the common purposes (including those mentioned in the FOURTH SCHEDULE hereunder )ritten. to be contributed and shared by the co,o)ners. COMMON PURPOSES shall mean and include the purpose of managing maintaining up,#eeping and administering the Common Areas and Bnstallations, rendition of services in common to the ?nit-@lat-Space 5olders - Co,o)ners in the 5ousing Comple* for the Common Areas and Bnstallations, collection and disbursement of the common e*penses and dealing )ith all matters of common interest of the ?nit-@lat-Space 5olders. UNIT/FLAT/SPACES shall mean all the ?nit-@lat-Spaces and other saleable spaces constructed areas in the 5ousing Comple*, capable of being independently and e*clusively held used occupied and en+oyed. And )hereas )herever the conte*t so permits or intends shall include the !ar#ing Space-s and also the proportionate undivided share in the land comprised in the said !remises (as it may finally stand at the time of completion of the 0uilding-s-5ousing Comple*. and the Common Areas and Bnstallations, attributable thereto. PARKING SPACES shall mean the spaces in the ground floor of the various bloc#s of buildings 5ousing Comple* as also at the open space at the ground level in the !remises capable of being par#ed motor cars, t)o )heelers and other vehicles therein or thereat. BUILT!UP AREA according to the conte*t shall mean and include the plinth area of any ?nit-@lat-Space in the 5ousing Comple* (including the thic#ness of the e*ternal and internal )alls thereof and columns therein PROVIDED THAT if any )all or column be common bet)een t)o ?nit-@lat-Spaces, then one half of the area under such )all or column shall be included in the area of each such ?nit-@lat-Space.. SUPER BUILT UP AREA according to the conte*t shall mean the built,up area of any ?nit-@lat-Space in the 5ousing Comple* "#$ shall include the proportionate share of the area of the common areas in the 5ousing Comple* attributable to such ?nit-@lat-Space as shall be determined by the <eveloper in its absolute discretion. PROPORTIONATE OR PROPORTIONATELY according to the conte*t shall mean the proportion in )hich the super built up area of the said ?nit-@lat-Space may bear to the built up area of all the ?nit-@lat-Spaces in the 5ousing Comple* PROVIDED THAT )here it refers to the share of the !urchaser-s or any Co,o)ner in the rates

v.

vi.

vii.

viii.

i*.

*.

3 and-or ta*es amongst the Common 2*penses then such share of the )hole shall be determined on the basis on )hich such rates and-or ta*es are being respectively levied (i.e. in case the basis of any levy be on area rental income consideration or user then the same shall be determined on the basis of the area rental income consideration or user of the said ?nit-@lat-Space.. *i. DEVELOPMENT AGREEMENT shall mean the <evelopment Agreement dated CCCCCCCCCCCCCCCCCCCC entered into by and bet)een the >)ners therein also referred to as the >)ners of the one part and the <eveloper herein therein also referred to as the <eveloper of the other part. MAINTENANCE COMPANY/ASSOCIATION shall mean any Company incorporated under any provisions of the Companies Act, 1956 or any Association or any Syndicate Committee or egistered Society or any other Association of !ersons of the Co,o)ners, that may be formed by the <eveloper for the common purposes having such rules regulations bye,la)s and restrictions as be deemed proper and necessary by the <eveloper in its absolute discretion. MAINTENANCE IN!CHARGE shall upon formation of the /aintenance Company and its ta#ing over charge of the acts relating to the Common !urposes from the <eveloper shall mean the /aintenance Company and till such time the /aintenance Company is formed and ta#es over charge of the acts relating to the Common !urposes shall mean the <eveloper. DATE OF COMMENCEMENT OF LIABILITY shall mean the date on )hich the !urchaser-s ta#es actual physical possession of the said ?nit-@lat-Space after fulfilling all his liabilities and obligations in terms of the clause 5 hereinafter or the date of e*piry of the period specified in the notice by the <eveloper to the !urchaser-s to ta#e possession of the said ?nit-@lat-Space in terms of the said clause 5 irrespective of )hether the !urchaser-s ta#es actual physical possession of the said ?nit-@lat-Space or not, )hichever be earlier. ARCHITECTS shall mean CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC or such other Architects as may be appointed by the <eveloper from time to time for the 0uildingD ADVOCATES shall mean CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC or such other Advocates as may be appointed for the said !ro+ect at the said premises. PLAN shall mean the plan for the time being sanctioned by the CCCCCCCCCCCCCCCCCCCCCCCCC dated CCCCCCCCCCCCCCC for construction of the 5ousing Comple*-9e) 0loc#s of 0uildings at the said !remises and shall include sanctionable modifications thereof and-or alterations thereto as may be made from time to time by the <eveloper. Bt is clarified that in case additional constructions are sanctioned by the concerned authorities, then the <eveloper and >)ners (as per arrangement bet)een them. shall be entitled to construct and deal )ith the same, to )hich the !urchaser-s hereby consents. Eords importing SINGULAR NUMBER shall include the PLURAL NUMBER and vice versa. Eords importing MASCULINE GENDER shall include the FEMININE GENDER and NEUTER GENDER. Similarly )ords importing FEMININE GENDER shall include MASCULINE GENDER and NEUTER GENDERD 8i#e)ise NEUTER GENDER shall include MASCULINE GENDER and FEMININE GENDER.

*ii.

*iii.

*iv.

*v.

*viii. *i*.

**. **i.

4 0. Fhe >)ners are sei=ed and possessed of and-or other)ise )ell and sufficiently entitled as the full and absolute o)ners to the said !remises described in %&' FIRST SCHEDULE hereunder )ritten, absolutely and forever. <evolution of title of the >)ners to the said !remises is set out in the SI TH SCHEDULE hereunder )ritten. 0y and in terms of the <evelopment Agreement, the >)ners irrevocably permitted and granted e*clusive right to the <eveloper to develop the said !remises by constructing 9e) 0uilding-s thereat for mutual benefit and for the consideration and on the terms and conditions therein contained. ?nder the said <evelopment Agreement it )as agreed by and bet)een the >)ners on the one hand and the <eveloper on the other hand, inter alia, as follo)sG (a. Bn the 9e) 0uilding-s to be constructed at the said !remises, the <eveloper hereto )ould be allotted and be entitled to the <eveloperAs Allocation, as therein defined, and the >)ners )ould be allotted and be entitled to the >)nersA Allocation, as also therein defined. Fhe <eveloper )ould be entitled to sell, transfer and dispose of or agree to sell transfer and dispose off the <eveloperAs Allocation to the person or persons desirous of o)ning or other)ise ac6uiring the same for the consideration and on the terms and conditions as be decided by the <eveloper in its absolute decision. Fhe costs of construction of the 5ousing Comple* ()hich includes the >)nersA Allocation. )ould be borne and paid by the <eveloper. Fhe <eveloper shall have the absolute right to have and sell transfer and deal )ith and-or agree to do so the <eveloperAs Allocation in the said !remises together )ith the <eveloperAs proportionate undivided share in the land of the said !remises as also in the Common Areas and Bnstallations, and to realise and appropriate absolutely the sale proceeds thereof.

C.

<.

(b.

(c. (d.

2.

Fhe <eveloper, at its o)n costs and e*penses, has caused to be prepared the !lan, being the plan for construction of the 9e) 0uilding-s at the said premises, and the same has been sanctioned by concerned authorities. Fhe >)ners and the <eveloper have since mutually identified and allocated the ?nit-@lat-Spaces, par#ing spaces and the appurtenant shares and properties allocable to each of them pursuant to the said <evelopment Agreement. Fhe !urchaser-s, being desirous of o)ning ALL THAT the said ?nit-@lat-Space morefully and particularly mentioned and described in the SECOND SCHEDULE hereunder )ritten, approached the <eveloper to sell convey and transfer the same to the !urchaser-s to )hich the <eveloper agreed to at or for the consideration and on the terms and conditions hereinafter contained. Bt is specifically mentioned that the said ?nit-@lat-Space described in the SECOND SCHEDULE hereunder )ritten is part of the D'(')*+',- A))*."%/*# belonging - allotted to the <eveloper herein.

@.

H.

5.

