Cheque No. Dated Amount (Rs.) Drawn On.

Transcription

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2 APPLICATION FOR PROVISIONAL ALLOTMENT OF BUILT -UP HIGH STREET CONDOMINIUM IN "WAVE CITY CENTER SITUATED AT SECTOR - 25A & 32, NOIDA (UP) Application No. Date: M/S WAVE MEGACITY CENTRE PRIVATE LIMITED C - 1, Sector - 3, Noida, Uttar Pradesh Dear Sir, I/We the Applicant(s), submit this application for provisional allotment of a Built-up High Street Condominium on sub-leasehold basis in the development of commercial project named as "WAVE CITY CENTER" (for short the "Said Project") being developed by M/s Wave Megacity Centre Private Limited (hereinafter referred to as the "DEVELOPER") on the Plot of land admeasuring 6,18, square meters, bearing Commercial Plot No. CC-001, situated at Sector-25A & 32, "NOIDA", District Gautam Budh Nagar, Uttar Pradesh, allotted to the "DEVELOPER" by Noida Authority vide Lease Deed dated , duly registered on , with the office of District Registrar, District Gautam Budh Nagar (hereinafter referred to as the "Said Plot"). I/We hereby confirm to have examined the documents to my/our satisfaction confirming the "Developer's" rights, title, interest, entitlements, Sanctions and Tentative Sales Plan of the Said Project. As per the Tentative Sales Plan, I/We apply for Built-up High Street Condominium Consisting of Ground Floor plus Two Floors, Bearing Unit no., Block no, having Covered Area of ( square feet) square meter and Super Area (Chargeable Area) of ( square feet) square meter situated in the said "Project" (For Short basic sale price of Rs /- per square meter( /- per square feet )(plus various other charges as detailed herein this application or any subsequent document(s) which may be executed between the Applicant(s) and the Developer, under the Construction Linked Installment Plan( )/Down Payment Plan( ). (Mark ( ) on the opted Plan). I/We remit herewith a sum of Rs. /- (Rupees ) as booking amount which is to be treated as Application Money in respect of the "HSC" as per the details mentioned hereunder: Cheque No. Dated Amount (Rs.) Drawn On. NOTE.: Payments to be made only through account payees cheque(s)/demand Draft(s)/Banker's Cheque drawn in favour of Wave Megacity Centre Pvt. Ltd., payable at New Delhi/Noida. 1

3 Super Area means the total covered area that is inclusive of the area under periphery walls, area under columns and common walls plus proportionate share of areas utilized for common use, services and facilities. The areas are tentative and are subject to variation. In the event the DEVELOPER accepts this application to allot the HSC provisionally, I/We agree to pay remaining / further installments of Basic Sale Price and all other dues, charges including but not limited to any kind of taxes (present or future) and any other levy/ charges of Government /NOIDA and or any other concerned authority as stipulated in the payment plan as explained to me/us by the DEVELOPER and understood by me/us or as may be demanded by the DEVELOPER in future. I/We have clearly understood that this application shall not be construed as acceptance of offer of provisional allotment. I/We agree that the allotment of the "HSC" as and when made by the DEVELOPER, shall be provisional at the sole discretion of the DEVELOPER and the "HSC" Allottee(s) Arrangement shall be executed between the APPLICANT(s) and the DEVELOPER on acceptance of this Application, however, in case provisional allotment is not made consequent upon rejection of my/ our Application for any reason whatsoever, I/We shall not raise any objection or claim /damages or challenge the same in a court of Law and the amount deposited herein shall be refundable to me/us without any interest within 30 (Thirty) days from the date of written notice regarding rejection of this Application. I/We agree to execute all the documents in the standard format provided by the DEVELOPER as and when necessary and shall strictly adhere to all the terms and conditions stipulated by the DEVELOPER from time to time. I/We have read, understood the Terms & Conditions forming part of this Application for provisional allotment and allotment based on this Application shall be subject to the same and I/We agree to abide and be bound by the same, which shall ipso-facto be applicable to my/our legal heirs, nominee(s) and successors. I/We further agree to sign and execute as and when required by the DEVELOPER, the "HSC" Allottee(s) Arrangement on the DEVELOPER s standard format and I/We agree that until the "HSC" Allottee(s) Arrangement and/or any other document(s) as may be required by the DEVELOPER for the said purpose is duly signed and executed, there shall be no binding contract of sale and I/We shall not be entitled to enforce this Application in the Court of Law. I/We hereby state that I/We are making this application with full knowledge of the Said Project "Wave City Center" and after having read, understood and considered Terms & Conditions, the Government Rules & Regulations vis-à-vis Said Project", which shall ipso-facto apply on me/us and specifically record my/our acceptance thereto. 2

4 PARTICULARS OF THE APPLICANT(S) PHOTOGRAPH 1. FIRST/SOLE APPLICANT(S) Mr./ Mrs./ Ms./ M/S Son / Wife / Daughter of Mr. Date of Birth Profession Designation Nationality Marital Status No. of children Residential Status: Resident Non-Resident Foreign National of Indian Origin Residential Address Office Address Tel.Res Off Mobile Fax No. ID Income Tax Permanent Account No./ Ward No. Passport No. PHOTOGRAPH 2. SECOND APPLICANT(S) Mr./ Mrs./ Ms./ M/S Son / Wife / Daughter of Mr. Date of Birth Profession Designation Nationality Marital Status No. of children Residential Status: Resident Non-Resident Foreign National of Indian Origin Residential Address Office Address Tel.Res. Off Mobile Fax No. ID Income Tax Permanent Account No./ Ward No. Passport No. 3

