SPACE ALLOTMENT AGREEMENT - DLFcommercial.dlf.in/resourcecontent/cybercity-office.pdf · space...

SPACE ALLOTMENT AGREEMENT

A


BETWEEN

DLF LIMITED

AND

1. NAME ................................................................... ..................................................................

ADDRESS

..........

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...........................................................................................................................................................

2. NAME ...............................................................................................................................................

ADDRESS .........................................................................................................................................

...........................................................................................................................................................

...........................................................................................................................................................

..........................................................................................................................................................

3. NAME ...............................................................................................................................................

ADDRESS .........................................................................................................................................

...........................................................................................................................................................

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A

INDEX

S. No Heading Page No

1. Important Instructions to the Allottee(s) 1

2. Instructions for execution of the Agreement 1

3. Parties 2

4. Definitions 5

5. Interpretation 8

6. Total consideration Payable for the Said Premises 8

7. Parking Spaces(s) 12

8. Government charges and Taxes 12

9. Payment for taxes, wealth tax, cesses by all Allotte(s) 14

10. Amounts paid by the Allotte(s) with the Application 14

11. Earnest money 14

12. Mode of Payment 15

13. Compliance of Law related to remittances 15

14. Adjustment/Appropriation of Payments 15

15. Time is the Essence 15

16. Construction of the Said Space/Said Building 16

17. Alteration/Modification 16

18. Permission to enter for carrying out Interior Works 17

19. Schedule for possession of the Said Space 18

20. Procedure for taking Possession 18

21. Failure of Allottee(s) to take possession 18

22. Delay due to reasons beyond the control of the Company 19

23. Failure to deliver possession due to Government Rules, Orders, Notifications etc 19

24. Failure to deliver possession by the Company: Remedy to Allottee(s) 20

25. Failure to deliver possession: Remedy to the Company 20

26. Failure to commence business 20

27. Events of Defaults and Consequences 21

28. Sub-Lease Deed of the Said Space 22

29. Maintenance of the Said Building/Said complex 22

30. Interest Bearing Maintenance Security (IBMS) 23

31. Payment of deposits & charges for bulk supply of electrical energy 24

32. Fixation of total Maintenance charges 24

33. Payment for replacement, upgradation, additions of Lifts, DG Sets, Electric 25

Pumps, fire Fighting Equipment and other Capital Plants/equipments

34. Right to enter the Said Space for repairs 25

35. Insurance of the Said Building 25

36. Association of Space Owners 25

37. Use of Basement(s) and Service Areas 26

38. Use of Said Space 26

39. Signage 26

40. Use of terraces / kiosks 27

41. General compliance with respect to the Said Space 27

42. Compliance to Terms of Payment and/or other Terms and Conditions 27

43. Transfer of Sub-Lease Hold right, Assignment, Sub-Lease Nomination etc 28

44. Compliance of Laws, Notifications etc by Allottee(s) 28

Sub –stations

45. Alteration of un-leased units 28

46. Right of the company to additional FAR 28

47. Company's right to raise Finance 29

48. This Agreement subordinate to mortgage by the Company 29

49. Company's charge on the Said Space 29

50. Sub-Lease not dependent on financing contingency 29

51. Compliance with the Terms and conditions of the Principal Deed 30

52. Binding Effect 30

53. Entirety of Agreement 30

54. Right to amend Annexures 30

55. Agreement Specific only to Said Space in the Said Building 31

56. Provisions of this Agreement applicable on occupiers / subsequent Allottee 31

57. Waiver not a limitation to enforce 31

58. Severability 31

59. Captions/Headings 31

60. Method of calculation of share wherever referred to in the Agreement 31

61. Force Majeure 31

62. Right to join as affected Party 31

63. Indemnification 32

64. Brokerage 32

65. Further Assurances 32

66. Copies of the Agreement 32

67. Place of Execution 32

68. Notices 32

69. Joint Allottee 33

70. Right to Transfer Ownership 33

71. Laws of India 33

72. Dispute resolution by Arbitration 33

73. Signature & Witnesses 34

74. Annexure I: Location Map 35

75. Annexure I (A): Tentative Layout Plan 36

76. Annexure II: Super Area / Specific Area 37

77. Annexure III: Schedule of Payments 38

78. Annexure IV, Part A: Common Spaces & Circulation Spaces 39

79. Annexure IV, Part B: Service Facilities & Areas 39

80. Annexure IV, Part C: Outside the Building 39

81. Annexure IV, Part D: Parking Space 39

82. Annexure V: Specifications 40

83. Annexure VI: Floor Plans 41

84. Annexure VIA: Tentative Parking Plan 52

85. Annexure VII: Draft Tripartite Maintenance Agreement & Annexures hereto 54

86. Annexure A 63

87. Annexure B: Application for supply of electrical energy 64

88. Annexure C: Schedule of Tariff 70

89. Annexure VIII: Application for becoming a Member of Association 71

90. Annexure IX: Undertaking 72

91. Annexure X: Computation of Escalation Charges 73

X......................................

(Sole/First Applicant)

X......................................

(Third Applicant)

X......................................

(Second Applicant)

1

Please read carefully …………

Important Instructions to the Allottee(s)

Instructions for execution of the Agreement

The Allottee(s) states and confirms that the Company has made the Allottee(s) aware of the availability of the

Agreement (hereinafter defined) on the Website, www.dlf.in and at the head office of the Company. The

Allottee(s) confirms that the Allottee(s) has read and perused the Agreement, containing the detailed terms and

conditions and in addition, the Allottee(s) further confirms to have fully understood the terms and conditions of

the Agreement (including the Company's limitations) and the Allottee(s) is agreeable to perform his obligations

as per the conditions stipulated in the Agreement. Thereafter the Allottee(s) has applied for allotment of the

Said Space in the Said Complex and has requested the Company to allot the Said Space. The Allottee(s)

agrees and confirms to sign the Agreement in entirety and to abide by the terms and conditions of the

Agreement and the terms and conditions, as mentioned herein.

The Allottee(s) will execute two (2) copies of the Agreement for each space to be allotted. The Agreement sets

forth in detail the terms and conditions of the allotment with respect to the Said Space(s). The Allottee(s) agrees

and understands that if the Allottee(s) fails to execute and deliver the Agreement alongwith all annexures in its

original form and all amounts due and payable as per the Payment Plan within thirty (30) days from the date of its

dispatch by the Company, then the Allottee(s) authorizes the Company to cancel the allotment and on such

cancellation, the Allottee(s) consents and authorizes the Company to forfeit the Earnest Money alongwith Non

Refundable Amounts. Thereafter the Allottee(s) shall be left with no right, title or interest whatsoever in the

Said Space.

As the Agreement is a legal document, the Company advises the Allottee(s) to take advice of competent legal

counsel(s)/advocate(s) to interpret the provisions of the Agreement. The Allottee(s) shall, thereafter, if he/they

so decide to enter into the Agreement, execute and deliver to the Company, within thirty (30) daysfromthedateof

dispatch by registered post of Agreement by the Company, all two (2) copies of the Agreement together with all

annexures, draft Maintenance Agreement together with amounts due and payable as set forth in the Payment Plan. If

theAllottee(s) fail(s) toexecuteanddeliver to theCompanytheAgreement in itsoriginal formdulysignedwithinthirty

(30) days from the date of dispatch by registered post of Agreement by the Company, then the application of the

Allottee'sshallbetreatedascancelledandtheEarnestMoneypaidbytheAllotteeshallstandforfeitedwithoutanynoticeor

remindersandtheAllottee(s) shallbe left withnoright whatsoever in theSaid Spacebooked by theAllottee(s).

The Agreement shall not be binding on the Company until executed by the Company through its authorized

signatory. The Company reserves the right to request information as it may so desire concerning the Allottee(s). The

Company will not execute any Agreement wherein the Allottee(s) has made any corrections/ cancellations /

alterations / modifications. The Company also has the right to reject any Agreement executed by any Allottee(s)

without any cause or explanation or without assigning any reasons thereof and the decision of the Company shall be

finaland binding ontheAllottee(s).

The Company reserves the right to request thorough identification, financial and other information as it may so

desire concerning any Allottee(s). The Company shall reject and refuse to execute any Agreement wherein the

Allottee(s) has/have unilaterally made any corrections/ cancellations/ alterations/modifications. The Company

reserves the right to reject any Agreement executed by any Allottee(s) and the decision of the Company shall be

final and binding.

The Allottee(s) confirms to have read and understood the above instructions and the clauses of the Agreement,

its annexures etc. and the Allottee(s) now execute(s) this Agreement and undertake to faithfully abide by all the

terms and conditions of this Agreement.

1. Kindly sign along with joint Allottee's, if any, on all places marked (x) in the Agreement including all

Annexures.

2. Kindly paste at the place provided, colour photographs including that of the joint Allottee(s) and sign across

the photographs.

3. Both of the signed copies of the Agreement with all the annexures in its original form shall be returned to

the Company by registered post (AD)/hand delivery only within the time stipulated.

4. Kindly sign next to the space plans in Annexure- VI as applied by Allottee(s).

5. Witness signatures to be appended only on page ______.

OriginalRs. 50/- Adhesive Stamp


This Space Allotment Agreement to Sub Lease (“ ” made at ---------------------------on this

....................... day of ...................................................... 201…

, a Company registered under the Companies Act, 1956 having its Registered

Office at 3rd Floor, Shopping Mall, Arjun Marg, Phase I, DLF City, (earlier known as DLF Qutab

Enclave Complex) Gurgaon (Haryana) and Head Office at DLF Centre, Sansad Marg, New Delhi-

110001 (hereinafter referred to as the “ ” which expression shall, unless repugnant to the

context or meaning thereof, include its successors and assigns) through its duly Authorised Signatory

Shri/Smt. .................................................................................................................. authorised by Board

resolution dated ....................................................................................................... of the One Part;

M/s................................................................................... a Company registered under the Companies

Act, 1956, having its registered office at. ...................................................................................................

....................................................................... (hereinafter referred to as the ” which

expression shall, unless repugnant to the context or meaning thereof, include its successors and

assigns) of the Other Part (copy of Board Resolution along with a certified copy of Memorandum &

Articles of Association required) acting through its duly Authorised Signatory Shri/Smt.

........................................... authorised by Board resolution dated ....................................... (copy of the

Board resolution must be attached herein) of the Second Part.

*M/s. _________________________________________a partnership firm duly registered under the

Indian Partnership Act 1932, through its partner authorised by resolution dated _____________

Shri/Smt. ________________________________________ (hereinafter referred to as the “ ”

which expression shall unless repugnant to the context or meaning thereof, be deemed to include all

the partners of the partnership firm and their heirs, legal representatives, administrators, executors,

successors and assigns) (copy of the resolution signed by all Partners must be attached herein) of the

Second Part.

1. Shri/Smt ______________________________________________________________________________

Son/Daughter/Wife of Shri _______________________________________________________________

Resident of _____________________________________________________________________________

_______________________________________________________________________________________

2.* Shri/Smt ______________________________________________________________________________


Resident of _____________________________________________________________________________

_______________________________________________________________________________________

(*to be filled up in case of Joint Allottee)

(Hereinafter Singly/Jointly, as the case may be, referred to as the which expression

shall, unless repugnant to the context or meaning thereof, include his/their heirs, executors,

administrators, legal representatives, and successors.)

The Company and the Allottee(s) are called individually as the “ ” or collectively as the “ ”.

AGREEMENT )

BY AND BETWEEN

DLF LIMITED

Company

AND

“Allottee(s)

AND

Allottee(s)

AND

“Allottee(s)”

Party Parties

2

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

WHEREAS:

Principal Deed

IDCO

Said Land

AND WHEREAS

“Said Complex”

AND WHEREAS

Annexure IA

AND WHEREAS

AND WHEREAS

AND WHEREAS

A. A Lease Cum Development Agreement (“ ”) dated 10 November, 2006 was

executed between The Orissa Industrial Infrastructure Development Corporation (“ ”) and

DLF Limited (“Company”) and registered in the office of District Sub-registrar, Khurda,

Bhubaneswar, Book No.2, Volume No. 262, Page No. 232 to 289, Being No. 7970 dated 13.07.2007

in respect of the land measuring about 54 Acres situated at plot bearing No. 01(P), 06(P), 20(P),

Khata No. 474/1607, Village-Patia, Police Station Chandrasekharpur, Tahasil-Bhubaneswar,

District-Khurda, Orissa (“ ”) for a tenure of 70 years for construction of an Mixed Used

Development Project comprising of offices, retail and leisure spaces, accommodations etc.

B. By virtue of Clause 16 of the Principal Deed, the Company is entitled to sub-lease for the

unexpired Term of the Principal Deed.The main terms and conditions of the Principal Deed are as

follows:

I) The Company shall be entitled to grant sub-leases in respect of portions of the built up

Project area in favour of allottees in order to fulfill its obligations pursuant to this Agreement

and to develop, operate and maintain the Project. Provided that all such sub-leases shall be

by way of a Sub-Lease Deed. Provided further that all such Sub-Lease Deeds shall be in

conformity with the terms and conditions of this Agreement and shall include provisions to

the effect that in the event of a conflict (direct or indirect) between the provisions of (i) this

Agreement and (ii) the Sub-Lease Deed on the other, the provisions of this Agreement (as the

case may be) shall prevail and such Sub-Lease Deed shall stand modified to that extent.

II) The aforesaid sub-leases shall not be for a period longer than the Term of this Agreement.

III) The Company agrees, undertakes and covenants with IDCO that it shall, with regard to the

grant of sub-leases in respect of portions of built up Project area, grant sub-leases to allottees

and that it shall ensure that the allottee performs its obligations in accordance with the

respective Sub-Lease Deed and this Agreement (to the extent applicable).

C. pursuant to the permission from Bhubaneswar Development Authority, the

Company has full authority and power to develop the Complex namely “DLF Cyber

City” ( ), market the same and collect money.

D. the Company has declared and the Allottee has accepted that the tentative

layout plan of the Said Portion of Land as is presently annexed hereto as are

approved by Bhubaneswar Development Authority and any change/direction /condition imposed

by Bhubaneswar Development Authority at any stage while modifying the layout plan, shall be

binding on the Allottee, and the Allottee hereby agrees that it shall not be necessary on the part of

the Company to seek consent of the Allottee for the purpose of making any changes in order to

comply with such direction, condition, changes and layout plans of the Said Portion of Land as

may be amended and approved from time to time shall supersede the present layout plan.

E. the Company, as described above, is competent to enter into this Agreement

and the Allottee(s) has/have confirmed after due diligence on his/their part that he/they is/are

satisfied with the competency of the Company to enter into this Agreement.

F. the Allottee vide Application dated _______ applied for allotment of space in

the Said Building in the Said Complex with the right of exclusive use of parking space(s) herein

after defined.

G. the Allottee after investigating various options in other properties available

with other builders and developers in and other places and comparing and analyzing their

documentation to satisfy himself/ themselves and test the transparency and fairness of the

Company, has/have now approached the Company voluntarily and with the intent to take the

th

interalia

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

3

Said Space(s) from the Company on the terms and conditions as set out in this Agreement which

Allottee(s) confirm(s) that Allottee's has/have studied and consulted legal experts on various

clauses and which the Company has confirmed are common for all Allottee(s) in the Said Building

to be constructed on the Said Portion of Land. The Allottee(s) has/have confirmed that he/they

has/have nothing further to add and/or modify in this Agreement.

H. the Allottee has full knowledge that the Said Complex is being erected strictly

for the purpose as specifically allowed by IDCO in the Principal Deed and not for any other

purpose and in conformity with the building rules, other rules, regulations, terms and conditions

of the Bhubaneswar Development Authority (“ ”) and Bhubaneswar Municipal Corporation

(“ ”) in which the Said Space and/or the Parking Space(s) applied for is/are to be located and

the Company has the sole right to decide on the location of the Said Space and/or Parking Space(s)

in the Said Building and Allottee agrees that the dimension, size and location of the Said Space

and/or Parking Space(s), if any, may change and further the Allottee shall not have any objection

to the same in any manner whatsoever.

I. the Allottee(s) has/have demanded from the Company and the Company has

allowed the Allottee(s) an inspection of the sanctioned building plans, tentative location plan,

ownership record of Said Land and all other documents relating to the title, competency and all

other relevant details and the Allottee(s) has/have confirmed that the Allottee(s) is/are fully

satisfied in all respects with regard to the lease hold right, title and interest of the Company and

the right of the Company to construct, develop, market, allot/ sub-lease the Said Space and/or

Parking Space(s) to the Allottee(s) in the Said Building to be constructed within the Said Portion

of Land. and further confirms that he/they has/have understood all the limitations and

obligations of the Company in respect thereof. The Allottee(s) has/have agreed that he/they has/

have completed all his/their investigations and due diligence in this regard and that he/ they

is/are fully satisfied about the competency of the Company to enter into this Agreement.

J. the Allottee(s) acknowledge(s) that the Company has readily provided all the

information and clarifications as required by him/them and that he/they has/have not relied upon

and is/are not influenced by any architect's model plans, sales plans, sale brochures,

advertisements, representations, warranties, statements or estimates of any nature whatsoever

whether written or oral made by the Company or its selling agents/brokers or otherwise including

but not limited to any representations relating to the description of the Said Space, the Said

Building or Said Portion of Land/the Said Land or the size or dimensions of the Said Space or any

other physical characteristics thereof, the services to be provided to the Allottee(s), the estimated

facilities / amenities to be made available to the Allottee(s) or any other data except as specifically

set out in this Agreement and that the Allottee(s) has/have relied solely on his/their own

judgment and investigation in deciding to enter into this Allotment Agreement for Sub lease of

the Said Space and he/they has/have confirmed that no oral or written representations or

statements shall be considered to be a part of this Agreement and that this Agreement is self

contained and complete in itself in all respects.

K. the Allottee(s) has/have confirmed to the Company that he/they is/are entering

into this Agreement with full knowledge of all the laws, rules, regulations, notifications etc.

applicable to the Said Space in general and the Said Land / Said Portion of Land/Said Building(s)

in particular and the terms and conditions as contained in this Agreement and that he/they

has/have clearly understood his/their rights, duties, responsibilities, obligations under each and

all the clauses of this Agreement and also gone through all the terms and conditions set out in this

Agreement, and Principal Deed, mutual rights and obligations and that the Allottee(s) hereby

confirm that Allottee(s) has/have understood and agree(s), after due legal consultations, that

some of the conditions set out in this Agreement though may appear restrictive but are necessary

AND WHEREAS

BDA

BMC

AND WHEREAS

AND WHEREAS

AND WHEREAS

4

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

for the purpose of maintaining the quality, prestige and exclusivity of the Said Complex to provide

the occupants with a sense of pride and identity for their business which is the reason the

Allottee(s) is/are taking on sub lease the Said Space(s) /Said Building as in his/their judgment

he/they has/have come to the conclusion that such exclusivity would enhance the value of

his/their business. The Allottee (s) also confirm(s) that he/they has/have chosen to take on sub-

lease in the Said Space(s)/Said Building after due investigations of all other property options

available with other builders and developers in and around Bhubaneswar in particular and

has/have studied their application and agreement and thereafter he/they find(s) that the Said

Building is suitable for conducting his/their business and that the Company is fair and

transparent in its dealings and documentation and therefore he/they has/have voluntarily

approached the Company for the sub-lease of Said Space(s) in the Said Building.

L. the Allottee understands that IDCO has executed and registered a Lease-cum-

Development Agreement (Principal Deed) dated 10 November 2006 for 54 Acres of land in favour

of the Company for a tenure of 70 (seventy) years for construction of a mixed use development

project comprising of offices, retail and leisure spaces, accommodations etc. with an option to

renew. By virtue of Clause 16 of the Principal Deed, the Company is entitled to Sub-Lease for a

period no longer than the term of the Principal Deed.

M. the Company after relying on the confirmations, representations and

assurances of the Allottee(s) to faithfully abide by all the terms, conditions and stipulations

contained in this Agreement, has accepted in good faith his/their proposal for sub-lease of the Said

Space(s) in bare shell condition and is now willing to enter into this Agreement on the terms and

conditions appearing hereinafter.

In this Agreement, unless repugnant or contrary to the context hereof, the following terms, when

capitalized, shall have the meanings assigned herein when used in this Agreement. When not

capitalized, such words shall be attributed their ordinary meaning.

means the person(s) who is/are entering into this Agreement with the Company for the

Said Space allotted to the Allottee(s) and who has/have signed and executed this Agreement.

shall mean whole of application form dated including all annexures,

schedules and terms and conditions for allotment of the Said Space in the Said Building by virtue of

which the Allottee(s) has applied for allotment of the Said Space.

shall mean this Space Allotment Agreement including all annexures, recitals,

schedules and terms and conditions for the allotment of Said Space in the Said Building, executed by

the Allottee(s) and Company.

shall mean DLF Limited, having its registered office at 3 Floor, Shopping Mall, Arjun

Marg, DLF City, Phase-I, Gurgaon, Haryana and Head Office at DLF Centre, Sansad Marg, New

Delhi-110001.

means such common areas and facilities within the Said Portion of

Land Complex earmarked for common use of all Allottees, limited to and precisely listed in Annexure-

IV of this Agreement.

means the charges for development levied/leviable on the Said

Building/Said Portion of Land, if any, by the state government or any other competent authority(ies)

AND WHEREAS

AND WHEREAS

NOW, THEREFORE, THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED AND

DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Definitions

“Allottee(s)”

“Application”

“Agreement”

“Company”

“Common Areas & Facilities”

“Development Charges (DC)”

th

rd

______________

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

5

and also includes any increase in such development charges, by whatever name called or in whatever

form and with all such conditions imposed by the state government or any other Competent

Authority(ies).

shall mean an amount equal to twenty percent (20%) of the Total Consideration.

means any event or combination of events or circumstances beyond the control of

the Company which cannot (a) by the exercise of reasonable diligence, or (b) despite the adoption of

reasonable precaution and/or alternative measures, be prevented, or caused to be prevented, and

which adversely affects the Company's ability to perform its obligations under this Agreement, which

shall include but not be limited to:

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

(b) explosions or accidents, air crashes and shipwrecks;

(c) strikes or lock outs, industrial dispute, actions of labour unions;

(d) non-availability of cement, steel, water supply or electric power back-up or other

construction/building material due to strikes of manufacturers, suppliers, transporters or

other intermediaries or due to any reason whatsoever;

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

(f) the promulgation of or amendment in any law, rule or regulation or the issuance of any

injunction, court order or direction from any Governmental Authority that prevents or

restricts the Company from complying with any or all the terms and conditions as agreed in

this Agreement;

(g) any legislation, order or rule or regulation made or issued by the Governmental Authority or

if any Governmental Authority(ies) refuses, delays, withholds, denies the grant of necessary

approvals for the Said Land/ Said Building or if any matters, issues relating to such

approvals, permissions, notices, notifications by the Governmental Authority(ies) become

subject matter of any suit / writ before a competent court or; for any reason whatsoever;

(h) any event or circumstances analogous to the foregoing.