NOW THESE PRESENTSWITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. SALE OF PROPERTY AND CONSIDERATION G Fhe <eveloper agrees to sell and transfer ALL THAT the said ?nit-@lat-Space more fully and particularly mentioned and described in the SECOND SCHEDULE hereunder )ritten TOGETHER WITH proportionate undivided indivisible share in the Common Areas and Bnstallations morefully and particularly mentioned

5 and described in PART!I of the THIRD SCHEDULE hereunder )ritten, attributable to the said ?nit-@lat-Space AND to cause to be sold and transferred by the >)ners to the !urchaser-s the said Share in the said !remises, TOGETHER WITH right to use the Common Areas and Bnstallations in common )ith the other persons la)fully entitled to common user of the same, and the !urchaser-s agrees to purchase the same at or for the consideration mentioned in PART!I of the FIFTH SCHEDULE hereunder )ritten payable by the !urchaser-s to the <eveloper in installments as mentioned in PART!II of the FIFTH SCHEDULE hereunder )ritten on and sub+ect to the terms and conditions contained herein. %.1 %.% Fime for payment by the !urchaser-s shall be the essence of the contract. OWNERS CONFIRMATION: Fhe >)ners have been made party to these presents to confirm that the >)ners shall +oin in as party to the deed-s of conveyance or transfer that be e*ecuted and registered by the <eveloper for sale of the said ?nit-@lat-Space in favour of the !urchaser-s and thereby convey unto and to the !urchaser-s the said Share in the said !remises )ithout claiming any consideration or additional consideration from the !urchaser-s for conveying the said Share in the said !remises. UNIT/FLAT/SPACE CONSTRUCTIONG Sub+ect to @orce /a+eure and sub+ect to the !urchaser-s ma#ing payment of the consideration )ithin the due dates stipulated hereunder and complying )ith his-her-its-their other obligations herein contained, the <eveloper shall construct and complete the construction of the said ?nit-@lat-Space by the <eveloper )ithin the period mentioned in PART!III of the THIRD SCHEDULE hereunder )ritten and shall cause to be installed and completed the Common Areas and Bnstallations )ithin a reasonable time thereafter. Fhe said ?nit-@lat-Space )ill be provided )ith the fittings fi*tures and amenities as specified in PART!II of the THIRD SCHEDULE hereunder )ritten. Fhe <eveloper )ill construct the 5ousing Comple* in accordance )ith the !lan, )ith such sanctionable modifications thereof and-or alterations thereto as be deemed fit and proper by the <eveloper. NO OBSTRUCTION / HINDRANCE : Fhe !urchaser-s shall not in any manner cause any ob+ection obstruction interference hindrance impediment or interruption at any time hereafter in the construction or completion of construction of or in the 5ousing Comple* or other parts of the said !remises in any manner (not)ithstanding the delivery of possession of the said ?nit-@lat-Space to the !urchaser-s in the meantime and not)ithstanding there being temporary inconvenience in the use and en+oyment thereof by the !urchaser-s. nor shall at any time hereafter do or omit to be done anything )hereby the construction or development of the 0uilding-s or the 5ousing Comple* or the said !remises or the sale or transfer of the other ?nit-@lat-Spaces in the 5ousing Comple* is in any )ay interrupted or ob+ected or obstructed or interfered or interrupted or hindered or impeded )ith nor shall in any )ay commit breach of any of the terms and conditions herein contained and if due to any neglect or default on the part of the !urchaser-s or because of any act or omission on the part of the !urchaser-s, the <eveloper or the >)ners are restrained from construction as aforesaid and-or transferring and disposing of the other ?nit-@lat-Spaces therein then and in that event )ithout pre+udice to such other rights the <eveloper or the >)ners may have, the !urchaser-s shall be liable to compensate and also indemnify the <eveloper and the >)ners for all losses damages costs claims demands actions and proceedings that may be suffered or incurred by the <eveloper or the >)ners or any of them. POSSESSION AND CONVEYANCE G ?pon the said ?nit-@lat-Space being made tenantable, the <eveloper shall give a notice thereof to the !urchaser-s )ho shall )ithin 15 (fifteen. days of its service pay the entire balance consideration and all other amounts and deposits payable by the !urchaser-s to the <eveloper hereunder and fulfill all his other covenants hereunder and complete the purchase of the said ?nit-@lat-Space and ta#e possession of the said ?nit-@lat-Space.

;.

;.1

:.

5.

6 5.1 Bt is e*pressly agreed understood and clarified as follo)sG (i. Fhe <eveloper shall not be liable to deliver possession of the said ?nit-@lat-Space to the !urchaser-s nor to e*ecute or cause to be e*ecuted any Sale <eed or other instruments until such time the !urchaser-s ma#es payment of all amounts agreed and re6uired to be paid hereunder by the !urchaser-s and the !urchaser-s has fully performed all the terms conditions and covenants of these present and on the part of the !urchaser-s to be observed and performed until thenD Fhe !urchaser-sAs-sA liabilities and obligations to)ards payment of Common 2*penses, rates and ta*es and other outgoings payable in respect of the said ?nit-@lat-Space as )ell as all or any conse6uence of default, non performance or delay in performance of all or any of the obligations and covenants as contemplated under the 5eading &/anagement /aintenance and Common 2n+oyment' hereunder shall be deemed to have commenced on and from the <ate of Commencement of 8iability irrespective of )hen the !urchaser-s ta#es actual physical possession of the said ?nit-@lat-Space.

(ii.

5.%

Sub+ect to the !urchaser-s ma#ing payment of the entire consideration and all other amounts and deposits payable by the !urchaser-s hereunder and complying )ith all his other obligations hereunder, the <eveloper shall e*ecute and also cause to be e*ecuted by the >)ners the Sale <eed or <eeds in respect of the said ?nit-@lat-Space and the said Share in the said premises in favour of the !urchaser-s upon the delivery of possession of the said ?nit-@lat-Space to the !urchaser-s, it being e*pressly made clear that the <eveloper shall not be obliged to deliver possession of the said ?nit-@lat-Space to the !urchaser-s unless the !urchaser-s e*ecutes and-or is ready and )illing to e*ecute the conveyance simultaneously )ith such delivery of possession. Bn case upon completion of construction of the said ?nit-@lat-Space, the super built,up area of the said ?nit-@lat-Space varies from the area stated in the SECOND SCHEDULE hereunder )ritten, then the amounts payable under these presents by the !urchaser-s to the <eveloper to)ards consideration, deposits and-or other)ise ()herever such deposits and other amounts are payable on the basis of the super built,up area comprised in the said ?nit-@lat-Space. shall also vary accordingly. Bt is further e*pressly agreed that )ith effect from the <ate of Commencement of 8iability, it shall be deemed that the <eveloper has duly complied )ith all its obligations hereunder to the full satisfaction of the !urchaser-s and the !urchaser-s shall not be entitled thereafter to raise any dispute against or claim any amount from the <eveloper on any account )hatsoever. RESTRICTIONS ON ALIENATION: 0efore ta#ing actual physical possession of the said ?nit-@lat-Space in terms of clause 5 hereinabove and e*ecution and registration of the Sale <eed to be e*ecuted in pursuance hereof, the !urchaser-s shall not deal )ith, let out, encumber, transfer or alienate the said ?nit-@lat-Space or his-her-its-their rights under these presents )ithout the consent in )riting of the <eveloper first had and obtained in )riting PROVIDED THAT the !urchaser-s may transfer or alienate the said ?nit-@lat-Space or his rights under these presents)ith the consent in )riting of the <eveloper and after the !urchaser-s having made payment of the entirety of all amounts payable hereunder to the <eveloper and not being in default in observance of his obligations under these presents A#$ S012'.% N'(',%&')'-- T* the follo)ing terms and conditionsG i. Fhe !urchaser-s shall be entitled to have transfer of the said ?nit-@lat-Space in his o)n favour or in favour of his nominee !rovided Fhat in case the !urchaser-s shall re6uire the transfer to be made in favour of his-her-it-their nominee-s then the !urchaser-s shall be bound to pay to the <eveloper a fee-charge of s.50-I( upees @ifty. only and similar fee shall be payable for all subse6uent nominations AND in case so re6uired by the <eveloper or the nominee of the !urchaser-s, the

5.;

5.:

6.

7 !urchaser-s shall +oin and also cause all intervening nominees to +oin in the deed of transfer as parties. All such nominations shall be sub+ect to free approval by the <eveloper )ho shall be entitled to refuse such approval )ithout assigning any reasonD ii. Fhe <eveloper or the >)ners shall not be re6uired to be a party to any nomination transfer or alienation as aforesaid and shall consent to such nomination transfer or alienation only upon being paid the fee-charge as aforesaidD Any such nomination transfer or alienation shall be sub+ect to the terms conditions agreements and covenants contained hereunder and on the part of the !urchaser-s to be observed fulfilled and performedD Fhe !urchaser-s shall have previously informed the <eveloper in )riting of the full particulars of such nominee-transfereeD ?nder no circumstances, the !urchaser-s shall be entitled to let out the said ?nit-@lat-Space before possession of the said ?nit-@lat-Space is delivered to the !urchaser-s in terms hereof and the !urchaser-s having duly made payment of all amounts payable hereunder and having duly complied )ith all the !urchaser-sAs obligations hereunder.

iii.

iv. v.

$.

