Common use of Additional Terms And Covenants Regarding The Total Price, Deposits, Extra Charges Etc Clause in Contracts

Additional Terms And Covenants Regarding The Total Price, Deposits, Extra Charges Etc. And The Payment Thereof i) It is agreed and understood between the Parties that in the event at any time prior to the expiry of the scheduled date of completion of the Project as envisaged at the time of registration of the Project under the Act and as extended from time to time: a) there be any change, modification, amendment, increase, decrease etc. in any of the Taxes comprising the Total Price, Extras and Deposits and/or the manner of computation thereof including but not limited to due to change of/in Applicable Laws; and/or b) any new and/or fresh taxes, cesses, assessments, duties, levies, charges, impositions etc. (central, state or local) by whatever name called be imposed, levied, notified etc. with retrospective effect or otherwise including but not limited to the Project and/or the Said Unit and/or this Agreement and/or the transaction contemplated under this Agreement; and/or then in such an event, each and/or some of the several amounts payable by and/or to be deposited by the Allottee shall accordingly stand increased or decreased, as the case may be, and further some additional amounts may become payable by the Allottee, and the Allottee hereby covenant(s) and undertake(s) to make timely payment/deposit of each of such amounts in terms of the demand(s) and/or revised demands raised by the Promoter provided that in no event shall the Allottee be entitled to call upon the Promoter to refund any amount since then already paid by the Allottee to the Promoter. ii) The Allottee shall be bound and obliged to and undertake(s) and covenant(s) to make payment of and/or deposit each amount within the timelines determined/ designated by the Promoter for the same, and while the Promoter shall periodically intimate in writing to the Allottee the amount payable and the Allottee shall make pay/deposit the amount(s) as demanded by the Promoter within the time period and in the manner specified in such intimation, the Allottee has covenanted and undertaken to and further hereby and hereunder covenant(s) and undertake(s) to make payment of the Total Price in terms of the Payment Plan, it being recorded that the Allottee has informed the Promoter that such schedule of payment comprising the Payment Plan is more convenient to/for the Allottee, and the Allottee covenant(s) and undertake(s) to make each of such payments as and when the same become due. iii) The Allottee shall be bound and obliged to and undertake(s) to: (i) deposit with the concerned authorities, the TDS if any deducted, within the 7th (seventh) day of the month succeeding the month of payment; and (ii) issue and hand over to the Promoter, the relevant TDS certificate within the time period stipulated by Applicable Laws, failure whereof shall attract and accrue interest on the amount so deducted for the period of default/delay, such interest to be calculated at the rate prescribed/prevailing under the Applicable Laws governing the subject matter of TDS (“TDS Interest”). Delay caused by the Allottee in fulfilling the aforesaid obligation shall be deemed to be an event of default by the Allottee in his/her/ their/its payment obligations, which shall entail the same consequences as stated in para/clause 34.4 herein. iv) In case the Promoter condones the default of the Allottee in making timely payment of and/or in depositing any amount and/or in depositing the TDS and/or furnishing the TDS certificate within the stipulated timeline(s), then and in such an event, the Allottee shall, along with the outstanding dues and/or arrears, pay to the Promoter, the Interest and/or the TDS Interest, as the case may be, on each of the amounts remaining unpaid/outstanding for the period of default/delay until the date of actual realization thereof together with the administrative charges in terms of the then prevailing policy of the Promoter in respect thereof. Any condonation granted by the Promoter shall not amount to waiver of the future defaults and/or the breaches and/or delays of/by the Allottee and shall be without prejudice to the other rights of the Promoter. v) Notwithstanding anything to the contrary stated anywhere in this Agreement, any payment made by the Allottee (notwithstanding any specific instruction regarding the same having been given/issued by the Allottee) shall, at the first instance, be applied by the Promoter towards payment of the Interest and the TDS Interest ascertained by the Promoter as due and payable by the Allottee, and thereafter, the balance, if any, shall be utilized towards adjustment of the defaulted/delayed payments due from the Allottee as ascertained by the Promoter, and the Allottee authorize(s) and empower(s) the Promoter to so adjust and/or appropriate all payments made by the Allottee, and the Allottee undertake(s) not to object to the same and/or to demand/direct the Promoter to adjust the payments in any manner. vi) All payments shall be made by the Allottee at the office of the Promoter against proper receipts and in no event shall the Allottee be entitled to set up any oral agreement regarding payment or otherwise. Further, all costs in respect of any payment being made by outstation/dollar cheques, shall be borne and paid by the Allottee. Furthermore, on the dishonour of any banking negotiable instrument on any ground whatsoever, without prejudice to the other rights and remedies of the Promoter and/or of the Other Entities, the Allottee shall compensate the Promoter and/or the Other Entities for every such dishonour by making payment of Rs. 1500/- (Rupees One Thousand Five Hundred only) and applicable taxes, if any, and the Allottee accept(s) and consent(s) to the same. vii) In the event the Allottee is a Person of Indian Origin and/or a Non-Resident Indian (as such terms are respectively defined/described under the governing Applicable Laws), the Allottee confirm(s) that all remittances shall be made in compliance with all Applicable Laws as modified/revised from time to time, and the Allottee shall provide the Promoter with all certifications, declarations etc. pertaining to/in support thereof. viii) All refunds, if any in terms of this Agreement, even to Non-Resident Indians and/or Persons of Indian Origin shall be made in Indian Rupees unless mandated otherwise by the then prevailing Applicable Laws.