5 PHOTOGRAPH 3. THIRD APPLICANT(S) Mr./ Mrs./Ms./ M/S Son / Wife / Daughter of Mr. Date of Birth Profession Designation Nationality Marital Status No. of children Residential Status: Resident Non-Resident Foreign National of Indian Origin Residential Address Office Address Tel.Res. Off. Mobile Fax No. ID Income Tax Permanent Account No./ Ward No. Passport No. DETAILS OF NOMINEE Mr / Ms. Son of / wife of / daughter of Permanent Address Tel. Mobile Relation with the nominee City State Pin Code Country (i) Gender: M/F, (ii) Status Major / Minor (iii) Age years (iv) Nationality (v) Marital Status - if married, no of children (vi) Occupation Government Service Private Service Self Employed Professional Self Employed (Business / Industry) Others 4

6 PARTICULARS DETAILS AMOUNT (in Rs.) A. Basic Sale Rs. per Sq. Mtr. (BSP) (Rs. per Sq. Ft.) B. Car Parking Reservation Charges (Covered) C. IFMS Deposit D. Sinking Fund (Annually) No. of car parking Rs. per Sq. Rs. per Sq. Ft. E. One Time Lease Rent F. Other Charges if any, Levies, Taxes (as Rs. per Sq. Rs. Total Consideration Stamp Duty, Registration Fee, Service Tax and allied charges/taxes for execution and registration of HSC Allottee(s) Arrangement and Tripartite Sub-Lease Deed will be additionally payable by the APPLICANT (s) before possession. Mode of Booking Direct If through Dealer; Name with Stamp : DECLARATION I/We, the Applicant(s), do hereby declare that my/our application for the provisional allotment of an HSC on sub-leasehold right basis is irrevocable and that the above particulars/information/details given by me/us are true and correct and nothing has been concealed therefrom. In case of any false or misleading information provided by the Applicant(s) with intentions to cause unlawful loss to the Developer or unlawful gain to the Applicant(s), the DEVELOPER, without prejudice to its other rights, shall be entitled to forfeit the amount deposited by the Applicant(s). 5

7 FOR OFFICE USE (i) Application: Accepted / Rejected (ii) Provisional Registration of HSC (a) Block No. Tentative Unit No. (b) Area of unit Square Ft. Square Mtrs ( c) Basic Sale Rs. Sq. Mtr. Sq. Ft. In words (Rupees Per Sq. Ft.) (d) Club membership (e) Car Parking Reservation Charges (Covered) (f) IFMS Deposit Per Sq. Ft. (g) Sinking Fund (Annually) Per Sq. Ft. (h) One Time Lease Rent Per Sq. Ft. (i) Other Charges if any, (iii) Payment Plan: (iv) Type of Account: (v) Booking amount received vide Receipt No. dated Rs. (Rupees Only) (vi) Mode of Booking: (vii) Application received through: (viii) Special instruction / remarks: Indicate Type of Account of Applicant(s) (NRE/NRO A/c for Foreign Nationals) Application Processed by Date Place 6

8 BROAD TERMS AND CONDITIONS FOR PROVISIONAL ALLOTMENT OF BUILT-UP HIGH STREET CONDOMINIUM IN "WAVE CITY CENTER" SITUATED AT SECTOR - 25A & 32, NOIDA (U.P.) The following are the broad terms and conditions which will be comprehensively set out in the "HSC" Allottee(s) Arrangement. 1. (a) M/s Wave Megacity Centre Private Limited (for short the Developer ) is the original Allottee/Lessee and in possession of, and otherwise well and sufficiently entitled to the Plot of land admeasuring 6,18, square meters, situated at Commercial Plot No. CC-001, Sector- 25A & 32, NOIDA, District Gautam Budh Nagar (hereinafter referred to as the said Plot ), allotted to the Developer by New Okhla Industrial Development Authority ( hereinafter referred to as Noida ) vide Lease Deed dated , duly registered on at the office of District Registrar, District Gautam Budh Nagar, executed in favour of Developer for a period of 90 (ninety) years (for Short Principal Lease ), Developer is entitled to, on the terms and conditions contained therein, for the development of Commercial Complex for commercial activities such as shopping mall(s), showrooms, retail outlets, Office Space, Studio Apartment, Serviced Residency, hotels, restaurants, offices and such other commercial uses and to use permissible Floor Area Ratio (F.A.R.) for residential purposes also as may be authorized by Noida from time to time (for short the Said Project ). (b) (c) (d) The "DEVELOPER" will carry out development as per norms specified in the Building Regulations and on such Directions of "Noida". The APPLICANT(s) hereby confirms to have read and understood the Terms & Conditions of the said "Principal Lease" in respect of the said "Plot" allotted by "Noida" in favour of the "DEVELOPER". The copy of the said "Principal Lease" is readily available at the site office of the "DEVELOPER" as well as its corporate office mentioned above. The copy of the Principal Lease will be made available for perusal of the APPLICANT(s) at anytime during any working day. The APPLICANT(s) have seen and accepted the Development Scheme and General Specifications of the Said Project", which are tentative. The APPLICANT(s) have applied for provisional allotment of a "HSC" with full knowledge about the proposed Development Scheme, layout plans, building plan, specifications and other terms and conditions, however, the same may be changed, altered, modified, revised, added, deleted, substituted or recast by the DEVELOPER and/or Architect if considered necessary and expedient or as may be directed by the "NOIDA" at any time even after the Layout Plans for the Said Project" are sanctioned/approved, the APPLICANT(s) shall not raise any objection in respect thereof. The APPLICANT(s) further shall be deemed to be in knowledge of all laws, rules, regulation, notifications etc. applicable to the area/city/state in general and for the Said Project" in particular, which have been explained by the DEVELOPER and understood by the APPLICANT(s). It is agreed by the Applicant(s) that the booking/ "HSC" Allottee(s) Arrangement, once made, cannot be cancelled by the APPLICANT(s). However, the discretion absolutely rests with the DEVELOPER to allow cancellation subject to forfeiture of Earnest Money (as defined below in clause 3.(a)). The amount, if any, paid by the APPLICANT(s) over and above the Earnest Money shall be refunded to the APPLICANT(s) without any interest. 7