DOCUMENTS RELATING TO TRANSFER ETC.: Fhe sale deed or deeds and other documents of transfer to be e*ecuted in pursuance hereof shall be in such form and shall contain such covenants e*ceptions and restrictions etc., as be dra)n by the Advocates. E TRAS AND DEPOSITS: Bn addition to the consideration payable by the !urchaser-s to the <eveloper as stated hereinabove, the !urchaser-s shall, before the <ate of Commencement of 8iability, pay to the <eveloper herein. i. @ull costs charges and e*penses, for ma#ing any additions or alterations and-or for providing at the re6uest of the !urchaser-s any additional facility and-or utility in or relating to the said ?nit-@lat-Space in e*cess of those specified herein and proportionate share of those costs charges and e*penses for providing any additional or e*tra common facility or utility to the Co,o)ners in the 5ousing Comple* in addition to those mentioned herein, payable before the )or# is commenced by the <eveloper. Bt is further clarified that if by reason of such additional )or# any delay is caused in completion of construction of the said ?nit-@lat-Space and-or the Common Areas and Bnstallations and resulting in delay in the delivery of possession of the said ?nit-@lat-Space by the <eveloper to the !urchaser-s, the <eveloper shall not be liable for any interest damages compensation etc., that may be suffered by the !urchaser-s therebyD 0etterment fees, development charges and other levies, ta*es, duties, cesses, outgoings and statutory liabilities that may be charged on the said !remises or the said ?nit-@lat-Space or on its transfer or construction in terms hereof partially or )holly, as the case may be and the same shall be paid by the !urchaser-s )ithin $ (seven. days of the demand being made by the <eveloperD Fhe full amount of Security <eposit and other costs payable to electricity authorities for obtaining direct electric meter in respect of the said ?nit-@lat-Space and proportionate share of the total amount of Security <eposit and other costs payable to the electricity authorities for the electric meter-s for maintenance lighting running and operating any common area or installation. !roportionate share of the costs, charges and e*penses for installation of the Henerator )ith its e6uipments and accessories, calculated J s.%0-I ( upees

1.

ii.

iii.

iv.

8 t)enty. only per s6uare foot of the super built up area comprised in the said ?nit-@lat-Space. v. vi. !roportionate costs, charges and e*penses for formation of the /aintenance Company-Association, being s.1,500-I( upees >ne Fhousand @ive 5undred. only. !roportionate share of the cost, charges and e*penses for ac6uiring and installations of the Fransformer )ith all e6uipments s)itches accessories and materials re6uired for the same, calculated J s.;0-I ( upees Fhirty. only per s6uare foot of the super built up area comprised in the said ?nit-@lat-Space. !roportionate share of the cost, charges and e*penses for ac6uiring and installations of the Eater Freatment !lant )ith e6uipments accessories and materials re6uired for the same, calculated J s.5-,( upees five. only per s6uare foot of the super built up area comprised in the said ?nit-@lat-Space. Fhe fees and-or legal charges of the Advocates for preparation of these presents and the Sale <eed to be e*ecuted in pursuance hereof, calculated J s.15-I ( upees fifteen. only per s6uare foot of the super built up area comprised in the said ?nit-@lat-Space, out of )hich one,half shall be paid by the !urchaser-s at or before the e*ecution hereof and the balance one,half on or before the <ate of Commencement of 8iability or the date of e*ecution of the deed of conveyance in respect of the said ?nit-@lat-Space, )hichever be earlier. All stamp fees and registration fees on e*ecution and registration of these presents and of the sale deed and other documents to be e*ecuted and-or registered in pursuance hereof "#$ also all statutory charges payable therefor and e*penses incidental to registration. Fhe !urchaser-s is a)are that stamp duty on these presentsis payable on ad,valorem basis on the mar#et value of the said ?nit-@lat-Space and the <eveloper shall as and )hen called upon by the !urchaser-s, be present for registration and admittance of its signature to the documents e*ecuted by the <eveloper. Eor#s Contract (Sales. Fa*, Service Fa*, Kat and other government ta*es duties levies and impositions, as applicable from time to time.

vii.

viii.

i*.

*. 1.1

Fhe !urchaser-s shall deposit and #eep deposited )ith the <eveloper the follo)ing sums of money )ith the <eveloper against the respective heads hereinbelo) mentioned, to remain in deposit )ith the <eveloper and in the event of any default by the !urchaser-s in ma#ing payment of the respective amounts )ithin the due dates and in the manner mentioned hereunder, the <eveloper in its sole discretion and )ithout pre+udice to the other rights and remedies available to the <eveloper, shall be entitled to meet the amount-s under default out of the said deposits AND upon the <eveloper informing the !urchaser-s of such default and of meeting such payment from-out of the said deposit, the !urchaser-s shall ma#e up the said deposit to its full amount )ithin seven days of receiving such information from the <eveloperG i. A sum calculated J s.1%-I ( upees t)elve. only per S6uare foot of the super built up area of the said ?nit-@lat-Space to)ards rates and ta*es in respect of the said ?nit-@lat-SpaceD A sum calculated J s.9-I ( upees nine. only per S6uare foot of the super built up area for 6 month form date of possession of the said ?nit-@lat-Space to)ards maintenance charges and proportionate liability to)ards the Common 2*penses (including those mentioned in the FOURTH SCHEDULE hereunder )ritten.D

ii.

9 1.1.1 Fhe !urchaser-s shall also deposit and #eep deposited )ith the <eveloper a sum calculated J s.15-I( upees @ifteen. only per s6uare foot of the super built up area comprised in the said ?nit-@lat-Space as and to)ards Sin#ing @und. ?nless other)ise e*pressly so mentioned, all the said amounts specified in clauses 1, 1.1 and 1.1.1 hereinabove shall be paid and-or deposited by the !urchaser-s )ith the <eveloper on demand or before the <ate of Commencement of 8iability, )hichever be earlier. Fhis shall not ho)ever pre+udice the <eveloperAs right to claim or realise the said amounts thereafter in case the liability arises or accrues thereafter or if the <eveloper delivers possession of the said ?nit-@lat-Space )ithout claiming and-or receiving the same and-or other)ise. Bt is e*pressly agreed and understood that in case the e*act liability on all or any of the heads mentioned hereinabove cannot be 6uantified then the payment shall be made according to the <eveloperAs reasonable estimate sub+ect to subse6uent accounting and settlement )ithin a reasonable period. Any apportionment of the liability of the !urchaser-s in respect of any item of e*penses, ta*es, duties, levies and outgoings payable by the !urchaser-s hereunder done by the <eveloper shall be final and binding on the !urchaser-s. Bt is further e*pressly agreed and made clear that the payments and deposits to be made by the !urchaser-s hereunder shall not carry any interest. MANAGEMENT, MAINTENANCE AND COMMON ENJOYMENT G As a matter of necessity, the o)nership and en+oyment of the said ?nit-@lat-Space by the !urchaser-s shall be consistent )ith the rights and interest of all the Co,o)ners and in using and en+oying the said ?nit-@lat-Space and the Common Areas and Bnstallations, the !urchaser-s binds himself-herself-itself-themselves and covenantsG (a. to co,operate )ith the /aintenance Bn,charge in the management and maintenance of the said premises and other common purposes and formation of the Association-/aintenance CompanyD to observe and perform the rules regulations and restrictions from time to time in force for the 6uiet and peaceful use en+oyment and management of the said premises and in particular the Common Areas and Bnstallation and other common purposesD to allo) the <eveloper and its authori=ed representatives )ith or )ithout )or#men to enter into and upon the said ?nit-@lat-Space at all reasonable times for construction and completion of the building and the common purposes and to vie) and e*amine the state and condition thereof and ma#e good all defects decays and )ant of repair in the said ?nit-@lat-Space )ithin seven days of giving of a notice in )riting by the <eveloper to the !urchaser-s thereaboutD to use the said ?nit-@lat-Space only for the private d)elling and residence in a decent and respectable manner and for no other purposes (such as Huest 5ouse, 0oarding L 8odging 5ouse, 5otel, 9ursing 5ome, /eeting !lace, Club, 2ating L Catering Centre, 5obby Centre or any commercial, manufacturing or processing )or# or commercial machine )or# etc.,. )hatsoever )ithout the consent in )riting of the <eveloper first had and obtained, it being e*pressly agreed that such restriction on the !urchaser-s shall not in any )ay restrict the right of the <eveloper to use or permit to be used any other ?nit-@lat-Space in the building for non,residential purposesD and such permission if given shall not be pleaded as ground for using the said ?nit-@lat-Space hereby agreed to be sold for such purposes and uses. unless the right of par#ing is e*pressly granted and mentioned in the SECOND SCHEDULE hereunder )ritten, the !urchaser-s shall not par# any motor car, t)o

1.%

1.;

1.:

1.5 9.

(b.

(c.

(d.

(e.