Additional Terms And Covenants Regarding The Total Price, Deposits, Extra Charges Etc. And AND THE PAYMENT THEREOF i. In consideration of this Agreement and as and by way of consideration for being granted the specific rights and/or permissions of the nature stipulated in this Agreement, and accepting each of the terms and conditions stipulated in this Agreement, in addition to payment of the Total Price, the Allottee shall be liable and responsible to and hereby agree(s) and undertake(s) to make payment of the various amounts as determined by the CGEWHO including those as and by way of Deposits, Extra Charges, Common Expenses etc. (each together with the applicable Taxes thereon) to the CGEWHO and/or to any Governmental Authority(ies) and/or to any statutory/quasi-statutory authorities/ bodies, each as identified and stipulated by the CGEWHO, each to be paid/deposited within such time frames as may be determined by the CGEWHO, it being unequivocally agreed, understood, acknowledged and accepted by the Allottee that without making payment of the entirety of each of the Total Price, Deposits, Extra Charges, Interest(as defined hereinafter) (if any), TDS Interest (if any) amongst others, each in the manner and within the time periods stipulated by the CGEWHO and fulfilling each of his/her/their/its obligations, all to the satisfaction of the CGEWHO, the Allottee shall not be entitled to call upon the CGEWHO to hand over the Said Apartment, and further without making payment of the Common Expenses, the Allottee and/or his/her/their/its Permitted Transferee(s) and/or permitted users/occupiers shall not be entitled to use and enjoy and/or to continue the user and enjoyment of the Common Areas. ii. In addition to the Total Price, the Allottee shall also bear and pay the taxes (consisting of tax paid or payable by way of GST and all levies, duties and cesses or any other indirect taxes which may be levied, in connection with the construction of and carrying out the Residential Complex and/or with respect to the said Flat and/or this Agreement). It is clarified that all such taxes, levies, duties, cesses (whether applicable/payable now or which may become applicable/payable in future) including GST, Service Tax, Value Added Tax and all other indirect and direct taxes, duties and impositions applicable levied by the Central Government and/or the State Government and/or any local, public or statutory authorities/bodies on any amount payable under this Agreement and/or on the transaction contemplated herein and/or in relation to the said Flat, shall be borne and paid by the Allottee alone and the CGEWHO shall not be liable to bear or pay the same or any part thereof; iii. Interest(as defined hereinafter) for defaulting period and defaulting amount in paying instalment beyond the last date of instalment. Equalisation charges at the same rate of Interest(as defined hereinafter) shall also be charged from the Allottees who may join late for the period from the scheme closure date till the date of payment. iv. The following charges shall be paid as at actual or at fixed percentage in addition to the amount as mentioned and recorded by the CGEWHO in the Payment ThereofPlan morefully described and mentioned in the Sixth Schedule hereunder written:- i(a) Cost of providing individual electric meter and security deposit; (b) Stamp Duty/Registration Charges/Commissioning charges and other Incidental Expenses; interest free maintenance fund to (c) An amount equivalent to one point five percent of the total price or consideration of the said Flat/Apartment is payable towards cover major capital works, unexpected emergencies and long-term repair costs together with GST as applicable. (d) Legal/documentation Charges per flat/apartment. Documentation charges exclude registration charges, stamp duty and registration fees, which shall be paid extra by the Allottee. v. If at any time the said CGEWHO shall be liable to make payment of any amount on account of various rates and taxes and/or statutory outgoings and/or impositions including but not limited to goods and service tax the Allottee shall be liable and agrees to make payment of the amount on account of such statutory outgoings and goods and service tax and has agreed to keep the CGEWHO indemnified against all actions, suits, proceedings, claims, demands, damages, losses and impositions. Any surplus if remains with the CGEWHO on account of the deposits as mentioned in clause “36.2 (iv) ( c)” above from the Allottee, the CGEWHO will hand over such surplus of such deposits if not adjusted to the association of the Allottee and/or the owners/occupants of the said Residential Complex upon its formation provided there shall be no default on the part of the Allottee in making payment as mentioned hereinabove. vi. The CGEWHO shall be entitled to securitize the Total Price and other amounts payable by the Allottee under this Agreement (or any part thereof), in the manner permissible under the Act/Rules, in favour of any persons including banks/financial institutions and shall also be entitled to transfer and assign to any persons the right to directly receive the Total Price and other amounts payable by the