(i) non-procurement of any approval from any Governmental Authority or imposition of any

adverse condition or obligation in any approvals from any Governmental Authority,

including delay in issuance of the occupation certificate or any other permission that may be

required by the Company to fulfill its obligations under this Agreement.

(j) any event or circumstances analogous to the foregoing.

or shall mean any government

authority, statutory authority, competent authority, government department, agency, commission, board,

tribunal or court or other law, rule or regulation making entity having or purporting to have jurisdiction on

behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or

other subdivision thereof, and any other municipal/ local authority having jurisdiction over the

Said Land/Said Portion of Land on which the Said Complex/ Said Building is situated.

shall have the meaning ascribed to in clause 1.9 of this Agreement

means the interest bearing maintenance security for the maintenance and upkeep of the Said

Building to be paid as per the payment plan to the Company or the Maintenance Agency @ Rs.

1076.40/- per sq. mtr. (Rs.100/- per sq. ft. (Rs. One Hundred only) of the Super Area of the Said Space,

carrying a simple yearly interest as per the applicable rates on fixed deposits accepted by the State

Bank of India or the prime lending rate of State Bank of India of a term for one year, whichever is lower

“Earnest Money”

"Force Majeure"

“Governmental Authority” “Governmental Authorities”

“Government Charges”

“IBMS”

at the close of each financial year on 31 March.st

6

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

“Maintenance Agency”

“Maintenance Agreement”

Annexure VII

“Maintenance Charges”

“Non Refundable Amounts”

“Parking Space(s)”

Annexure VI A

“Person”

Principal Deed”

Sub-Lease Deed”

“Said Building”

“Said Portion of Land”

“Said Space”

“Said Complex”

“Said Land”

“Super Area” Annexure II

“Taxes and Cesses”

means the Person who shall carry out the maintenance and upkeep of the

Said Building/Said Complex and who shall be responsible for providing the maintenance services

within the Said Building/Said Complex, to whom the Company may hand over the maintenance of the

Said Building/Said Complex.

shall mean maintenance agreement to be executed by the Allottee with

the Maintenance Agency which shall be substantially in the form annexed as of this

Agreement.

shall mean the charges payable by the Allottee(s) to the Maintenance

Agency for the maintenance services including but not limited to charges for insurance of the Said

Building/Said Complex, including Common Areas & Facilities but does not include: (a) the charges for

actual consumption of utilities in the Said Space including but not limited to electricity, water, which

shall be charged based on actual consumption on monthly basis and (b) any statutory payments, taxes

with regard to the Said Space/Said Building/ Said Complex. The details of Maintenance Charges shall

be more elaborately described in the Maintenance Agreement.

means interest paid or due on delayed payments, brokerage, etc.

means the exclusive right of the Allottee to use the parking space(s) No.________

and ________ for parking the cars as described in the parking plan as given in of the

this Agreement.

means any individual, sole proprietorship, unincorporated association, body corporate,

corporation, joint venture, trust, any Governmental Authority or any other entity or organization.

“ means the Lease Cum Development Agreement dated 10 November 2006 entered

into between IDCO and the Company.

“ means the sub-lease to be executed and registered by and between the Parties in

terms of the Principal Deed for transferring sub-lease hold rights in the Said Space to the Allottee.

means the building to be constructed on the Said Portion of Land in which the Said

Space may be located.

means the land admeasuring approx 4.45 acres or thereabout which is part

of the Said Land on which the Said Building and allied services are being developed by the Company.

means the specific space applied for by the Allottee in the Said Building, details of

which have been set out in this Agreement and includes any alternative space in lieu thereof.

means the DLF Cybercity at Chandaka Industrial Estate, Chandrasekharpur,

Bhubaneshwar, Odisha, comprising spaces/built-up area as per the building plans to be approved by

the Competent Authority or any subsequent revised building plan usable for activities such as

commercial offices, retail, accomodations etc as may be approved by the Competent Authority.

means the Leased Land admeasuring 54.00 acres situated at plot bearing No. 01(P),

06(P), 20(P) Khata No. 474/1607 Village – Patia, PS – Chandrasekharpur, Tahasil – Bhubaneswar,

District – Khurda, Orissa.

shall have the meaning ascribed to it in

shall mean any and all taxes payable by the Company and/or its contractors

(including sub-contractors), suppliers, consultants, etc. by way of value added tax, state sales tax,

central sales tax, works contract tax, service tax, cess including but not limited to educational cess,

worker's welfare cess or any other taxes, charges, levies by whatever name called, in connection with

the construction of the Said Space, now or in future.

th

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

7

“ ” shall mean the unexpired term of the Principal Deed, and include any renewed/ extension

thereof consistent with the terms of this Agreement.

“ means the amount payable for grant of rights on sub-lease basis of the Said

Space and the charges for exclusive use Parking Space(s) which includes basic consideration, but does

not include other amounts, charges, security amount etc. which are payable as and when demanded by

the Company in accordance with the terms of the Agreement including but not limited to –

(i) IBMS;

(ii) Stamp Duty, registration and incidental charges as well as expenses for execution of the Sub-

Lease Deed;

(iii) additional parking space(s), if any, allotted to the Allottee(s);

(iv) Taxes and Cesses;

(v) Maintenance Charges, property tax, municipal tax related to said Space / the Said Building;

(vi) DC and additional DC;

(vii) Wealth tax, government rates, tax on land, fees of all and any kind by whatever name called

on the Said Complex/Said Building;

(viii)Cost of deposits and charges for bulk supply of electric energy

(ix) Cost and charges of electric and water meter etc.;

(x) Ground rent;

(xi) Cost for providing power back up including equipments, DG set, cabling, installation etc.;

(xii) Any other charges/tax/cess/levies etc. that may be payable by Allottee as per the Sub-Lease

Deed on demand by the Company;

Escalation Charges.

Which amounts shall be payable by the Allottee in accordance with the terms and conditions of this

Agreement and as per the demand raised by the Company from time to time.

Unless the context otherwise requires in this Agreement:

a. the use of words importing the singular shall include plural and masculine shall include

feminine gender and vice versa;

b. reference to any law shall include such law as from time to time enacted, amended,

supplemented or re-enacted;

c. reference to the words “include” or “including” shall be construed without limitation;

d. reference to this Agreement, or any other agreement, deed or other instrument or document

shall be construed as a reference to this Agreement or such agreement, deed or other

instrument or document as the same may from time to time be amended, varied,

supplemented or novated.

e. wherever in this Agreement, it is explicitly mentioned that the Allottee(s) has understood or

acknowledged obligations of the Allottee(s) or the rights of the Company, the Allottee(s) has

given consent to the actions of the Company or the Allottee(s) has acknowledged that the

Allottee(s) has no right of whatsoever nature, the Allottee(s) in furtherance of the same, shall

do all such acts, deeds or things, as the Company may deem necessary and/or execute such

documents/deeds in favour of the Company at the first request without any protest or demur.

Term

Total Consideration”

Interpretation

1 TOTAL CONSIDERATION PAYABLE FOR THE SAID SPACE

(xiii)

1.1 In accordance with and subject to the terms and conditions set out in this Agreement, the

Company hereby agrees to sub lease the Said Space to the Allottee(s) and the Allottee(s) hereby

agreestoacceptthesub-leaseoftheSaidSpaceintheSaidBuildingasperdetailsmentionedbelow:

8

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Said Space No. _____________ Floor _____________ Block _____________

Specific area: _____________ Sq. mtrs. (_____________ sq. ft. approx.)

Super Area: _____________Sq. mtrs. (_____________ sq. ft. approx.)

Rate @ Rs. _____________ per sq. mtr. (Rs._____________ per sq. ft. approx.) of the Super Area

Basic Sale Price: Rs._____________/- (Rupees____________________________________________________ only)

Parking Space No. _____________ & _____________ Charges for exclusive right to use the Parking

Space(s): Rs._____________/- (Rupees ____________________________________________________ only)

Total consideration payable for exclusive right to use Parking Space(s) and the Said Space:

Rs._________________/- (Rupees ____________________________________________________ only)

1.2 The Allottee(s) understands and agrees to pay, due to increase in Super Area (as explained in

Clause 1.4 (ii)), increase in Govt. charges (as explained in Clause 1.9), increases on account of

additional fire safety measures undertaken (as explained in Clause 1.10), increase in all types of

securities to be paid by the Allottee(s), deposits and charges and all other increase in cost/charges,

specifically provided for in this Agreement and/ or any other charges which may be levied or

imposed by the Governmental Authority / statutory authorities from time to time which may be

applicable to the Said Building and to the Said Portion of Land in particular.

1.3 The Allottee(s) shall make the payment of the Total Consideration as per the payment plan opted

by the Allottee(s) as set out in Payment Plan ( to this Agreement) along with all

other charges, Taxes and Cesess, securities, deposits, etc. any increase thereof, as mentioned in

this Agreement as and when demanded by the Company.

1.4 (i) It is made clear by the Company to the Allottee(s) that the Total Consideration for grant of

rights on sub-lease basis of the Said Space shall be calculated on the basis of its Super Area

(as per the definition of Super Area given in and that the Super Area as stated

in this Agreement is tentative and is subject to change till the construction of the Said

Building is complete. The final Super Area of the Said Space will be confirmed by the

Company only after the construction of the Said Building is complete and the occupation

certificate is granted by the Competent Authority(ies). The Total Consideration and

government charges payable for the Said Space shall be recalculated upon confirmation by

the Company of the final Super Area of the Said Space and any increase or reduction in the

Super Area of the Said Space shall be payable or decreased, as the case may be, without any

interest, at the same rate when it was booked irrespective of any rebates allowed/payment

plan opted for.

(ii) Any increase or decrease in the final Super Area determined by the Company after

completion of the Said Building and receipt of the occupation certificate from the Competent

Authority shall be documented accordingly and intimated by the Company within fifteen

(15) days of such determination. Upon such intimation by the Company, the differential

amount @ Rs._________________/- per sq. mtr. (Rs._________________ per sq. ft. approx.) of

the differential Super Area shall be payable by the Allottee(s) / refundable by the Company

within 15 days of such intimation subject to and after the Allottee (s) has made all payments

as provided in the Payment Plan attached as - . If there is a decrease in the

Super Area, then the refundable amount due to the Allottee shall be adjusted by the

Company from the final installment as set forth in the Payment Plan in .

The final Total Consideration payable for the Said Space shall be calculated upon

confirmation by the Company of the final Super Area of the Said Space.

(iii) The Super Area and the specific area shall be subject to change till the construction of the

Said Building is complete and receipt of occupationcertificate from theCompetent Authority.

Annexure- III

Annexure II)

Annexure III

Annexure- III

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

9

The computation of super area which is more clearly described by the Company in

which forms part of this Agreement) is hereby accepted by the Allottee(s). The

Allottee(s) confirm(s) that he/they has/have read, understood and agree(s) to this definition

and that the Allottee(s) has/have no objection to the same and the Allottee(s) has/have

assured the Company that after having agreed to the definition of Super Area given in

as the basis for the sub-lease and payment of Total Consideration of the Said

Space, the Allottee (s) shall not raise any dispute or make any claims etc. at a later date in

this regard.

1.5 The Allottee(s) agrees and understands that in addition to Total Consideration, the Allottee(s)

shall be liable to pay all Taxes and Cesses, which shall be charged and paid as follows:

a) A sum equivalent to the proportionate share of all applicable Taxes and Cesses shall be paid

by the Allottee(s) to the Company. The proportionate share shall be the ratio of the Super

Area of the Said Space to the total Super Area of all the spaces, other buildings etc. in the Said

Complex.

b) The Company shall periodically intimate the Allottee(s), on the basis of certificates from a

chartered engineer and/or a chartered accountant, the amount payable as stated above,

which shall be final and binding on the Allottee(s) and the Allottee(s) shall make payment of

such amount within thirty (30) days of such intimation.

1.6 The Allottee(s) agrees that any payment towards DC levied/leviable or any increase thereof by

the Government or any other Governmental Authority(ies) shall be paid by the Allottee(s) and

any further increase in DC, by whatever name called or in whatever form and with all such

conditions imposed, by the Government and/or any Governmental Authority(ies) shall be paid by the

Allottee(s).. The Company makes it clear that if it is required to pay such levies, DC, interest and

other charge etc. in such prospective/ retrospective manner from the date of the grant of the

occupation certificate then the Company shall demand, and the Allottee(s) undertake(s) to pay the

same. The pro-rata demand made by the Company to the Allottee(s) with regard to DC, increase in

DC shall be final and binding on the Allottee(s). If the DC or the increased DC is not paid, then the

non-payment of such charges shall be treated as unpaid Total Consideration as per the

Application/Agreement and the Company shall be entitled to cancel the Agreement and forfeit the

Earnest Money along with the Non Refundable Amounts and the balance amount, if any, shall be

refunded to the Allottee(s) without any interest upon realisation of money from re-allotment to any

other party. If the DC and/or increased DC is levied (including with retrospective effect) after the

Sub-Lease Deed has been executed, the Allottee(s) agrees and undertakes to pay the same on

demand by the Company and if the demanded charges are not paid, then the same shall also be

treated as unpaid Total Consideration of the Said Space/ Parking Space(s) and the Company in

addition to other remedies under law for recovery for unpaid charges shall also have the first charge

and lienover theSaid Space/Parking Space(s) till suchunpaid chargesarepaid by theAllottee(s).

1.7(a) Subject to the terms and conditions of this Agreement and upon execution of Sub-Lease Deed in

respect of the Said Space the Allottee(s) shall have the following rights with regard to the Said

Space:

i) The leasehold rights in respect of the Said Space as per terms and conditions of Principal

Deed;

ii) to use the Common Areas and Facilities within/outside the Said Building (common areas and

facilities are as defined in The Allottee(s) shall use the

Common Areas & Facilities within the Said Building harmoniously along with other occupants,

maintenance staff etc., without causing any inconvenience or hindrance to them. Further, it is

clearly understood and agreed by the Allottee(s) that even if the Common Areas & Facilities

within the Said Building are included in the computation of Super Area, the right of

Annexure II (

Annexure II

,

Part A and B of Annexure IV.

10

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

the Allottee(s) to use the Common Areas & Facilities shall always be subject to the timely

payment of Maintenance Charges.

iii) The exclusive right to use the Parking Space(s) (without any ownership right) for parking of

vehicles only and for no other use whatsoever (as listed in ). The

Allottee(s) hereby acknowledges that the Said Space along with Parking Space(s) will be

treated as a single indivisible unit for all purposes and, as such, cannot be transferred

separately. The Allottee(s) agrees that the Allottee(s) shall not have any claim, right or

interest whatsoever in respect of any other parking space(s) save and except the Parking

Space(s). The Company shall have sole right to deal with or dispose of other parking space(s)

in the Said Complex in the manner in which the Company may deem fit.

iv) right to only use the general common areas and facilities within the Said Portion of Land

limited to and precisely listed in of this Agreement, which may be

within or outside the Foot Print earmarked by the Company as commonly used areas by all

allottees of all the buildings constructed on the Said Portion of Land. The identification by

the Company of such areas shall be final and binding on the Allottee(s). However, such

general commonly used areas and facilities earmarked for common use of all the allottees

shall not include the exclusive reserved parking spaces/stilts/open parking and in basements

individually allotted to the allottees for their exclusive use. The Allottee(s) acknowledges

that these general common areas and facilities have not been included in the computation of

Super Area of the Said Space. However, such general common areas and facilities earmarked

for common use of all occupants shall not include the exclusive use of covered car parking

space(s) in basements/ stilts/ podium/ proposed multi level car parking (MLCP) if provided and

open parking spaces, if individually allotted to the respective occupants for their use. Further it

is made clear that the portions earmarked by the Company on the surface or stilts/ basement/

podium/ proposed MLCP if provided of the Said Land/Said Portion of Land for its own use shall

absolutely vest with the Company and the Company shall have absolute discretion to use such

earmarked portions as “Pay & Park” for visitors to the Said Building to park their cars or allot it

toany otherAllottee (s) for consideration that may bemutually agreed.

1.7(b)(i) The Allottee acknowledges and confirms that the Allottee has not paid any amount towards

any other lands, areas, facilities and amenities and as such, the Allottee shall have no right or

interest of any nature whatsoever in the same and the same are specifically excluded from

the scope of this Agreement or in the computation of the Super Area for calculating the Total

Consideration and therefore, the Allottee has not paid any money for use of such land, areas,

facilities and amenities. The Allottee acknowledges that the ownership/leasehold rights of

such land, areas, facilities and amenities shall vest solely with the Company and/or its

associate companies, its subsidiaries and they alone shall have sole right and absolute

authority to deal with the same including their usage and manner/ method of use, disposal

etc., creation of rights in favour of any other Person by way of sale, transfer, lease, joint

venture, collaboration or any other mode including transfer to government, semi-

government, any other person.

(ii) The Allottee(s) has confirmed that the Total Consideration and other charges and dues

mentioned in this Agreement do not include any payment whatsoever for any land, building,

common areas, facilities and amenities falling outside the Said Space/Said Building/Said

Portion of Land if any acquired by the Company and that the Company has not

indicated/promised/represented given any impression of any kind in an explicit or implicit

manner whatsoever that the Allottee shall have any right, title, interest of any kind

whatsoever in any land, building, common area, facilities and amenities falling outside Said

Space/ Said Building/ Said Portion of Land. The Allottee understands and confirms that the

Company may carry extensivedevelopment/constructionactivities formany years in future in

Part D of Annexure – IV

Part C of Annexure-IV

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

11

the entire area falling outside the Said Portion of Land in which the Said Space and/or

parking space(s) may be located and the Allottee shall not have any right to object or make

any claim or default in any payments as demanded by the Company on account of

inconvenience, if any, which may be suffered by the Allottee due to such

development/construction activities or incidental/ related activities.

(iii) All land(s) falling outside the periphery of the Said Portion of Land are clearly outside the

scope of this Agreement and the Allottee shall have no ownership rights, no right to use, no

title no interest of any kind or manner whatsoever in such lands falling outside the periphery

of the Said Portion of Land.

1.8

The Allottee(s) agrees and understands that the Parking Space(s) are allotted to him/them for

his/their exclusive use and not on an ownership basis. Any additional parking space(s), if required

by the Allottee(s) for exclusive use, would be charged at the then prevalent rate for use of each

Parking Space and will be offered subject to availability. The Allottee(s) agree(s) that all such

Parking Space(s) allotted for exclusive use shall not form a part of common areas for common use

within the Said Building. As the Parking Space(s) for exclusive use is an integral amenity of the

Said Space, the Said Space along with Parking Space(s) shall form one single indivisible unit.

The Allottee(s) undertakes not to sell/sub let/assign/transfer/deal with the allotted Parking

Space(s) independent of the Said Space and Parking Space(s) and the Said Space shall be treated

as one indivisible single unit for all purposes.

1.9

While calculating the Total Consideration of the Said Space and said Parking Space(s), the

Company has not taken into account levies, cess, and charges of any kind levied by the central or

state government or any local body (hereinafter collectively referred to as the “

”) for the purposes of this Agreement. These are to be paid in addition to the Total

Consideration and are detailed in the Payment Plan attached as The Government

Charges will be demanded by the Company and payable by the Allottee(s) as and when they

become due and demanded by the Government.

Apart from the above demand as stated, for the sake of clarity, it is emphasized and understood by

the Allottee(s) that there could be future increases (including with retrospective effect) in

Government Charges and the same shall be charged to the Allottee and the Allottee(s) agree(s) to

be liable and pay all such future increases on demand by the Company. The Allottee(s) has/have

agreed that having understood this position the Allottee(s) will not default on the payment of such

prospective/retrospective increases in Government Charges as and when demanded by the

Company. The Allottee(s) specifically recognizes that such demand will constitute unpaid Total

Consideration and agree(s) that even if such levies are demanded by the Company after the Sub-

Lease Deed is executed in favour of the Allottee(s), the Company shall have lien on the Said Space

to the extent of such unpaid Total Consideration and the Allottee(s) hereby confirm(s) that the

Allottee(s) would not object and agree(s) to cooperate if the Company resumes the possession and

sub-lease hold of the Said Space or resorts to other legal remedies to recover such unpaid Total

Consideration upon the Allottee(s) defaulting on such payment.

1.10 The Total Consideration mentioned in this Agreement is inclusive of the cost of providing electric

wiring and fire fighting equipment (as prescribed in the existing fire fighting code/ regulations) in

the common areas only and power will be provided not exceeding 53.82 VA/sq. mtr. (i.e. approx 5

VA/sq. ft .) of specific area. Any additional load required can be provided at extra cost @

Rs.11,000/- per KVA interest free non-refundable deposit or as may be applicable for additional

load requirement which will have to be borne by the Allottee. Any additional infrastructure cost

required for supply of the additional power from the source of power to the electrical tap-off box on

Parking Space(s)

Government Charges and Taxes

Government

Charges

Annexure III.