9 (e) (f) The APPLICANT(s) further agrees and understands that the area of the "HSC" is tentative and subject to change as per direction of the Sanctioning Authority or Architect or Structural Engineers of the DEVELOPER which may result in change (decrease/increase) in the area of the "HSC", change in its dimension, size, location, number, boundaries etc. The final size, location, number, boundaries etc. shall be confirmed by the DEVELOPER on the execution of Tripartite Sub-Lease Deed. In case of increase/decrease in the area of the "HSC" being provisionally allotted, the APPLICANT(s) shall be liable to pay/be entitled to refund, as the case may be, for the initial 10% of increase/decrease in area at the rate of booking of the "HSC" and for beyond 10% increase/decrease in the area of the "HSC" at the then prevailing market rate as may be decided by the DEVELOPER. The APPLICANT(s) understands and has agreed that in view of reduction or increase of Super Area or change in Location / Floor, the APPLICANT(s) shall have no rights of any kind of claims/damages (monetary or otherwise) against the "DEVELOPER", save and except that the price of the "HSC" will be increased and/or decreased proportionately as the case may be. Similarly, in case of absolute deletion of the "HSC", then no claim whether monetary or otherwise will be raised by the APPLICANT(s), except for the refund of the actual amount received from the APPLICANT(s) which shall be refunded by the "DEVELOPER" in full without any interest accrued thereon. 2. The Basic Sale Price of the "HSC" to be paid in accordance with the Payment Plan(s) is detailed in Schedule I, attached herein and as may be opted by the APPLICANT(s). It is understood and accepted by the APPLICANT(s) that the Basic Sale Price does not include any other amounts, charges, taxes etc. as are/may be payable under the Application Form and/or "HSC" Allottee(s) Arrangement. The APPLICANT(s) agrees that the Basic Sale Price is for bare shell condition with specifications stated in Schedule II attached herein for "HSC" within the internal walls of the said "HSC" and the APPLICANT(s) understands that the furnishing and fit outs inside the said "HSC" shall be done by the APPLICANT(s) at its own cost and risk. The Schedules attached herewith form integral part of Application/"HSC" Allottee(s) Arrangement and the APPLICANT(s) is bound to pay such amount /charges to the "DEVELOPER" as stated in these Schedules. 3. (a) It is agreed by the APPLICANT(s) that the timely payment of installments and other allied charges indicated/contained herein and/or contained in "HSC" Allottee(s) Arrangement is the essence of Allotment. It shall be incumbent on the APPLICANT(s) to comply with the terms of payment and the APPLICANT(s) herein have agreed that the "DEVELOPER" is under no obligation to send reminders for payments. If payment is not received by the "DEVELOPER" within the period as indicated in the Payment Plan opted by the APPLICANT(s) or if there is any other breach of the terms and conditions of "HSC" Allottee(s) Arrangement, then Allotment may be cancelled. The APPLICANT(s) hereby agrees that out of the amount (s) paid/ payable by him/her/them/it for the said "HSC", the DEVELOPER shall treat 20% of basic sale price, as earnest money ("Earnest Money") to ensure fulfillment by the Applicant(s) of all the terms & conditions of "HSC" Allottee(s) Arrangement. (b) If any APPLICANT(s) fails to pay the Allotment Money or any of the Installment(s), or any amount due on the stipulated due dates, then an 18% per annum will be charged from the APPLICANT(s) on the unpaid amount payable towards Allotment Money and/or any Installment(s). If the APPLICANT(s) fails to pay the unpaid amount for a period of 1 (one) month or more from the due date, then the "DEVELOPER" shall be entitled to forfeit the Earnest Money from the amount paid by the said APPLICANT(s) for the "HSC" and the booking/"hsc" Allottee(s) 8

10 Arrangement shall automatically stand cancelled without any further notice to the APPLICANT(s). It is further understood that the defaulting APPLICANT(s) shall cease to have any lien or right on the allotted "HSC". The balance amount after the aforesaid deduction as paid by the APPLICANT(s) shall be refunded by the "DEVELOPER" without any interest, and only upon surrender of the original receipts and the copy of "HSC" Allottee(s) Arrangement, if executed. However, the "DEVELOPER" may in its sole discretion, waive its right to terminate/cancel the "HSC" Allottee(s) Arrangement and enforce all the payments and seek specific performance of the terms and conditions of the Application/"HSC" Allottee(s) Arrangement. The above is without prejudice to any other rights as may be available to the "DEVELOPER" as per the terms and conditions stated in the application form and/or "HSC" Allottee(s) Arrangement and/or under any Applicable Law. (c) The APPLICANT(s) shall make the payment towards the price of the "HSC" as per the Payment Plan(s) mentioned in Schedule - I, as opted by him/her/them/it as stated in Para 2 above and that the "DEVELOPER" shall not be liable to send any further Installment Call Notice(s) to the APPLICANT(s) in this regard. (d) In exceptional circumstances and in its sole discretion, the "DEVELOPER" on the request of the APPLICANT(s) within 7(seven) days of default, may condone the delay in payment of the Allotment Money, Installment(s) or any other charges as maybe payable by the APPLICANT(s) on such terms and conditions as may be deemed fit by the DEVELOPER. However, it is clarified that such discretion and right of the "DEVELOPER" shall not become automatically applicable to any or all other defaulting APPLICANT(s), including with respect to other Allotment of "HSC" of the same APPLICANT(s). (e) The "DEVELOPER" shall not be responsible towards any third party(s) making payment / remittances on behalf of the APPLICANT(s) and such third party(s) shall not have any right in the Allotment of the "HSC" allotted to the APPLICANT(s). The "DEVELOPER" will only issue receipt for payment in favour of the recorded APPLICANT(s). 4. All payments in respect of the Allotment Money, Installment(s) and/or any other charges shall be made by the APPLICANT(s) only through Account Payee(s) Demand Draft / Pay Order / Cheque payable at Delhi / New Delhi / Noida in the name of M/s Wave Megacity Centre Private Limited. 9