10 )heeler or any other vehicle at any place in the said !remises (including at the open space at the said !remises. AND if the par#ing right is so e*pressly granted and mentioned in the )ithin stated SECOND SCHEDULE then to use the par#ing space-s solely for the purpose of par#ing of medium si=ed motor car-s, t)o )heeler-s and other vehicles, as applicable and as e*pressly granted to the !urchaser-s hereunder, and precisely )ithin the demarcated par#ing space-s so agreed to be granted and to ensure that (i. no part of the motor car-s, t)o )heeler-s or other vehicle-s, as applicable, is par#ed cross or e*ceeds the limit of demarcation of such par#ing space-s and (ii. only one motor car, t)o )heeler or other vehicle, as applicable, is par#ed in one par#ing space, if such right is hereby granted. Fhe par#ing space, )herein the right to par# is agreed to be granted herein, if any, shall never be enclosed by any )all or fencing and shall never be bloc#ed by #eeping any other article-goods. (f. 9ot to use the roof or other Common Areas and Bnstallations for bathing or other undesirable purposes or such purpose )hich may cause any nuisance or annoyance to the other Co,o)ners. Fo use the Common Areas and Bnstallations only to the e*tent re6uired for ingress to and egress from the said ?nit-@lat-Space of men and materials and passage of utilities and facilities. Fo #eep the common areas, open spaces, par#ing areas, paths, passages, staircases, lobby, landings etc., in the premises free from obstructions or encroachments and in a clean and orderly manner and not to store or allo) any one to store any goods articles or things therein or thereat or in any common areas of the said premises. 9ot to claim any right )hatsoever or ho)soever over any ?nit-@lat-Space or portion in the said premises save the said ?nit-@lat-Space and also not to claim any right of pre, emptive purchase in the event of sale or transfer of other ?nit-@lat-Spaces-undivided share in the land of the said premises. 9ot to put any nameplate or letter bo* or neon,sign or board in the common areas or on the outside )all of the buildings save a letter,bo* at the place in the ground floor as be e*pressly approved or provided by the <eveloper and a decent nameplate outside the main gate of his ?nit-@lat-Space. Bt is hereby e*pressly made clear that in no event the !urchaser-s shall open out any additional )indo) or ma#e any )all,cut or use any other apparatus protruding outside the e*terior of the said ?nit-@lat-Space. 9ot to do or permit or suffer to be done anything )hereby the policy or policies of insurance on the 0uilding or the ?nit-@lat-Space against loss or damage by fire or other ris#s may be rendered void or voidable or )hereby the rate of premium thereon may be increased and to ma#e good all damage suffered by the <eveloper and-or the /aintenance Bn,charge and to repay to the <eveloper and-or the /aintenance Bn, charge on demand all sums paid by the <eveloper and-or the /aintenance Bn,charge by )ay of increased premiums and all other e*penses relating to the rene)al of such policy or policies rendered necessary by a breach or non,observance of this covenant )ithout pre+udice to any other rights of the <eveloper and-or the /aintenance Bn, charge. 9ot to alter the outer elevation of the buildings or the 5ousing Comple* or any part thereof nor decorate the e*terior of the buildings (including balcony and )indo)s. or the said premises other)ise than in the manner agreed by the /aintenance Bn,charge in )riting or in the manner as near as may be in )hich it )as previously decorated.

(g.

(h.

(i.

(+.

(#.

(l.

11 (m. 9ot to deposit or thro) or permit to be deposited or thro)n any rubbish or refuse or )aste in the roof, staircase, lobby, landings, path)ays, passages or in any other Common Areas and Bnstallations or in any other portion of the said premises nor into lavatories, cisterns, )ater or soil pipes serving the 5ousing Comple* nor allo) or permit any other Co,o)ner to do so. 9ot to commit or permit to be committed any alteration or changes in pipes, conduits, cables and other fi*tures and fittings serving the other ?nit-@lat-Spaces in the 5ousing Comple*. Fo #eep the said ?nit-@lat-Space and party )alls, se)ers, drains pipes, cables, )ires, entrance and main entrance serving any other ?nit-@lat-Space in the building in good and substantial repair and condition so as to support shelter and protect and #eep habitable the other ?nit-@lat-Spaces-parts of the 5ousing Comple* and not to do or cause to be done anything in or around the said ?nit-@lat-Space )hich may cause or tend to cause or tantamount to cause or affect any damage to any flooring or ceiling of any other portion over belo) or ad+acent to the said ?nit-@lat-Space. Bn particular and )ithout pre+udice to the generality to the foregoing, the !urchaser-s doth hereby covenant that the !urchaser-s shall not ma#e any form of alteration in the beams and columns passing through the said ?nit-@lat-Space or the common areas for the purpose of ma#ing changing or repairing the concealed )iring and piping or other)ise. 9ot to let out transfer or part )ith the possession of the par#ing space, if the right of par#ing is granted hereunder, independent of the said ?nit-@lat-Space nor vice versa, )ith the only e*ception being that the !urchaser-s shall be entitled to let out transfer or part )ith possession of the par#ing space independent of the said ?nit-@lat-Space to any other ?nit-@lat-Space,holder in the said 0uilding and none else and under no circumstances to any outsider. 9ot to carry on or cause to be carried on any obno*ious in+urious noisy dangerous ha=ardous illegal or immoral deed or activity in or through the said ?nit-@lat-Space. Fo abide by and observe and perform all the relevant la)s, norms, terms, conditions, rules and regulations )ith regard to user and operation of )ater, electricity, drainage, se)erage, lifts, tube,)ell generator and other installations and amenities at the said premises including those under the la)s related to @ire and @ire Services and rules made there under and shall indemnify and #eep the <eveloper and the /aintenance Bn,Charge saved harmless and indemnified from and against all losses damages costs claims demands actions and proceedings that they or any of them may suffer or incur due to any non compliance, non performance, default or negligence on the part of !urchaser-s. /aintain at his o)n costs, the said ?nit-@lat-Space in the same good condition state and order in )hich the same be delivered to the !urchaser-s and abide by all la)s, bye,la)s, rules, regulations and restrictions (including those relating to @ire Safety under the la)s related to @ire and @ire Services and the rules made there under. of the Hovernment, Fhe /unicipality, the <evelopment Authority, 2lectricity Authorities, @ire 0rigade and-or any statutory authority and-or local body )ith regard to the user and maintenance of the said ?nit-@lat-Space as )ell as the user operation and maintenance of the lifts, tube,)ell, generator, )ater, electricity, drainage, se)erage and other installations and amenities at the said premises and to ma#e such additions and alterations in or about or relating to the said ?nit-@lat-Space and-or the 0uilding as be re6uired to be carried out by them, independently or in common )ith the other !urchaser-s as the case may be )ithout holding the <eveloper or the /aintenance Bn,charge in any manner liable or responsible therefore and to pay all costs and e*penses therefore )holly or proportionately as the case may be and to be

(n.

(o.

(p.

(6. (r.

(s.

12 ans)erable and responsible for deviation or violation of any of their conditions or rules or bye,la)s and shall indemnify and #eep the <eveloper and the /aintenance Bn,charge saved harmless and indemnified from and against all losses damages costs claims demands actions and proceedings that they or any of them may suffer or incur due to any non compliance, non performance, default or negligence on the part of the !urchaser-s. (t. Fo sign e*ecute and deliver all papers and documents as be re6uired for obtaining separate apportionment-assessment and mutation of the said ?nit-@lat-Space, as may be permissible. 9ot to ma#e or permit to be made any alterations in or additions to the !remises or any part thereof or the common fi*tures, fittings and decorations therein and )ithout pre+udice to the generality of the foregoing not to install or construct any internal partitions save )ith the prior )ritten approval of the <eveloper and even thereafter in a la)ful manner, upon such terms and conditions as the <eveloper and the relevant authorities deem fit, such consent and approval to be sought at the !urchaser-sAs o)n cost and if the <eveloper shall give such )ritten consent and relevant authorities shall give such approval, to carry out at the !urchaser-sAs o)n e*pense such alterations or additions )ith such materials and in such manner and at such times and by such contractors as shall be approved by the <eveloper and the !urchaser-s shall at his o)n e*pense obtain all necessary planning approval and any other consents pursuant to the provisions of any statute, rule, order, regulation or bye,la) applicable thereto and shall comply )ith the conditions thereof. 9ot to affi* or install any further or additional electrical points in or about the said ?nit-@lat-Space )ithout the prior )ritten consent of the <eveloper and the relevant authorities and provided further that all such )or#, if permitted, shall be carried out by a licensed electrical contractor to be employed and paid by the !urchaser-s )ho shall ensure as part of the )or# that the e*isting circuits are not overloaded or unbalanced. !rior to any electrical installation )or#s the !urchaser-s )ill be re6uired to submit proper electrical plans to the !ublic ?tilities 0oard or !o)er Supply authorities or other relevant authorities for approval. All debris and )aste materials of )hatever nature resulting from any )or#s in the said ?nit-@lat-Space shall be disposed by the !urchaser-s in the manner prescribed by the <eveloper and-or the /aintenance Bn,charge failing )hich the <eveloper and-or the /aintenance Bn,charge reserve the right ()ithout being under any obligation to do so. to dispose of the same and all costs and e*penses incurred by the <eveloper and-or the /aintenance Bn,charge in this respect shall be paid by the !urchaser-s to the <eveloper and-or the /aintenance Bn,charge on demand. Fo #eep the said ?nit-@lat-Space and every part thereof clean and hygienic and tidy and at a standard acceptable to the <eveloper and-or the /aintenance Bn,charge and to #eep all pipes drains basins sin#s and )ater closets if any in the premises clean and unbloc#ed-unclogged. Any cleaners employed by the !urchaser-s for the purposes hereof shall be at the sole e*pense and responsibility of the !urchaser-s. Fhe !urchaser-s shall not thro) refuse, rubbish, scrap, tins, bottles, bo*es, containers of any #ind, any article or thing through or over )indo)s or any part of the !remises but into proper bins receptacles or containers only. Bn the event of any default by the !urchaser-s, the <eveloper and-or the /aintenance Bn,charge may carry out such remedial measures as they thin# necessary and all costs and e*penses incurred thereby shall be paid by the !urchaser-s to the <eveloper and-or the /aintenance Bn,charge forth)ith on demand and all costs and e*penses so incurred together )ith interest thereon from the date the costs and

(u.