12

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

the floor shall be borne by the Allottee at cost + 20% (twenty percent) basis separately. The AHU

units will be located on each unit with chilled water connection, at a location as may be decided by

the Company in its sole discretion, however it is made clear and understood by the Allottee(s) that

all air-conditioning distribution within the Said Space including plenum, fire damper, ducting,

grills etc., shall be installed by the Allottee(s) at his/their cost and expenses. The Total

Consideration of the Said Space does not include the cost of electric fittings, fixtures, electric and

water AHU, BTU meters etc. which shall be installed by the Allottee(s) at his/their own cost or if

installed by the Company/ its affiliates/its associates, then the Allottee(s) undertake(s) to pay the

charges as demanded by the Company. If, however, due to any subsequent legislation/

Government order or directives or guidelines or if deemed necessary by the Company or any of its

nominees, additional fire safety measures are undertaken, then the Allottee(s) agree(s) to pay the

additional expenditure incurred thereon on a pro rata basis along with other space owners as

determined by the Company/ its affiliates/its associates in its absolute discretion.

1.11 The Allottee(s) agrees and understands that the price of the Said Space is based on the

approximate price of materials and labour charges pertaining thereto on and around 31st day of

July 2013. If, however, during the progress of construction upto the month of application of

occupation certificate by the Company or the expiry of 18(eighteen) months from the above

mentioned date, whichever is earlier, there is an increase/ decrease in the price of the materials

used in the construction work and /or labour charges (hereinafter collectively referred to as

Escalation Charges), the same shall be recoverable from/ payable to the Allottee(s)

In order to ensure a fair and transparent methodology for computation of Escalation Charges, the

Company shall take the respective Reserve Bank of India (RBI) Indexes as published in the RBI

Monthly Bulletin for steel, cement, fuel & power, other building construction material and labour

as the basis of such computation and the Allottee(s) agrees and accepts, that by choosing these

independent RBI Indexes, the Company is ensuring the highest level of fairness and

transparency. The respective RBI Indexes for the computation of the Escalation Charges in the

cost of construction and labour cost are as below:-

Steel - Index published as Steel - Long in the category of Basic Metals, Alloys & Metal Products.

Cement – Index published as Cement & Lime in the category of Non-Metallic Mineral Products.

Fuel & Power- Index published as Fuel & Power

Other Building Construction materials – Index published as All Commodities in the Index

Numbers of Wholesale Prices in India.

Labour – Index published as Consumer Price Index Numbers for Industrial Workers.

It is mutually agreed and binding between the Allottee(s) and the Company that 25% of the basic

sale price of the Said Space, shall be treated as construction cost yet to be incurred as on 31st day

of July 2013. It is further mutually agreed that within the above stated construction cost yet to be

incurred, the components of steel, cement, other construction materials, fuel and power and

labour shall be 1%, 3%, 70%, 1% and 25% respectively of the construction cost yet to be incurred.

Escalation charges shall be computed on the date of application of occupation certificate or in

January, 2015, whichever is earlier. The RBI indexes for the month of August, 2013 and for the

month January, 2015 or the month of application of occupation certificate, whichever is earlier

shall be taken as the opening and closing indexes respectively to compute the Escalation Charges.

The Company shall appoint a reputed firm of Chartered Accountants to independently audit and

verify the computation of escalation charges done by the Company from time to time.

Such audited and verified Escalation Charges shall be paid/refunded (or adjusted), as the case

may be, by/to the Allottee(s) before the offer of possession of the Said Space to the Allottee.

Escalation Charges, as intimated to the Allottee(s) shall be final and binding on the Allottee(s)

�

�

�

�

�

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

13

The Allottee(s) agrees and understands that any default in payment of the Escalation Charges

shall be deemed to be a breach under the terms and conditions of the Agreement. No possession

shall be handed over to the Allottee(s) unless Escalation Charges are paid in full along with

interest on delayed payment, if any,

An example enclosed herewith as illustrates the computation of Escalation

Charges.

The Allottee(s) agree(s) to pay directly or if paid by the Company then reimburse the Company on

demand, Government Charges, Taxes and Cesses, ground rent /additional ground rent if any,

property taxes, vacant land tax, wealth tax, service tax, education cess, work contract tax/VAT

and taxes of all and any kind by whatever name called, whether levied or leviable now or in future

on the Said Building(s) constructed on the Said Portion of Land or the Said Space, as the case may

be, as assessable/applicable from the date of this Agreement by the Allottee(s) and the same shall be

borne and paid by the Allottee(s) in proportion to the Super Area of the Said Space(s) to the Super

Area of all the spaces in the Said Building as determined by the Company. However it is made clear

that the service tax will be charged on all payments including charges for exclusive use of Parking

Space(s) and any other payment(s) made by the Allottee(s) towards the Said Space as may be

provided in theservice tax lawincluding itsamendmentsasmay be in force from timeto time.

Further the Allottee(s) shall be liable to pay from the date of Application house-tax/property-tax,

fire fighting tax, service tax or any other fee or cess as and when levied by a local body,

municipality or any competent authority(ies) and so long as the Said Space of the Allottee(s) is/are

not separately assessed to such taxes, fee or cess, the same shall be paid by the Allottee(s) in

proportion to the Super Area of the Said Space to the total Super Area of all the space in the Said

Building as determined by the Company. These taxes, fees, cesses etc. shall be paid by the

Allottee(s) irrespective of the fact whether the maintenance is carried out by the Company or its

nominee or any other body or association of all or some of the space Allottees.

That the Allottee(s) has paid a sum of Rs................... (Rupees ........................................ only) as

part payment towards the Total Consideration of the Said Space, the receipt of which has

previously been duly acknowledged by the Company. The Allottee(s) hereby undertakes to pay

the balance Total Consideration of the Said Space(s) and the Parking Space(s) as set out in

Payment Plan ( ) which is attached as a part of this Agreement along with all other

charges, securities etc. as may be demanded by the Company within the time and in the manner

specified in this Agreement.

The Allottee hereby agree(s) that twenty percent (20%) of the Total Consideration shall be treated

as Earnest Money for due performance of this Agreement. The Allottee(s) hereby authorizes the

Company to forfeit the Earnest Money, Non Refundable Amounts, service tax and any other

levies, charges, cesses, and such other deductible amounts including but not limited to outgoings

pending maintenance dues etc. from the total amount received from the Allottee(s) in case of non-

fulfillment of the terms and conditions contained in this Agreement including failure by the

Allottee(s) to sign and return to the Company the Agreement within thirty (30) days from the date

of its dispatch by the Company. If the total amount received from the Allottee(s) falls short of the

deductions to be made by the Company, then the Allottee(s) hereby agree(s) that he/they shall

deposit thebalanceamount due immediately uponreceiving a noticeofdemand from theCompany.

The Allottee(s) agrees that the conditions for forfeiture of Earnest Money shall remain valid and

Annexure-X

2. Payment for taxes, wealth-tax, cesses by Allottee(s)

3. Amounts paid by the Allottee(s) with the Application

Annexure-III

4. Earnest Money

14

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X......................................

(Third Applicant)

X......................................

(Second Applicant)

effective till the execution and registration of Sub-Lease of the Said Space(s) and that the

Allottee(s) hereby authorises the Company to effect such forfeiture without any notice to the

Allottee(s). Allottee(s) to indicate his/her commitment to faithfully abide by all the terms and

conditions contained in this Agreement.

In the event the total Earnest Money paid by the Allottee(s) falls short of the total Earnest Money

to be paid as stipulated in the Application and this Agreement, then in that event, upon forfeiture,

the Allottee(s) hereby undertakes to be liable and to pay to the Company the balance portion of

the Earnest Money due from the Allottee(s) forthwith upon receiving a written demand notice

from the Company

That the Allottee(s) shall make all payments in time without any reminders from the Company as

given in the Payment Plan as given in - annexed to this Agreement and as may be

demanded by the Company from time to time by an A/c Payee local Cheque(s)/Demand Draft(s) in

favour of 'M/s DLF Limited' payable at par. The Allottee(s) agrees that the payment of the balance

Consideration or any other charges within the time period as stipulated herein is the essence of

the contract.

It is abundantly made clear that in respect of all remittances for allotment of the Said Space it

shall be the sole responsibility of non resident/foreign national of Indian origin to comply with the

provisions of Foreign Exchange Management Act, 1999 (“ ”) or statutory enactments or

amendments thereof and the rules and regulations of the Reserve Bank of India or any other

applicable law and provide the Company with such permissions, approvals which would enable the

Company to fulfill its obligations under this Agreement. Any refund, transfer of security if provided

in terms of this Agreement shall be calculated and made in Indian Rupees only and in accordance

with the provisions of FEMA or statutory enactments or amendments thereof and the rules and

regulations of the Reserve Bank of India or any other Applicable Law. The Allottee(s) understand(s)

and agree(s) that in the event of any failure on Allottee(s) part to comply with the prevailing foreign

exchange control guidelines issued by the Reserve Bank of India, Allottee(s) alone shall be liable for

any action under FEMA as amended from time to time. The Allottee(s) shall keep the Company fully

indemnified and harmless in this regard and the Company accepts no responsibility in this regard.

Whenever there is any change in the residential status of the Allottee(s) subsequent to the signing of

this Agreement, it shall be the sole responsibility of the Allottee(s) to intimate the same in writing to

the Company immediately and comply with necessary formalities, if any, under the Applicable Law.

The Company shall not be responsible towards any third party making payment / remittances on

behalf of any Allottee(s) and such third party shall not have any right under this

Agreement/allotment of the Said Space allotted herein in any way and the Company shall be issuing

thepayment receipts in favourof theAllottee(s) only.

The Allottee (s) authorise(s) the Company to adjust/appropriate all payments made by him/them

under any head(s) of dues against outstanding, if any, in his/their name as the Company may in

its sole discretion deem fit and the Allottee(s) undertake(s) not to object/demand/direct the

Company to adjust his/their payments in any manner otherwise than as decided by the Company.

The Allottee agrees that timely payment of the Total Consideration and other amounts payable

by the Allottee(s) as per this Agreement and the payment plan accepted by the Allottee(s) or as

demanded by the Company from time to time (in accordance with the Payment Plan as given in

along with other payments as may be stipulated under this Agreement) is the

5. Mode of Payment

Annexure III

6. Compliance of Law related to Remittances

FEMA

7. Adjustment/Appropriation of Payments

8. Time is the Essence

Annexure- III

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

15

essence of this Agreement as the case may be and also to perform or observe all the other

obligations of the Allottee(s) under this Agreement. It is clearly agreed and understood by the

Allottee(s) that it shall not be obligatory on the part of the Company to send demand notices /

reminders regarding the payments to be made by the Allottee(s) as per Payment Plan (

) or obligations to be performed by Allottee(s). The Company may, at its sole option and

discretion, without prejudice to its rights as set out in Clauses 4 and 13 of this Agreement, waive

the breach by the Allottee(s) in not making payments as per the Payment Plan given in

but on the condition that the Allottee(s) shall pay to the Company interest which

shall be charged for the first ninety (90) days after the due date @ 15 % per annum and for all

periods of delay exceeding first ninety (90) days after the due date an additional penal interest @

3% per annum (total interest @ 18% per annum only). It is made clear and so agreed by the

Allottee(s) that exercise of discretion by the Company in the case of one Allottee(s) shall not be

construed to be a precedent and/or binding on the Company to exercise such discretion in the case

of other Allottee(s).

The Allottee(s) has/have seen and accepted the Payment Plan, (as given in )

tentative space plans/tentative floor plan/tentative layout plan(s)/ tentative parking plan (as

given in ), tentative specifications of Said Space (as given in which

are subject to change at the sole option and discretion of the Company and the Allottee(s) has/have

accepted and consented to this condition. The construction of the Said Building and the Said

Space including the materials, equipments, plants and fixtures to be installed therein shall

substantially be in accordance with the specifications as given in subject to the right

of the Company to amend the specifications in order to substitute materials, plants and

equipment or fixtures of similar quality or subject to any direction from Competent Authority(ies)

or due to Force Majeure conditions or reasons beyond control of the Company and the Allottee(s)

hereby agree(s) to this condition. The Allottee(s) has/have further authorised the Company to

carry out, on his/their behalf, such additions, alterations, deletions and modifications in the

sanctioned building plans, sanctioned floor plans, space plans, change in specifications etc.

including the number of space/floor as the Company may consider necessary or as directed by any

Competent Authority(ies) while sanctioning the building/layout plans or at any time thereafter

till the grant of an occupation certificate.

The issuance of the occupation certificate for the Said Building shall be the conclusive evidence

that the Said Building and the Said Space have been fully completed in accordance with the plans

and specifications as annexed to this Agreement or any modifications thereof and the Allottee(s)

agree(s) that upon issue of occupation certificate he / they shall not make any claim against the

Company in respect of any item of work in the Said Space which may be alleged not to have been

carried out or completed or in respect of any design, specifications, building materials used or for

any other reason whatsoever. A copy of the space plans, sanctioned floor plans, sanctioned

parking plans is attached to this Agreement.

The Allottee(s) has/have seen and accepted the sanctioned plans, designs, specifications which

are tentative as the Company may effect suitable and necessary alterations/ modifications in the

layout plan/building/floor plans, designs and specifications as the Company may deem necessary

or if directed by any Competent Authority(ies) and the Allottee(s) hereby authorize(s) the

Company to effect such changes with the assurance that the Allottee will not dispute the same.

Such alterations may include change in location, preferential location, number, increase or

decrease in the number of units, floor, block or area of the unit. However, in case of any major

alteration/ modification resulting in more than ± 20% (twenty percent) change in the Super Area

Annexure

- III

Annexure- III

9 Construction of the Said Space/Said Building

Annexure-III

Annexure VI A Annexure- V)

Annexure V

10. Alteration/Modification

16

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

of the Said Space or material change in the specifications of the Said Building/Said Space any

time prior to and upon the grant of occupation certificate, the Company may intimate to the

Allottee(s) in writing the changes thereof and the resultant change, if any, in the Total

Consideration of the Said Space to be paid by the Allottee(s) and the Allottee(s) agree(s) to inform

the Company in writing his/their consent or objections to the changes within thirty (30) days from

the date of such notice failing which the Allottee(s) shall be deemed to have given his/their full

consent to all the alterations/ modifications and to the revised payment plan and the demand

raised by the Company for payment of the increased Super Area. However if the Allottee(s) writes

to the Company within thirty (30) days of intimation by the Company indicating his/their non-

consent to such alterations/ modifications, then the allotment shall deemed to be cancelled and

the Company may refund the entire money received from the Allottee(s) with simple interest @

9% per annum after deducting therefrom the brokerage charges, service tax and other payments

made by the Company or from the bank if the Allottee(s) has taken loan from the bank and the

bank has marked lien on the Said Space and upon dispatch of such refund to the Allottee(s) or to

the bank as the case may be by registered post, the Company shall be released and discharged

from all its obligations and liabilities under this Agreement and the Allottee(s) agree(s) and

authorize(s) the Company to sub-lease or deal with the Said Space and the Parking Space(s)

thereafter in any manner whatsoever at the Company's sole discretion. However, the condition of

refund by the Company shall not apply wherever the Company has made any changes in the Said

Space which are at the request of the Allottee(s) and the Allottee(s) hereby agree(s) that such

changes at the specific request of the Allottee(s) shall cause loss to the Company and therefore it

shall not be entitled to such refund. The Allottee(s) agree(s) that any increase or decrease in the

Super Area of the Said Space shall be payable or refundable (without any interest) at the rate at

which the Said Space was booked as mentioned in the Application Form except as provided herein

and has agreed that the Company shall be entitled to revise the payment plan and raise demand

for payment accordingly.

11. Permission to enter for carrying out Interior Works

The Company may permit the Allottee, subject to the Allottee(s) having fulfilled all his/their

obligations under this Agreement, an entry in the Said Building and the Said Space for carrying

out interior works in the Said Space prior to the date of possession but after the Company has

applied for an occupation certificate to the Competent Authority(ies), during normal working

hours on all working days i.e. between 9 AM to 6.00 PM upon execution of a suitable indemnity

bond, as required by the Company. The Allottee(s) further agree(s) that his/their interior

fitouts/works shall not cause any damage to the existing structure/systems installed by the

Company. The Allottee(s) shall ensure that internal air-conditioning, electrical systems,

plumbing, fire fighting system and any other structural/ finishing work done internally within

the Said Space shall not pose any fire, electrical, structural, pollution and health hazards to other

occupants of the Said Building. However, permission for interior works shall not be construed as

or in no way entitle the Allottee(s) to have any right, interest or title of any nature whatsoever in

respect of the Said Space. The Allottee(s) further agree(s) to pay to the Company, at 1.2 times the

actual cost of electricity, water and other direct expenses incurred by the Company on account of

the Allottee(s) during the period of interiors works. It is specifically clarified by the Company and

the Allottee(s) has/have agreed that the permission for carrying out interior fitouts shall be

granted by the Company for a period of 12 (twelve) months from the date of offer by the Company

for carrying out interior fitouts and if the Allottee(s) fail(s) to complete the interior fitouts within

the said period, the Company shall levy a penalty for non-completion of interior fitouts at the rate

of @ Rs.107.64 per sq. mtr. (Rs.10/- per sq. ft. approx.) per month for such delay. In the event of

delay in completion of interior fitouts beyond a period of 6 (six) months from the date stipulated

for completion of interior fitouts, the Allottee(s) authorize(s) the Company to cancel the allotment

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

17

and forfeit the Earnest Money, non-refundable amounts, service tax, other taxes, charges,

Government Charges, unpaid amount of penalty for non-completion of interior fitouts, etc. and

refund the balance amount, if any, paid by the Allottee(s) without any interest upon realisation of

money from re-allotment to any other party or alternatively, the Company may determine such

other penalty as it may deem fit at its sole discretion. It is further agreed by the Allottee(s) that the

Company, in the event of cancellation or otherwise in any case, shall not be responsible and liable to

reimburse/refund any amount/costs incurred by the Allottee(s) in carrying out interior fitouts/works

in theSaid Spaceand theAllottee(s)agreesnot raiseany dispute/claim inthis regard.

Notwithstanding anything contained elsewhere in this Agreement, it is expressly understood and

agreed between the Parties that the installments as stipulated in the Payment Plan as set out in

of this Agreement payable in respect of the Said Space being unconnected with the

interior works, shall continue unabated irrespective of whether the permission for carrying out

interior fitouts of the Said Space is granted by the Company and/or interior fitouts/ works are

completed within the stipulated period by the Allottee(s) .

It is understood by the Allottee(s) that after the Said Building is occupied, no interior work may be

permitted by the Company to be carried on in the Said Space as it may cause disturbance and

nuisance to the other occupants in the Said Building and for all future interior

modifications/works as may be required, the Allottee(s) would be required to obtain prior written

permission from the Company which may not be unreasonably withheld by the Company subject

to such restriction on timings and terms and conditions as the Company may impose which the

Allottee(s) hereby undertakes to fully comply with.

The Allottee(s) agrees that the right given to the Allottee(s) by the Company to carry out the

fitouts in the Said Space shall not be considered as handing over possession by the Company

which shall be dealt separately in accordance with the provisions set out in clause no12.1.

Annexure III

12.1Schedule for possession of the Said Space

12.2Procedure for taking possession

12.3Failure of Allottee(s) to take possession

The Company, based on its present plans and estimates and subject to all just exceptions, shall

endeavor to complete the construction of the Said Building/Said Space/ within a period of 18

months (Eighteen) months from the date of execution of this Agreement, subject to Force Majeure

circumstances and any delay or failure due to reasons mentioned in Clauses 12.4, 12.5, 12.6 and

Clause No. 47 and/or due to failure of the Allottee(s) to pay in time the Total Consideration and

other charges and dues/payments mentioned in the Agreement or any failure on the part of the

Allottee(s) to abide by all or any of the terms and conditions of this Agreement.

The Company, upon obtaining certificate for occupation and use from the Competent Authority

(ies) shall offer in writing to the Allottee(s) to take over, occupy and use the Said Space in terms of

this Agreement within 30 (Thirty) days from the date of issue of such notice and the Company

shall hand over the Said Space to the Allottee(s) for his/their occupation and use subject to the

Allottee(s) having complied with all the terms and conditions of this Agreement and is not in

default under any of the provisions of this Agreement and has made all payments as stipulated in

this Agreement including stamp duty and registration charges and has complied with all

provisions, formalities, documentation etc., as may be prescribed by the Company in this regard.

The Allottee shall be liable to pay maintenance charges from the date of taking possession of the

Said Space /expiry of 30 days from the date of issue of notice of possession irrespective of the

Allottee(s) taking over possession of the Said Space at a later date.

In the event of Allottee's failure to take over and/or occupy and use the Said Space allotted within

30 (Thirty) days from the date of issue of Letter of handing Over by the Company, then the same

18

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

shall lie at his/their risk and cost and the Allottee(s) shall be liable to pay to the Company holding

charges/compensation @ Rs.269/- per sq. mtr. (Rs.25/-- per sq. ft. approx.) of the Super Area per

month for the entire period of such delay. The holding charges shall be a distinct charge in

addition to Maintenance Charges, and not related to any other charges as provided in this

Agreement. Further, the Allottee(s) agree(s) that in the event of his/their failure to take over the

Said Space within the time stipulated by the Company in its notice, it shall have no right or claim

in respect of any item of work in the Said Space which it may allege not to have been carried out or

completed or in respect of any design specifications, building materials or any other reason

whatsoever and that it shall be deemed to have been fully satisfied in all respects concerning

construction and all other work relating to the Said Space /Said Building.