11 5. (a) The basic sale price of the "HSC" is calculated/ charged on Super Area. The covered area does not include walls, cupboard space, window projections, balconies and proportionate share of area under staircases, common areas, wall shafts, water supply arrangements & installations and other common facilities such as service floors etc. The APPLICANT(s) right(s) will be limited only to the covered area purchased by the APPLICANT(s). The right to own and use Terrace/ roofs of the "HSC" and all the signage areas for display board, hoardings, illuminated sign boards, neon signs etc. in the atrium, lift, lift lobbies, corridors, basements, parking spaces, front, rear and other outer facades of the Building in which such "HSC" is situated shall only remain with the "DEVELOPER". The "DEVELOPER" may issue such guidelines/ directions including but not limited to colour scheme, style and manner of signage, proper maintenance and upkeep by the APPLICANT(s) of such signage from time to time. The "DEVELOPER" may transfer such responsibility of identifying, earmarking and allotment of such signage to its nominees / assigns or any other body or association / society of APPLICANT(s) or to such other agency as may be appointed by the "DEVELOPER" at its sole discretion. Upon such transfer, the "DEVELOPER" shall be released and discharged from all its obligations and responsibilities in respect of the signage. The APPLICANT(s) shall not raise any dispute with regards to the appointment of any agency for managing signage and that the agency shall work in such a manner as it may deem fit and proper from time to time and the APPLICANT(s) shall extend full cooperation to such an agency for optimum usage of the signage in the block in which "HSC" is situated. The APPLICANT(s) further undertakes, assures and guarantees that APPLICANT(s) will not put any sign-board / name-plate, neon-light, publicity material or advertisement material etc. on the face / facade of the "HSC" or anywhere on the exterior of the "HSC" or common areas but only at the places specifically earmarked and allotted by the "DEVELOPER" and/or by its appointed agency. (b) Except for the areas herein allotted all the common areas and the facilities and the residuary rights in the proposed "HSC" in the Said Project shall continue to vest with the "DEVELOPER" unless otherwise transferred to any person! organization(s) / entity(s). (c) In case during the course of construction and/or after the completion of the "HSC" in the Said Project, further construction on the terrace of "HSC" or over the Building(s) becomes permissible, then the "DEVELOPER" shall have an absolute and unfettered right, without hindrance and disturbance of the occupation/possession of the Applicant(s), to commence and complete such further permissible construction and to deal with the same notwithstanding the designation and allotment of any common area as limited common area or otherwise. 6. The "DEVELOPER" has made clear to the APPLICANT(s) that it shall be carrying out extensive developmental / construction activities as it may deem fit in future in the entire area falling outside the "HSC" (the same maybe within or outside the Said Project) and the APPLICANT(s) has confirmed that he/she/they/it shall not raise any objections or make any claims or default in any payments as demanded by the "DEVELOPER" on account of inconvenience, if any, which may be suffered by him/her/ them due to such developmental / construction activities or incidental / related activities and this undertaking shall survive throughout the occupancy of the "HSC" by the APPLICANT(s), his/her/ their legal representatives, successors, administrators, executors, permitted assigns etc. 10

12 7. It is agreed by the APPLICANT(s) that the "DEVELOPER" shall have the right to effect suitable and necessary changes/ alterations / modifications / adjustments / variations / amendments and/or revisions in the lay-out plans in the building or block of buildings in the interest of the Said Project, if and when found necessary, which alterations may involve all or any of the following changes including but not limited to change in the position of the "HSC", change in the allotment number of the "HSC" or change in its dimensions or change in the height of the proposed Building or change in its area. The APPLICANT(s) understands that to implement any or all of the above changes, supplementary agreements, if necessary, will be executed and APPLICANT(s) further agrees to execute other such documents to effectuate such understanding without any protest or demur. 8. The Construction of the "HSC" located in block 3D, 3F, 3H in the Said Project is likely to be completed within 36 (thirty six) months, and "HSC" located in block 3E, 3G, 3J is likely to be completed within 48 (Forty eight) months from the date of signing of "HSC" Allottee(s) Arrangement (with a reasonable extension of 6 (six) months respectively). However, if due to any reason beyond the control to the "DEVELOPER" or due to any unforeseen circumstances, whether on account of non-availability of building materials, water supply or electric power slow down, strike or due to a dispute with the construction agency employed by the "DEVELOPER" and due to Force Majeure reasons which shall include but shall not be limited to civil commotions, war, enemy action, earthquake or any act of God of if non delivery of possession is as a result of any notice, order, rule of notification of the Central or State Government and/or any other public competent Authority stay from any Court, or for any other reasons beyond the control of the "DEVELOPER" then in any of the aforesaid events the "DEVELOPER" shall be entitled to a reasonable extension of time for delivery of possession of the "HSC", and in such eventuality the APPLICANT(s) will not claim any amount of money by way of refund/ damages/compensation/interest, etc. from the "DEVELOPER". In case the "DEVELOPER" abandons the said "Project" for any reason beyond its control then the DEVELOPER's liability shall only be limited to the refund of the amount paid by the APPLICANT(s) along with such rate of interest as may be applicable on savings bank account. it is further categorically understood by the APPLICANT(s) that the "DEVELOPER" as a result of any contingency including Force Majeure reserves its right to alter, add or vary the Terms and Conditions of the "HSC" Allottee(s) Arrangement or if the circumstances beyond DEVELOPER's control so warrant, the "DEVELOPER" may suspend the Said Project for such period as it may consider expedient and no compensation of any nature whatsoever can be claimed by the APPLICANT(s) For the period of delay/suspension of the Said project. 9. The Basic Sale Price of the "HSC" does not include the cost of connection charges of electricity, water, service / sewage lines etc. and security deposit in connection therewith and the amount payable to "Noida" or any other Authority in respect of such connections shall be charged extra in proportion to the super area of the "HSC". 11