Allottee under this Agreement or any part thereof. Upon receipt of such intimation from the CGEWHO, the Allottee shall be required to make payment of the Total Price and other amounts payable in accordance with this Agreement, in the manner as intimated. vii. In the event of the Allottee obtaining any financial assistance and/or housing loan from any bank/financial institution, the CGEWHO shall act in accordance with the instructions of the bank/financial institution in terms of the tripartite agreement between the CGEWHO, Allottee and the Bank/financial institution SUBJECT HOWEVER that such bank/financial institution shall be required to disburse/pay all such amounts due and payable to the CGEWHO under this Agreement and in no event the CGEWHO shall assume any liability and/or responsibility for any loan and/or financial assistance which may be obtained by the Allottee from such bank/financial institution. viii. It is agreed and understood between the Parties that in the event at any time prior to the expiry of the scheduled date of completion of the Project Residential Complex as envisaged at the time of registration of the Project Residential Complex under the Act and as extended from time to time: a) there be any changenew, modification, amendment, increase, decrease etc. in any of the Taxes comprising the Total Price, Extras and Deposits and/or the manner of computation thereof including but not limited to due to change of/in Applicable Laws; and/or b) any new and/or fresh taxes, cesses, assessments, duties, levies, charges, impositions etc. (central, state or local) by whatever name called be imposed, levied, notified etc. with retrospective effect or otherwise including but not limited to on the Project Residential Complex and/or the Said Unit Flat/Apartment and/or the Parking Space and/or this Agreement and/or the transaction contemplated under this Agreement; and/or b) there be any other increase in charges which may be levied or imposed by any Governmental Authority and/or the Competent Authority from time to time; then in such an event, each and/or some of the several amounts payable by and/or to be deposited by the Allottee shall accordingly stand increased or decreased, as the case may be, and further some additional amounts may become payable by the Allottee, and the Allottee hereby covenant(s) and undertake(s) to make timely payment/deposit of each of such amounts in terms of the demand(s) and/or revised demands raised by the Promoter CGEWHO provided that in no event shall the Allottee be entitled to call upon the Promoter CGEWHO to refund any amount since then already paid by the Allottee to the PromoterCGEWHO. ii) ix. The Allottee shall be bound and obliged to and undertake(s) and covenant(s) to make timely payment of and/or deposit each amount within all the timelines determined/ designated amounts payable by the Promoter for Allottee under this Agreement (including the sameTotal Price ), and while is the Promoter shall periodically intimate in writing essence of the contract. An intimation forwarded by the CGEWHO to the Allottee that a particular milestone of construction has been achieved shall be sufficient proof thereof. The CGEWHO demonstrating dispatch of such intimation to the amount payable address of the Allottee as stated at Clause 29 (Notice) including by e-mail, shall be conclusive proof of service of such intimation by the CGEWHO upon the Allottee and non-receipt thereof by the Allottee shall make pay/deposit the amount(s) as demanded by the Promoter within the time period and in the manner specified in such intimation, the Allottee has covenanted and undertaken to and further hereby and hereunder covenant(s) and undertake(s) to make not be a plea or an excuse for non-payment of the Total Price in terms of the Payment Plan, it being recorded that the Allottee has informed the Promoter that such schedule of payment comprising the Payment Plan is more convenient to/for the Allottee, and the Allottee covenant(s) and undertake(s) to make each of such payments as and when the same become dueany amount or amounts. iii) The Allottee shall be bound and obliged to and undertake(s) to: (i) deposit with x. In the concerned authorities, the TDS if any deducted, within the 7th (seventh) day event of the month succeeding the month of payment; and (ii) issue and hand over to the Promoter, the relevant TDS certificate within the time period stipulated by Applicable Laws, failure whereof shall attract and accrue interest delay and/or default on the amount so deducted for the period of default/delay, such interest to be calculated at the rate prescribed/prevailing under the Applicable Laws governing the subject matter of TDS (“TDS Interest”). Delay caused by the Allottee in fulfilling the aforesaid obligation shall be deemed to be an event of default by the Allottee in his/her/ their/its payment obligations, which shall entail the same consequences as stated in para/clause 34.4 herein. iv) In case the Promoter condones the default part of the Allottee in making timely payment of and/or in depositing any amount and/or in depositing GST, Service Tax, VAT, TDS or any other tax, levies, cess etc., then without prejudice to any