If the possession of the Said Space is delayed due to Force Majeure conditions, then the Company

shall be entitled to extension of time for delivery of possession of the Said Space. The Company

during the continuance of the Force Majeure reserves the right to alter or vary the terms and

conditions of this Agreement or if the circumstances so warrant, the Company may also suspend

the development of the project for such period as is considered expedient. The Allottee(s) agrees

and consents that the Allottee(s) shall have no right to raise any claim, compensation of any

nature whatsoever for or with regard to such suspension.

The Allottee(s) agrees and understands that if the Force Majeure condition continues for a long

period, then the Company alone in its own judgment and discretion, may terminate this Agreement

and in such case the only liability of the Company shall be to refund the amounts paid under this

Agreement by the Allottee without any interest or compensation whatsoever. The Allottee(s) agrees

that the Allottee(s) shall have no right or claim of any nature whatsoever and the Company shall be

released and discharged of all its obligations and liabilities under this Agreement.

That if as a result of any law that may be passed by any legislature or rule, regulation or order or

notification that may be made and/or issued by the Governmental Authority or any other

authority including a municipal authority, the Company is unable to complete the construction of

the Said Space /Said Building, then the Company may, if so advised, though not bound to do so, at

its sole discretion challenge the validity, applicability and / or efficacy of such legislation, rule,

order or notification by moving the appropriate courts, tribunal(s) and / or authority(ies). In such

a situation, the money(ies) paid by the Allottee(s) in pursuance of this Agreement, shall continue

to remain with the Company and [the Allottee(s) agree(s) not to move for or to obtain specific

performance of the terms of this Agreement, it being specifically agreed that this Agreement shall

remain in abeyance till final determination by the court(s) / tribunal(s) / authority (ies). However,

the Allottee(s) may, if he/they so desire(s), become a party along with the Company in such

litigation to protect Allottee(s)'s rights arising under this Agreement. In the event of the Company

succeeding in its challenge to the impugned legislation or rule, regulation, order or notification as

the case may be, it is hereby agreed that this Agreement shall stand revived and the Allottee(s)

shall be liable to fulfill all obligations as provided in this Agreement. If as a result of such

litigation or challenge by the Company, the terms and conditions of the Agreement are

changed/modified, then the Allottee agrees to abide by the same. It is further agreed that in the

event of the aforesaid challenge of the Company to the impugned legislation / order / rule /

regulation / notification not succeeding and the legislation / order / rule / regulation becoming

final, absolute and binding, the Company will, subject to provisions of law/court order, refund to

the Allottee(s), the amounts attributable to the Said Space without deducting Non-Refundable

Amounts that have been received from the Allottee(s) by the Company without any interest or

compensation of whatsoever nature within such period and in such manner as may be decided by

12.4Delay due to reasons beyond the control of the Company

12.5Failure to deliver possession due to Government Rules, Orders, Notifications etc.

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

19

the Company and the Allottee(s) agree(s) to accept the Company's decision, in this regard to be

final and binding. Save as otherwise provided herein, the Allottee(s) shall not have any other

right or claim of whatsoever nature against the Company under or in relation to this Agreement

If for any reasons other than those given in Clauses supra, Clause failure to deliver possession

attributable to the Allottee(s), the Company is unable to or fails to deliver possession of the Said

Space to the Allottee(s) within 18 months from the date of execution of this Agreement or within

any extended period or periods as envisaged under this Agreement, then in such a case, the

Allottee(s) shall be, subject to not being in default as per the terms of the agreement, entitled to give

notice to the Company, within ninety (90) days from the expiry of such extended periods, for

terminating this Agreement. In that event the Company shall be at liberty to transfer or sub-lease

and/or dispose the Said Space and the provided Parking Space(s) to any other party at such price and

upon such terms and conditions as the Company may deem fit. Thereafter the Company shall within

ninety (90) days from the date of full realisation of the consideration after sub-lease of Said Space and

the Parking Space(s) refund to the Allottee(s), without any interest, the balance from the amounts

paid by it in respect of the Said Space and the Parking Space(s) without deduction of Earnest Money

and amount of a non-refundable nature. The Allottee(s) agree(s) that it shall have no other claim

against theCompany inrespect of theSaid Spaceand Parking Space(s)under thisAgreement.

If the Allottee(s) fails to exercise his/their right of termination within the time limit as afore

stated, by delivery to the Company of a written notice acknowledged by the Company in this

regard then it shall not be entitled to terminate this Agreement thereafter and it shall continue to

be bound by the provisions of this Agreement.

The Allottee(s) agree(s) that as a consequence of the Company abandoning the Said Building for

any reason other than Force Majeure or becoming unable to give possession within 18 months

from the date of execution of this Agreement or such extended periods as permitted under this

Agreement, the Company shall be entitled to terminate this Agreement whereupon the

Company's liability shall be limited to the refund of the amounts paid by the Allottee(s) with

simple interest @ 9% per annum for the period such amounts were lying with the Company and to

pay no other compensation whatsoever.

However, the Company may, at its sole option and discretion, decide not to terminate this Agreement

in which event the Company agrees to pay only to the Allottee(s) and not to anyone else and only in

cases other than those provided in Clauses 12.4, 12.5 and 12.6 failure to give possession attributable

to the Allottee(s) and subject to the Allottee(s) not being in default under any terms of this

Agreement, compensation @ Rs.269/- per sq. mtr. (Rs.25/- per sq. ft. approx.) of the Super Area of the

Said Space per month for the period of such delay beyond 18 months or such extended periods as

permitted under this Agreement. The adjustment of such compensation shall be done only at the

time of Sub-Lease Deed of the Said Space to the Allottee(s) and not earlier and the Company shall

do the Sub Lease Deed only upon the Allottee(s) commencing the use of the Said Space.

The Allottee agrees and understands that the nature of business to be carried out at the Said

Space must conform to the activities allowed under the Principal Deed. Further, the Allottee

agrees and understands that the Allottee shall commence the business of the nature specified by

the Allottee in the Application, in the Said Space not later than 6 (six) months from the date of offer

of possession. If the Allottee fails to commence / make operational his business within the stipulated

period, the Company may, at its sole discretion, extend the period for commencing business by the

Allottee upon payment by the Allottee of additional charges @ Rs.107.64 per sq. mtr. (Rs.10/- per sq.

ft. approx.) per month. If the Allottee fails to commence / make operational his business within

12.6Failure to deliver possession by the Company: Remedy to Allottee(s)

12.7Failure to deliver possession: Remedy to the Company

12.8Failure to commence business

20

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

stipulated / extended period the Company may resume the possession of the Said Space, refund

the amounts paid by the Allottee subject to all deductions without any interest. Thereafter, the

Company shall have right to sub-lease the Said Space.

It is specifically made clear to the Allottee(s) that all defaults, breaches and/or non-compliance of

any of the terms and conditions of this Agreement shall be deemed to be events of defaults liable

for consequences stipulated herein. With a view to acquaint the Allottee(s), some of the indicative

events of defaults are mentioned below which are merely illustrative and are not exhaustive:

i) Failure to make payments within the time as stipulated in the Payment Plan as given in

and failure to pay the stamp duty, legal, registration, any incidental charges,

any increases in security including but not limited to interest bearing maintenance security

as demanded by the Company, any other charges, deposits for bulk supply of electrical

energy, taxes etc. as may be notified by the Company to the Allottee(s) under the terms of this

Agreement, and all other defaults of similar nature.

ii) Failure to perform and observe any or all of the Allottee(s)'s obligations including those

contained in Clause 13(i) above as set forth in this Agreement or if the Allottee(s) fail(s) to execute

any other deed/document/undertakings/ indemnities etc. or to perform any other obligation,

if any, set forth in any other agreement with the Company in relation to the Said Space.

iii) Failure to complete the interior works within the stipulated period in terms of Clause 11of this

Agreement and non payment of penalty payable towards non-completion of interior fit outs.

iv) Failure to take possession of the Said Space for occupation and use within the time stipulated

by the Company in its notice and commencing the commercial use of the Said Space.

v) Failure toexecute theSub-LeaseDeed within the timestipulated by theCompany in itsnotice.

vi) Failure to execute Maintenance Agreement and/or to pay on or before its due date the

Maintenance Charges, maintenance security deposits, deposits/charges for bulk supply of

electrical energy or any increases in respect thereof, as demanded by the Company, its

nominee, other body or association of Allottee(s), as the case may be.

vii) Failure, pursuant to a request by the Company, in terms of Clause 22 of this Agreement, to

become a member of the association of Allottees of the Said Building or to pay subscription

chargesetc. asmay berequired by theCompany orassociationofAllottee(s), as thecasemay be.

viii) Assignment of this Agreement or any interest of the Allottee(s) in this Agreement without

prior written consent of the Company.

ix) Dishonor of any cheque(s) given by Allottee(s) for any reason whatsoever.

x) Sale/transfer/disposal of/sub-lease/creation of any third party interest, in any manner in

respect of the Parking Space(s) independent of the Said Space.

xi) Failure to use the Said Space for the specific purpose.

xii) Non-adherence of any guidelines, policies, rules as framed by the Allottee(s) from time to

time and refusal to sign any document, letter, undertaking required for the above purpose.

xiii) Any other acts, deeds or things which the Allottee(s) may commit, omit or fail to perform in

terms of this Agreement, any other undertaking, affidavit/ agreement/ indemnity etc. or as

demanded by the Company which in the opinion of the Company amounts to an event of

default and the Allottee(s) agree(s) and confirm(s) that the decision of the Company in this

regard shall be final and binding on the Allottee(s).

xiv) Non payment of Escalation Charges.

Upon the occurrence of any one or more of event(s) of default under this Agreement including

but not limited to those specified above, the Company may, at its sole discretion decide, by

written notice to the Allottee(s), to call upon the Allottee(s) to rectify the default within 30

13. Events of Defaults and Consequences

Annexure- III

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

21

(Thirty) days of its notice specifying the default. The Allottee(s) agree(s) that if the default is

not rectified within such 30 (Thirty) days this Agreement shall be liable to be cancelled

without any further notice by the Company and the Company shall have the right to forfeit,

the Earnest Money, Non Refundable Amounts taxes including service tax, cesses, levies etc., if

any, paid by the Company. The Allottee(s) agree(s) that upon such cancellation of this

Agreement, the Company will be released and discharged of all liabilities and obligations under

this Agreement and the Allottee(s) hereby authorize(s) the Company that the Said Space and

the Parking Space(s) may be disposed off to any other party by the Company or dealt in any

other manner as the Company may in its sole discretion deem fit as if this Agreement had never

been executed and without accounting to the Allottee(s) for any of the proceeds of such

allotment. In the event of the Company electing to cancel/terminate this Agreement, any

amount which is found to be refundable to the Allottee(s) over and above the amounts forfeited

by the Company as above shall be refunded by the Company only after realising such refundable

amount on further allotment/re-allotment to any other party and shall be refunded without any

interest or compensation of whatsoever nature and upon such cancellation and refund by the

Company by registered post, the Allottee(s) shall be left with no right, title, interest, claim or

lienover theSaid Space and the Parking Space(s) in any manner whatsoever.

(a) The Allottee(s) shall pay, as and when demanded by the Company, the stamp duty,

registration charges and all other incidental and legal expenses for execution and

registration of Sub-Lease Deed of the Said Space in favour of the Allottee(s) which shall be

executed and registered upon receipt of the certificate for occupation and use from the competent

authority(ies) and receipt of the Total Consideration, Government Charges, Parking Space

chargesandotherduesandthesaidchargesandexpensesasmaybepayableordemandedfromthe

Allottee(s) inrespectoftheSaidSpaceandParkingSpace(s)allottedtohim/them.

In case the Allottee(s) fail(s) to complete the interior fitouts within the stipulated period as

above or pay the penalty as imposed by the Company for delay in completing the interior fitouts

or the Allottee(s) fail(s) to deposit the stamp duty, registration charges and all other incidental

and legal expenses etc. so demanded within the period mentioned in the demand letter, the

Company may be free to appropriate the part of Total Consideration paid by the Allottee(s)

towards the said penalty for non-completion of interior fitouts/works in stipulated period,

charges and expenses. The Allottee(s) shall forthwith deposit the shortfall in the Total

Consideration so caused together with interest for the period of delay in depositing the Total

Consideration so appropriated at the rate and in the manner mentioned hereof. The Allottee(s),

subject to completing the interior fitouts, undertake(s) to execute the Sub-Lease Deed within

sixty (60) days from the date of the intimation in writing the receipt of the certificate for use and

occupation of the Said Building from the competent authority(ies) failing which the Allottee(s)

authorize(s) the Company to cancel the allotment and forfeit the Earnest Money, Non

Refundable Amounts, service tax etc. and refund the balance amount paid by the Allottee(s)

without any interest after realizationofmoney from re-allotment toany otherparty.

(b) The Allottee(s) shall be solely responsible and liable for compliance of the provisions of Indian

Stamp Act, 1899 including any actions taken or deficiencies / penalties imposed by the

Competent Authority (ies).

In order to provide necessary maintenance services, dedicated focus and transparency in

accounting and audit procedures the Company shall, upon the completion of the Said Building,

hand over the maintenance of the Said Building/Said Complex to a Maintenance Agency as the

Company may in its sole discretion deem fit which shall manage and control the affairs of the Said

Complex up to the formation of Association of the Space Owners for the Said Complex. The

14. Sub-Lease Deed of the Said Space

15. Maintenance of the Said Building/Said Complex

22

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Allottee(s) if so directed by the Maintenance Agency /the Company at its sole discretion hereby

agrees to execute Maintenance Agreement (draft given in - to this Agreement)

with the Maintenance Agency or any other nominee / agency or other body/association of

Allottee(s) as may be appointed by the Company from time to time for the maintenance and

upkeep of the Said Land / Said Portion of Land/ the Said Building / Said Complex. The Allottee(s)

further undertake(s) to abide by the terms and conditions of the Maintenance Agreement and to

pay promptly all the demands, bills, charges charged at 1.2 times the actual expenditure as may

be raised by the Maintenance Agency from time to time. The Operation/Maintenance billing shall

also include the cost of the chilled/hot water meter / thermal energy meter, hire charges/installation

charges of the same in the said Space and the rate of chilled water supply will be based on 1.2 times the

sum of the cost of the pro-rata energy consumption of the running of chillers plus line losses, pro-rata

operation/maintenancecostsof running chillers/air conditioning plants, repair, replacement etc.

The Company/the Maintenance Agency reserves the right to change, modify, amend, impose

additional conditions in the Maintenance Agreement at the time of its final execution. The

Allottee(s) agrees and commits himself / herself / itself that he / she / it shall pay maintenance

charges at 1.2 times the actual expenditure as per bills raised by the Maintenance Agency from

time to time without any delay irrespective of the non-execution / delay, if any, in execution of the

Maintenance Agreement between the Maintenance Agency and the Company

The payment of Maintenance Charges will be applicable from the date of taking possession of the

Said Space/expiry of 30 days from the date of notice of possession, whether or not possession is

taken by the Allottee(s).

In order to secure adequate provision of maintenance services, the Company may appoint a

nominee or a Maintenance Agency. In order to secure the timely payment of maintenance bills the

Allottee(s hereby agree(s) to deposit with the Company, as per the Payment Plan, and to always

keep deposited with the Company and thereafter with the Company/Maintenance Agency as

hereinafter provided, a non-refundable IBMS at the rate of Rs.1076.40 per sq. mtr. (Rs.100/- per

sq. ft approx.) of the Super Area of the Said Space carrying a simple yearly interest calculated as

per the applicable rates on one year fixed deposits accepted by State Bank of India determined at

the close of each financial year on 31st March. Further the Allottee(s), upon completion of the Said

Building, agree(s) to enter into a Maintenance Agreement with the Company/ Maintenance

Agency. The Allottee(s) undertake(s) to pay the maintenance bills monthly/ quarterly in advance

as raised by the Company/ Maintenance Agency from the date of grant of occupation certificate by

the Competent Authority on pro-rata basis irrespective whether the Allottee(s) is/are in

occupation of the Said Space or not. In case of failure of the Allottee(s) to pay the maintenance

bills, other charges on or before the due date, the Allottee(s) in addition to permitting the

Maintenance Agency/Company to deny him/them the maintenance services, also authorize(s) the

Maintenance Agency/ Company to charge interest @15% p.a. for the period of delay and to adjust

at the first instance, the interest accrued on the IBMS against such defaults in the payment of

maintenance bills and interest on delayed payment of maintenance bills and in case such accrued

interest on IBMS falls short of the total amount of the default, the Allottee(s) further authorise(s)

the Company/ Maintenance Agency to adjust the principal amount of the IBMS against such

defaults. If due to such adjustments in the principal amount, the IBMS falls below the agreed sum

of Rs. 1076.40 per sq. mtr. (Rs100/-per sq. ft. approx.) of the Super Area of the Said Space, then the

Allottee(s) hereby undertake(s) to make good the resultant shortfall within fifteen (15) days of the

demand by the Maintenance Agency/Company, as the case may be.

Further, the Company/Maintenance Agency, reserves the right to increase IBMS from time to

time in keeping with the increase in the cost of maintenance services and the Allottee(s) agree(s)

to pay such increases within fifteen (15) days of demand by the Company/Maintenance Agency

Annexure VII

16. Interest Bearing Maintenance Security (IBMS)

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

23

failing which the Company/Maintenance Agency shall take recourse to such action, including as

stated above, it may deem fit to recover such dues.

The Company shall at its sole discretion have the right to refund / offer to refund in full and final

settlement of the IBMS or transfer to the Maintenance Agency, after adjusting there from any

outstanding maintenance bills and / or other outstanding amounts at any time including upon

execution of the Sub-Lease Deed and thereupon the Company shall stand completely absolved /

discharged of all of its obligations and responsibilities concerning the IBMS, including but not

limited to issues of repayment, refund and / or claims, if any relating to the same. The

Maintenance Agency, upon transfer of the IBMS and/or in case fresh IBMS is sought from the

Allottee(s) as stipulated hereinabove shall have the right to modify / revise all or any of the terms

of the Maintenance Agreement, including but not limited to the amount / rate of IBMS, etc.

The Allottee(s) has specifically agreed that the allotment of the Said Space shall be subject to

strict compliance of a code of conduct that may be determined by the Company/ Maintenance

Agency for occupation and use of the Said Space and such other conditions as the Company /

Maintenances Agency may deem fit from time to time which may include but is not limited to

usage of the Said Space, operation hours of various maintenance services, general compliance for

occupants of the Said Building, regulation as to entry/exit of the visitors, invitees, guests,

security, etc. It is clarified that the code of conduct as may be specified by the Company /

Maintenance Agency is always subject to change by the Company /Maintenance Agency

If the Company or the Maintenance Agency decides to apply for and thereafter receives

permission, from Central Electricity Supply Utility of Odisha or from any other body / commission

/ regulatory / licensing authority constituted by the Government of Odisha for such purpose, to

receive and distribute bulk supply of electrical energy as a primary or back up source of electrical

17. Payment of deposits & charges for bulk supply of electrical energy

energy for the Said Building then the Allottee(s) undertake(s) to pay on demand to the Company

proportionate share as determined by the Company of all deposits and charges paid / payable by

the Company or the Maintenance Agency to CESU any other body / commission / regulatory /

licensing authority constituted by the Government of Odisha, failing which the same shall be

treated as unpaid portion of the Total Consideration payable by the Allottee(s) for the Said Space

and the conveyance of the Said Space shall be withheld by the Company till full payment thereof

is received by the Company from the Allottee(s). Further the Allottee(s) agree(s) that the

Company shall be entitled in terms of the Maintenance Agreement (draft given in

) to withhold electricity supply to the Said Space till full payment of such deposits and charges

is received by the Company/the Maintenance Agency. Further in case of bulk supply of electrical

energy, the Allottee(s) agree(s) to abide by all the conditions of sanction of bulk supply including

but not limited to waiver of the Allottee(s)'s rights to apply for individual/direct electrical supply

connection directly from ______ or any other body responsible for supply of electrical energy. An

undertaking in this regard executed by the Allottee(s) is attached as to this

Agreement. The Allottee(s) agree(s) to pay any increase in the deposits, charges for bulk supply of

electrical energy as may be demanded by the Company from time to time. In the event of the

Company not applying / obtaining or is unable to obtain bulk electricity supply, the Allottee(s)

hereby undertake not to raise any dispute or make any claim or withhold payment of electricity /

maintenance charges

The total Maintenance Charges as more elaborately described in the Maintenance Agreement

(draft given in ) will be fixed by the Company/Maintenance Agency on an

estimated basis of the maintenance costs to be incurred for the forth coming financial year.

Maintenance Charges shall be levied from the date of grant of occupation certificate by the

Competent

Annexure-

VII

Annexure- IX

18. Fixation of total Maintenance Charges

Annexure VII

24

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Authority and the Allottee(s) undertake(s) to pay the same promptly. It is agreed by the

Allottee(s) that the payment of Maintenance Charges will be applicable whether or not the

possession is taken by the Allottee(s). The estimates of the Company/Maintenance Agency shall

be final and binding on the Allottee(s). The Maintenance Charges shall be recovered on such

estimated basis on monthly/quarterly intervals as may be decided by the Company/Maintenance

Agency and adjusted against the actual audited expenses as determined at the end of the financial

year and any surplus/deficit thereof shall be carried forward and adjusted in the maintenance bills of

the subsequent financial year. The Allottee(s) agree(s) and undertake(s) to pay the maintenance

bills on or before due date as intimated by the Company/Maintenance Agency.