(v.

().

(*.

(y.

(=.

13 e*penses )ere so incurred by the <eveloper and-or the /aintenance Bn,charge until the date they are paid, shall be recoverable from the !urchaser-s as if they )ere rent in arrears. (aa. (bb. (cc. (dd. Fo #eep the said ?nit-@lat-Space securely fastened and loc#ed at all times )hen they remain unattended and not to #eep any animal or reptile in the ?nit-@lat-Space. 9ot to bloc# up, dar#en, or obstruct or obscure any of the )indo)s or lights belonging to the said ?nit-@lat-Space or to any part of the 0uilding. 9ot to cover or obstruct any ventilating shafts or air,inlets or outlets. 9ot to erect or install on the )indo)s of the said ?nit-@lat-Space or on any glass panel any sign device furnishing ornament or ob+ect )hich is visible from outside the said ?nit-@lat-Space and )hich, in the opinion of the <eveloper, is incongruous or unsightly or may detract from the general appearance of the 5ousing Comple*. 9ot to affi*, erect, attach, paint, e*hibit or permit or suffer so to be upon any part of the e*terior of the said ?nit-@lat-Space or any part of the 0uilding any placard poster notice advertisement name or sign or television or )ireless mast or aerial or any other thing )hatsoever save and e*cept such as shall have been previously approved in )riting by the <eveloper and at the !urchaser-sAs o)n cost and e*pense. 9ot to place or ta#e into the lifts, )ithout the prior approval of the <eveloper and-or the /aintenance Bn,charge, any baggage, furniture, heavy articles or other goods. 9ot to do any act deed or thing )hereby the rights of any of the other occupiers of the 5ousing Comple* is interfered or obstructed and shall do all acts deed and things for the purpose of maintaining decency of the 0uilding. 9ot to store or any goods articles or material in or about the said ?nit-@lat-Space )hich are ha=ardous inflammable combustible illegal or prohibited by la). Fo observe such other covenants as be deemed reasonable by the <eveloper from time to time for the common purposes.

(ee.

(ff. (gg.

(hh. (ii. 9.1

Fhe !urchaser-s shall regularly and punctually pay to the /aintenance Bn,Charge, )ith effect from the <ate of Commencement of 8iability, the follo)ing amounts e*penses and outgoingsG i. All rates and ta*es and )ater ta*, if any, assessed on or in respect of the said ?nit-@lat-Space directly to concerned authorities P,*(/$'$ T&"% so long such ?nit-@lat-Space is not assessed separately for the purpose of such rates and ta*es, the !urchaser-s shall pay to the <eveloper and-or the /aintenance Bn,Charge proportionate share of all such rates and ta*es assessed on the said !remisesD All other ta*es impositions levies surcharges cess and outgoings )hether e*isting or as may be imposed or levied at any time in future on or in respect of the said ?nit-@lat-Space or the 5ousing Comple* or the said !remises as a )hole and )hether demanded from or payable by the !urchaser-s or the <eveloper and the same shall be paid by the !urchaser-s )holly in case the same relates to the said ?nit-@lat-Space and proportionately in case the same relates to the 0uilding or the said !remises as a )hole. 2lectricity charges for electricity consumed in or relating to the said ?nit-@lat-Space and until a separate electric meter is obtained by the !urchaser-s for the said ?nit-@lat-Space, the <eveloper and-or the /aintenance Bn,Charge shall (sub+ect to availability. provide reasonable 6uantum of po)er in the said ?nit-@lat-Space from its

ii.

iii.

14 o)n e*isting sources and the !urchaser-s shall pay electricity charges to the /aintenance Bn,charge based on the reading sho)n in the sub,meter provided for the said ?nit-@lat-Space at the rate at )hich the /aintenance Bn,charge shall be liable to pay the same to the authority-supplier but after adding thereto 10M (ten percent. of the amount-6uantum thereof on account of loss of electricity due to amorti=ation, transmission etc. and other reasons - heads. iv. Charges for en+oying and-or availing po)er in e*cess of that as may be agreed bet)een the !urchaser-s and the <eveloper if (sub+ect to availability. provided to the !urchaser-s in the said ?nit-@lat-Space by the /aintenance Bn,charge from the Henerator to be installed and the same shall be payable to the /aintenance Bn, charge A#$ also charges for using en+oying and-or availing any other utility or facility, if e*clusively in or for the said ?nit-@lat-Space, )holly and if in common )ith the other !urchaser-ss, proportionately to the <eveloper or the appropriate authorities as the case may be. !roportionate share of all Common 2*penses (including those mentioned in the FOURTH SCHEDULE hereunder )ritten. payable to the /aintenance Bn,charge from time to time. Bn particular and )ithout pre+udice to the generality of the foregoing, the !urchaser-s shall pay to the /aintenance Bn,charge, a minimum of maintenance charges calculated J e.1.50p ( upee one and paise @ifty. only per s6uare foot per month of the super built up area of the said ?nit-@lat-Space. Fhe said minimum rate shall be sub+ect to revision from time to time as be deemed fit and proper by the /aintenance Bn,charge at its sole and absolute discretion after ta#ing into consideration the common services provided and the general escalation in the mar#et rates of such services. All penalty surcharge interest costs charges and e*penses arising out of any delay default or negligence on the part of the !urchaser-s in payment of all or any of the aforesaid rates ta*es impositions and-or outgoings proportionately or )holly as the case may be (including <elayed !ayment Surcharge as charged by 2lectricity Authorities from its consumers for the delay payment of its bills..

v.

vi.

9.%

?nless other)ise e*pressly mentioned else)here herein, all payments mentioned herein shall be made )ithin $th day of the month for )hich the same shall be due in case of monthly payments and other)ise also all other payments herein mentioned shall be made )ithin $ days of demand being made by the /aintenance Bn,charge. Fhe bills and demands for the amounts payable by the !urchaser-s shall be deemed to have been served upon the !urchaser-s, in case the same is left in the said ?nit-@lat-Space or in the letterbo* earmar#ed for the said ?nit-@lat-Space. ?ntil the e*piry of three months of a notice in )riting given by the <eveloper to the !urchaser-s and the other co,o)ners to ta#e over charge of the acts relating to common purposes, the <eveloper and-or any person or persons nominated, appointed and-or authori=ed by the <eveloper to ta#e over of the acts relating to the Common !urposes shall be the /aintenance Bn,charge and loo# after the common purposes and the !urchaser-s underta#es to regularly and punctually pay to the <eveloper or its nominee-appointees as aforesaid the maintenance charges and other amounts payable by the !urchaser-s hereunder. So long the <eveloper or its nominee-appointee as aforesaid is the /aintenance Bn,charge, the !urchaser-s shall not hold the /aintenance Bn,charge liable for rendering any accounts or e*planation of any e*penses incurred by the /aintenance Bn,charge in their acts relating to the Common !urposes nor shall the !urchaser-s be entitled to hold the <eveloper or its nominee-appointee as aforesaid responsible to furnish any accounts, vouchers, bills, documents etc., in any manner and the !urchaser-s as )ell as the /aintenance Company-Association shall remain liable to indemnify and #eep indemnified the <eveloper for

9.;