other rights or remedies available to the TDS and/or furnishing CGEWHO under this Agreement or under applicable law, the TDS certificate within CGEWHO shall be entitled to adjust against any subsequent amounts received from the stipulated timeline(sAllottee, the said unpaid tax, levy, cess etc. along with interest(as defined hereinafter), then and in such an eventpenalty etc. payable thereon, from the Allottee shall, along with the outstanding dues and/or arrears, pay to the Promoter, the Interest and/or the TDS Interest, as the case may be, on each of the amounts remaining unpaid/outstanding for the period of default/delay until due date till the date of actual realization thereof together with the administrative charges adjustment xi. The CGEWHO in terms of the then prevailing policy relevant provisions as laid down in WBHIRA Act has taken necessary steps and opened a savings bank account being No. 0267101525022 with the XXXXXX XXXX XXXXX XXXXXXXXX XXXX- X XXX XXXXX -000000 for the purpose of the Promoter in respect thereofinstant Residential Project (hereinafter referred to as the Project Bank Account) and all payments collected from intending Allottees of flats/units/apartments shall be routed through the instant bank account. Any condonation granted by This account shall be created only for the Promoter shall not amount to waiver purpose of the future defaults and/or instant Residential Project and after completion of all statutory compliances or otherwise the breaches and/or delays of/by the Allottee and CGEWHO shall be without prejudice to the other rights of the Promoter. v) Notwithstanding anything to the contrary stated anywhere in this Agreement, any payment made by the Allottee (notwithstanding any specific instruction regarding the same having been given/issued by the Allottee) shall, at the first instance, be applied by the Promoter towards payment of the Interest and the TDS Interest ascertained by the Promoter as due and payable by the Allottee, and thereafter, the balance, if any, shall be utilized towards adjustment of the defaulted/delayed payments due from the Allottee as ascertained by the Promoter, and the Allottee authorize(s) and empower(s) the Promoter to so adjust and/or appropriate all payments made by the Allottee, and the Allottee undertake(s) not to object to the same and/or to demand/direct the Promoter to adjust the payments in any manner. vi) All payments shall be made by the Allottee at the office of the Promoter against proper receipts and in no event shall the Allottee be entitled to set up any oral agreement regarding payment or otherwiseclose the account. Further, all costs in respect of any payment being made by outstation/dollar cheques, shall be borne and paid by the Allottee. Furthermore, on the dishonour of any banking negotiable instrument on any ground whatsoever, without prejudice to the other rights and remedies All relevant particulars of the Promoter and/or of the Other Entities, the Allottee shall compensate the Promoter and/or the Other Entities for every such dishonour by making payment of Rssaid Project Bank Account are set out hereinafter:- (a) Account Name – CGEWHO KOLKATA PH 3 HO ACC; (b) Account No. 1500/- (Rupees One Thousand Five Hundred only) and applicable taxes, if any, and the Allottee accept(s) and consent(s) to the same. vii) In the event the Allottee is a Person of Indian Origin and/or a Non-Resident Indian (as such terms are respectively defined/described under the governing Applicable Laws), the Allottee confirm(s) that all remittances shall be made in compliance with all Applicable Laws as modified/revised from time to time, and the Allottee shall provide the Promoter with all certifications, declarations etc. pertaining to/in support thereof. viii) All refunds, if any in terms of this Agreement, even to Non-Resident Indians and/or Persons of Indian Origin shall be made in Indian Rupees unless mandated otherwise by the then prevailing Applicable Laws.0267101525022;

Additional Terms And Covenants Regarding The Total Price, Deposits, Extra Charges Etc. And The Payment Thereof i) It is agreed and understood between the Parties that in the event at any time prior to the expiry of the scheduled date of completion of the Project as envisaged at the time of registration of the Project under the Act and as extended from time to time: a) there be any change, modification, amendment, increase, decrease etc. in any of the Taxes comprising the Total Price, Extras and Deposits and/or the manner of computation thereof including but not limited to due to change of/in Applicable Laws; and/or b) any new and/or fresh taxes, cesses, assessments, duties, levies, charges, impositions etc. (central, state or local) by whatever name called be imposed, levied, notified etc. with retrospective effect or otherwise including but not limited to the Project and/or the Said Unit and/or this Agreement and/or the transaction contemplated under this Agreement; and/or then and/orthen in such an event, each and/or some of the several amounts payable by and/or to be deposited by the Allottee shall accordingly stand increased or decreased, as the case may be, and further some additional amounts may