Common use of COMPLETION AND POSSESSION Clause in Contracts

COMPLETION AND POSSESSION. 5.1. Time is the essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Apartment(s) to the Allottee and the common areas to the Association of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment (hereinafter referred to as “the Notice of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid to the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the Promoter.

COMPLETION AND POSSESSION. 5.1. Time is The balance of the essence purchase price shall be paid on or before 4 pm on the date for completion in exchange for: possession (to be vacant except for the Promoter as well as tenancies); a duly executed Transfer in favour of the AllotteeBuyer capable of immediate registration free from encumbrances other than those specified in Item K; the duplicate of the instrument of title (if issued); all keys, codes or devices in the Seller’s possession or control for all locks and security systems on the property; any document the Seller may be required to produce under clause 16.1; and in the case of land being subject to any tenancies, the Seller’s executed and stamped copies of all instruments (if any) evidencing such tenancies and copies of all written records and documents relating to such tenancies, including (without limitation) all original signed inspection reports, and records of rental payments by the current tenant, required under the Residential Tenancies Act. The Promoter Buyer shall abide tender a Transfer, duly executed by the time schedule for completing the project and handing over the Apartment(s) Buyer, to the Allottee Seller within 5 working days of the date of this Contract, or where completion of this Contract is subject to the issue of (or service upon one party of notice of the issue of) a separate title to the land included in the property, within 5 working days of the date upon which that condition is satisfied. Subject to clause 3.4, the Seller shall deliver to the Buyer: the Transfer, duly executed by the Seller, to be held in escrow by the Buyer for the purpose of stamping only; and a settlement statement providing particulars of all necessary adjustments to the purchase price and the common areas manner in which the balance of that purchase price is to be paid, no later than 3 working days before the date for completion. Instead of delivering a signed Transfer to the Association of Buyer at least 3 working days before the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarlydate for completion, the Allottee shall make timely payments of Seller may elect to present the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) signed Transfer to the AllotteeCommissioner of Taxes for assessment of duty no later than 3 working days before the date for completion, in which case: the Promoter agrees to pay to Buyer shall promptly upon demand, provide the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest Seller with applicable taxes as specified in a lodgement number for the Rule, on all Contract; the amounts Buyer must reimburse the Seller for the duty paid by the Allottee, Seller upon the Transfer; and the Seller shall deliver the signed stamped Transfer to the Buyer upon completion in exchange for every month of delay, till handing over the balance of the possession.purchase price, and, if the Seller has paid the duty upon the Transfer and has not been reimbursed by the Buyer, the amount of duty payable upon the Transfer. Unless otherwise stated in this Contract, or agreed by the parties, completion shall take place at the Land Titles Office specified in Item I. The Allottee agrees to pay balance of the purchase price shall be paid by bank cheque to the Promoter interest with applicable taxes as prescribed under Seller or the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages Seller’s conveyancer or any other amount which may be payable to person nominated in writing by the Promoter) within Seller on the Seller’s settlement statement. If for any reason a period of thirty (30) days bank cheque tendered on account of the terminationbalance of the purchase price is not paid on presentation, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter Buyer shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment (hereinafter referred to as “the Notice of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become remain liable to pay the Maintenance Charges and all other expenses necessary and incidental to amount of that cheque. If the management and maintenance Seller requires the balance of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required purchase price to be paid to by more than 3 bank cheques, the authorities concerned or Seller shall reimburse the Association, as may be decided shall be borne solely Buyer at completion for the cost of the fourth and each subsequent bank cheque required by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the PromoterSeller.