That and whenever any plant & machinery, including but not limited to lifts, DG sets, gas

turbines, electric sub-stations, pumps, fire fighting equipment, any other plant/equipment of

capital nature including but not limited to chilled water plants, BTU meters, etc. require

replacement, upgradation, additions etc. the cost thereof shall be contributed by all the Allottee(s)

in the Said Building as the case may be on pro-rata basis (i.e. in proportion to the Super Area of the

Said Space to the total Super Area of all the spaces in the Said Building, as the case may be). The

Company or the Maintenance Agency shall have the sole authority to decide the necessity of such

replacement, up gradation, additions etc. including its timings or cost thereof and the Allottee(s)

agree(s) to abide by the same.

In addition to the Company's and the Maintenance Agency's rights of unrestricted usage of all

Common Areas & Facilities as listed in , and Parking

Space(s) as listed in for providing necessary maintenance services, the

Allottee(s) agree(s) to permit the Company or the Maintenance Agency to enter into the Said

Space or any part thereof, after due notice and during the normal working hours, unless the

circumstances warrant otherwise, with a view to set right any defect in the Said Space or the

defects in the space above or below the Said Space. Any refusal of the Allottee(s) to give such right

to entry will be deemed to be a violation of this Agreement and the Company shall be entitled to

take such actions as it may deem fit including termination of this Agreement.

The structure of the Said Building may be insured against fire, earthquake, riots and civil

commotion, militant action etc. by the Company or the Maintenance Agency on behalf of the

Allottee(s) and the cost thereof shall be payable by Allottee(s) as part of the maintenance bill raised

by the Maintenance Agency but contents inside each Said Space shall be insured by the Allottee(s) at

his/their own cost. The cost of insuring the building structure shall be recovered from the Allottee(s)

as a part of total Maintenance Charges and the Allottee(s) hereby agree(s) to pay the same. The

Allottee(s) shall not do or permit to be done any act or thing which may render void or voidable

insurance of any space or any part of the Said Building or cause increased Consideration to be

payable inrespect thereof forwhich theAllottee(s) shallbesolely responsibleand liable.

The Allottee shall become and remain a member of the Association, to be formed by and consisting

of all the unit holders in the Said Complex as per provisions laid down under the prevailing law for

the purpose of attending to the various matters of common interest, including repairs,

maintenance etc. The Allottee will observe and perform the terms and conditions, bye laws and

the rules and regulations laid down by the Sub Lessor when the Association is not formed and also

rules and regulations prescribed by such Association.

19. Payment for replacement, upgradation, additions of Lifts, DG Sets, Electric Sub-

stations, Pumps, Fire Fighting Equipment and other Capital Plants/Equipments.

20. Right to enter the Said Space for repairs

Part A and Part B of Annexure IV

Part D of Annexure IV

21. Insurance of the Said Building

22. Association of Space Owners

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

25

26

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Subsequent to deduction of all amounts incurred for the purpose of carrying out the necessary

repairs and damages for the maintenance and operation of the Said Complex, the Company/

Maintenance Agency after formation of the Association, shall also hand over the balance amounts

lying with the Company/ Maintenance Agency, and balance maintenance charges etc., already

collected from the unit holders, to the Association and shall also provide audited accounts for the

same from the Company's auditor as up-to that date. The Company, the Association and the

Allottee shall be bound by the auditor's statement of accounts. The Association shall hold the

Maintenance Funds as the corpus for maintenance of the said Complex.

In view of the importance of signages for a successful commercial development, the Allottee(s) has

specifically agreed and understood that the Company shall have absolute right on the signage

inside / outside /near, within or on the face of the Said Building and the Company may determine

and allow the usage by the Allottee(s) of such signage at its own discretion. The Company shall

have absolute right to identify, earmark and allot such places for affixing signage on the exterior /

interior of the said Building / Said Complex/Said Land/Said Portion of Land. The Allottee(s) shall

be responsible to install and maintain such signage, so allotted by the Company, in a well lit,

legible and in a proper manner at its / his / her own cost. The Allottee(s) hereby specifically agrees

that the said allotted space for affixing signage etc. shall be increased, decreased or modified in

any manner at the sole discretion of the Company from time to time. The Company may issue such

guidelines / directions including but not limited for colour scheme, style and manner of the

signage, proper maintenance and upkeep by the Allottee(s) of such signages from time to time.

23. Use of Basement(s) and Service Areas

24. Use of Said Space

The basement(s) and service areas, if any, as may be located within the Said Building, as the case

may be, shall be earmarked by the Company to house parking spaces and services including but

not limited to electric sub-station, transformer, DG set/gas turbines, underground water tanks,

pump rooms, maintenance and service rooms, fire fighting pumps and equipments, chilled water

plants, BTU meters, Energy Center (if provided at the sole option of the Company, if found

practicable and feasible) equipments and ancillaries etc. and other permitted uses as per zoning

plans/building plans. The basement(s) shall be used strictly as per building bye-laws and other

applicable rules and regulations. The Allottee(s) shall not be permitted to use the services areas in

the basement(s) in any manner whatsoever and the same shall be reserved for use by the

Company or the Maintenance Agency and its employees for rendering maintenance services. Any

violation of this condition shall be a breach of this Agreement by the Allottee(s).

The Allottee(s) shall use the Said Space only in accordance with the approvals i.e. the Allottee(s)

shall use the Said Space strictly in accordance with the uses permitted in the zoning plan /

building plans approved by the Bhubaneswar Development Authority. Further the Allottee(s)

shall not use the same in a manner that may cause nuisance or annoyance to occupants of other

space(s) in the Said Building or for any illegal or immoral purpose or to do or suffer anything to be

done in or around the Said Space which tends to cause damage to any flooring or ceiling or services

of any space over, below, adjacent to the Said Space or anywhere in the Said Building or in any

manner interfere with the use thereof or of spaces, passages, corridors or amenities available for

common use. The Allottee(s) hereby agree(s)/indemnify(ies) the Company against any penal

action, damages or loss due to misuse for which the Allottee(s)/ occupant(s) shall be solely

responsible. If the Allottee(s) use(s) or permit(s) the use of the Said Space for any purpose other

than in accordance with the approvals, then the Company shall be entitled to treat this

Agreement as cancelled and to resume the possession of the Said Space and the Allottee(s)

has/have agreed to this condition.

25. Signage

The Company may transfer such responsibility of identifying; earmarking and allotment of such

signages to its nominees / assigns or any other body or association of Allottees or to such agency as

may be appointed by it at its sole discretion. Upon such transfer, the Company shall be released

and discharged from all its obligations and responsibilities under this Clause in respect of the

signages. The Allottee(s) shall not raise any dispute with regard to the appointment of any agency

for managing signages in such a manner as such agency may deem fit and proper from time to

time and the Allottee(s) shall extend full co-operation to such an agency for optimum usage of the

signage in the Said Building/Said Complex/Said Land/Said Portion of Land. The Allottee(s)

further undertakes, assures and guarantees that he / she would not put any sign-board / name -

plate, neon - light, publicity material or advertisement material etc. on the face / facade of the Said

Building or anywhere on the interior or exterior of the said Building or common areas except at

the places specifically earmarked and allotted by the Company/agency so appointed.

The Company shall have all the rights over the roof top/terrace of the Said Building. The

Company shall have the right to give on sub-lease or hire any part of the roof top/terraces above

the top floor, for any purpose including installation and operation of antenna, satellite dishes,

communication towers, other communication equipment or to use/hire/lease the same for

advertisement purposes and the Allottee(s) shall not have a right to object or cause any hindrance

to the same or make any claims on this account. The roof top/terrace shall always vest with the

Company and the Company shall be the sole owner thereof.

26(b). The Allotee(s) agrees and understands that the Company owns several kiosks in the Said

Building and the Company is free to deal with the said kiosks at its own discretion and that the

Allotee(s) shall have no right to object to the presence ,ownership and/or operation of the such

kiosks within the Said Building.

The Allottee(s) shall, during the unexpired term under the Principal Deed be solely responsible

to maintain the Said Space at his/their own cost, in a good condition and shall not do or suffer to be

done anything in or to the Said Building or the Said Space, or the staircases, lifts, common

passages, corridors, circulation areas, atrium or the compound which may be in violation of any

laws or rules of any Governmental Authority(ies) or change or alter or make additions to the Said

Space and keep the Said Space, its walls and partitions, sewers, drains, pipes and appurtenances

thereto or belonging thereto, in good and tenantable repair and maintain the same in a fit and

proper condition and ensure that the support, shelter etc. of the Said Building or pertaining to the

Said Building in which the Said Space is located, is not in any way damaged or jeopardized till the

handing over the vacant possession to the Company..

The non-observance of the provisions of this clause shall entitle the Company or the Maintenance

Agency/the agency so appointed, to enter the Said Space, if necessary and remove all non-

conforming fittings and fixtures at the cost and expense of the Allottee(s). The Allottee(s) shall be

responsible for any loss or damages arising out of breach of any of the aforesaid conditions.

It shall be incumbent on the Allottee(s) to comply with the terms of payment and/or other terms

and conditions of this Agreement including but not limited to completion of interior fitouts within

the stipulated period failing which he/they shall forfeit to the Company the entire amount of

Earnest Money, Non Refundable Amounts service tax and other taxes and charges, if any, paid,

penalty payable towards non-completion of interior fitouts, cesses, levies if any etc. and

Agreement shall stand cancelled and the Allottee(s) shall be left with no lien, right, title, interest

or any claim of whatsoever nature in the Said Space and the Parking Space(s). The Company shall

thereafter be free to deal with the Said Space in an appropriate manner at its sole discretion. The

26(a).Use of terraces / kiosks

27. General compliance with respect to the Said Space

28. Compliance to Terms of Payment and/or other Terms and Conditions

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

27

amount(s), if any, paid over and above the Earnest Money, Non Refundable Amounts, service tax

and other taxes and charges, if any, paid, penalty payable towards non-completion of interior

fitouts, cesses, levies if any etc. would be refunded to the Allottee(s) by the Company only after

realizing such amounts to be refunded after the sub-lease of the Said Space by the Company but

without any interest or compensation of whatsoever nature. The Company shall have the first

lien and charge on the Said Space for all its dues payable by the Allottee(s) to the Company

It is specifically clarified by the Company to the Allottee(s) that the Said Space in the Said

Building, being allotted for by way of this Agreement prior to the sub-lease of the title in favour of

the Allottee(s) is non-transferable except with the prior written consent of the Company. by the

Allottee(s) and he/they agree(s) that he/they shall not transfer, nominate, assign his sub-lease

hold right except with the prior written consent of the Company. Such consent may be given or

denied by the Company at its sole discretion and shall always be subject to applicable laws and

notifications or any directions of the Competent Authority(ies) as may be in force and shall also be

subject to the terms, conditions and charges as the Company may impose from time to time in this

regard. The Allottee(s) shall solely be responsible and liable for all legal, monetary, or any other

consequences that may arise from such assignment or nominations, if so permitted by the Company

at its sole discretion. In the event of refusal or denial by the Company for giving permission to

the Allottee(s) for assignment, transfer, nomination of his lease hold right in respect of

the Said Space, the Allottee(s) has/have assured the Company and has/have undertaken

not to raise any dispute or claim in any manner at any time based upon which the Company has

agreed to make allotment of the Said Space.

The Allottee(s) is entering into this Allotment Agreement for the Said Space in bare shell

condition (having specifications set out in ) with the full knowledge of all laws, rules,

regulations, notifications applicable in general and the Said Building in particular. That the

Allottee(s) hereby undertake(s) that it shall comply with and carry out, from time to time after it

has taken over for occupation and use the Said Space all the requirements, requisitions, demands

and repairs which are required by any

29. Transfer of Sub-Lease Hold Right, Assignment, Sub-Lease Nomination etc

30. Compliance of Laws, Notifications etc. by Allottee(s)

Annexure V

development authority/ municipal authority/ Government

or any other Competent Authority(ies) in respect of the Said Space/ Said Building at his/their own

cost and keep the Company indemnified, secured and harmless against all costs, consequence and

all damages, arising on account of non-compliance with the said requirements, requisitions,

demands and repairs.

The Company shall have right, without any approval from any Allottee(s) in the Said Building to

make any alterations, additions, improvements or repairs whether structural or non-structural,

interior or exterior, ordinary or extra ordinary in relation to any un- leased space(s) within the

Said Building/Said Complex/Said Land/Said Portion of Land and the Allottee(s) agree(s) not to

raise objections or make any claims on this account.

The Allottee(s) agrees and understands that if the FAR is increased beyond the current applicable

FAR of 2.75 by the Government Authority, the Company shall have the exclusive right and

ownership on the additional FAR beyond the current applicable FAR. The Company shall have

the sole discretion and right to utilize the additional FAR, including but not limited to

constructing additional buildings in the Said Building as per the approvals granted by the

Governmental Authorities. The Allottee(s) further agrees and confirms that on such additional

construction by use of additional FAR, the additional construction shall be the sole property of the

31. Alterations of un-leased units

32. Right of the Company to additional FAR

28

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Company, which the Company shall be entitled to dispose of in any manner it chooses without any

interference from the Allottee(s). The Company shall be entitled to get the electric, water,

sanitary and drainage systems of the additional constructions thereof connected with the already

existing electric, water, sanitary and drainage systems in the Said Building. The Allottee(s)

acknowledges that the Allottee(s) has not made any payment towards the additional FAR and

shall have no objection to any of such construction activities carried on the Said Building.

The Company shall have the right to raise finance/loan from any financial institution/bank by

way of mortgage/charge/securitization of receivables of Allottee's Said Space subject to the Said

Space being free of any encumbrances at the time of execution of Sub-Lease Deed. The

Company/financial institution/bank shall always have the first lien/charge on the Said Space for

all its dues and other sums payable by the Allottee(s) or in respect of the loan granted for the

purpose of the construction of the Said Building. In case of the Allottee(s) who has/have opted for

long term payment plan arrangement with any financial institutions/banks, the Sub-Lease Deed

of the Said Space in favour of the Allottee(s) shall be executed only upon the Company receiving no

objection certificate from such financial institutions/banks.

The Allottee(s) agree(s) that no lien or encumbrance shall arise against the Said Space as a result

of this Agreement or any money deposited hereunder by the Allottee(s). In furtherance and not in

derogation of the provisions of the preceding sentence the Allottee(s) agree(s) that the provisions

of this Agreement are and shall continue to be subject and subordinate to the lien of any

mortgage(s) heretofore or hereafter made/ created by the Company and any payments or

expenses already made or incurred or which hereafter may be made or incurred pursuant to the

terms thereof or incidental thereto or to protect the security thereof, to the fullest extent thereof

and such mortgage(s) or encumbrances shall not constitute an objection to the title of the Said

Space or excuse the Allottee(s) from completing the payment of the Total Consideration of the

Said Space or performing all the Allottee(s)'s other obligations hereunder or be the basis of any

claim against or liability of the Company provided that at the time of the execution of the Sub-

Lease Deed the Said Space shall be free and clear of all encumbrances, lien and charges

whatsoever. In case of the Allottee(s) who has/have opted for long term payment plan

arrangement with any financial institution(s) / bank(s) the Sub-Lease Deed of the Said Space in

favour of the Allottee(s), shall be executed only on the Company receiving no objection certificate

from such financial institution(s) / bank(s).

The Allottee(s) agree(s) that the Company shall have the first charge/lien on the Said Space for

the recovery of all its dues payable by the Allottee(s) under this Agreement and such other

payments as may be demanded by the Company from time to time. Further the Allottee(s)

agree(s) that in the event of his/their failure to pay such dues as aforestated, the Company will be

entitled to enforce the charge/lien by sub-leasing the Said Space to recover and receive the

outstanding dues out of the Total Consideration thereof.

The Allottee(s) may obtain finance from any financial institution / bank or any other source but

the Allottee's' obligation to take the Said Space pursuant to this Agreement shall not be

contingent on the Allottee(s)'s ability or competency to obtain such financing and the Allottee(s)

will remain bound under this Agreement whether or not it has been able to obtain financing for

the Said Space.

33. Company's right to raise Finance

34. This Agreement subordinate to mortgage by the Company

35. Company's charge on the Said Space

36. Sub-Lease not dependent on financing contingency

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

29

37. Compliance with the Terms and Conditions of the Principal Deed

38. Binding Effect

Annexure III

39. Entirety of Agreement

40. Right to amend Annexures

The Allottee agrees and understands that the Company shall be entitled to grant sub- lease in

respect of the portions of the built-up area in favour of the Allottee in accordance with) between

the provisions of the Principal Deed and this Agreement /Transfer fulfill its obligations pursuant

to the Principal Deed and to develop, operate and maintain the Said Building, provided that Sub-

Lease Deed shall be in conformity with the terms and conditions of Principal Deed. In the event of

a conflict (direct or indirect) between the provisions of the Principal Deed and this Agreement /

Sub Lease Deed, the provisions of the Principal Deed shall prevail. and the Sub-Lease Deed shall

stand modified to that extent.

The Allottee(s) agrees and undertakes to assist the Company in performing all its obligations

under the Principal Deed.

In case the term of the Principal Deed is extended by IDCO, then the Allottee(s) agrees to abide by

the terms and conditions of such extension. If the Company is required to pay any sum for such

extension or otherwise in relation to such extension, the Allottee(s) agrees to pay all such charges.

In the event that the Allottee does not pay such charges, it would hand over the possession of the

Said Space to the Company upon expiry of the Term. The Company shall in that event be at liberty

to deal with the Said Space consistent with the Principal Deed or any extension thereof.

Forwarding this Agreement to the Allottee(s) by the Company does not create a binding

obligation on the part of the Company or the Allottee(s) until firstly, the Allottee(s) signs and

delivers this Agreement with all the annexures along with the payments due as stipulated in the

Payment Plan in within thirty (30) days from the date of dispatch by the Company

and secondly a copy of this Agreement executed by the Company through its authorised signatory

is delivered to the Buyer(s) within thirty (30) days from the date of receipt of this Agreement by

the Company from the Allottee(s). If the Allottee(s) fails to execute and deliver to the Company

this Agreement within thirty (30) days from the date of its dispatch by the Company, then the

Application of the Allottee(s) shall be treated as cancelled and the Earnest Money and Non

Refundable Amounts paid by the Allottee(s) shall stand forfeited. If the counter part of this

Agreement is not executed by the Company and dispatched to the Allottee(s) within thirty (30)

days from the date of its receipt from the Allottee(s), then this Agreement shall be deemed to have

been rejected and cancelled and all sums deposited by the Allottee(s) in connection therewith

shall be refunded to the Allottee(s) without any interest or compensation whatsoever. Upon such

termination neither the Company nor the Allottee shall have any further rights, obligations or

liabilities against the other.

This Agreement along with its annexures supersedes any and all understandings, any other

agreements, correspondences, arrangements whether written or oral, if any, between the Parties

including the Application Form and Allotment Letter. The terms and conditions of this

Agreement shall prevail and be binding on the Allottee(s).

a) The Company further reserves the rights to correct, modify, amend or change all the

annexures attached to this Agreement and also annexures which are indicated to be tentative at

any time prior to the execution of the Conveyance Deed of the Said Space.

(b) Right to amend terms and conditions

The Allottee(s) agrees and understands that terms and conditions of the Application and those of

the Agreement may be modified / amended by the Company in accordance with any directions

/order of any court of law, Governmental Agency (shall mean and includes statutory authority,

30

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

government department, agency, commission, board, tribunal, rule or regulation making entity

having or purporting to have jurisdiction on behalf of Republic of India or any State or other sub-

division thereof or any municipality, district or other sub-division thereof or any other municipal

or local authority having jurisdiction over the land on which Said Land/ Said Portion of Land/Said

Building is situated) in compliance with applicable law and such amendment shall be binding on

the applicant.

The Allottee(s) agrees that the provisions of this Agreement, draft Maintenance Agreement, and

those contained in annexures are specific and applicable to Said Space offered for sub-lease in the

Said Building located in the Said Portion of Land. and these provisions cannot be read in evidence

or interpreted in any manner in or for the purpose of any suit or proceedings before any court(s),

competition commission, consumer disputes forum(s) or any other judicial forum involving any

other space(s)/ building(s)/ project(s) of the Company/its associates/ subsidiaries, partnership

firms in which the Company is partner or interested.

All the provisions contained herein and the obligation arising hereunder in respect of the Said

Space /Said Building shall equally be applicable to and enforceable against any and all occupiers,

tenants, sub-lessee, licensees and/or subsequent assignees of the Said Space, as the said

obligations go along with the Said Space for all intents and purposes.

Failure on the part of the Company to enforce at any time or for any period of time the provisions

hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce

each and every provision under this Agreement.

The Allottee(s) agrees that if any provision of this Agreement shall be determined to be void or

unenforceable under Applicable Law, such provisions shall be deemed amended or deleted in so

far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to

conform to applicable law and the remaining provisions of this Agreement shall remain valid and

enforceable as applicable at the time of execution of this Agreement.

The captions/headings in this Agreement are for easy reading and convenience and are of

indicative nature only and in no way define, limit or describe the scope of this Agreement or the

intent of any provision/clauses thereof. The true interpretation of any matter/clauses in this

Agreement shall be done by reading the various clauses in this Agreement as a whole and

harmoniously and not in isolation or in parts or in terms of captions provided.

Wherever in this Agreement it is stipulated that the Allottee(s) has/have to make any payments

in common with the other allottee in the Said Building the same shall be the proportion which the

Super Area of the Said Space bears to the total Super Area of all the spaces in the Said Building.

The Company shall not be held responsible or liable for not performing any of its obligations or

undertakings provided for in this Agreement if such performance is prevented due to Force

Majeure conditions

The Company shall have right to join as an affected party in any suit/complaint filed before any

41. Agreement Specific only to Said Space in the Said Building

42. Provisions of this Agreement applicable on occupiers / subsequent Allottee

43. Waiver not a limitation to enforce

44. Severability

45. Captions/Headings

46. Method of calculation of share wherever referred to in the Agreement

47. Force Majeure

48. Right to join as affected Party

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

31

appropriate court by the Allottee(s) if the Company's rights under this Agreement, are likely to be

affected/prejudiced in any manner by the decision of the court on such suit/complaint. The

Allottee(s) agree(s) to keep the Company fully informed at all times in this regard.