become payable by the Allottee, and the Allottee hereby covenant(s) and undertake(s) to make timely payment/deposit of each of such amounts in terms of the demand(s) and/or revised demands raised by the Promoter provided that in no event shall the Allottee be entitled to call upon the Promoter to refund any amount since then already paid by the Allottee to the Promoter. ii) The Allottee shall be bound and obliged to and undertake(s) and covenant(s) to make payment of and/or deposit each amount within the timelines determined/ designated by the Promoter for the same, and while the Promoter shall periodically intimate in writing to the Allottee the amount payable and the Allottee shall make pay/deposit the amount(s) as demanded by the Promoter within the time period and in the manner specified in such intimation, the Allottee has covenanted and undertaken to and further hereby and hereunder covenant(s) and undertake(s) to make payment of the Total Price in terms of the Payment Plan, it being recorded that the Allottee has informed the Promoter that such schedule of payment comprising the Payment Plan is more convenient to/for the Allottee, and the Allottee covenant(s) and undertake(s) to make each of such payments as and when the same become due. iii) The Allottee shall be bound and obliged to and undertake(s) to: (i) deposit with the concerned authorities, the TDS if any deducted, within the 7th (seventh) day of the month succeeding the month of payment; and (ii) issue and hand over to the Promoter, the relevant TDS certificate within the time period stipulated by Applicable Laws, failure whereof shall attract and accrue interest on the amount so deducted for the period of default/delay, such interest to be calculated at the rate prescribed/prevailing under the Applicable Laws governing the subject matter of TDS (“TDS Interest”). Delay caused by the Allottee in fulfilling the aforesaid obligation shall be deemed to be an event of default by the Allottee in his/her/ their/its payment obligations, which shall entail the same consequences as stated in para/clause 34.4 herein. iv) In case the Promoter condones the default of the Allottee in making timely payment of and/or in depositing any amount and/or in depositing the TDS and/or furnishing the TDS certificate within the stipulated timeline(s), then and in such an event, the Allottee shall, along with the outstanding dues and/or arrears, pay to the Promoter, the Interest and/or the TDS Interest, as the case may be, on each of the amounts remaining unpaid/outstanding for the period of default/delay until the date of actual realization thereof together with the administrative charges in terms of the then prevailing policy of the Promoter in respect thereof. Any condonation granted by the Promoter shall not amount to waiver of the future defaults and/or the breaches and/or delays of/by the Allottee and shall be without prejudice to the other rights of the Promoter. v) Notwithstanding anything to the contrary stated anywhere in this Agreement, any payment made by the Allottee (notwithstanding any specific instruction regarding the same having been given/issued by the Allottee) shall, at the first instance, be applied by the Promoter towards Promotertowards payment of the Interest and the TDS Interest ascertained by the Promoter as due and payable by the Allottee, and thereafter, the balance, if any, shall be utilized towards adjustment of the defaulted/delayed payments due from the Allottee as ascertained by the Promoter, and the Allottee authorize(s) and empower(s) the Promoter to so adjust and/or appropriate all payments made by the Allottee, and the Allottee undertake(s) not to object to the same and/or to demand/direct the Promoter to adjust the payments in any manner. vi) All payments shall be made by the Allottee at the office of the Promoter against proper receipts and in no event shall the Allottee be entitled to set up any oral agreement regarding payment or otherwise. Further, all costs in respect of any payment being made by outstation/dollar cheques, shall be borne and paid by the Allottee. Furthermore, on the dishonour dishonor of any banking negotiable instrument on any ground whatsoever, without prejudice to the other rights and remedies of the Promoter and/or of the Other Entities, the Allottee shall compensate the Promoter and/or the Other Entities for every such dishonour dishonor by making payment of Rs. 1500/- (Rupees One Thousand Five Hundred only) and applicable taxes, if any, and the Allottee accept(s) and consent(s) to the same. vii) In the event the Allottee is a Person of Indian Origin and/or a Non-Resident Indian (as such terms are respectively defined/described under the governing Applicable Laws), the Allottee confirm(s) that all remittances shall be made in compliance with all Applicable Laws as modified/revised from time to time, and the Allottee shall provide the Promoter with all certifications, declarations etc. pertaining to/in support thereof. viii) All refunds, if any in terms of this Agreement, even to Non-Resident Indians and/or Persons of Indian Origin shall be made in Indian Rupees unless mandated otherwise by the then prevailing Applicable Laws.