COMPLETION AND POSSESSION. 5.1. Time is A. Landlord shall exercise reasonable diligence and shall endeavor to have the essence premises ready for Tenant's possession on or before the Promoter as well as commencement date designated in the Allottee. The Promoter shall abide Preamble to this Lease, subject to delay by causes beyond the reasonable control of Landlord or by the time schedule for completing the project and handing over the Apartment(s) to the Allottee and the common areas to the Association action or inaction of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2Tenant. If the Promoter fails to abide by premises arc not ready for Tenant's possession within the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allotteemeaning of this Article 6 on such commencement date, then this Lease shall not be affected thereby but, in such case, the Promoter agrees commencement date shall be deemed to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from be postponed until the date when the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of premises are ready for Tenant's possession and Tenant shall not have any amount due claim against Landlord, and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment (hereinafter referred to as “the Notice of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter Landlord shall have no liability to Tenant, by reason of any such postponement. The parties hereto agree that this Article 6 constitutes an express provision as to the time at which Landlord may deliver possession of the premises to Tenant, and Tenant hereby waives any rights to rescind this Lease which Tenant might otherwise have pursuant to any law now or concern thereof;hereafter in force. B. The premises shall be conclusively deemed ready for Tenant's possession as soon as (1) a certificate (temporary or final) permitting occupancy of the premises for the permitted use has been issued by the required governmental body, and (2) the substantial completion of Landlord's Work, at which time the rent reserved and covenanted to be paid by Tenant under this Lease shall commence. The premises shall not be deemed to be unready for Tenant's possession or incomplete if (i) only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done in the premises, (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to delay in the management and maintenance availability of the Project as provided herein premises for possession shall be due to special work, changes, alterations or additions required or made by Tenant in respect of the said Residential Flat/Apartment and the Common Areas and facilities; premises, (iii) All taxescaused in whole or in part by Tenant through the delay of Tenant in submitting any plans and/or specifications, dutiessupplying information, leviesapproving plans, cessesspecifications or estimates, statutory charges etc. including GSTgiving authorizations or otherwise, deposits imposed(iv) caused in whole or in part by delay and/or default of the part of Tenant and/or its subtenant or subtenants, demanded or required to be paid to (v) the authorities concerned or telephone installation in the Associationpremises has not been completed. C. Tenant, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take entering into possession of the same on premises, shall be conclusively deemed to have agreed that Landlord up to the time of such possession has performed all of its obligations hereunder and that the premises are in satisfactory condition as is what is basis. Notwithstanding anything herein contained of the Promoter shall not be required to give date of such possession except only for latent defects. D. In the event possession of the premises (herein referred to as the "possession date") is delivered to Tenant pursuant to this Article 6 on a day other than the commencement date set forth in the Preamble to this Lease, then the commencement date shall be deemed to be the same day as the possession date and the termination date set forth in the Preamble to this Lease shall be adjusted accordingly and the term of the Lease, as also set forth in said Residential Flat/Apartment to Preamble, shall remain the Allottee/s till same. Upon the entire Consideration determination of the Rent Commencement Date, Landlord shall send Tenant a Rent Commencement Date Letter specifying the Rent Commencement Date, the termination date and all confirmation of certain other amounts due hereunder are paid by business terms of this Lease which Rent Commencement Letter shall become a part of this Lease and binding on Tenant and Landlord if Tenant does not give Landlord notice of its disagreement with any of the Allottee/s to provisions of such Rent Commencement Letter within ten (10) days after the Promoterdate of such Letter.