The Allottee(s) hereby covenant(s) with the Company to pay from time to time and at all times, the

amounts which the Allottee(s) is liable to pay as agreed and to observe and perform all the

covenants and conditions of the Sub–Lease Deed and to keep the Company and its agents and

representatives, indemnified and harmless against the said payments and observance and

performance of the said covenants and conditions and also against any loss or damages that the

Company may suffer as a result of non-payment, non-observance or non-performance of the said

covenants and conditions by the Allottee(s) under this Agreement. This will be in addition to any

of the remedy provided in this Agreement and /or available in law.

Further the Allottee shall not do any act that may be against any law, rule, regulation, bye law of

the local municipality / other statutory authorities or any obligation agreed under any contract

and the Allottee shall be solely responsible for all consequences of any offence or breach thereof

and the Allottee shall indemnify other Unit holders who may suffer due to any such acts of

omission or commission of the Company.

In case the Allottee(s) has/have to pay any commission or brokerage to any person for services

rendered by such person to the Allottee(s) whether in or outside India for acquiring the Said Space

for the Allottee(s), the Company shall in no way whatsoever be responsible or liable thereof and no

such commission or brokerage shall be deductible from the amount of the Total Consideration

agreed to be payable to the Company for the Said Space. Further the Allottee(s) undertake(s) to

indemnify and hold the Company free and harmless from and against any or all liabilities and

expenses in this connection.

The Allottee(s) and the persons to whom the Said Space or part thereof is sub-leased or given

possession shall execute, acknowledge and deliver to the Company such instruments and take

such other actions, in addition to the instruments and actions specifically provided for herein, as

the Company may reasonably request in order to effectuate the provisions of this Agreement or

the Principal Deed or of any transaction contemplated herein or to confirm or perfect any right to

be created or transferred hereunder or pursuant to any such transaction.

2 (two) copies of this Agreement shall be executed and the Company shall retain the original copy of

thisAgreement and send theSecond executed copy to theAllottee(s) forhis/her referenceand record.

The execution of this Agreement will be complete only upon its execution by the Company

through its authorised signatory after the copies duly executed by the Allottee(s) are received by

the Company. Hence this Agreement shall be deemed to have been executed at Kolkata even if the

Allottee(s) has/have prior thereto executed this Agreement at any place(s) other than Kolkata.

All notices to be served on the Allottee(s) and the Company as contemplated by this Agreement

shall be deemed to have been duly served if sent to the Allottee(s) or the Company by registered

post at their respective addresses specified below:

49. Indemnification

50. Brokerage

51. Further Assurances

52. Copies of the Agreement

53. Place of Execution

54. Notices

32

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

..................................................................

..................................................................

(Address of Allottee(s))

..................................................................

..................................................................

(Address of the Company)

It shall be the duty of the Allottee(s) to inform the Company in writing of any change in the

mailing address mentioned in this Agreement failing which all demands, notices etc. by the

Company may be mailed to the address given in this Agreement and deemed to have been

received by the Allottee(s). In case of joint Allottee(s), all communication shall be sent to the first

named Allottee(s) in this Agreement.

In case there are Joint Allottee(s), all communications shall be sent by the Company to the

Allottee(s) whose name appears first and at the address given by him/them which shall for all

intents and purposes be considered as properly served on all the Allottee(s).

The Company reserves the right to transfer ownership of the Said Building in whole or in parts for

the unexpired term under the Principal Deed to any other entity such as partnership firm, body

corporate(s) whether incorporated or not, association or agency by way of sale/disposal or any

other arrangement as may be decided by the Company in its sole discretion and the Allottee (s)

agree(s) that he/they shall not raise any objection in this regard.

The Company is liable to hand over to IDCO free of cost, the peaceful possession of the Said Land

together with buildings and other structures erected thereon upon expiry of the term under the

Principal Deed, in case the same is not extended. The Allottee(s) specifically agrees to assist the

Company in every possible manner in handing over the possession to IDCO consistent with the

Principal Deed.

That the rights and obligations of the Parties under or arising out of this Agreement shall be

construed and enforced in accordance with the laws of India.

All or any disputes arising out or touching upon or in relation to the terms of this Agreement

including the interpretation and validity of the terms thereof and the respective rights and

obligations of Parties shall be settled amicably by mutual discussion. If the mutual discussions

fail to resolve the dispute within 30 days of the notice of dispute, the same shall be settled through

arbitration. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or

any statutory amendments/ modifications thereof for the time being in force. The Parties have

agreed that the arbitration proceedings shall be held at an appropriate location to be decided by a

sole arbitrator who shall be appointed by the Company and whose decision shall be final and

binding upon the parties. The Allottee(s) hereby confirm(s) that he/they shall have no objection to

this appointment even if the person so appointed, as the arbitrator, is an employee or advocate of

the Company or is otherwise connected to the Company and the Allottee(s) confirm(s) that

notwithstanding such relationship/connection, the Allottee(s) shall not raise any dispute at the

time of the arbitration proceedings as to the independence or impartiality of the sole arbitrator

appointed by the Company. The courts at Bhubaneswar alone shall have the jurisdiction in all the

matters arising out of/touching and/or concerning this Agreement regardless of the place of

execution of this Agreement which is deemed to be at Kolkata.

55. Joint Allottee

56. Right to Transfer Ownership

57. Laws of India

58. Dispute Resolution by Arbitration

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

33

IN WITNESS WHEREOF the Parties hereto have subscribed their respective hands at the places and

on the day, month and year mentioned under their respective

Allottee(s) :(including joint Allottee)

(1).........................................................

(2).........................................................

at ............................................... on ................................... in the presence of:

1. Signature .........................................................

Name ..............................................................

Address............................................................

........................................................................

2. Signature .........................................................

Name ..............................................................

Address............................................................

.......................................................................

SIGNED AND DELIVERED by the within named Company DLF Limited at New Delhi on

........................................in the presence of:

1. Signature .........................................................

Name ..............................................................

Address............................................................

........................................................................ FOR AND ON BEHALF OF

Signature...............................................

Name ..............................................................

Address............................................................

........................................................................ (AUTHORISED SIGNATORY)

Signature...............................................

SIGNED AND DELIVERED BY THE WITHIN NAMED

WITNESSES:

WITNESSES:

34

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure I

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

35

Annexure I (A)

TENTATIVE LAYOUT PLAN

36

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure II

DLF CYBERCITY, BHUBANESWAR – Office Space

SUPER AREA / SPECIFIC AREA

CHANGES IN AREA

Super Area is equal to 1.539 times the Specific Area (Super Area = 1.539 x Specific Area). The Specific

Area of the said space shall mean the entire area enclosed by its periphery walls including but not

limited to area under walls, columns, as well as area of loft / Mezzanine, if any, half the area of walls

common with other premises adjoining the Said Premises, all of which form integral part of the said

space.

The above multiplication factor is uniform and constant, and is agreed only for commercial reasons

between the Intending Seller and the Intending Allottee and which the Intending Allottee agrees is

fair and reasonable and that the same would not be questioned at any time by the Intending Allottee

till the Intending Allottee remains in occupation of the Said Premises. The Intending Allottee has

made himself fully aware of the aforesaid multiplier and hereby confirms that he has no objection in

that behalf. It is further confirmed and agreed by the Intending Allottee that the said multiplication

factor has no relationship to any physical parameter within or outside the Said Building or any

practice generally understood, accepted or followed in general commercial/property transactions.

The Specific Area of Said Premises is subject to change due to revision in floor plans during

design/approval of plans by authorities/construction of the Said building. This revised Specific Area, if

any, shall be multiplied by the fixed multiplication factor of 1.539 to result in revised Super Area. The

Intending Seller shall confirm the final Super Area after accounting for changes, if any, on or after the

date of grant of Completion Certificate by Competent Authorities, which shall be incorporated in the

Agreement.

Super Area as calculated above is merely for the purpose of computing the price and all other charges

payable by the Intending Allottee to the Intending Seller on the basis of agreed price and other

maintenance charges per sq. ft. / per sq. mtr. of Super Area of the Said Premises. However, the

Intending Seller may switch over to Specific area basis to calculate and record other charges at its sole

discretion and is not bound to follow Super Area basis only.

It is specifically made clear by the Intending Seller and agreed by the Intending Allottee that the

covering of exclusive terrace(s) attached to Said Premises, if any, shall not be permitted and the

Intending Allottee shall use the same as open terrace(s) only and in no other manner whatsoever. The

cost incurred for the maintenance of said open terrace(s) shall be solely to the account of the Intending

allottee to whom the exclusive use of such terrace(s) is allowed.

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

37

Annexure III

PAYMENT PLAN FOR DLF CYBERCITY BHUBANESWAR

PRICES

Basic Sale Price

Car Parking (per slot)

-Covered

-Open

Interest Bearing Maintenance Security (IBMS)

DOWN PAYMENT PLAN

As Applicable

Rs. 1,00,000/-

Rs. 50,000/-

Rs. 100/- per sq. ft.

On Application for Booking Rs. 3, 00,000/- Rs. 5,00,000/- (As applicable)*

Within 1 month of Booking 95% of Sale Price (Less Booking Amount

& Down Payment Rebate @ 6%).

On Offer of Possession 5% of Sale Price + Registration Charges

IBMS @ Rs 100/sq.ft + other charges, if any.

TIME LINKED INTEREST – FREE 18 MONTHS PAYMENT PLAN

On Application of Booking Rs.3,00,000/- Rs 5,00,000/- (As applicable)*

On completion of 2 months of Booking, 25% of Sale Price (Less Booking Amount)

On completion of 4 months of Booking 15% of Sale Price







On Notice of Possession 5% of Sale Price + Registration Charges +

IBMS @ Rs 100/sq.ft + other charges, if any.

1. Service Tax is payable along with instalments, at applicable rates

2. Prices, terms and conditions stated herein are merely indicative with a view to

acquaint the applicant(s) and are not exhaustive

3. *Booking amount for Office space – Rs 3,00,000/-

*Booking amount for Retail space – Rs 5,00,000/-

38

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

39

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure IV

DLF CYBERCITY, BHUBANESWAR – Office Space

TENTATIVE LIST OF GENERAL COMMON AREAS & FACILITIES

PART A

PART B

PART C

Part D

Common Spaces & Circulation Spaces

1. Entrance lobby and atrium at Lower and Upper Ground floor

2. Passages, corridors, including lighting and fire fighting equipment thereof

3. Common toilets at Upper Ground floor

4. Common Staircases, Staircase lobbies and Mumties

5. Lifts & Lift lobbies

6. Guard Rooms

Service Facilities and Areas

1. Underground water tanks and pump room

2. Electric sub-station (Transformers; High Voltage (H.T.) & Low Voltage (L.T.) Panels and

other Electrical equipment)

3. Stand by Generator Room / Stand by Generators

4. AC plant room

5. Building Services / Maintenance Areas

6. Lift Machine Rooms

7. Overhead Water Tanks

8. Shafts for plumbing, fire services, electrical, HVAC, Standby Generator and any other

building services

9. Sewage Treatment Plant

Outside the Building

1. Landscaped / Hardscaped / Driveway areas including lighting & Services etc.

2. Driveways including lighting and services etc.

3. Fire Hydrants & Fire Brigade inlet etc.

Parking space within DLF CYBERCITY BHUBANESWAR is individually allotted to an allottee on

the said space for his / her exclusive use and is excluded from computation of super area of Said Spaces

(parking plan attached Annexure 6A)

Annexure V

DLF CYBERCITY, BHUBANESWAR.

TENTATIVE SPECIFICATION OF THE BUILDING

(COMMON AREAS AND SAID OFFICE SPACE)

COMMON AREAS

SAID PREMISES

Note:

Flooring : Combination of Marble and/or Granite and/or Ceramic Tiles and/or

Terrazzo and /or other stone / hard wearing flooring material.

Walls : Combination of Marble/ Granite / Ceramic Tiles / other appropriate stones /

Cement plaster with suitable long lasting paints.

Vertical Circulation : Lifts and Staircases for all levels.

Office : External glazing and internal entry door design as per overall control.

Exterior : Combination of Granite and or Marble or any other appropriate stone and /

or Curtain Wall / Exterior Paint / Ceramic Tiles / Show Windows.

Air Conditioning : Common areas air conditioned as per requirements of various spaces

Power : 100% power back up.

Flooring : Bare concrete floor / IPS.

Walls : Plain cement plaster and / or Birla white putty.

Toilets : Connection Points for plumbing services.

Toilet Walls : Rough plaster up to 2.4 mt.

Air Conditioning : One point for connecting individual Air Handling Units (AHU) / Fan Coil

Unit (FCU).

Power : One point for connection of the internal electrical system at 5 watts /

sq.ft. of specific area.

Fire Detection : One set of sprinklers and fire detection system connected to the common

system of the building in conformity to fire safety norms and smoke

extraction system.

Tentative specifications of common areas and Said Office Space above are subject to change at the

sole discretion of Intending Seller.

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

40

Annexure VI

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

41

Annexure VI

42

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure VI

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

43

Annexure VI

44

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure VI

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

45

Annexure VI

46

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure VI

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

47

Annexure VI

48

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure VI

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

49

Annexure VI

50

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure VI

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

51

Annexure VI (A)

52

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

Annexure VI (A)

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

53

Annexure - VII

This Draft Maintenance Agreement is tentative and the Intending Seller reserves the sole, right at

the time of final execution of the Maintenance Agreement to amend/change/modify the terms and

conditions contained in the Draft Maintenance Agreement as the Intending Seller may in its sole

discretion deem fit. The present Draft of Maintenance Agreement needs to be signed by the Intending

Allottee to indicate his/her consent to the terms and conditions as contained herein

This Agreement is made at …… …… on this day________of ____________

BETWEEN

, a Company registered under the Companies Act, 1956 having its Registered Office

at 3rd Floor, Shopping Mall, Arjun Marg, Phase I, DLF City, (earlier known as DLF Qutab Enclave

Complex) Gurgaon (Haryana) and Head Office at DLF Centre, Sansad Marg, New Delhi-110001

(hereinafter referred to as the “Company” which expression shall, unless repugnant to the context

or meaning thereof, include its successors and assigns) through its duly Authorised Signatory

Shri/Smt......................... ................................. authorised by Board resolution

dated ............................... of the First Part.

AND

M/s Limited, a Company incorporated under the Companies Act,

1956 having its Registered Office at Gateway Tower, 10 Floor, DLF City Phase-III, Gurgaon -122002,

through its Authorized Signatory, Mr. ________ ______(hereinafter referred to as

"The Maintenance Agency"), which expression shall unless repugnant to the context or meaning

thereof be deemed to mean and include its nominees, administrators, successors, legal representatives

and assigns, of theSecond Part.

AND

._____________________ _______ , a Company registered under the Companies Act, 1956 having

his/her/its office/residence at ___________________________________(hereafter referred to as "the

User ") which expression shall unless repugnant to the context or meaning hereof include the said

Mr./Mrs./Ms. and his/her/its heirs, executors, administrators, legal representatives, successors and

assigns of the Third Part.

OPERATION/ MAINTENANCE AGREEMENT

DLF LIMITED

……

........................................

______________________________

_________________

__

AND

th

*M/s

*M/s. ______________________________________________a partnership firm duly registered under the

Indian Partnership Act 1932, through its partner authorised by resolution dated _____________

Shri/Smt. ________________________________________ (hereinafter referred to as the “ ”

which expression shall unless repugnant to the context or meaning thereof, be deemed to include all

the partners of the partnership firm and their heirs, legal representatives, administrators, executors,

successors and assigns) (copy of the resolution signed by all Partners must be attached herein) of the

Second Part.

1. Shri/Smt ______________________________________________________________________________


Resident of _______________________________________________________________________________

_______________________________________________________________________________________

Allottee(s)

AND

54

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

2.* Shri/Smt ______________________________________________________________________________


Resident of _______________________________________________________________________________

_______________________________________________________________________________________

(*to be filled up in case of Joint Allottee)

(Hereinafter Singly/Jointly, as the case may be, referred to as the which expression

shall, unless repugnant to the context or meaning thereof, include his/their heirs, executors,

administrators, legal representatives, and successors.)

be constructed on a land admeasuring approximately 54.00 acres situated at plot bearing No. 01(P),

06(P), 20(P) Khata No. 474/1607 Village – Patia, PS – Chandrasekharpur, Tahasil – Bhubaneswar,

District – Khurda, Orissa (hereinafter referred to as the "said Land") as more fully described in

Annexure-A attached to this Agreement, reserved and approved to be used pursuant to layout plan

approved by the Bhubaneswar Development Authority(BDA).

AND WHEREAS the said Agreement executed by the User contained a stipulation vide Clause 14.1

for the provision of Maintenance Services by The Maintenance Agency and payment of maintenance

charges at 1.2 times the actual costs by the User to The Maintenance Agency.

AND WHEREAS the User has agreed vide Clause 14.2 of the said Agreement to deposit and keep

deposited with Intending Seller an Interest Bearing Maintenance Security (for short IBMS) @RS.100/~

per square foot of the super area in the said Space, carrying a simple yearly interest as per the applicable

rateson fixed depositsaccepted by theStateBankof India or theprime lending rateofStateBankof India

ofa term foroneyear,whichever is lowerat thecloseof each financialyearon31st March.

AND WHEREAS Intending Seller in order to provide necessary operation/maintenance services with

dedicated focus and transparency and with proper accounting and audit procedure, shall upon

completion of the said Building, hand over the operation/maintenance of the said Building to The

Maintenance Agency.

AND WHEREAS The Maintenance Agency shall provide the operation/maintenance services, raise

bills directly on the User and collect payments thereof and to do all such acts, deeds etc. as may be

necessary to provide operation/ maintenance services, raise bills and collect payment thereof.

AND WHEREAS the User has approached The Maintenance Agency with a request to provide the

operation/ maintenance services and on the assurances that the User shall abide by the terms and

conditions of this Agreement and shall promptly pay the bills raised by The Maintenance Agency, the

parties have now decided to execute this Agreement on the terms and conditions recorded hereunder.

1.

The Maintenance Agency shall provide operation/maintenance services as per the scope of

operation/maintenance services as set out in Clause (2) hereinafter initially for a period of three years

from the date of execution of this Agreement to be renewed automatically for further two terms of three

years each on mutually agreed terms and conditions between Intending Seller and The Maintenance

Agency,unlessotherwisetheworkofprovidingoperation/maintenanceservices isearlier -handedoverby

IntendingSellertoanyotherassignee/'Nominee,otherBodyCorporateortoAssociationofSpaceOwners.

“Allottee(s)”

NOW, THEREFORE, THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED AND

DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

DURATION OF OPERATION / MAINTENANCE AGREEMENT:

WHEREAS the User executed a Space Allotment Agreement dated______________ (hereinafter

referred to as "the said Agreement") for purchase of a Space having a super area of

approximately ______________ sq. mtrs. (______________ sq. ft. approximately) on_____________Floor

(hereinafter referred to as "the said Space") in the Said building in the Said Complex with the right of

exclusive use of parking space(s) herein after defined (hereinafter referred to as "the said Building") to

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

55

2.

"Operation/Maintenance Services" shall mean and include the following services inclusive of

general and administrative overheads (including salaries, wages, etc.)

(a) Operation and maintenance of all equipment including sub-station(s) connected with the supply

of electrical energy to all Occupants including the User of the said Building under bulk electric

supply scheme, if obtained by the Maintenance Agency, subject to the terms and conditions of

Application to be executed by the User as per Annexure-B to this agreement. The Maintenance

Agency shall apply for permission for supply of electrical energy and the permission, which when

received, shallbedeemedto formapartof thisAgreement.Theoperationandmaintenanceofbulk

supplyanddistributionofelectricalenergyshallbehandledbyThe Maintenance Agency or ifThe

MaintenanceAgencydecides,at itssolediscretion,byanyotherCompany,nominee,andagencyto

whomthisworkmaybehandedoverbyTheMaintenanceAgency.

(b) Common areas Operation/Maintenance Services: These relate to operation and

maintenance of common areas, basements, escalators lifts, fire fighting equipment(s), air

conditioning and other common facilities inside the said Building.

(c) Operation and Maintenance of Services located in the Basement: These shall inter alia relate

to operation and maintenance of Basement, if any, in the said Building and services such as

electric sub station(s), air-conditioning plant, pump(s), fire fighting rooms fire detection and

fire fighting equipments, transformer (s), DG set(s), water tank(s),air conditioning

room/chillers and other services in the Basement of the said Land/said Building.

(d) Operation and maintenance of car parking spaces in the basement(s) or in any other part of

the said Building/said Land, not forming a part of "pay and park" car parking system/spaces.

(e) Open area Operation/Maintenance Services: These relate to operation and maintenance of

open spaces within the boundary wall of the said Land such as operation/maintenance of

compound wall, landscaping, electrical systems of the said Land, water supply, sewerage,

sewerage treatment plant/equipments roads, paths & other services etc. within the

boundary wall of the said Land.

(f) Security services for the common areas and the basement, if any, in the said Land.

(g) Insurance of the said Building, buildings structure/Common Equipment in the said Land.

(However, the User shall be solely responsible for insuring the contents within the said

Space at his/her/its own cost, risk and responsibility)

(h) The cost of promotions and events management charges incurred in the said Building.

(i) The Operation/Maintenance charges and all other charges by whatever name called/levied/

leviable by the BDA or such other Authorities, Forums, Owners Association(s), Nominee(s)

or Assignee(s) of the Intending Seller etc. in respect of the said Building and for operation &

maintenance and management thereof.