13 10. All the charges, taxes, service taxes, duties or levies demanded or imposed or to be imposed by "Noida" or by any other Authority, Local/Government body shall have to be borne proportionately by the APPLICANT(s). Such charges/taxes shall be payable as demanded and from the date the same are made applicable by such Authority or Local/Government body. The aforesaid charges/ taxes shall be payable by the APPLICANT(s) as and when Call Notice thereof is given by the "DEVELOPER" and within such time as specified in the Call Notice and in case of default in payment of the same, the provisions of Clause 3(a) mentioned herein above shall apply. The APPLICANT(s) shall be responsible for such default, and in the event the "DEVELOPER" suffers any loss/damages due to any non-performance by the APPLICANT(s) then the APPLICANT(s) shall indemnify the "DEVELOPER" of such loss/damages. 11. (a) That the basic sale price of the "HSC" covers development of internal services such as laying of roads, development of parks and landscapes, laying of water lines, laying of sewer lines, laying of electrical lines, laying of storm water drain lines and erection of electrical sub-station and to develop necessary civic services essential for the said Project. However in case of any change at a later stage in the specifications of internal development thereby resulting in the DEVELOPER incurring any extra charges on account of such changes, the same shall be recovered on pro-rata basis from the APPLICANT(s) and shall be payable by the APPLICANT(s) as and when demanded by the DEVELOPER. (b) It is further agreed between the parties that the Basic Sale Price of the "HSC" includes the charges of External/Infrastructural Development, however, in the event of any increase/any fresh taxes, cess, levy relating to External/ Infrastructural Development Charges with regards to, but not limited to state/national highways, transport, irrigation facilities and power facilities, electrical facilities/ requirements, electricity distribution network /system, metro cess, Telephone /internet cables, gas Pipelines etc. thereto being imposed by Government/Semi-Government Body / Statutory Authority/NOIDA along with interest hereafter including interest thereon shall be to the account of APPLICANT(s) on pro-rata basis, who unconditionally agrees and undertakes to pay the same to the DEVELOPER upon demand and/or directly to the concerned Government Authority, as applicable, whether levied with prospective or retrospective effect. Further, the APPLICANT(s) have been informed by the DEVELOPER that the Government usually revises its aforesaid charges from time to time, even after the execution of the appropriate document of transfer and also raises the demand for the same upon the DEVELOPER. In such an eventuality the APPLICANT(s) agrees and undertakes to reimburse/ pay the same along with interest thereon, if any, as and when demanded by the DEVELOPER. Further it is expressly agreed and understood by the Parties hereto that in the event of any failure of APPLICANT(s) or subsequent transferees in making payment of such charges to the DEVELOPER, the same shall be treated as unpaid consideration against the "HSC" and the APPLICANT(s) further agrees that the DEVELOPER shall have unfettered right and entitlement to recover the said charges along with interest from the APPLICANT(s) or the subsequent transferees. The APPLICANT(s) further agrees and undertakes to incorporate this Clause in the document of Transfer, if he/she/it/they intend(s) to transfer the "HSC" to any subsequent purchaser, with the condition that in all subsequent transfers, this clause shall mandatorily be retained failing which the subsequent transfers shall not constitute a valid transfer. 12

14 (c) That the main and power backup electric load of 4 KW per 750 sq. ft. of Area shall be provided by the DEVELOPER in the "HSC" with dual supply metering and prepaid meter system, however, in case APPLICANT(s) requires additional load in the "HSC", the same may be allowed subject to payment of infrastructural cost of Rs. 20,000/- per KW, which shall further be subject to revision as may be decided by the DEVELOPER from time to time. (d) It is further agreed by the parties, that the Fire Fighting equipment and/or preventive measures may be installed by the DEVELOPER in the common area if required by any law/by-laws, order or directions or guidelines of the Government/any Statutory Authority / Body or if deemed necessary by the DEVELOPER and the costs thereof shall be chargeable extra from the APPLICANT(s) on pro-rata basis. 12. It is made clear by the DEVELOPER and agreed by the APPLICATION (s) that all rights including the leasehold rights/ownership thereof of land(s), facilities and amenities, (other than those within the Building and the land beneath the HSC only), shall vest solely with the DEVELOPER and the DEVELOPER shall have the sole and absolute authority to deal in any manner with such lands(s), facilities and amenities including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease, collaboration, mortgage, joint venture, operation and management or any other mode including transfer to Government, Semi- Government, any other Authority, body, any person, institution trust and/or any local body(ies) which the DEVELOPER may deem fit in its sole discretion and this undertaking shall survive throughout the occupancy/sub-lease of the HSC by the APPLICANT(s), his/her legal representatives, successors, administrators, executors, permitted assigns, nominees etc. 13. Any charge/taxes demanded by the Local/Government body, Authority or Noida towards the vacant land, house tax/lease rent, service tax or any other taxes, levies or other charges for the period after the date of Application shall be borne by the APPLICANT(s) irrespective of the fact that he/she/they have not been enjoying and benefit of his/her/their HSC and the same shall be payable by him/her/them immediately on demand on proportion to the super Area of the HSC allotted to him/her them upon receipt of the Call Notice from the DEVELOPER. However, in the event the said charges are not generated separately by the Local/Government body or Authority etc. each APPLICANT(s) will pay the proportionate share on the basis of his/her/their super are as the case may be and as may be determined by the DEVELOPER from time to time. In case of default in payment of the aforesaid charges, the provisions of Clause 3(a) mentioned herein above shall apply. The APPLICANT(s) shall themselves be responsible for such default, and in the event the DEVELOPER suffers any loss/damages due to any nonperformance by them, then the APPLICANT(s) shall indemnify the DEVELOPER of such loss/damages. 14. The APPLICANT(s) agree(s) that the Allotted HSC shall be used for Shop-cum-Office purposes only and the usage of the same cannot be altered or changed without a prior written permission from the DEVELOPER. The APPLICANT(s) shall not make any changes whatsoever not limited to structural addition / alteration in the HSC without a prior written permission from the DEVELOPER and / or the concerned Authorities or cause damage to or create nuisance in the HSC in any manner whatsoever. Further, no damage or hazards will be caused/created/kept in the HSC in any manner and all standards of safety, fire fighting and insurance etc., notified by the DEVELOPER and /or any Government Authority will be observed by the APPLICANT(s). The APPLICANTS (s) shall obtain on his/her/their own all such permissions/licenses/approvals and at his/her/their own cost, from such competent Authorities as may be necessary to carry on his/her their activity and business in the allotted HSC. Any violation of this convent shall be construed as event of default. 13