COMPLETION AND POSSESSION. 5.11. Time The decision of the Architects regarding the quality of materials used is and shall be final and binding on the essence Purchaser. It is clarified that event after the date of possession, the Purchaser shall not be entitled to raise any objection to or claim regarding the materials used in the construction and completion of the said Unit. The Unit shall for all purposes be deemed to be completed as far as the said Unit is internally completed with the fixtures and fittings affixed thereto as mentioned in the Fifth Schedule hereto and the Developer provides reasonable egress and ingress thereto and water and electric connection therein. 2. The decision of ACRE ARCHITECTS and FLXI ENGINEERING, Consulting Architect and Engineers regarding all measurement are and shall be final. 3. The said Unit shall be deemed to have been completed as and when the same is made fit for habitation. 4. Before the date of possession of the Unit, the Purchaser agrees and covenants: a) To pay to the Developer all amounts due and payable towards the cost of construction and completion of the said Unit as mentioned in the Third Schedule hereto and any sum payable for any additional work other than provided for in Fourth Schedule and proportionate costs of all payments made for extra common facilities to be provided to all occupiers of the said Building. b) To deposit amounts free of interest with the Developer for the Promoter purpose and subject to the conditions mentioned in the Fourth Schedule hereto. c) To pay to the Developer further amounts for the purpose mentioned in the Sixth Schedule hereto. d) To pay to the owner agreed consideration as well as mentioned in the AllotteeAgreement for Sale of land entered into between the parties. 5. The Promoter Immediately after the said Unit is ready and fit for habitation ( and in this regard the decision of the Architect for the time being shall abide be final and binding) the Developer shall serve a notice on the Purchaser and within 7 days from the date of such notice ( hereinafter called THE DATE OF POSSESSION ) the Purchaser shall be deemed to have taken physical possession of the said Unit upon making payment of the amounts due to be deposited by the time schedule for completing the project and handing over the Apartment(s) to the Allottee Purchaser as herein stated and the common areas Developer shall not be liable to the Association deliver possession of the Alottees after receiving said Unit until such time the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments Purchaser has made full payment of the installments and/or other dues payable amounts agreed to be paid by the Allottee and meeting the other obligations Purchaser under this Agreement or under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A Sale and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest has fully complied with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If herein contained and on the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination part of the Agreement as aforesaid, the Promoter shall refund purchaser to the Allottee (subject to adjustment be performed and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoterobserved. 5.46. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon That after completion of the said Apartment building in all respects every possible and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee habitable conditions in terms of this Agreementthe fourth schedule described herein below, JSHPL the developer shall hand over issue a letter of intimation for delivery of possession to the purchaser and the purchaser being intimated with such notice shall cause inspection of the saleable unit either by himself or by their appointed architect/surveyor and being satisfied with the quality and specification of the materials and other amenities as per schedule four herein below shall take physical possession of the said Residential Apartment along with flat/unit. The purchaser after taking the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take physical possession of the said Apartment/Residential Apartment (hereinafter referred saleable flat in building have no right to raise any dispute in any manner whatsoever as “the Notice of Possession”). It is made clear that handing over of possession regard quality, quantity, specification, measurement of the Apartment by JSHPL to the Allottee is subject to payment saleable unit or any portion of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3newly constructed building. 5.57. The Allottee within 20 (Twenty) days Form the date of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartmentpossession, the Allottee Purchaser shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable and agrees to pay such compensation as may be prescribed under and contribute the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter proportionate share of municipal rates multistoried tax and as agreed by the Allottee other taxes maintenance and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the Maintenance Charges service charges and all other expenses necessary and incidental to the management and maintenance of the Project as provided herein outgoings payable presently or which may be imposed or levied in future in respect of the said Residential Flat/Apartment Unit and proportionately for the Common Areas whole building and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid to the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession premises regularly and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give punctually whether actual physical possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid Unit is taken or not by the Allottee/s to the PromoterPurchaser.