(j) Any other services as may be required as exclusive services by the User or as common

services by the User along with other users including but not limited to reserved

open/covered car parking spaces, if any, allotted for exclusive use of the User and as may be

required from time to time. It is clarified by The Maintenance Agency and understood by the

User that the entire overheads including salaries and wages etc. shall form a part of the

above services wherever directly allocable with general overheads and administrative costs

being additionally included and charged. It is further clarified that cost of any services

included in overheads shall pro-rata be included in the above computation to the extent

required and necessary for the performance of total operation/maintenance services. The

total operation/maintenance services shall be provided in terms of the said Agreement and

this Agreement shall be read in consonance and not in derogation of the said Agreement.

(k) The temperature conditions of the common areas shall be maintained around 24 degrees

Celsius (plus minus 2 degrees Celsius).

SCOPE OF TOTAL OPERATION/MAINTENANCE SERVICES:

56

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

(l) The business/ operating hours are 10 AM to 10 PM for shops and offices and 12 Noon to 12

Midnight for Food & Beverage outlets, Cinema(s), Food Court, Bars etc. and the User shall

observe working days/holidays as per local laws. The operation/maintenance charges for any

additional running of business/ operating hours shall be billed additionally. The User shall

strictly adhere to the business/ operating hours as may be determined by The Maintenance

Agency/ maintenance agency/ Body or Association from time to time and are subject to

statutory restrictions/guidelines issued by the concerned authorities.

3.

The operation/maintenance charges shall be defined and computed in the manner provided

herein below:

i) The operation/maintenance charges shall be computed by taking into account the entire cost

incurred by The Maintenance Agency for rendering total operation/maintenance services

including the cost of energy (the word Energy includes but not limited to Electrical and

Thermal energy) paid by The Maintenance Agency to Central Electricity Supply Utility of

Odisha (CESU) and/or the cost of operating (including fuel etc.) and maintaining standby DG

Set(s) and deducting there from actual receipts from billing of energy to all the

users/occupants of the said Building on account of electrical energy consumed inside . their

respective space and also deducting therefrom actual receipts from billing the charges of

chilled/hot water supply inside their respective space. The resultant net expenditure

multiplied by 1 .2 times shall be treated as Operation/ Maintenance Charges and billed to

individual occupants/users in proportion to the super area of their respective space.

ii) The Maintenance Agency shall bill for the consumption of energy inside the said Space based

on number of units consumed as indicated by the meter(s) installed in the said Space at the

predetermined rates (which shall correspond to the rates charged by CESU to its direct

consumers of similar category) falling in the schedule of tariff as applicable from time to time

to the said Space. The bill shall also include meter hire charges and a minimum demand

charge if the consumption falls below the minimum demand as per Schedule of Tariff set out

in Annexure-C. The bill for consumption of energy, as indicated above, shall be included in

the bill for Electricity charges. It is made clear and the User agrees that The Maintenance

Agency shall have the sole authority to make changes in the schedule of tariff given in

Annexure-C and such changes shall be binding on the User from the date on which such

changes shall be deemed to be effective by The Maintenance Agency. In the case of

eventuality of non availability of power from CESU the power supply will be provided

through stand by/ captive Generator Sets, the consumption of which shall be measured

separately and billed at the actual cost of power generation, which may vary from time to

time depending on the cost of fuel and other expenses etc.

iii) The Operation/Maintenance billing shall also include the cost of the chilled/hot water meter

(Thermal Energy Meter), hire charges/installation charges of the same in the said Space and

the rate of chilled water supply will be based on 1.2 times the sum of the cost of the pro-rata

energy consumption of the running of the chillers plus line losses, pro-rata

Operation/Maintenance cost of running chillers/Air conditioning plant, repair, replacement

etc. In case of BTU metering, separate bill can be levied for chilled water supply alongwith

other relevant charges.

iv) The cost of insuring the said Building, building structure (excluding the said Space) shall be

recovered from the User as a part of operation/maintenance charges @ 1.2 times the actual

expenses. The User shall not do or permit to be done any act or thing which may render void

or voidable insurance of any space or any part of the said Building or cause increased

premium to be payable in respect thereof. However, the User shall solely be responsible for

insuring contents within the said Space at its/his/her own cost and the The Maintenance

Agency accepts no responsibility in this regard.

DEFINITION AND COMPUTATION OF OPERATION/MAINTENANCE CHARGES:

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

57

v) The Maintenance Agency shall bill at 1.2 times of the estimated costs incurred for provision

of additional/specific services (including but not limited to operation and maintenance of the

car parking spaces) as may be exclusively required by the User who shall also pay the

additional interest free security and other deposits as may be charged by The Maintenance

Agency. These specific/ additional services shall be solely to the account of the User or if a

number of Occupants use the same services then it shall be billed on pro rata basis to be

determined by The Maintenance Agency at its discretion.

vi) At the end of each financial year, The Maintenance Agency shall get its accounts audited and

the expenses incurred would form basis of estimate for billing in the subsequent financial

year. If there shall be any surplus/deficit arising at the end of the financial year after audit,

the same shall be adjusted in the bills raised in the subsequent financial year in a manner

that the amount may be refunded/ recovered from subsequent bills to the User.

vii) The Maintenance Agency reserves absolute right to increase, revise, modify charges for any

of the service(s) to enable The Maintenance Agency to provide necessary

operation/maintenance services in consonance with the covenant that it shall charge only at

1.2 times the estimated revised costs and the User agrees to this condition.

viii) For the sake of clarity, the calculation of operation and maintenance charges to be billed to

the User shall be determined by the following formula.

The Maintenance Agency


(i) Cost of operation/maintenance services provided

by the . (A)

(ii) Add Cost of energy [as determined by the bill

paid to concerned power distribution

company/State Electricity Board or any other

source by the Maintenance Agency plus the

cost of operation/maintenance of DG Set(s)

including fuel etc. (B)

(iii) Less : Actual receipts by

from the occupants in respect of electricity bills paid

by them for consumption of electrical energy inside

their spaces based on meter reading every month. (C)

(iv) Less: Actual receipts of chilled/hot water billing

inside their spaces p.m. (D)

The resultant total shall be divided by the total super area of the Said Building to arrive at

Operation/maintenance charges per sq. ft of the super area which shall be multiplied by 1.2

times to arrive at the Operation/maintenance charges per sq. ft of the super area to be paid by

any individual occupant/user.

(1) Operation/Maintenance Charges per sq. ft of

Super Area to be paid by Users =

Total Super Area of all the

spaces in the said Building

(2) Total Operation / Maintenance Charges to be paid = Operation/maintenance charges per

bytheOccupant/User sq. ft. of super area, as per (1) above,

multiplied by super area of the said

space, plus 1.2 times the cost of any

operation/ maintenance service

exclusively rendered to the

intending allotteeoruseroccupant

Amount (In Rs.)

A+B-C-D x1.2_____________

58

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

4.

i) The Maintenance Agency shall bill the Operation/Maintenance Charges to the User monthlyin advance. However, supply of energy and chilled /hot water consumption inside the said Spaceshall be billed on the basis of actual consumption based on meter reading of the previous monthand billed in the beginning of the succeeding month. The operation/maintenance charges, otherthan consumption of energy and chilled /hot water consumption in the said Space shall bepayable by the User on pro rata basis as determined by The Maintenance Agency. The chargesfor any exclusive operation and maintenance services, as may be specially required andprovided to theUser, shallbebilled and payableby theUseralone.

ii) There shall be separate bills for the Operation/Maintenance charges which shall showcharges for total maintenance services and charges for electrical energy consumptionsupplied by the service provider and/or by The Maintenance Agency through its DG Sets aswell as charges for chilled/hot water supply and consumption in the said Space. The Usershall pay in full the operation/maintenance bill presented and The Maintenance Agencyshall not accept any part payment of any bill raised on the User.

iii) In case The Maintenance Agency so desires at its sole discretion, the User hereby agrees topay for the air conditioning within the said Space separately through the payment for chilled/hot water consumed for the purposes of such air conditioning in the said Space. In case TheMaintenance Agency so desires, in such an eventuality, the User shall pay to TheMaintenance Agency the cost of meter and equipment etc. required to measure theconsumption of chilled/hot water for air conditioning purpose on a one-time basis. The Useralso agrees to assume the obligation to pay the Operation/maintenance charges as aforesaidas effected byThe Maintenance Agency, its maintenance agency, nominee, assignee, etc. It isfurther clarified by The Maintenance Agency to the User that the Thermal Energy Meter willbe installed within the said Space.

iv) The Maintenance Agency shall while determining the cost of such chilled/hot water take intoaccount1 .2 timesof theestimatedexpenses incurred inproducingsuchair-conditioning includingbut not limited to the consumption of energy of running the chillers, Operation/Maintenance cost,cost of installation etc The determination of such charges shall be at the sole discretion of TheMaintenanceAgencyandshallbefinalandbindingbetweentheparties.

v) The User hereby agrees and understands that the obligation to pay the air conditioning costetc.of thecommonareasshallbeextra,additionalandoverandabovethatof theairconditioningofthe said Space and the charges for the air conditioning of the common areas etc. shall continue toform a part of the Operation/maintenance charges and be recovered in the same proportion of 1.2timesof theestimatedexpenditure incurredtowardsairconditioningthecommonareasetc.bytheTheMaintenanceAgencyoritsmaintenanceagency,nominee,assignetc.

vi) The User undertakes to pay directly all present and future taxes and other charges bywhatever name called/levied/leviable by IDCO/BMC or such other Authorities, in respect ofthe said Building and for operation & maintenance and management thereof.

vii) The User undertakes to pay the bills without any reminders from the The MaintenanceAgency on or before the due date indicated in the bill.

viii) The Maintenance Agency shall charge interest at the rate of 24% p.a. for the period of delayfor payments after the due date.

ix) All payments shall be made by the User through Crossed Cheque/ Demand Draft only drawnin favour of the The Maintenance Agency payable at Delhi and shall be subject to realization.

x) Without prejudice to and notwithstanding to the right of The Maintenance Agency to chargeinterest for the period of delay in payment of a bill by due date, in case the User fails to pay the billon or before the due date indicated in the bill, then the unpaid bill will be deemed to be a notice andthe operation/ maintenance services including electricity and chilled/hot water supply to the Usershall, without prejudice to the right of the The Maintenance Agency to recover charges as in thebill,bedisconnectedafter theexpiryofsevendaysof theduedatementioned inthebillwithoutanynotice to the User. The supply shall not be reconnected unless and until the amount shown in thebill together with interest at the rate of 24% p.a. for the period of delay and all other connectedexpenses incurred/ tobe incurredbytheTheMaintenanceAgency incuttingoffandreconnectingthe

PROCEDUREOFBILLINGANDPAYMENTOFOPERATION/MAINTENANCECHARGES:

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

59

electric and chilled /hot water supply and operation/maintenance services is paid by the User. The

bill shall be treated as notice for disconnection of the maintenance services including electricity

and chilled /hot water supply to the said Space in the event of non-payment by. the User

notwithstanding the inclusion of any part of the charges in the bill of the operation/maintenance

services including electricity and chilled/hot water supply to the said Space under default being

includedinthesubsequentbillssentbytheTheMaintenanceAgency.

xi) The payment of bill shall not be held up/ delayed if there are any differences or disputes as to

its accuracy. Any difference or disputes regarding accuracy of the bill shall be separately

settled as provided in Clause (17) of this Agreement.

xii) All returned/dishonored cheques shall be subject to legal action under the provisions of

Negotiable Instrument Act, 1881 or any modification thereof apart from civil action for

recovery of the amount. The Maintenance Agency shall be entitled to recover bank charges in

addition to bill amount, interest at the rate of 24% p.a. and other charges as provided in this

Agreement in case of dishonored cheques.

5.

The Intending Seller/The Maintenance Agency shall provide electricity power connection to the said

Space at the rate of 5 watts per sq. ft of the Specific area. In case the User requires any additional

power in the said Space, then an additional charge at the rate of Rs. 10,000/- per KW or as applicable

shall be paid by the User to include the cost of augmentation of transformers, generators etc. apart

from theactual cost ofadditional cabling and equipment tobeprovided in thesaid Space.

6.

The User agrees that its/his/her right to use the common facilities including supply of energy and

chilled/hot water supply shall be subject to regular and prompt payment of Operation/Maintenance

ChargesasbilledbyThe Maintenance Agency.Ifoperation/maintenancechargesoranypartthereof is

not paid regularly, the User agrees that it/he/she shall lose the right to use any of the common

facilities/servicesincludingrighttoreceiveelectricalenergyandchilled/hotwatersupplyinsidethesaid

Space, but so long as the operation/maintenance charges are regularly paid, and all the covenants herein

areobserved,therightoftheUsertousesuchcommonfacilities/servicesshallbeallowed.

7.

The Maintenance Agency shall apply for obtaining permission from CESU or any other licensingand/or regulatory authority to receive bulk supply of electric energy and to distribute it to the saidBuilding/said Space. The Maintenance Agency intends to undertake the responsibility ofreceiving in bulk the supply of energy from CESU or any other licensing authority and tosupplement it by generation through standby DG Sets and to distribute the electricity to the variousoccupants of the said Building in terms of their application for supply of electrical energy (Annexure-B). The User hereby agrees and undertakes to receive the electricity supply from The MaintenanceAgency and not to apply any other distributing / regulating /Iicensing agency/authority for directindividual supplyofelectricalpowertothespace inviewof the releaseofbulkelectricalsupplytothesaidBuilding and agrees to execute an undertaking as per draft given in Annexure IX to the said Agreement.The Maintenance Agency shall supply electrical energy as a part of its operation/maintenance servicesand not as a separate function. The right of the User to receive the supply of electrical energy shall besubject to payment of operation/maintenance charges billed by The Maintenance Agency andperformance of all covenants of this Agreement. If the operation/maintenance charges are not paidregularly by the User, he/she/it shall have no right to avail the operation/maintenance servicesincluding the supply ofelectrical energy provided by The Maintenance Agency. The User agrees thatin case of non payment of any portion of operation/maintenance bill in respect of any of theoperation/maintenance services provided by The Maintenance Agency, the User shall be liable fordisconnectionofalloranyof theoperation/maintenanceservices includingsupplyofelectricalenergytothe said Space. However, so long as the operation/maintenance charges are paid and the covenants ofthis Agreement are observed the right of the User to avail of the operation/ maintenance servicesincludingthesupplyofelectricalenergyandchilled/hotwatersupplyshallcontinue.

ADDITIONAL POWER REQUIREMENT:

RIGHT TO USE OF OPERATION/MAINTENANCE SERVICES SUBJECT TO

PAYMENT OF OPERATION/MAINTENANCE CHARGES BILL:

APPLICATION FOR SUPPLY OF ELECTRICAL ENERGY TO FORM PART OF THIS

AGREEMENT:

60

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

8.

(I) The Maintenance Agency makes it clear to the User that the provision ofoperation/maintenance services shall be done by The Maintenance Agency through variousoutside agencies under separate Agreements to be entered into with them. The MaintenanceAgency's responsibility will be limited only to the extent of supervision of these agencies and toensure that their operation is in conformity with this Agreement executed by them and tochange an agency if its performance is not up to the desired standards. The MaintenanceAgency accepts no legal liability whatsoever arising from acts of omission, commission,negligence, defaults of the aforesaid agencies in providing the operation/maintenance services.Similarly, The Maintenance Agency's role and responsibility for the supply of electrical energyto the User shall be limited to receiving the supply of energy from the CESU, in built and todistribute the same to the User in terms of Application (Annexure-B). DSL is mere distributionagency on behalf of CESU and has no power or control on the quality/quantity or any otherspecifications with respect to the electrical energy supplied by CESU and, therefore, it shallaccept no responsibility whatsoever and shall not be liable for any action, damages whatsoeverforany failureonthepart ofCESUtosupply electrical energy toDSU/User.

(ii) The Maintenance Agency shall in no way be responsible or liable for any fire, electrical,pollution, structural or any kind of hazard originating from the said Space /said Buildingincluding those or due to electrical devices installed in the said Space. The hazards aforesaidoriginating from the said Space / said Building/said land shall not impose any kind of legal orfinancial liability on The Maintenance Agency and the User agrees to keep The MaintenanceAgency indemnified and harmless against any loss or damage that may be caused to TheMaintenance Agency in this regard. The User shall ensure that the internal air conditioningand electrical systems and any other work or thing done internally within the said Space orexternally, shall not pose any fire, electrical, structural, pollution and health hazard for whichtheUsershall solely beresponsible forall legaland financial consequencesarising there from.

9. All costs, charges and expenses payable on or in respect of this agreement and on all otherinstruments and deeds to be executed, if any, pursuant to this agreement, including stamp dutyon this agreement, legal fees, if any, shall be borne and paid solely by the User.

10. The Maintenance Agency shall retain the original of this agreement and the User shall beprovided with a duplicate copy thereof.

11. The failure of The Maintenance Agency to enforce at any time or for any period of time anyprovision(s) hereof shall not be construed to be waiver of any provision(s) or of the rightthereafter to enforce any or each and every provision(s) of this agreement.

12. If any provision of this agreement shall be determined to be void or unenforceable under any law,such provision shall be deemed amended or deleted to the extent necessary to conform to applicablelawand theremaining provisionsof thisagreement shall remainvalid and enforceable.

13. This agreement constitutes the entire agreement between the parties and revokes andsupersedes all previous discussions/ correspondence and agreements between the parties, if any,concerning the matters covered herein whether written, oral or implied. However, it isunderstood by parties that the terms of this Agreement shall be read in consonance and not inderogation of the said Agreement. Unless otherwise provided, this agreement shall not bechanged or modified except in writing and signed by the parties hereof.

14. Any notice, letter or communication to be made, served or communicated under these presentsshall be in writing and shall be deemed to be duly made, served or communicated only if the noticeor letter or communication is addressed at the aforesaid address and sent by registered post.

15. The Maintenance Agency shall not be held responsible or liable for not performing its obligationsunder this Agreement due to force majeure conditions or for reasons beyond the control of TheMaintenance Agency. Force majeure conditions shall inter-alia include strikes, lock-outs, enemyaction. floods, earthquake, non-availability of supply etc.

LIMIT ON THE RESPONSIBILITY OF THE MAINTENANCE AGENCY:

GENERAL:

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

61

16. That it is clearly understood and so agreed by and between the parties hereto that all the

provisions contained herein and the obligation arising thereunder in respect of the said Space

shall equally be applicable to and enforceable against any and all occupiers, tenants/employees of

the User and/or subsequent purchasers of the said Space, as the said obligations go along with the

said commercial office space/retail for all intents and purposes.

17.

Excepting the cases of theft/pilferage of energy or interference with meter etc. (which are inter-alia

offences) and only after the bill amount payable are paid to The Maintenance Agency; in the event of

any differences or disputes arising between The Maintenance Agency and the User in respect of any

matter connected with the accuracy of bills, supply of services or interpretation of any of these terms

and conditions which cannot be determined amicably, or settled through an agreement between The

Maintenance Agency and the User, the matter shall be referred to arbitration of Sole Arbitrator

appointed by The Maintenance Agency. Reference to arbitration shall be without prejudice to the

right of The Maintenance Agency to effect recovery of arrears of dues (through disconnection of

supply or otherwise). The decision of Arbitrator shall be final and binding on the parties. The User

hereby confirms that it shall have no objection to this appointment even if the person so appointed,

as the arbitrator is an employee or advocate of The Maintenance Agency or otherwise is connected to

The Maintenance Agency and the User confirms that notwithstanding such relationship/

connection, the User shall have no doubts as to the independence or impartiality of the said

arbitrator. The arbitration proceedings shall be held at an appropriate location to be decided by a

sole arbitrator alone and shall be in accordance with the Arbitration and Conciliation Act, 1996 or

statutory modifications thereto. The Courts at Bhubaneswar alone shall have the jurisdiction in all

mattersofdisputearising out of or touching and/or covering this transaction.

That this agreement and the rights and obligations of the parties under or arising out of this

agreement shall be construed and enforced in accordance with laws of India.

IN WITNESS WHEREOF the parties have set their hands to this Agreement at a place on the day,

month and year first above written in the presence of

WITNESSES:

For and on behalf of

M/s DLF Universal Limited

1. (AUTHORISED SIGNATORY)

2. For and on behalf of

M/s. -__________________________ Ltd.

(AUTHORISED SIGNATORY)

3. For and on behalf of

___________________________

(User)

ARBITRATION:

62

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

ANNEXURE-A TO MAINTENANCE AGREEMENT

All that plot of land situated at plot bearing No. 01(P), 06(P), 20(P), Khata No. 474/1607, Village-Patia,

Police Station Chandrasekharpur, Tahasil-Bhubaneswar, District-Khurda, Orissa admeasurements

an area of 54 acres or thereabouts surrounded with following:

NORTH:

EAST:

SOUTH:

WEST:

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

63

ANNEXURE-B MAINTENANCE AGREEMENT

APPLICATION FOR SUPPLY OF ELECTRICAL ENERGY

Schedule of Energy Electrical Load

NO. :

DATE :

CONNECTION NO :

To

The Manager,

M/s. ___________________ Ltd.

Gateway Tower, 10 Floor,

DLF City Phase-III,

Gurgaon – 122002

I/We hereby agree to take from the _______________ Ltd., (hereinafter called ‘

') at the Space stated below, supply of Electrical Energy not exceeding contract demand of my/our

installation as below. I/we hereby further agree to pay for the said supply in accordance with the rates

and charges laid down in the Schedule of tariff, prescribed by from time to

time. I/we will, when required by to do so, lodge with their office a security

deposit and charges as mentioned in Schedule of tariff. I/we hereby declare that the Terms and

Conditions of supply of Electrical Energy including Schedule of tariff as stated in this Application, have

been signed and understood by me/us and I/we agree to be bound by them strictly in accordance with

theseTermsand Conditions,which form anintegralpart of thisApplication.