9.;.1

15 all liabilities due to non,fulfillments of their respective obligations contained herein by the !urchaser-s and-or the /aintenance Company-Association. 9.: Fhe notice contemplated under clause 9.; hereinabove may be given by the <eveloper at its sole discretion upon transfer of all the ?nit-@lat-Spaces in the 5ousing Comple* to the Co, o)ners or, earlier, and immediately upon receipt of such notice, the !urchaser-s along )ith the other Co,o)ners shall at their o)n costs and e*penses and in a la)ful manner form the /aintenance Company-Association for the common purposes )ith the Co,o)ners as shareholders or members, as the case may be, and each shareholder or member shall have voting rights in such /aintenance Company-Association e6uivalent to one vote per ?nit-@lat-Space, it being clarified that in case there be more than one !urchaser-s of one ?nit-@lat-Space even then only one of such !urchaser-ss )ho is nominated amongst them shall be entitled to have voting rights appertaining to their ?nit-@lat-Space. Fhe !urchaser-s and the other Co,o)ners shall sign and e*ecute all papers, documents and applications for the purpose of formation of the /aintenance Company-Association and proportionately pay and incur all costs fees and e*penses in that behalf and do all the necessary acts deeds and things and the <eveloper shall not in any manner be responsible and liable therefore. Fhese presents itself shall be deemed to be the application of the !urchaser-s for allotment of shares of the /aintenance Company, if formed, and the <eveloper shall be entitled (but not obliged. to ad+ust the amount payable to)ards share application money from the deposits made by the !urchaser-s )ith <eveloper. ?pon formation of the /aintenance Company-Association, the <eveloper shall transfer to the /aintenance Company-Association all its rights responsibilities and obligations )ith regard to the common purposes (save those e*pressly reserved by the <eveloper hereunder or so intended to be or so desired by the <eveloper hereafter. )hereupon only the /aintenance Company-Association shall be entitled thereto and obliged therefor, it being e*pressly agreed and clarified that in case on the date of e*piry of the notice period specified in clause 9.; hereinabove, the /aintenance Company-Association is not formed then all such rights responsibilities and obligations )ith regard to the common purposes shall be deemed as on such date to have been transferred by the <eveloper to all the Co,o)ners for the time being of the 0uilding )ithout any further act on the part of the <eveloper and )hereupon only the Co,o)ners shall be entitled thereto and obliged therefore. All reference to the <eveloper herein )ith regard to the common purposes shall thenceforth be deemed to be reference to the /aintenance Company-Association or the Co,o)ners as the case may be. At the time of handing over the charge to the /aintenance Company-Association or to the Co, o)ners as the case may be, the <eveloper shall also transfer the residue then remaining of the deposit made by the !urchaser-s under clause 1.1 and 1.1.1 hereinabove after ad+usting all amounts then remaining due and payable by the !urchaser-s and the amounts thus transferred shall be held by the /aintenance Company-Association or the Co,o)ners to the account of the Co,o)ners respectively for the purpose thereof and the !urchaser-s and the other Co,o)ners and the /aintenance Company-Association shall remain liable to indemnify the <eveloper for all liabilities due to non fulfillment of their respective obligations by the !urchaser-s and-or the other Co,o)ners and-or the /aintenance Company-Association and also for all liabilities claims and demands arising in course of the maintenance management up#eep and administration of the said premises by the /aintenance Company-Association and-or Co,o)ners (including those on account of loss of life or property due to operation and maintenance of lifts and-or other installations in the said premises.. @urthermore, )ith effect from date of e*piry of the notice period specified in clause 9.; hereinabove )ritten or the formation of the /aintenance Company-Association and its ta#ing charge of the acts relating to the common purposes )hichever be earlier, all the employees of the <eveloper having appointment as on such date for the common purposes such as )atchmen, security men, careta#er, s)eeper, etc., shall be employed and-or absorbed by the

9.:.1

9.5

9.5.1

9.5.%

16 /aintenance Company-Association or the Co,o)ners as the case may be )ith continuity of service )ith effect from such date. 9.6 9.$ Fhe rules and regulations and-or byela)s-memorandum of the said /aintenance Company-Association shall not be inconsistent here)ith. Bn the event of the !urchaser-s failing and-or neglecting or refusing to ma#e payment or deposits of the maintenance charges, municipal rates and ta*es, Common 2*penses or any other amount payable by the !urchaser-s under these presents and-or in observing and performing the covenants terms and conditions of the !urchaser-s hereunder, then )ithout pre+udice to the other remedies available against the !urchaser-s hereunder, the !urchaser-s shall be liable to pay to the /aintenance Bn,charge interest at the rate of 1.5M per mensem on all the amounts in arrears and )ithout pre+udice to the aforesaid, the /aintenance Bn, charge shall be entitled toG (i. (ii. <isconnect the supply of electricity to the said ?nit-@lat-SpaceD Eithhold and stop all other utilities and facilities (including lift, generator etc.. to the !urchaser-s and his family members, servants, visitors, guests, tenants, licensees and-or the said ?nit-@lat-SpaceD Fo demand and directly realise rent and-or other amounts becoming payable to the !urchaser-s by any tenant or licensee or other occupant in respect of the said ?nit-@lat-Space.

(iii.

10.

PURCHASER/SS ACKNOWLEDGEMENTS, COVENANTS AND ASSURANCES: Fhe !urchaser-s shall not cause any ob+ection obstruction interference or interruption at any time hereafter in the construction or completion of construction of or in the 5ousing Comple* or other parts of the said premises (not)ithstanding there being temporary inconvenience in the use and en+oyment by the !urchaser-s of the said ?nit-@lat-Space. nor do anything )hereby the construction or development of the 5ousing Comple* or the said !remises or the sale or transfer of the other ?nit-@lat-Spaces in the 5ousing Comple* is in any )ay interrupted or hindered or impeded )ith and if due to any act matter or deed of the !urchaser-s, the <eveloper and-or the >)ners are restrained from construction of the 5ousing Comple* and-or transferring and disposing of the other ?nit-@lat-Spaces in the 5ousing Comple* or the said !remises then and in that event )ithout pre+udice to such other rights the <eveloper and-or the >)ners may have, the !urchaser-s shall be liable to compensate and also indemnify the <eveloper and the >)ners for all pre,determined losses damages costs claims e*penses dues charges demands actions and proceedings suffered or incurred by the <eveloper and the >)ners. Fhe !urchaser-s shall not nor be entitled to as#, demand or see# delivery of possession of the said ?nit-@lat-Space so long the !urchaser-s has not paid, in full, the consideration and other amounts and deposits agreed to be paid herein or is in default in performing any of his obligations and covenants herein contained. Save the said ?nit-@lat-Space, the !urchaser-s shall have no nor shall claim any right )hatsoever or ho)soever over and in respect of the other ?nit-@lat-Spaces - ?nit-@lat-Spaces and spaces or store,rooms or constructed areas or par#ing spaces at the said !remises or the 5ousing Comple* or the 0uilding-s thereat. Fhe !urchaser-s shall )ithin 6 (si*. months of completion of sale apply for and obtain at his o)n costs separate assessment and mutation of the said ?nit-@lat-Space in the records of concerned authorities.

10.1

10.%

10.;

17 11. DEFAULTSG Fhe !urchaser-s shall pay interest J11M (eighteen percent. per annum on all sums becoming due herein and )hich the !urchaser-s fails to pay to the <eveloper )ithin the period stipulated herein for the period during )hich the !urchaser-s remains in default. Fhis )ill be )ithout pre+udice to the other rights of the <eveloper herein. Fhe <eveloper shall have the discretion to )aive and-or reduce the interest payable as aforesaid. Bn case the !urchaser-s commits default in ma#ing payment of the consideration mentioned herein or in observing his covenants herein )ithin time then in such event, these presentsshall at the option of the <eveloper stand terminated and rescinded and the <eveloper shall become entitled to en+oy and-or transfer the said ?nit-@lat-Space to any person )ithout in any )ay becoming liable to the !urchaser-s and upon the <eveloper having entered into a contract for sale of the said ?nit-@lat-Space )ith any ne) buyer or buyers, the <eveloper shall refund to the !urchaser-s the earnest money paid by the !urchaser-s to the <eveloper after deduction of a sum e6uivalent to 10M (ten percent. of the consideration as and by )ay of pre,determined compensation-li6uidated damages, it being ho)ever clarified that the <eveloper shall not be liable to refund the amounts mentioned in various sub,clauses of Clause 1 hereinabove. Bn case the <eveloper condones the default of the !urchaser-s then in such event, the !urchaser-s shall, along )ith such dues and-or arrears, pay interest at the rate mentioned in clause 11 hereinabove for the period of default on all amounts remaining unpaid and nonetheless in addition thereto it is e*pressly agreed and declared that the period stipulated in PART!III of the THIRD SCHEDULE hereunder )ritten for construction of the said ?nit-@lat-Space shall stand automatically e*tended by such period of default by the !urchaser-s. Bn case the !urchaser-s complies )ith and-or is ready and )illing to comply )ith his obligations hereunder and the <eveloper fails to construct the said ?nit-@lat-Space )ithin the period stipulated in PART III of the THIRD SCHEDULE hereunder )ritten then the <eveloper shall be allo)ed automatically an e*tension of 6 (si*. months and in case of failure on the part of the <eveloper to construct the said ?nit-@lat-Space even )ithin such e*tended period then and only in such event, (i. Fhe !urchaser-s shall have the option either to claim pre,determined li6uidated damages calculated at the rate of s.5-I ( upees five. only per S6uare @oot of the Super built,up area of the said ?nit-@lat-Space for the period of delayD >r in the alternative to terminate the contract and claim refund of the amount of consideration paid by the !urchaser-s to the <eveloper till then along)ith compensation J5M (five percent. of such amount paid by the !urchaser-s to the <eveloper till then.