COMPLETION AND POSSESSION. 5.1. Time is A. Landlord shall exercise reasonable diligence and shall endeavor to have the essence Premises ready for Tenant's possession on or before the Promoter as well as commencement date designated in the Allottee. The Promoter shall abide Preamble to this Lease, subject to delay by causes beyond the reasonable control of Landlord or by the time schedule for completing the project and handing over the Apartment(s) to the Allottee and the common areas to the Association action or inaction of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2Tenant. If the Promoter fails to abide by Premises are not ready for Tenant's possession within the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allotteemeaning of this Article 6 on such commencement date, then this Lease shall not be affected thereby but, in such case, the Promoter agrees commencement date shall be deemed to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from be postponed until the date when the said amount is payable by Premises are ready for Tenant's possession but the Allottee to Termination Date shall remain the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of same and Tenant shall not have any amount due claim against Landlord, and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment (hereinafter referred to as “the Notice of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter Landlord shall have no liability to Tenant, by reason of any such postponement. The parties hereto agree that this Article 6 constitutes an express provision as to the time at which Landlord may deliver possession of the Premises to Tenant, and Tenant hereby waives any rights to rescind this Lease which Tenant might otherwise have pursuant to any law now or concern thereof;hereafter in force. B. The Premises shall be conclusively deemed ready for Tenant's possession as soon as (1) a certificate (temporary or final) permitting occupancy of the Premises for the permitted use has been issued by the required governmental body, and (2) the substantial completion of Landlord's Work, at which time the rent reserved and covenanted to be paid by Tenant under this Lease shall commence. The Premises shall not be deemed to be unready for Tenant's possession or incomplete if (i) only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done in the Premises, (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to delay in the management and maintenance availability of the Project as provided herein Premises for possession shall be due to special work, changes, alterations or additions required or made by Tenant in respect of the said Residential Flat/Apartment and the Common Areas and facilities; Premises, (iii) All taxescaused in whole or in part by Tenant through the delay of Tenant in submitting any plans and/or specifications, dutiessupplying information, leviesapproving plans, cessesspecifications or estimates, statutory charges etc. including GSTgiving authorizations or otherwise, deposits imposed(iv) caused in whole or in part by delay and/or default of the part of Tenant and/or its subtenant or subtenants, demanded or required to be paid to (v) the authorities concerned or telephone installation in the AssociationPremises has not been completed. C. Tenant, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take entering into possession of the same on Premises, shall be conclusively deemed to have agreed that Landlord up to the time of such possession has performed all of its obligations hereunder and that the Premises are in satisfactory condition as is what is basis. Notwithstanding anything herein contained of the Promoter shall not be required to give date of such possession. D. In the event possession of the said Residential Flat/Apartment Premises (herein referred to as the Allottee/s till "possession date") is delivered to Tenant pursuant to this Article 6 on a day other than the entire Consideration and all other amounts due hereunder are paid by commencement date set forth in the Allottee/s Preamble to this Lease, then the Promotercommencement date shall be deemed to be the same day as the possession date but the Termination Date shall remain the same.

COMPLETION AND POSSESSION. 5.1. Time is the essence for the Promoter as well as the Allottee. 5.1 The Promoter shall abide by the time schedule for completing the project and handing over the Apartment(s) to the Allottee and the common areas to the Association of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter Developer shall complete and/or cause to complete the construction of the said Apartment within December 2019 excluding six Said Unit on or before ...................... (Completion Date) and same may be extended by 12 (twelve) months grace period. period (Extended Period) at the option of the Developer. 5.2 Upon construction, finishing and making the Said Unit usableand, after receipt of the certificate from the Architect as to completion of the said Apartment in all respects and upon obtaining Block „A‟, the Developer shall send notice to the Purchaser (hereinafter called the “Occupancy Certificate” from Letter of Handing Over”), requesting the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee Purchaser to take possession of the said Apartment/Residential Apartment (hereinafter referred to Said Unit within the time period as “specified in the Notice Letter of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5Handing Over. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure Purchaser agrees to take possession of the said ApartmentSaid Unit withinthe time period specified in the Letter of Handing Over after fulfilling all his/Residential Apartmenther/their/its obligations under this Agreement. The possession of the Said Unit shall be deemed to be handed over on the date on which the Purchaser takes possession of the Said Unit within the time period as specified in the Letter of Handing Over or the 15th day from the date of issue of the Letter of Handing Over, whichever is earlier(Possession Date). 5.3 At the request of the Purchaser, the Allottee Developer may at its option and subject to such conditions as it may deem fit, allow the Purchaser to have temporary access to the Said Unit for interiors and furniture works at his/her/their/its own costs provided prior full payment of the Sale Price, Additional Cost and Charges is made by the Purchaser. Cost incurred towards electricity charges for such works at the Said Unit shall be liable to pay holding charges reimbursed by the Purchaser to the Promoter which Developer as per debit note issued by the Developer.The Purchaser shall complete the interiors and furniture works without disturbing or causing inconvenience to the Developer or the purchasers/occupants of other flats and without making any change in the structure and construction of the Said Unit. During such period the Developer shall continue to be payable an amounting in possession of theSaid Unit and the Purchaser shall only have a revocable and temporary license to Rs.«Holding_Charges»/- along with applicable taxes have access to the same for the aforesaid limited purpose and shall not be entitled to actuallyoccupy, use or as prescribed under enjoy the Rules framed under RERA and/or WBHIRASaid Unit, till possession is given by the Developer by issuing the Letter of Handing Over. 5.65.4 The Developer shall not be responsible in case the Letter of Handing Over is not issued because of any of the following reasons: (a) The Purchaser having committed any default or breach of this Agreement including amount payable hereunder. (b) Any extra work/additions/alterations required to be carried out in the Said Unit as per the requirement and at the cost of the Purchaser, not completed. (c) Non-availability of steel, cement or any other building materials, water or electric supply, etc. Subject and/or due to the occurrence of any circumstances of Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA (defined in Clause 13.1 below) or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it for or on account of any other reasonable cause (for what is a reasonable estimate cause, the decision of the damages Architect shall be final and conclusive). 5.5 The obligations and covenants of the Purchaser in respect of the use, maintenance and enjoyment of the Said Unit including payment of Maintenance Charges, electricity charges, municipal rates and taxes and other taxes and outgoings as shall be applicable from time-to-time are binding on the Purchaser. It is expressly made clear that the Allottee may suffer liability of the Purchaser to make payment of all costs, expenses and outgoings in respect of the Allottee agrees that Said Unit including the Allottee Maintenance Charges, electricity charges, municipal taxes and other taxes and outgoings shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and commence from the Possession Date: (i) The said Residential Flat. Such liability shall continue till the same is paid by the Purchaser or this Agreement is cancelled/Apartment terminated by the Developer. From the Possession Date, the Purchaser shall be at entitled to the sole riskrights stipulated in the Sixth Schedule hereto and shall have the obligations stipulated in the Seventh Schedule in regard to the Said Unit. 5.6 The Purchaser shall, cost after possession is made over to him/her/them/it, use and consequences enjoy the Said Unit in a manner not inconsistent with his/her/their/its rights hereunder and without committing any breach, default or creating any hindrance to the rights of the Allottee other flat-owners and/or the Developer. 5.7 The Common Areas and Facilities as described in the Promoter Third Schedule hereunder written shall be ready for use as and when completed by the Developer and can be completed after the issue of Letter of Handing Over. The Purchaser will have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay objection for the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance Developer carrying out work of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded Facilities and other unfinished flats in Block „A‟ or required to be paid to other portions of the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking Said Complex after completion/handing over possession and in such an event; the Allottee/s will have to take possession of the Said Unit to the Purchaser. 5.8 The Common Areas and Facilities shall always be and remain subject to change and modification, as be deemed fit and necessary by the Developer, to accommodate their future plans regarding the Said Complex and their other projects and the Purchaser hereby accepts the same and the Purchaser shall not, under any circumstances, raise any objection or hindrance thereto. 5.9 The Purchaser agrees that the Developer will be entitled to construct further sanctioned floors on as is what is basis. Notwithstanding anything herein contained and above the Promoter shall not be required to give possession top roof of the said Residential Block „A‟ / building and/or car parking spaces and/or additional Blocks and other constructions elsewhere on the Said Land / in the Said Complexand the Purchaser shall at no time, even after the completion of the said Block „A‟ and formation of the Flat-owners Association, claim any rights thereto or deprive the Developer or the persons, whom these additional areas have been sold by the Developer. The Purchaser agrees that proportionate share in the Said Land and Common Areas and Facilities shall be accordingly varied. 