Additional Terms And Covenants Regarding The Total Price, Deposits, Extra Charges Etc. And The Payment Thereof i) It is agreed In consideration of this Agreement and understood between as and by way of consideration for being granted the Parties that in the event at any time prior to the expiry specific rights and/or permissions of the scheduled date of completion nature stipulated in this Agreement, and accepting each of the Project as envisaged at the time terms and conditions stipulated in this Agreement, in addition to payment of registration of the Project under the Act and as extended from time to time: a) there be any change, modification, amendment, increase, decrease etc. in any of the Taxes comprising the Total Price, Extras and Deposits and/or the manner of computation thereof including but not limited to due to change of/in Applicable Laws; and/or b) any new and/or fresh taxes, cesses, assessments, duties, levies, charges, impositions etc. (central, state or local) by whatever name called be imposed, levied, notified etc. with retrospective effect or otherwise including but not limited to the Project and/or the Said Unit and/or this Agreement and/or the transaction contemplated under this Agreement; and/or then in such an event, each and/or some of the several amounts payable by and/or to be deposited by the Allottee shall accordingly stand increased or decreased, as the case may be, be liable and further some additional amounts may become payable by the Allottee, and the Allottee hereby covenant(s) and undertake(s) to make timely payment/deposit of each of such amounts in terms of the demand(s) and/or revised demands raised by the Promoter provided that in no event shall the Allottee be entitled to call upon the Promoter to refund any amount since then already paid by the Allottee to the Promoter. ii) The Allottee shall be bound and obliged responsible to and undertake(s) and covenant(s) to make payment of and/or deposit each amount within the timelines determined/ designated by the Promoter for the same, and while the Promoter shall periodically intimate in writing to the Allottee the amount payable and the Allottee shall make pay/deposit the amount(s) as demanded by the Promoter within the time period and in the manner specified in such intimation, the Allottee has covenanted and undertaken to and further hereby and hereunder covenant(sagree(s) and undertake(s) to make payment of the Total Price in terms of various amounts as determined by the Payment PlanPromoter (each together with the applicable Taxes thereon) to the Promoter and/or other entities, each as identified and stipulated by the Promoter, each to be paid/deposited within such time frames as may be determined by the Promoter, it being recorded that unequivocally agreed, understood, acknowledged and accepted by the Allottee has informed as follows:- a) that certain deposits are in the Promoter that such schedule nature of payment comprising the Payment Plan is more convenient to/for the Allotteetransferable deposits and/or funds, and the Allottee covenant(s) and undertake(s) to make each of such payments as and when the same become due. iii) The Allottee which shall be bound and obliged to and undertake(s) to: (i) deposit with the concerned authorities, the TDS if any deducted, within the 7th (seventh) day of the month succeeding the month of payment; and (ii) issue and hand over to held by the Promoter, the relevant TDS certificate within the time period stipulated by Applicable Laws, failure whereof shall attract free of interest and accrue interest on the amount so deducted for the period of default/delay, such interest to be calculated at the rate prescribed/prevailing under the Applicable Laws governing the subject matter of TDS (“TDS Interest”). Delay caused by the Allottee in fulfilling the aforesaid obligation shall be deemed to be an event of default by the Allottee in his/her/ their/its payment obligations, which shall entail the same consequences as stated in para/clause 34.4 herein. iv) In case the Promoter condones the default of the Allottee in making timely payment of and/or in depositing any amount and/or in depositing the TDS and/or furnishing the TDS certificate within the stipulated timeline(s), then and in such an event, the Allottee shall, along with the outstanding dues and/or arrears, pay to the Promoter, the Interest and/or the TDS Interest, as the case may be, on each of the amounts remaining unpaid/outstanding for the period of default/delay until the date of actual realization thereof together with the administrative charges in terms of the then prevailing policy of the Promoter in respect thereof. Any condonation granted made over by the Promoter shall not amount to waiver of the future defaults and/or the breaches and/or delays of/by the Allottee and shall be without prejudice to the other rights of the Promoter. v) Notwithstanding anything Association after its formation, subject to the contrary stated anywhere in this Agreement, any payment made by the Allottee (notwithstanding any specific instruction regarding the same having been given/issued by the Allottee) shall, at the first instance, be applied by the Promoter towards payment of the Interest and the TDS Interest ascertained by the Promoter as due and payable by the Allottee, and thereafter, the balancedeductions, if any, shall be utilized towards adjustment of