11.1

11.%

11.;

(ii.

1%.

FORCE MAJEUREG Fhe follo)ing shall be included in the reasons beyond the <eveloperAs control for giving possession of the said ?nit-@lat-Space to the !urchaser-sG (a. (b. Storm, tempest, flood, earth6ua#e and other Acts of Hod or Acts of Hovernment, Statutory 0ody etc.D Stri#e, riot, mob, air raid, acts of terrorism, order of in+unction, order of status 6uo or other)ise restraining development or construction at the said premises by the Court of 8a), Fribunal or Statutory 0ody, changes in rules regulations and la)s for the time being in force resulting in stoppage or postponement or delay of construction or any )or# at the said premises.

1;.

RIGHTS OF THE DEVELOPER AND/OR THE OWNERS: 9ot)ithstanding anything else)here to the contrary herein contained, it is e*pressly agreed and understood by and bet)een the <eveloper and the !urchaser-s as follo)sG

18

(a.

9ot)ithstanding anything else)here to the contrary herein contained, it is e*pressly agreed understood and clarified that the <eveloper - >)ners shall be entitled to additional constructions as may be sanctioned - sanctionable by the concerned authorities )hich the <eveloper and >)ners (as per arrangement bet)een them. shall be entitled to construct and deal )ith as they may in their absolute discretion deem fit and proper, to )hich the !urchaser-s hereby consents and shall not raise any ob+ection )ith regard thereto, including )ith regard to the fact that o)ing to construction of such additional floors-construction, the proportionate undivided share of the !urchaser-s in the land comprised in the said !remises and also in the Common Areas and Bnstallations shall be and-or is li#ely to stand reduced. Fhe <eveloper and the >)ners shall have the right to grant to any person the e*clusive right to par# motor cars, t)o )heelers and other vehicles in or at the par#ing spaces or other)ise use and en+oy for any other purposes, the side, front and bac# open spaces surrounding the 0uilding-s at the said !remises and also the covered spaces in the ground floor of the 5ousing Comple* (including par#ing spaces but not the one e*pressly provided for to the !urchaser-s under this Agreement. in such manner as the <eveloper and-or the >)ners shall in their absolute discretion thin# fit and proper. Fhe proportionate share of the !urchaser-s in various matters referred herein shall be such as be determined by the <eveloper and the !urchaser-s shall accept the same not)ithstanding there being minor variations therein for the sa#e of convenience. Save the said ?nit-@lat-Space the !urchaser-s shall have no nor shall claim any right )hatsoever or ho)soever over and in respect of other ?nit-@lat-Spaces and spaces or constructed areas or par#ing spaces at the said !remises and-or 5ousing Comple* and the <eveloper and-or the >)ners (as the case may be. shall be absolutely entitled to use, en+oy, transfer, sell and-or part )ith possession of the same and-or to deal )ith the same in any manner and to any person and on any terms and conditions as the <eveloper and-or the >)ners (as the case may be., in their absolute discretion, shall thin# fit and proper and the !urchaser-s hereby consents to the same and agrees not to obstruct or hinder or oppose or raise any ob+ection )ith regard thereto nor to claim any right of )hatsoever nature over and in respect of the said areas and spaces belonging to the <eveloper and-or the >)ners (as the case may be..

(b.

(c.

(d.

1:.

MISCELLANEOUSG Fhe !urchaser-s shall have no connection )hatsoever )ith the !urchaser-s of the other ?nit-@lat-Spaces and there shall be no privity of contract or any agreement or arrangement or obligation or interest as amongst the !urchaser-s and the other Co,o)ners (either e*press or implied. and the !urchaser-s shall be responsible to the <eveloper for fulfillment of the !urchaser-sAs obligations and the <eveloperAs and-or the >)nersA rights shall in no )ay be affected or pre+udiced thereby. Fhe properties and rights hereby agreed to be sold to the !urchaser-s is-are and shall be one lot and shall not be partitioned or dismembered in part or parts in any manner save )ith the consent of the <eveloper in )riting. Bt is further agreed and clarified that any transfer of the said ?nit-@lat-Space by the !urchaser-s shall not be in any manner inconsistent here)ith and the covenants herein contained shall run )ith the land. Bf at any time hereafter there be imposition of any ne) or enhancement in any ta* or levy or betterment fees or development charges or levies under any statute rules and regulations on the said premises and-or the 5ousing Comple* as a )hole and-or the said ?nit-@lat-Space or on the transfer thereof, the same shall be borne and paid by the !urchaser-s partly or )holly as the case may be )ithin $ (seven. days of a demand being made by the <eveloper )ithout raising any ob+ection thereto.

1:.%

1:.;

19

1:.:

Fhese presents contains the entire agreement of the parties and no oral representation or statement shall be considered valid or binding upon either of the parties nor shall any provision of these presents be terminated or )aived e*cept by )ritten consent by both parties. Fhe !urchaser-s ac#no)ledges upon signing of these presents that no agreements, conditions, stipulations, representations, guarantees or )arranties have been made by the <eveloper or their agents, servants or employees other than )hat is specifically set forth herein. Any delay or indulgence by the <eveloper in enforcing the terms of these presentsor any forbearance or giving of time to the !urchaser-s shall not be construed as )aiver of any breach or non,compliance by the !urchaser-s nor shall the same in any )ay or manner pre+udice the rights to the <eveloper. Fhe said 5ousing Comple*, )herein the said ?nit-@lat-Space is to be situated, shall bear the name 3A-%', 444444444444444445, unless changed by the <eveloper. Fhe paragraph headings do not form a part of the agreement and have been given only for the sa#e of convenience and shall not be ta#en into account for the construction or interpretation thereof. ARBITRATION: 6"7 D/-+0%'- %* 1' -'%%)'$ 18 A,1/%,"%/*#: Any dispute, controversy or claims bet)een the parties hereto arising out of or relating to these presents or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance )ith the provisions of the Arbitration and Conciliation Act, 1996. A,1/%,") T,/10#"): Fhe arbitral tribunal shall be composed of a sole Arbitrator namely, CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC or any person nominated by him. P)".' *9 A,1/%,"%/*# : C*-% %&','*9: Fhe place of arbitration shall be "ol#ata and any a)ard made )hether interim or final, shall be deemed for all purposes bet)een the !arties to be made in "ol#ata. Fhe fees-remuneration of the arbitrator shall be shared by the parties in e6ual shares. Fhe other costs, including fees of advocates, shall be borne by the parties respectively. L"#;0";' "#$ A++)/."1)' L"<: Fhe arbitral proceeding shall be conducted in the 2nglish language and any a)ard or a)ards shall be rendered in 2nglish. Fhe procedural la) of the arbitration shall be Bndian la). A<",$ F/#") "#$ B/#$/#;: Fhe a)ard of the arbitral tribunal shall be final and conclusive and binding upon the !arties hereto and the !arties shall be entitled (but not obliged. to enforce the a)ard. Such enforcement shall be sub+ect to the provisions of the Arbitration and Conciliation Act, 1996. S0==",8 P,*.''$/#;- "#$ I#%',/= A<",$-: Fhe Arbitrator shall have the right to proceed summarily and to ma#e interim a)ards

1:.5

1:.6 1:.$

15.

617

6.7

6$7

6'7

697 16.

JURISDICTIONG Courts )ithin the >rdinary >riginal Civil 7urisdiction of the "ol#ata 5igh Court alone shall have the +urisdiction to entertain try and determine all actions and proceedings bet)een the parties hereto relating to or arising out of or under these presentsor connected there)ith including the arbitration as provided hereinabove. NOTICEG ?nless other)ise e*pressly mentioned herein all notices to be served hereunder by any of the parties on the other shall be deemed to have been served if served by hand or sent

1$.