5.10 The Purchaser agrees that the Developer will be entitled to carve out certain portions of the Common Areas and Facilities in the Said Complex and allot them as private rights/ space to specific flats / other building/ block for exclusive use of those flat-owners/ other building/ block. The Purchaser shall at no time, even after the completion of the Said Complex and formation of Flat-owners Association of the said Block „A‟, claim any rights thereto or deprive such owners of flat(s)/ other building/ block the private rights/ space allotted to them. It is understood that such allotments are made to provide privacy to or for better utilization of the respective flats/Apartment other building/block. 5.11 In case of any material defect in the construction of the Said Unit (excluding any purchased materials and/or items and any defect arising due to any act or omission on the part of the Purchaser or the Purchaser‟s agents or any other flat owner in the Said Complex or the Association or any other third parties), being noticed by the Purchaser within 12 months from the Possession Date, then the same shall be brought to the Allottee/s till notice of the entire Consideration and all other amounts due hereunder are paid Developer by the Allottee/s Purchaser. The Developer shall refer the same to the PromoterArchitect who shall decide whether the Developer is liable to make any rectification or repairs. The decision of the Architect shall be final and the Purchaser agrees to accept the same without any objection. The Developer shall, if required by the Architect, rectify the defect at its own cost. The Developer shall not have any liability and/or responsibility regarding the same after making such rectification.

COMPLETION AND POSSESSION. 5.1. Time is the essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Apartment(s) to the Allottee and the common areas to the Association of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A Xxxxxxxx Xxxxx 0X and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment (hereinafter referred to as “the Notice of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid to the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the Promoter.

COMPLETION AND POSSESSION. 5.1A. Landlord shall exercise reasonable diligence and shall endeavor to complete the items set forth on Exhibit B, entitled "Landlord's Work", on or before ninety (90) days from the date which Tenant approves, in writing, the agreed upon floor plan, subject to delay by causes beyond the reasonable control of Landlord or by the action or inaction of Tenant. Time If the Landlord's Work is not Substantially Complete within the essence for meaning of this Article 6 on the Promoter anticipated Commencement Date, then this Lease shall not be affected thereby but, in such case, the Commencement Date shall be deemed to be postponed until the date when the Landlord's Work is Substantially Complete and Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason of any such postponement. If Landlord is unable to deliver possession within two hundred ten (210) days from the date which Tenant approves, in writing, the agreed upon floor plan, Tenant shall thereafter prior to delivery of occupancy have the right to terminate this Lease upon ten (10) days written notice to Landlord. During said ten (10) day notice period, Landlord shall have the right to deliver the Demised Premises in accordance with the terms of this Lease and, in such case, the delivery of the Demised Premises shall nullify Tenant's termination notice. Should Landlord fail to deliver the Demised Premises within ten (10) days of Tenant's notice, this Lease shall terminate and Landlord will promptly return to Tenant the Security Deposit. The parties hereto agree that this Article 6 constitutes an express provision as to the time in which Landlord has to complete Landlord's Work and, except as expressly set forth herein to the contrary, Tenant hereby waives any rights to rescind this Lease which Tenant might otherwise have pursuant to any law now or hereafter in force. B. The premises shall be deemed Substantially Complete upon the earlier of: (1) the issuance of a Certificate of Occupancy (temporary or final) following completion of Landlord's Work, or (2) the Substantial Completion of Landlord's Work as determined by the project architect. Upon Substantial Completion, the project architect shall notify the Landlord and/or Tenant that the Landlord's Work is substantially complete. At that time, Landlord shall send notice to Tenant confirming that the project architect has deemed the project substantially complete and the notice shall further fix the actual square footage of the Demised Premises and the Tenant's Percentage, as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Apartment(s) to the Allottee Commencement Date and the common areas to Termination Date. Upon such notice, the Association aforesaid terms shall be fixed for the balance of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee Lease and shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement not be subject to simultaneous completion or construction by the Promoter as provided hereinremeasurement and/or adjustment. 