the defaulted/delayed payments due from the Allottee as ascertained by the Promoter; b) that without making payment of the entirety of each of the Total Price, Interest (if any), TDS Interest (if any) amongst others, each in the manner and within the Allottee authorize(s) and empower(s) time periods stipulated by the Promoter to so adjust and/or appropriate and fulfilling each of his/her/their/its obligations, all payments made by the Allottee, and the Allottee undertake(s) not to object to the same and/or to demand/direct the Promoter to adjust the payments in any manner. vi) All payments shall be made by the Allottee at the office satisfaction of the Promoter against proper receipts and in no event shall the Allottee be entitled to set up any oral agreement regarding payment or otherwise. Further, all costs in respect of any payment being made by outstation/dollar cheques, shall be borne and paid by the Allottee. Furthermore, on the dishonour of any banking negotiable instrument on any ground whatsoever, without prejudice to the other rights and remedies of the Promoter and/or of the Other EntitiesPromoter, the Allottee shall compensate not be entitled to call upon the Promoter and/or to hand over the Other Entities for every such dishonour by Said Apartment And Properties Appurtenant, and further without making payment of Rs. 1500/- (Rupees One Thousand Five Hundred only) and applicable taxes, if any, and the Allottee accept(s) and consent(s) to the same. vii) In the event the Allottee is a Person of Indian Origin and/or a Non-Resident Indian (as such terms are respectively defined/described under the governing Applicable Laws)Common Expenses, the Allottee confirm(sand/or his/her/their/its Permitted Transferee(s) that all remittances and/or permitted users/occupiers shall not be made in compliance with all Applicable Laws as modified/revised from time entitled to time, use and enjoy and/or to continue the Allottee shall provide user and enjoyment of the Promoter with all certifications, declarations etc. pertaining to/in support thereofCommon Areas. viii) All refunds, if any in terms of this Agreement, even to Non-Resident Indians and/or Persons of Indian Origin shall be made in Indian Rupees unless mandated otherwise by the then prevailing Applicable Laws.

Additional Terms And Covenants Regarding The Total Price, Deposits, Extra Charges Etc. And The Payment Thereof i) In consideration of this Agreement and as and by way of consideration for being granted the specific rights and/or permissions of the nature stipulated in this Agreement, and accepting each of the terms and conditions stipulated in this Agreement, in addition to payment of the Total Price, the Allottee shall be liable and responsible to and hereby agree(s) and undertake(s) to make payment of the various amounts as determined by the Promoter (each together with the applicable Taxes thereon) to the Promoter and/or other entities, each as identified and stipulated by the Promoter, each to be paid/deposited within such time frames as may be determined by the Promoter, it being unequivocally agreed, understood, acknowledged and accepted by the Allottee as follows:- a) that certain deposits are in the nature of transferable deposits and/or funds, which shall be held by the Promoter, free of interest and shall be made over by the Promoter to the Association after its formation, subject to deductions, if any, as ascertained by the Promoter; b) that without making payment of the entirety of each of the Total Price, Interest (if any), TDS Interest (if any) amongst others, each in the manner and within the time periods stipulated by the Promoter and fulfilling each of his/her/their/its obligations, all to the satisfaction of the Promoter, the Allottee shall not be entitled to call upon the Promoter to hand over the Said Unit And Properties Appurtenant, and further without making payment of the Common Expenses, the Allottee and/or his/her/their/its Permitted Transferee(s) and/or permitted users/occupiers shall not be entitled to use and enjoy and/or to continue the user and enjoyment of the Common Areas. ii) In no event shall the Allottee be entitled to or shall claim/demand any abatement or reduction or deduction in the Total Price on any ground whatsoever or howsoever provided that the Allottee shall only be entitled to deduct from the Unit & CP Price the amount, if any, towards the prevailing applicable tax deductible at source subject to the Applicable Laws (“TDS”). iii) It is agreed and understood between the Parties that in the event at any time prior to the expiry of the scheduled date of completion of the Project as envisaged at the time of registration of the Project under the Act and as extended from time to time: a) there be any change, modification, amendment, increase, decrease etc. in any of the Taxes comprising the Total Unit & CP Price, Extras and Deposits and/or the manner of computation thereof including but not limited to due to change of/in Applicable Laws; and/or b) any new and/or fresh taxes, cesses, assessments, duties, levies, charges, impositions etc. (central, state or local) by whatever name called be imposed, levied, notified etc. with retrospective effect or otherwise including but not limited to on the Project and/or the Said Unit And Properties Appurtenant and/or this Agreement and/or the transaction contemplated under this Agreement; and/or