15 15. The APPLICANT(s) shall abide by all Applicable Laws, regulations, restrictions and directions of the local bodies including the "Noida" and of the body corporate/society/association of the APPLICANT(s) (as and when formed by the "DEVELOPER" as it may deem fit and necessary at its discretion, and until then as prescribed by the "DEVELOPER") and shall be solely responsible for any of the deviation, violations or breach of law/by- laws, rules, regulations and directions issued in this regard. 16. It is agreed by the APPLICANT(s) that in the event of failure of the APPLICANT(s) to take the possession of the "HSC", and get the tripartite Sub-Lease Deed executed in his/her/their/its favour, upon being intimated about the same by the "DEVELOPER", the "DEVELOPER" shall have option to cancel the "HSC" Allottee(s) Arrangement or the "DEVELOPER" may, without prejudice to its rights and at its sole discretion, decide to condone the delay by the APPLICANT(s) in taking over the possession of "HSC" and getting the tripartite Sub-Lease Deed executed in his/her/their/its favour on the condition that the APPLICANT (s) at that stage shall pay to the "DEVELOPER" holding charges at such rate as may be decided by the DEVELOPER from time to time apart from any other statutory penalty which may be imposed by the concerned Authority for the entire period of such delay. The "DEVELOPER" shall hand over the "HSC" subject to payment of the holding charges with applicable overdue arrears of Installments and interest, if any, are fully paid to the "DEVELOPER". The APPLICANT(s) agrees that the holding charges as stipulated in this case shall be distinct charge not related to and shall be in addition to the maintenance charges or any other outgoing cess, taxes, levies, penalty etc., which shall be the sole responsibility and borne by the APPLICANT(s). 17. The APPLICANT(s) shall before taking possession of the "HSC", must clear all the amount, charges, dues, taxes, stamp duty etc. towards the "HSC" and have the tripartite Sub-Lease Deed for the "HSC" executed in his/her/its favour by the "DEVELOPER" as per the rules and regulations of the "Noida " and/or any other Authority, after paying applicable stamp duty, taxes, registration fees and other charges/expenses and penalty if any imposed by the "Noida" for delay in execution of tripartite Sub-Lease Deed. 18. (a) The DEVELOPER either directly or through its appointed Maintenance Agency, as the case may be, (referred to as "Maintenance Agency") shall provide the requisite common area maintenance and other services within the Said Project which shall broadly include garbage disposal & upkeep of common areas, water supply, sewerage system and drainage system, lighting facilities for the common area and internal roads, maintenance and upkeep of internal roads, pathways, boundary walls /fencing, horticulture, provision of general watch and ward (collectively referred to as "Maintenance Services). The APPLICANT(s) agrees to bear all the costs and charges for the upkeep of the said building in which "HSC" situates, the Maintenance Services charges that may be imposed by the DEVELOPER from time to time. Further, it is clarified that the club membership/usage of club facilities, Interest Free Maintenance Security Deposit (IFMS), or such like additional facilities, are not included in the Basic Sale Price and shall be payable by the APPLICANT(s) separately, as may be applicable. (b) The APPLICANT(s) hereby agrees to sign and execute Maintenance Agreement with the DEVELOPER and/or Maintenance Agency prior to possession and undertakes to make timely payment towards all charges, and dues in relation to provision of the Maintenance Services (the "Maintenance Charges") as may be determined/ revised by the DEVELOPER / Maintenance Agency from time to time. It is hereby agreed that the Maintenance Charges shall be due and payable from the first day of the subsequent calendar month in which the possession of the "HSC" is offered by the DEVELOPER to the APPLICANT(s). 14