20 by registered post )ith ac#no)ledgment due at the address of the other party mentioned hereinabove or hereafter notified in )riting and irrespective of any change of address or return of the cover sent by registered post )ithout the same being served. 9one of the parties shall raise any ob+ection as to the service of the notice deemed to have been served as aforesaid. THE FIRST SCHEDULE ABOVE REFERRED TO: 6S"/$ P,*+',%87 ALL THAT the piece or parcel of land, containing an area of $ 0ighas $ Cottahs 15 Chittac#s and 15 s6. ft. more or less situate lying and comprised in 7. 8. 9o. 1:% and 1:;, <ag nos. 1$, ;1, ;6-%;51, ;6, %151, ;9, ;:, ;6 and ;$ corresponding to "hatian 9os. 1$0%, 1$0;, 1$01, 6:1, 6$% and 1; situate lying at /ou=a "aira and "adambagachi, !.S. 0arasat, and A.<.S. . at "adambagachi in the <istrict of 9orth %: !arganas. THE SECOND SCHEDULE ABOVE REFERRED TO: 6UNIT/FLAT/SPACE7 PART > I SAID UNIT/FLAT ALL THAT piece and parcel of the ?nit-@lat bearing the no. 44. on the 4.. @loor, 0loc# ......., measuring about an area a little more or less ?@AA SB0",' F''% "++,*C super built together )ith the proportionate share of land contained at and under the said premises and further together )ith the common areas, benefits, amenities, facilities and others thereof of the 0uilding-s constructed and upon the FIRST SCHEDULE premises. PART II SAID CAR PARKING SPACE ALL THAT the right to par# CCCC medium si=ed car(s. in the covered Car !ar#ing Space in the Hround @loor of the 0uilding. THE THIRD SCHEDULE ABOVE REFERRED TO PART>I 6COMMON AREAS AND INSTALLATIONS7 2ntrance lobby in the ground floor of each bloc#. Community 5all. 8andscape garden-ChildrenAs !ar#. Bndoor Hames oom. Eater Freatment !lant. Bntercom. %: hrs security. Access to the top roof of the building in common )ith the o)ners of other ?nit-@lat-Spaces of the building.

21 Henerator bac# up for common services and generator bac#,up for each ?nit-@lat-Space (1000 )atts.. 2ntrance and e*it gates of the Comple*. !aths passages and drive)ays in the premises other than those reserved by the <eveloper for its o)n use for any purpose and those meant or earmar#ed or intended to be reserved for par#ing of motor cars, t)o )heelers or other vehicles or earmar#ed by the <eveloper for use of holder of any ?nit-@lat-Space. Staircases of the building along )ith their full and half landings )ith staircase on the ultimate roof. >ne 8ift for each bloc# along )ith lift shafts and the lobby in front of them and 8ift machine room. ?nderground )ater reservoir, )ater pump )ith motor and )ith )ater supply pipes to overhead )ater tan# and )ith distribution pipes therefrom connecting to different ?nit-@lat-Spaces. Eater )aste and se)erage evacuation pipes from the ?nit-@lat-Spaces to drains and se)ers common to the building and from the building to the public drain. <eep tube,)ell )ith submersible pump. Concealed 2lectrical )iring and fittings and fi*tures for lighting the staircases, lobby and landings and operating the lifts and pump and space for separate electric meter-s in the ground floor of the building. 0oundary )alls. PART!II 6SPECIFICATIONS AND CONSTRUCTION7 STRUCTURE: .C.C. @rame )ith bric# built structure. INTERNAL WALLS: Smooth impervious !laster,of,!aris. DOORS: 2ntrance door )ill be tea# finished flushed door )hile internal doors )ill be painted flushed door. WINDOWS: Sliding aluminum )indo)s, glass shutters. HARDWARE: Hood 6uality standard steel fittings L loc#s of reputed ma#e. FLOORING: Kitrified tiles in living-dining and ceramic tiles in 0edrooms. KITCHEN: Counter table )ith granite top and stainless steel sin#. Ceramic tiles dado of % feet above the counter. Ealls )ill be finished up to % feet 6 inches high )ith ceramic tiles. Anti,s#id ceramic tiles on floor. TOILET:

22 Anti,s#id ceramic tiles on floor. Ceramic tiles up to door height. SANITRY WARE: eputed ma#e sanitary fittings. 5ot and cold )ater provision in all bathrooms. ELECTRICAL: Concealed copper )iring of BSB brand, /C0 and s)itches of reputed brand. A.C. point in master bedroom. Cable FK Eiring. PAINTING AND FINISHING: >utside face of e*ternal )alls 3 5igh 6uality Fe*ture !aint. Bnternal face of the )alls 3 Hood 6uality plaster of paris. Eindo), gates and grills )ill be painted )ith t)o coats of enamel paints over t)o coats of primer. L/9% eputed /a#e 8ift PART!III 6PERIOD OF CONSTRUCTION OF UNIT/FLAT/SPACE7 Fhe ?nit-@lat-Space described in the SECOND SCHEDULE hereinabove )ritten shall be constructed and completed )ithin CCCCCCCCCCCCCCCCCCC sub+ect to @orce /a+eure. THE FOURTH SCHEDULE ABOVE REFERRED TO: 6COMMON E PENSES7 1. MAINTENANCE: All costs and e*penses of maintaining repairing redecorating and rene)ing etc., of the main structure and in particular the roof (only to the e*tent of lea#age and drainage to the upper floors., gutters and )ater pipes for all purposes, drains and electric cables and )ires in under or upon the building and en+oyed or used by the !urchaser-s in common )ith other occupiers or serving more than one ?nit-@lat-Space and other saleable spaces at the said premises, main entrance and e*it gates, landings and staircases of the said building and en+oyed by the !urchaser-s or used by him in common as aforesaid and the boundary )alls of the premises, compounds etc. Fhe costs of cleaning and lighting the main entrance and e*it gates, passage, drive)ay, landings, staircases and other parts of the said premises so en+oyed or used by the !urchaser-s in common as aforesaid and #eeping the ad+oining side spaces in good and repaired conditions. OPERATIONAL: All e*penses for running and operating all machines e6uipments and installations comprised in the Common Areas and Bnstallations (including, 8ifts, Eater !ump )ith /otor, Henerator, <eep Fube Eell etc., as applicable. and also the costs of repairing, renovating and replacing the same. STAFF: Fhe salaries of and all other e*penses of the staffs to be employed for the common purposes (e.g. security, electrician, maintenance persons, careta#er, plumber, administration persons, accountant, cler#, gardeners, s)eepers, liftmen etc.. including their bonus and other emoluments and benefits. MAINTENANCE COMPANY/ASSOCIATION: 2stablishment and all other e*penses of the /aintenance Company-Association and also similar e*penses of the <eveloper or any agency loo#ing after the common purposes, until handing over the same to the /aintenance Company-Association. TA ES: All rates, ta*es and levies and all other outgoings, if any, in respect of the premises (save those assessed separately in respect of any ?nit-@lat-Space..

%.

;.

:.

5.

23 6. $. 1. COMMON UTILITIES: 2*penses for serving - supply of common facilities and utilities and all charges incidental thereto. RESERVES: Creation of funds for replacement, renovation and-or other periodic e*penses. REPAIRS RENOVATION AND REFURBISHMENTG All e*penses and costs and charges for regular repairs renovations and refurbishment from time to time of various installations and also the 0uilding, including e*penditure of capital nature. OTHERS: All other e*penses and-or outgoings including litigation e*penses as are incurred by the <eveloper and-or the /aintenance Company-Association for the common purposes. THE FIFTH SCHEDULE ABOVE REFERRED TO: PART!I AGREED CONSIDERATION Consideration for the ?ndivided share and for construction and completion of the said ?nit-@lat and for the right to par# in the said Car !ar#ing Space and the servant 6uarterAs Space-s. AH 22< C>9SB<2 AFB>9 ( upees G 444444444444444. only PART II PAYMENT SCHEDULE Fhe Agreed Consideration mentioned in PART I above is to be paid to the <eveloper herein in the follo)ing manner. S). 1. D"%'/E('#% >n or before e*ecution of this Agreement A=*0#% 100M of Agreed Consideration s.

9.

Fotal s.

THE SI TH SCHEDULE ABOVE REFERRED TO: 6DEVOLUTION OF TITLE7 A. 0y virtue of Bndenture of Sale dated ; rd day of 7anuary 1995 egistered in the >ffice of the egistrar of Assurances, "ol#ata in 0oo# 9o. B, Kolume 9o. 1, !ages 61 to $1, 0eing 9o. 601 for the year 1995, the abovenamed >)ner became absolutely sei=ed and possessed of and-or other)ise )ell and sufficiently entitled to in fee simple in possession of All Fhose pieces and parcels of land containing by admeasurement an area of $ 0ighas $ Cottahs 15 Chittac#s and 15 s6. ft. more or less situate lying and comprised in 7. 8. 9o. 1:% and 1:;, <ag nos. 1$, ;1, ;6-%;51, ;6, %151, ;9, ;:, ;6 and ;$ corresponding to "hatian 9os. 1$0%, 1$0;, 1$01, 6:1, 6$% and 1; situate lying at /ou=a "aira and "adambagachi, !.S. 0arasat, and A.<.S. . at "adambagachi in the <istrict of 9orth %: !arganas.

IN WITNESS WHEREOF the parties hereto have e*ecuted these presents on the day, month and year first above )ritten. SIGNED AND DELIVERED by the OWNERS at "ol#ata in the presence ofG

24 WITNESSES: 1. %. SIGNED AND DELIVERED by the DEVELOPER at "ol#ata in the presence ofG WITNESSES: 1. %. SIGNED AND DELIVERED by the PURCHASER/S at "ol#ata in the presence ofG WITNESSES: 1. %.