then in such an event, each and/or some of the several amounts payable by and/or to be deposited by the Allottee shall accordingly stand increased or decreased, as the case may be, and further some additional amounts may become payable by the Allottee, and the Allottee hereby covenant(s) and undertake(s) to make timely payment/deposit of each of such amounts in terms of the demand(s) and/or revised demands raised by the Promoter provided that in no event shall the Allottee be entitled to call upon the Promoter to refund any amount since then already paid by the Allottee to the Promoter. iiiv) The Allottee shall be bound and obliged to and undertake(s) and covenant(s) to make payment of and/or deposit each amount within the timelines determined/ designated by the Promoter for the same, and while the Promoter shall periodically intimate in writing to the Allottee the amount payable and the Allottee shall make pay/deposit the amount(s) as demanded by the Promoter within the time period and in the manner specified in such intimation, the Allottee has covenanted and undertaken to and further hereby and hereunder covenant(s) and undertake(s) to make payment of the Total Price in terms of the Payment Plan, it being recorded that the Allottee has informed the Promoter that such schedule of payment comprising the Payment Plan is more convenient to/for the Allottee, and the Allottee covenant(s) and undertake(s) to make each of such payments as and when the same become due. iiiv) The Allottee shall be bound and obliged to and undertake(s) to: (i) deposit with the concerned authorities, the TDS if any deducted, within the 7th (seventh) day of the month succeeding the month of payment; and (ii) issue and hand over to the Promoter, the relevant TDS certificate within the time period stipulated by Applicable Laws, failure whereof shall attract and accrue interest on the amount so deducted for the period of default/delay, such interest to be calculated at the rate prescribed/prevailing under the Applicable Laws governing the subject matter of TDS (“TDS Interest”). Delay caused by the Allottee in fulfilling the aforesaid obligation shall be deemed to be an event of default by the Allottee in his/her/ their/its payment obligations, which shall entail the same consequences as stated in para/clause 34.4 herein. ivvi) In case the Promoter condones the default of the Allottee in making timely payment of and/or in depositing any amount and/or in depositing the TDS and/or furnishing the TDS certificate within the stipulated timeline(s), then and in such an event, the Allottee shall, along with the outstanding dues and/or arrears, pay to the Promoter, the Interest and/or the TDS Interest, as the case may be, on each of the amounts remaining unpaid/outstanding for the period of default/delay until the date of actual realization thereof together with the administrative charges in terms of the then prevailing policy of the Promoter in respect thereof. Any condonation granted by the Promoter shall not amount to waiver of the future defaults and/or the breaches and/or delays of/by the Allottee and shall be without prejudice to the other rights of the Promoter. v) Notwithstanding anything to the contrary stated anywhere in this Agreement, any payment made by the Allottee (notwithstanding any specific instruction regarding the same having been given/issued by the Allottee) shall, at the first instance, be applied by the Promoter towards payment of the Interest and the TDS Interest ascertained by the Promoter as due and payable by the Allottee, and thereafter, the balance, if any, shall be utilized towards adjustment of the defaulted/delayed payments due from the Allottee as ascertained by the Promoter, and the Allottee authorize(s) and empower(s) the Promoter to so adjust and/or appropriate all payments made by the Allottee, and the Allottee undertake(s) not to object to the same and/or to demand/direct the Promoter to adjust the payments in any manner. vi) All payments shall be made by the Allottee at the office of the Promoter against proper receipts and in no event shall the Allottee be entitled to set up any oral agreement regarding payment or otherwise. Further, all costs in respect of any payment being made by outstation/dollar cheques, shall be borne and paid by the Allottee. Furthermore, on the dishonour of any banking negotiable instrument on any ground whatsoever, without prejudice to the other rights and remedies of the Promoter and/or of the Other Entities, the Allottee shall compensate the Promoter and/or the Other Entities for every such dishonour by making payment of Rs. 1500/- (Rupees One Thousand Five Hundred only) and applicable taxes, if any, and the Allottee accept(s) and consent(s) to the same. vii) In the event the Allottee is a Person of Indian Origin and/or a Non-Resident Indian (as such terms are respectively defined/described under the governing Applicable Laws), the Allottee confirm(s) that all remittances shall be made in compliance with all Applicable Laws as modified/revised from time to time, and the Allottee shall provide the Promoter with all certifications, declarations etc. pertaining to/in support thereof. viii) All refunds, if any in terms of this Agreement, even to Non-Resident Indians and/or Persons of Indian Origin shall be made in Indian Rupees unless mandated otherwise by the then prevailing Applicable Laws.