16 (c) The APPLICANT(s) agrees and undertakes to enter into and execute a separate Agreement with the DEVELOPER / Maintenance Agency (the "Maintenance Agreement") in relation to provision of Maintenance Services prior to the APPLICANT(s) taking possession of the "HSC". The Maintenance Agreement may inter alia specify the Maintenance Services to be provided in relation to the "HSC" and the Said Project and the applicable Maintenance Charges payable by the APPLICANT(s) in respect of the same. (d) Further, the APPLICANT(s) shall pay the monthly Maintenance Charges to the DEVELOPER/ Maintenance Agency as per bills raised by the Maintenance Agency. The APPLICANT(s) shall pay prior to taking over the possession of the "HSC" interest-free maintenance security deposit (IFMS) equivalent to 3 (three) months Maintenance Charges. The APPLICANT(s) agrees and undertakes that in case of non-payment of Maintenance Charges upon demand, the APPLICANT(s) shall be liable to pay the amount due along with simple 18% per annum, till the date of actual payment. The APPLICANT(s) understands and agrees that unpaid amount towards Maintenance Charges and interest for delayed period constitute lien on the said "HSC" in favour of the DEVELOPER, The APPLICANT(s) understands that the Maintenance Charges may be modified by the maintenance Agency keeping in view the prevailing conditions and price index at that time. The APPLICANT(s) shall always ensure to update and maintain the security deposit equivalent to the prevailing 3 (three) months Maintenance Charges, after every increase. (e) (f) (g) The APPLICANT(s) agrees and acknowledges that in the event of transfer of the "HSC" (whether by means of a sale, assignment, disposal or otherwise), the security deposit shall stand transferred in the name of the transferee and the APPLICANT(s) shall not claim the refund of the security deposit. The APPLICANT(s) agrees and undertakes to pay all the applicable property tax and other Taxes as assessed by any NOIDA, in respect of the "HSC" directly to such authority. The Parties agree that in addition to the Maintenance Charges, the APPLICANT(s) will be required to contribute Rs. 21/- per square feet of the Super Area of the "HSC" per year towards a Sinking / Reserve fund of the "DEVELOPER" / Maintenance Agency, to be utilized for major repairs, replacement of machinery and/or other requirement(s) of the "HSC". Any delay in payment will render the APPLICANT(s) liable to pay 18% per annum. (h) The APPLICANT(s) further undertakes and agrees that in the event of his/her/their default in making the payment of Maintenance Charges, the DEVELOPER / Maintenance Agency shall be free to disconnect or withdraw the water supply and other services till such time until the dues of Maintenance charges are cleared / paid along with interest for the delayed period by the APPLICANT(s). The APPLICANT(s) further agrees and undertakes that he shall not raise any kind of objection whatsoever against such disconnection if he/she is defaulter in payment of dues of maintenance charges. Before disconnecting the water supply and services the DEVELOPER / Maintenance Agency shall however, give 7(seven) days notice to the APPLICANT(s) for making good the default. 19. The Allotment shall be subject to the terms and conditions of the license(s) and/or sanction of layout plan/ zoning plan/ issued/ approved by "NOIDA" and/or any Competent Authorities in respect of the Land/ Project/ "HSC" and the APPLICANT(s) hereby accepts and agrees to abide by the same. The APPLICANT(s) shall not make any alteration in the Façade of the "HSC". It is further agreed by the APPLICANT(s) that DEVELOPER shall through its authorised 15

17 representative be allowed to inspect the "HSC" with a reasonable notice to the APPLICANT(s) during the subsistence of the "HSC" Allottee(s) Arrangement and/or Tripartite Sub-lease deed. 20. (a) The responsibility of provision of fire safety, public health services and general services shall be entirely of the APPLICANT(s). (b) The APPLICANT(s) shall strictly follow the building by-laws, any deviation therewith shall be exclusively attributable to the APPLICANT(s). (c) For the fit out inside the "HSC" No wall /ceiling/mezzanine shall be constructed without the written permission of the DEVELOPER. The false ceiling of the "HSC" if any shall be so designed /constructed by the APPLICANT(s) in accordance with the fire safety rules and further to make provisions for smoke detector/ water sprinkler etc. The APPLICANT(s) shall further provide and install all fire safety and fire fighting measures / equipments in the "HSC" and shall abide by all fire safety rules & regulation. The APPLICANT(s) shall be entirely responsible for providing those fire safety equipments, procured and fitted only from/ by the Vendor, duly authorised by the DEVELOPER for supply and fitment of such equipments. The APPLICANT(s) shall prepare and submit the plans in triplicate to the Competent Authority(ies), clearly marked and indicating the complete fire protection arrangements and means of escape/access for the "HSC' with suitable legend and standard signs. (d) In case "HSC" is used for Restaurant, the provision of ventilation/exhaust system shall be provided by the APPLICANT(s) in the "HSC" on its own cost, which shall be strictly in consonance with the Specification approved by the DEVELOPER. 21. That the ALLOTTEE (s) shall use only Compact Fluorescent Lamps (CFL) for internal lighting. 22. That the DEVELOPER has the right to raise the finance from Bank/Non Banking /Financial Institutions/Body Corporate/Foreign Direct Investment/Private Equity Funds or any other Funding Bodies and for this purpose create equitable mortgage (mortgage by deposit of title deed) of the project land or English/legal mortgage in favour of one or more such institutions or their trustees/ nominees and for creation of such a charge the APPLICANT(s) shall have no objection during the development of the Said Project and till the time of handover of the "HSC" to the APPLICANT(s). 23. Notwithstanding the foregoing, the DEVELOPER shall ensure to have any such charge, if created, cleared and vacated before the Tripartite Sub-Lease deed is executed in favour of the APPLICANT(s). 24. Unless a Tripartite Sub-Lease deed is executed and registered in favour of the APPLICANT(s), the DEVELOPER shall for all intents and purposes continue to be the owner of the "HSC" and this proposal shall not give to the APPLICANT(s) any right or interest therein. 25. That the "HSC" shall always be used for Shop-cum-Office purpose only as stated in clause 14. Any change in the specified use, which is not in consonance with the theme and/or terms and conditions of the Said Project" or is detrimental to the public interest will be treated as a breach of the terms of "HSC" ALLOTEE(s) Arrangement entitling the DEVELOPER to cancel the "HSC" ALLOTEE(s) Arrangement. Thereafter, the APPLICANT(s) shall not have any right, title or interest in the "HSC". 16