5.2. If the Promoter fails C. Prior to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over entering into possession of the said Residential Apartment along Demised Premises, Tenant shall have the right to prepare with Landlord a punchlist of any items of Landlord's Work which need to be completed after the copy Commencement Date (the "Punchlist"). The existence of any punchlist items shall not delay the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or Commencement Date provided the requirements of Article 6A and 6B, above, have been satisfied. Landlord agrees to complete any other concerned statutory Authority. On completion items on the Punchlist diligently after the Commencement Date and, in any event, within forty-five (45) days, weather and availability of the construction of the said Residential Apartmentmaterials permitting. D. Tenant, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take entering into possession of the said Apartment/Residential Apartment premises, shall be conclusively deemed to have agreed that Landlord up to the time of such possession has performed all of its obligations hereunder and that the premises are in satisfactory condition as of the date of such possession subject to punch list items and latent defects. E. In the event possession of the premises (hereinafter herein referred to as “the Notice of Possession”). It "possession date") is made clear that handing over of delivered to Tenant pursuant to this Article 6 on a day other than the Commencement Date set forth in the Preamble to this Lease, then the Commencement Date shall be deemed to be the same day as the possession date and the termination date set forth in the Preamble to this Lease shall be adjusted accordingly and the term of the Apartment by JSHPL to Lease, as also set forth in said Preamble, shall remain the Allottee is subject to payment same. For purposes of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartmentthis Article 6D, the Allottee term "possession" shall be liable mean Tenant's occupancy and not merely Tenant's access to pay holding charges to the Promoter which shall be payable an amounting to Rscomplete Tenant's Work as contemplated in Article 6E, below.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid to the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the Promoter.

COMPLETION AND POSSESSION. 5.1. Time is the essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Apartment(s) to the Allottee and the common areas to the Association of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 June 2020 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment (hereinafter referred to as “the Notice of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 June 2020 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid to the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the Promoter.

COMPLETION AND POSSESSION. 5.1. Time is The Seller (or his representative) and the essence for Buyer agree to meet during the Promoter as well as SEVEN (7) day period immediately prior to the Allotteeclosing of this transaction to inspect the dwelling and will complete the Certificate of Completion and Possession required to be completed pursuant to the provisions of the Ontario New Home Warranty Plan Act. The Promoter said Certificate shall abide by set out any uncompleted building items and shall constitute the time schedule for completing Seller’s undertaking and obligation to complete the project said uncompleted building matters. The Seller shall complete such items as are contained in the Certificate of Completion and handing over Possession as expeditiously as is reasonably possible. The Seller shall have the Apartment(s) right, upon notice to the Allottee Buyer, to enter upon the property after completion in order to complete such items as are included in the Certificate of Completion and Possession. WETT (WOOD ENERGY TECHNOLOGY TRANFSFER) - WOOD FIREPLACE - CONDITION This offer is conditional upon the common areas Buyer obtaining at the Buyer's expense a Wood Energy Technology Transfer (WETT) inspection, and obtaining a report satisfactory to the Association of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified Buyer in the Rule, on all Buyer's sole and absolute discretion. Unless the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give buyer gives notice of fifteen (15) days in writing to the AllotteeSeller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto within Five (5) banking days (excluding Saturdays, by Registered Post with A/D Sundays and Statutory Holidays) after acceptance of this offer, that this condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without deduction. This condition is included for the benefit of the Buyer and may be waived at the address provided Buyer's sole option by notice in writing to the Allottee and Seller as aforesaid within the mail time period stated herein. WETT (WOOD ENERGY TECHNOLOGY TRANFSFER) - WOOD FIREPLACE - CLAUSE The Seller agrees to at the e-mail address provided by Seller's expense obtain a Wood Energy Technology Transfer (WETT) inspection, and obtaining a report satisfactory to the Allottee, of his intention Buyer within 3 weeks prior to terminate this Agreement and of Title Search Date. The Seller agrees to provide the specific breach or breaches of report to the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter Buyer within the time period of noticestate above. BUYER: , then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment (hereinafter referred to as “the Notice of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid to the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the Promoter.SELLER: ..........................................................................................................................................................................................................