Type of Load Quantity Wattage Each Total Watts

Light Points

Fan Points

Light Plug Points

Power Plug Point

Air Conditioners

Room Coolers

Water Heaters

Heating Equipments

Motors

Refrigeration

Others

Total Connected load ___________________ KW.

Contract Demand Load - Not to exceed ___________________ KW.

Supply required of 3 phases/single phase ___________________

_______________________________

Signature of applicant

(Name and Address)

th

The Maintenance

Agency



64

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

FOR USE OF

Contract of supply is __________________ KW subject to the Terms & Conditions and Schedule of tariffaccepted on behalf of DLF LTD.

For and on behalf of ____________________________________

AUTHORISED SIGNATORY

THE MAINTENANCE AGENCY

_________________ Ltd. (hereinafter referred to as “The Maintenance Agency") after receivingpermission for bulk supply of electrical energy from Central Electricity Supply Utility of Odisha(hereinafter referred to "CESU") or any other licensing and/or regulatory authority, and also havingstandby captive generator sets along with the operational & maintenance responsibility of theelectrical system agrees to supply/distribute

the electrical energy to Mr./Mrs./M/s. _________________________________________________________

(hereinafter referred to as "the Allottee") based on the following terms and conditions:-

(a) The "Act" means the Electricity Act, 2003 as amended from time to time.

(b) The Allottee means M/s. _________________________________________

(c) The Maintenance Agency means the _____________ Ltd., being the distributing agency andits nominees, assignees, representatives, successors etc.

(d) Connected load means the sum of the rated capacities of all the energy consuming apparatusin The Allottee's installation.

(e) Contract demand means the maximum demand load projected by the Allottee at the time ofApplication.

(f) Electrical energy charges shall mean charges for energy consumed by the Allottee whethersupplied by The Maintenance Agency from CESU source or through standby DG Set(s) etc.and is applicable to the units consumed by the Allottee in any month.

(g) CESU shall mean Central Electricity Supply Utility of Odisha.

(h) A month shall mean a Calendar month.

(i) The said Space shall mean office/retail nos. _________________________________.

(j) The Rules shall mean the Electricity Rules, 2005 as amended from time to time.

(k) This annexure shall be read with the maintenance agreement.

(a) After the application is accepted by The Maintenance Agency, the Allottee shall pay a SecurityDeposit as may be demanded by The Maintenance Agency which shall correspond to the depositpaid/payable to CESU by The Maintenance Agency. The AllotteealsoundertakestomakedeposittowardshireoftheelectricitymetertobeprovidedbyThe Maintenance Agency.

(b) As The Maintenance Agency has, on behalf of the occupants of the Said Building including theAllottee, applied for permission to distribute the electrical energy to the Said Complex/SaidBuilding, the Allottee, in pursuance to the requirements of CESU and that of this Applicationundertakesnot toapply toCESUdirectly for supply ofany electrical energy at theSaid Space.

The Maintenance Agency shall give the supply of energy to the Allottee at one point as TheMaintenance Agency may decide and the switchboard and meters etc. on the Allottee's premises for thereception of The Maintenance Agency’s supply shall be erected by The Maintenance Agency. TheAllottee undertakes to pay, on demand, to The Maintenance Agency installation charges, testingcharges, meter hire charges as set out in the schedule of tariff annexed to this Agreement. All theinstallationsofTheMaintenanceAgencyshallbemaintainedingoodconditionbytheAllottee.

TERMS AND CONDITIONS OF SUPPLY OF ELECTRICAL ENERGY

1. Definitions:

2. Acceptance of Application:

3. Point of Supply:

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

65

4. Approval of the Allottee's installation:

5. Wiring Conditions:

6. Extension to the Allottee's Installation:

7. Defects in the Allottee's Installation:

8. Meters:

Before any wiring apparatus of Allottee is connected to The Maintenance Agency supply lines, itshall be subjected to the inspection and approval by The Maintenance Agency’s representativeand no connection shall be made from The Maintenance Agency’s supply line by any person otherthan authorised representatives of The Maintenance Agency

(a) The wiring and apparatus comprising the Allottee's installation must always be in goodorder and condition, so as not to affect injuriously The Maintenance Agencywork or the use ofelectrical energy by other users.

(b) The wiring shall conform to the provisions of Electricity Rules, 2005 and the relevant ISIcode and the requirement of the particular fire insurance seller with which the Said Buildingor Said Space may be insured, and with such wiring regulations of The Maintenance Agency,as may be in force from time to time.

(c) The Allottee must in all cases provide the Earth Leakage Circuit Breaker (ELCB) of suitablecapacity on each phase of the mains supply switch.

(d) No addition/alteration in the electric installation work, no addition of load other thancontracted upon, shall be carried out by the Allottee without the knowledge of TheMaintenance Agency. The Allottee cannot connect or sub-let the load, or permit connectionfrom its sanctioned supply to any other Premises.

In the event of any unauthorized extension to the installation or of any unauthorized increase incontracted demand or sub-letting by the Allottee, DLS shall be entitled to disconnect the supply tothe Allottee's space, and in the event of any damage to The Maintenance Agency’s system resultingfrom such unauthorised extension, the Allottee shall pay to The Maintenance Agency all expenses onaccount ofand connected withsuchdamageasdetermined by TheMaintenanceAgency.

In the event of any defects being discovered in the Allottee's wiring or apparatus connected to TheMaintenance Agency’s supply lines or of any earth or leakage occurring on any section of thecircuits so connected, the Allottee, in the absence of any of The Maintenance Agency authorisedemployees, shall immediately disconnect such part of the wiring or apparatus from the circuitand notify The Maintenance Agency. The Maintenance Agency shall reserve the right todisconnect at any time such sections from its supply systems.

(a) An Electronic Dual Energy Meter will be provided by The Maintenance Agency to monitorseparately the consumption of electricity supplied by DG Sets and the grid power supply.

(b) A correct meter shall be installed, sealed, maintained by The Maintenance Agency at eachpoint of supply at the premises of the Allottee and shall remain the property of TheMaintenance Agency so long as the contract of supply subsists. The Maintenance Agencyreserves to itself the right to fix the position of the said meter.

(c) The said meter shall not be connected, disconnected or unsealed by any person other thanThe Maintenance Agency’s authorized employees. The Allottee shall ensure that meterseal is not broken or tampered with.

(d) The authorizedemployeeofTheMaintenanceAgencyshallbeallowedbytheAllotteehaveaccesstoand be at liberty to read, inspect, test and if considered necessary, remove the meter for testing etc.

(e) If the Allottee requires the said meter to be removed and replaced with new meter, it shallgive notice to that effect in writing to The Maintenance Agency, which may comply withsuch notice subject to the Allottee paying prescribed charges in advance.

(f) Should the Allottee dispute the accuracy of the said meter, it may, upon giving noticein writing to The Maintenance Agency and paying an advance a prescribed fee cause atest of the meter to be made by The Maintenance Agency and if on such test beingmade, the meter should prove to be not correct, The Maintenance Agency may adjust

66

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

the Allottee's account with retrospective effect for a period not exceeding 3 (three) monthsimmediately preceding the date of such test or the date of removal of such a meter for purpose oftest as may be considered appropriate by The Maintenance Agency in its sole discretion. Shouldthemeterproved tobecorrect, theamount paid by theAllottee for the test will stand forfeited.

(g) Should The Maintenance Agency at any time, detects the meter at the said Space to beincorrect, The Maintenance Agency shall cause a test of the said meter carried out, andshould the meter prove to be not correct, the Allottee's account will be adjusted, as describedabove in sub-clause (f) above.

(h) Subject to the provision of sub-clause (a) and (g) above, the supply consumed by the Allotteeas indicated by the meter shall be binding on the Allottee.

(I) If The Maintenance Agency at any time detect the meter at the Allottee's Said Space to beinoperative (or the Allottee so informs The Maintenance Agency), it shall be replaced with acorrect meter. The electricity supplied to the Allottee during the period in which the saidmeter had ceased to function shall be determined by taking average consumption of the lastthree months preceding the period in which the meter had ceased to function or the averageof the corresponding months of the preceding years, whichever is higher.

Provided that if the meter ceased to function within the first three months of commencement orresumption of supply, the averages of the electricity supplied during the three months subsequenttothereplacementofthedefectivemeterbyacorrectmetershallbetakenasthebasisofbilling.

The Allottee shall be solely responsible as determined by The Maintenance Agency for any loss ordamage, to any supply lines, main fuses, meters and/or other apparatus belonging to TheMaintenance Agency on the Said Space, whether caused maliciously or through culpablenegligence or default on the part of the Allottee.

a) The allottee shall not keep connected to The Maintenance Agency supply any apparatuswhich The Maintenance Agency may deem to be likely to interfere with or affectinginjuriously The Maintenance Agency's supply to other allottees.

b) The Allottee shall not keep unbalanced loading on the three phases of the supply taken fromThe Maintenance Agency, the maximum permissible difference in current between any twophases being five per cent.

c) The Allottee shall not make such use of the supply given by The Maintenance Agency has tointerfere with the safety or efficient working of The Maintenance Agency's supply lines orother works, or to act prejudicially to The Maintenance Agency in any ma.nner whatsoever.

a) The Maintenance Agency reserves the right to discontinue supply to the Allottee by giving 7days notice in writing if the Allottee defaults in making payment of the bill on due date orthere are reasons to believe that the Allottee is contravening any of the provisions of the Actor of these conditions of supply or is committing a breach of this Agreement.

b) Theft of Energy: In case any representative of The Maintenance Agency detects any theft/pilferage of electrical energy on the said Space, its connection is liable to be disconnectedimmediatelywithoutanynotice.

c) The Maintenance Agency is providing the Allottee various maintenance services, inter alia,street lights, lifts, water supply, generator sets etc. which require and depend on electricity for itsoperation and maintenance. Moreover, the electric connection provided in the said Space ispossible and maintained when the electrical installation/system are maintained well by TheMaintenance Agency. For maintenance services, The Maintenance Agency raises separatechargeseverymonthinadditiontoelectricityconsumptionchargesinthesaidSpaceandbothforma part of total maintenance services bill. Failure to pay amount of such maintenance services billwithin 7 days of the notice after the due date as notified in the bill will entitle The MaintenanceAgency todisconnectelectricitysupplytothesaidSpaceunderthisAgreement.

9. Liability of the Allottee for damage to The Maintenance Agency 's Apparatus:

10. Prejudicial Use of Supply:

11. Discontinuance of Supply:

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

67

12. Failure of Supply:

13. Security Deposit:

14. Bills:

15. Right to The Maintenance Agency to nominate/assign/entrust the work of supply ofElectrical Energy:

16. Interpretation:

17. Schedule of Tariff & Charges and Rights of The Maintenance Agency to Revise theSchedule of Tariff and Charges

18. Access to said Premises:

The Maintenance Agency shall not be liable for any claims for loss, damage or compensation,whatsoever, arising out of failure or shortage in supply is due either directly or indirectly due to forcemajeure conditions such as to war, mutiny, civil commotion, riot, strike, lock-out, fire, flood, tempest,lightening earthquake or other force majeure conditions or occurrence beyond the control of TheMaintenanceAgencyorinadequate,orlowqualityofsupplyfromCESUtoTheMaintenanceAgency.

Before commencement of supply of electrical energy to the said Space, the Allottee shall be liableto pay to The Maintenance Agency Interest-free Security Deposits, Meter Hire Charges and othercharges as set out in the schedule of tariff attached as Annexure-C to this Agreement.

TheAllotteeagreestopay/reimbursetoTheMaintenanceAgencyfurtherdepositsasmaybedemandedbyCESUfrom TheMaintenanceAgency under theBulk-Supply Schemeapplicable said Building.

The Allottee agrees that it shall pay on demand such security deposits as may be demanded byThe Maintenance Agency if the Allottee habitually defaults in the payment of its bills.

The Maintenance Agency shall render bill to the Allottee monthly, which shall be payable on orbefore the due date as mentioned in the Bill.

If the bill isnotpaidinfullonduedateand7daysthereafter, theAllotteeshall thereafterrenderitself tohave the electricity supply to the said Space disconnected by The Maintenance Agency withoutprejudice to The Maintenance Agency's right to recover the amount of the bill as arrears. After fullpayment, the objections if any, with regard to the accuracy of the bill shall be made in writing to TheMaintenance Agency and the amount of such bill paid under protest within the aforesaid period will beregarded as advance to the credit of the Allottee's account until such time the objection is settledthrough arbitration process. Should the electricity supply to the said Space be so disconnected, theconnectionshallnotberestoredbyTheMaintenanceAgency,until fullsettlementshallhavebeenmadebytheAllotteeofall outstandingdues including interest fordelay,SecurityDeposit (if samewasearlieradjusted)andthechargesforreconnectionofsupplyasmaybeprescribed.

The Allottee agrees that it shall not object if The Maintenance Agency at any time, in its solediscretion, hands over/ nominates/ assigns/ entrusts the work of supply of electrical energy tosuch nominee/ assignee, other body corporate, agency, association/ society of space owners/occupants etc. as it may in its sole discretion deem fit and in that event, this Agreement shallcontinue to be valid and enforceable between the nominee/assignee, other body corporate, agency,society of occupants etc. and the Allottee.

The conditions of supply shall be subject to said Agreement, Maintenance Agreement and the Act.However, nothing in these Terms and Conditions shall abridge or prejudice the rights of theparties as may be available under any law in force in India.

The Schedule of Tariff and Charges for supply of electrical energy is attached as Annexure- C TheMaintenance Agency reserves the right at any time to amend, cancel or add to any of theseSchedule & Conditions based on only the revision of tariff and condition of supply between CESU& The Maintenance Agency.

The duly authorized employee of The Maintenance Agency shall be entitled to enter the saidSpace of the Allottee at all reasonable time after giving prior notice for the purpose of inspection ofthe Allottee's installation and inspecting and testing any apparatus belonging to TheMaintenance Agency lying on the said Space or for doing all necessary or incidental work forgiving or maintaining supply to the Allottee.

68

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

19. Assignment or Transfer of Agreement:

20. Service of Notice:

21. Disputes:

The Allottee shall not assign, transfer in whole or part the benefit of this Agreement nor shall the

Allottee in any manner part with or create any partial interest thereunder or sublet the same.

(a) Any notice by The Maintenance Agency to the Allottee shall be deemed to be duly given, served

in writing addressed to the Allottee delivered by hand at, or sent by registered post to the

addressspecified in thisAgreement orassubsequently notified toTheMaintenanceAgency.

(b) Any notice by Allottee to The Maintenance Agency shall be deemed to be duly given if served

in writing addressed to The Maintenance Agency and delivered by hand at, or sent by

registered post to the registered office of The Maintenance Agency.

(a) Excepting the cases of theft/ pilferage of electric energy or interference with the meter etc.

(which are inter-alia offences) in the event of any differences or disputes arising between The

Maintenance Agency and the Allottee in respect of any matter connected with the supply or

interpretation of any of these terms and conditions which cannot be determined amicably or

settled through an agreement between The Maintenance Agency and the Allottee, the

matter shall be referred to arbitration of Sole Arbitrator to be appointed by The Maintenance

Agency. Reference to arbitration shall be without prejudice to the right of The Maintenance

Agency to effect recovery of arrears of dues (through disconnection of supply or otherwise).

The decision of Arbitrator shall be final and binding on the parties. The arbitration

proceedings shall be held at an appropriate place decided by the Sole Arbitrator and shall be

in accordance with the Arbitration and Conciliation Act, 1996 or statutory modifications

thereto. The Allottee hereby confirms that it shall have no objection to this appointment even

if the person so appointed, as the Arbitrator, is an employee or Advocate of The Maintenance

Agency or is otherwise connected to The Maintenance Agency and the Allottee confirms that

notwithstanding such relationship/ connection, the Allottee shall have no doubts as to the

independence or impartiality of the said Arbitrator.

(b) The Courts at Bhubaneswar alone shall have the jurisdiction for all matters of dispute

arising out of or touching and/or covering this transaction.

For & On behalf of _____________________ Ltd. For & on behalf of Allottee

Authorised signatory

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

69

ANNEXURE-C TO MAINTENANCE AGREEMENT

SCHEDULE OF TARIFF

(as applicable presently)

1. ENERGY CHARGES:

2. INTEREST-FREE SECURITY DEPOSITS:

3. MINIMUM DEMAND CHARGES :

4. MISCELLANEOUS:

Note:

For Billing Purpose during the Financial Year

(On prevalent CESU Charges to its direct Allottees)

Current Rate/ Unit a) Rate : Rs.________ per Unit

b) Elect. Duty : Rs.________ per Unit

c) Transmission &

Distribution Losses : Rs.________ per Unit

d) Total : Rs.________ per Unit

e) And DG Power Supply charges: on actual

a) Fixed Service Connection Deposit : Rs.________ per KW

b) Consumption Security : Rs. ________ per KW

c) Cost of Dual Consumption Meter at the time of

installation : Rs.________/- per Meter

Rs. ________/- per KW

a) Meter Installation Charges : Rs.________/-

b) Meter Testing Charges : Rs. ________/-

c) Re-connection/Disconnection Charges : Rs.________/-

d) Periodic Inspection Charges : Rs.________/-

e) Sub-Station Shared Cost : As applicable

f) Infrastructural Expenses Charges : Rs._______ per KW + upgradation

(Extension of electrical load in addition to designed load)

1. This Schedule of Tariff corresponds to the Schedule of Tariff of CESU prevailing on the date of

execution of this Application. Any amendment, addition, alteration or modification in the

Schedule of Tariff of CESU shall be deemed to be automatically incorporated in this Schedule

of Tariff without any notice and shall be binding on the Allottee.

2. Replacement cost of the meter shall be recovered from the Allottee in full, if it is damaged due

to excess power consumption by the Allottee over and above the sanctioned load or any other

reasons.

70

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

ANNEXURE-VIII

APPLICATION FOR BECOMING MEMBER OF THE ASSOCIATION

(To be filled up by Allottee)

From:

..............................................................

..............................................................

..............................................................

To,

The Secretary,

DLF Cyber City Owners Association,

___________________________________

Chandaka Industrial Estate,

Chandrasekharpur,

Bhubaneshwar, Odisha

Sir,

I have entered into an Agreement with M/s.DLF Limited to purchase Space No. ________________ on

________________ floor in the said Complex.

Please enroll me as a member of DLF Cyber City Owners Association and I herewith remit a sum of

Rs.________________________________ towards entrance fee of the said Association.

Kindly let me know the annual subscription fee to be paid and also let me have a copy of the by-laws of

the Premises owners Association.

Kindly keep me informed of the activities of the Association from time to time.

Thanking you,

Yours faithfully,

(_____________) X

Member

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

71

ANNEXURE-IX

UNDERTAKING

I,____________________________________________, S/o Shri ___________________________________,

R/o _______________________________________________________________________, have been

allotted Space No. _________________________________ on _________floor _________ block in DLF

Cyber City, Chandaka Industrial Estate, Chandrasekharpur, Bhubaneshwar, Odisha. I am aware

that M/s __________________________________________________ (The Maintenance Agency) is

entrusted with the task of providing maintenance services to the Said Building in the Said Land

including the supply of electricity to all the space owners for which purpose the Maintenance Agency

shall be applying for permission to receive bulk electric supply and distribute it to the various space

owners. The Maintenance Agency has informed me that they shall be responsible for receiving and

supplying the electricity supply in the Said Building/ Said Land, for sanctioning electricity load, for

installation of meters, billing and recovery etc. I am agreeable to receive the electricity supply from

the Maintenance Agency and I undertake that I shall not apply to Central Electricity Supply Utility of

Odisha (CESU) or any other distributing/Regulating/ Licensing Agency/Authority for direct

individual supply of electric power and I understand that I shall not be entitled for such direct

connection in view of the release of bulk electric supply to the Said Building.

X____________________

(Intending Allottee)

72

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

ANNEXURE-X

Computation of Escalation Charges is illustrated by way of an example hereunder:

Table A : Opening and Closing RBI Index

Table B :

Computation of Escalation Charges

0.978

Escalation as per this illustration shall be 0.978% of the Basic Sale Price i.e. Rs. 0.978

Basic Sale Price say, Rs.100

Construction Cost (25% of the Basic Sale Price) Rs.25

S.No. Items Weightages in Assumed Opening

Construction RBI Index (month assumed when

Cost (Aug, 2013) application for occupation

certificate made or after

expiry of 18 months

period i.e. Jan, 2015,

whichever is earlier)

1 Steel 1% 100 106

2 Cement 3% 100 96

3 Other Building Const. 70% 100 103

Material

4 Fuel & Power 1% 100 112

5 Labour 25% 100 107

Formula :ConstructionCost X Weight of the Item X {(Closing Index-Opening Index)/Opening Index)}

S.No. Items CALCULATIONS ESCALATION

Illustration for the assumed PERCENTAGE FOR THE

period ASSUMED PERIOD

1 Escalation in Steel 25X 1%x(106-100)/100 0.015

2 Escalation in Cement 25X 3%x(96-100)/100 -0.030

3 Escalation in Other Building 25X 70%x(103-100)/100 0.525

Const. Material

4 Escalation in Fuel & Power 25X 1% x(112-100)/100 0.030

5 Escalation in Labour 25X 25% x(107-100)/100 0.438

Total Escalation percentage

for the assumed period

Assumed Closing RBI Indexes

X......................................


X......................................

(Third Applicant)

X......................................

(Second Applicant)

73

PREPARED BY ...................................................... LEGAL DEPTT......................................................

CHECKED BY ....................................................... BROKER NAME, IF ANY.....................................

AUDITED BY ........................................................

DLF Limited Office : DLF IT Park, Ground Floor, Tower B, 08 Major Arterial Road, Block

AF, New Town, Rajarhat, Kolkata, West Bengal

Tel : +91 33 44103534

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