18 26. The APPLICANT(s), residing outside India, shall be solely responsible to comply with the necessary formalities, as laid down in Foreign Exchange Maintenance Act, 1999 ("FEMA"), rules and regulations of Reserve Bank of India and/or the statutory enactments or amendments thereof and/or any other law governing remittance of the payments, for obtaining requisite permission/noc for acquisition of the "HSC" in the Said Project. In case the permission/noc for the acquisition of the "HSC" is not granted to the APPLICANT(s), the amount received by the "DEVELOPER" will be refunded in full to the APPLICANT(s) without any interest. The APPLICANT(s) agrees that in the event of any failure on the party of the APPLICANT(s) to comply with the applicable guidelines issued by Reserve Bank of India, the APPLICANT(s) shall alone be responsible for any action under FEMA. The APPLICANT(s) shall keep the "DEVELOPER" fully indemnified and harmless in this regard. 27. It shall be the responsibility of the APPLICANT(s) to inform the "DEVELOPER" by registered A.D. Letter about any change in his/her/their address or other particulars furnished by him/her/ them to the "DEVELOPER". In case of non informing of the change in address or such information by the APPLICANT(s), all Demand Notice(s) of other correspondence(s) sent/or made by the "DEVELOPER" on his/her/their last available address with the "DEVELOPER" will be deemed to have been served on him/her/them and the APPLICANT(s) shall be responsible for any default in payment and other consequences that might occur therefrom. In case there are joint APPLICANT(s), all communication shall be sent by the "DEVELOPER" to the APPLICANT(s) whose name appears first, at the address given by the APPLICANT(s) for correspondence and which shall for all purposes be considered as served on all the APPLICANT(s) and no separate communication shall be necessary to the other named Co- APPLICANT(s). 28 (a) The APPLICANT(s) agrees and undertakes that the APPLICANT(s) shall not sell, transfer, assign or part with his/her/their right, title or interest in the said "HSC" or any portion thereof, even after the allotment is made in his/her/its favour, until all the dues payable to the DEVELOPER are fully paid and the Tripartite Sub-Lease Deed is executed in his/her/their favour. The APPLICANT(s) is/are however entitled to get the name of his/her/their nominee(s) substituted in his/her/their place with the prior approval of the DEVELOPER who may at its sole discretion permit the same on such conditions as it may deem fit. The APPLICANT(s) shall pay to the DEVELOPER the administrative charges as may be applicable from time to time for the purpose of such substitution. However, any stamp duty and /or levies, penalty, charges to authority(s), which may be applicable on such assignment, nomination, shall be exclusively born and paid by the APPLICANT(s). The administrative charges for the transfer of the 'HSC' amongst family members (husband/wife and own children/mother/father/brother/sister) will be 25% of the normal administrative charges. The Claims, if any, between transferor and transferee in respect of "HSC" or its area, location will be settled between themselves i.e. transferor and transferee and the DEVELOPER will not be a party to it. (b) (c) That in case of death of the APPLICANT(s), the "HSC" would be transferred to the legal heir(s) of the APPLICANT(s) on submission of the required documents, as per the Applicable Law. In the event the APPLICANT(s) gets his/her/their "HSC" converted into freehold from Noida Authority directly, then he/she/they shall still be bound by the Terms and Conditions of the Allotment between the "DEVELOPER" and the APPLICANT(s). 17

19 29. The APPLICANT(s) shall abide by the Terms and Conditions as stipulated in the Application Form /"HSC" Allottee(s) Arrangement and Maintenance Agreements and other documents in addition to these Terms and Conditions. 30. All the Terms and Conditions with attachments, specified in the Application Form and/or elsewhere shall form an integral part of these Terms & Conditions detailed herein, however, in case of any contradictions, the Terms and Conditions mentioned in the "HSC" Allottee(s) Arrangement shall supersede in its applicability and interpretation to whatever is mentioned elsewhere. 31. The "DEVELOPER" shall have the first lien and charge on the "HSC" for all its dues and other sums payable by the APPLICANT(s) to the "DEVELOPER". 32. The Loans from Financial Institutions, Banks to finance the "HSC" may be availed by the APPLICANT(s). However, if a particular Institution/Bank refuses to extend financial assistance on any ground, the APPLICANT(s) shall not make such refusal an excuse for non-payment of further Installments/dues. 33. If any misrepresentation / concealment / suppression of material facts is/are found to be made by the APPLICANT(s), the entire money deposited by the APPLICANT(s) with the "DEVELOPER" shall stand forfeited and appropriate legal action for such misrepresentation / concealment / suppression shall be initiated. 34. The APPLICANT(s) will maintain the ambience of "Wave City Center" i.e. Pan Shop, Cigarette Shop or any other business which is declared objectionable at the sole discretion of the "DEVELOPER" or the Maintenance Agency appointed by the "DEVELOPER" and the same shall not be carried out by the APPLICANT(s) for which he/she/they have already consented while applying for the Allotment of "HSC". It will also be the responsibility of the APPLICANT(s) not to allow/induct a new APPLICANT(s)/occupant/tenant without taking prior written approval f r o m t h e " D E V E L O P E R " o n t h e n a t u r e o f b u s i n e s s t h a t t h e n e w APPLICANT(s)/occupant/tenant wishes to conduct in the "HSC", as the case may be. 35. The APPLICANT(s) hereby agree to comply with all the prevailing laws applicable in respect of "HSC", the Terms and Conditions of the Lease granted by "Noida" including but not limited to provisions of Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and their rules, notifications etc. and the APPLICANT(s) shall always remain solely responsible for the consequences of non compliance of the aforesaid Acts/ rules or any other applicable provisions in this regard. 36. That all statutory tax liabilities including but not limited to stamp duties, registration charges, levies, Taxes, service tax and any charges pertaining to and arising out of "HSC" Allottee(s) Arrangement shall be exclusively borne by the APPLICANT(s). 37. The APPLICANT(s) shall indemnify and keep the "DEVELOPER", its Directors, employees, agents, representatives, indemnified and harmless against the payments and observance and performance of all terms and conditions and any loss, damage or liability that may arise due to non payment, non observance or non-performance of the said Terms and Conditions by the APPLICANT(s). 18