COMPLETION AND POSSESSION. 5.1(a) Landlord shall exercise reason- ------------------------- able diligence and shall endeavor to have the premises ready for Tenant's possession on or before the commencement date designated in the Preamble to this Lease, subject to delay by causes beyond the reasonable control of Landlord or by the action or inaction of Tenant. Time is of the essence premises are not ready for Tenant's possession within the meaning of this Article 6 on such commencement date, then this Lease shall not be affected thereby but, in such case, the commencement date shall be deemed to be postponed until the date when the premises are ready for Tenant's possession and Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason of any such postponement except that if the premises are not ready for Tenant's possession by August 31, 1981, then Tenant shall have the right by notice to Landlord at any time thereafter but prior to the date the premises are ready for Tenant's possession to terminate this Lease with no further liability of one party to the other. The parties hereto agree that this Article 6 constitutes an express provision as to the time at which Landlord shall deliver possession of the premises to Tenant, and Tenant hereby waives any rights to rescind this Lease which Tenant might otherwise have pursuant to any law now or hereafter in force. (b) The premises shall be conclusively deemed ready for Tenant's possession as soon as (1) a certificate (temporary or final) permitting occupancy of the premises for the Promoter permitted use has been issued by the required governmental body, and (2) the substantial completion of Landlord's Work, (as well as defined in Exhibit B) at which time the Allotteerent reserved and covenanted to be paid by Tenant under this lease shall commence. The Promoter premises shall abide by not be deemed to be unready for Tenant's possession or incomplete if (i) only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done in the time schedule for completing premises, (ii) the project and handing over delay in the Apartment(s) to the Allottee and the common areas to the Association availability of the Alottees after receiving premises for possession shall be due to special work, changes, alterations or additions required or made by Tenant in the Occupancy Certificate premises, (iii) caused in whole or in part by Tenant through the Completion Certificate delay of Tenant in submitting any plans and/or specifications, supplying information, approving plans, specifications or bothestimates, as giving authorizations or otherwise, (iv) caused in whole or in part by delay and/or default on the case may be. Similarlypart of Tenant and/or its subtenant or subtenants, or (v) the Allottee shall telephone installation in the premises has not been completed. (c) If Tenant fails or omits to make timely payments submission to Land- lord of any plan(s) referred to in Exhibit B, or delays in submitting any other plans or any specifications, or in supplying information, or in approving plans, specifications or estimates, or in giving authorizations or otherwise, or makes any changes, alterations or additions in any plan or specification theretofore submitted by Tenant, any additional cost to Landlord in connection with the completion of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest premises in accordance with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from Lease and said Exhibit B, resulting therefrom, shall be paid by Tenant to Landlord, as additional rent, within ten (10) days after Landlord submits a xxxx to Tenant for the same. For the purposes of this subparagraph (c), the expression "additional cost to Landlord" shall mean the cost over and above such cost as would have been the aggregate cost to Landlord of completing the premises in accordance with the terms of this Lease and Exhibit B had there been no such failure, omission, delay, change, alteration or addition by Tenant. (d) Tenant, by entering into possession of the premises, shall be conclusively deemed to have agreed that Landlord up to the time of such possession has performed all of its obligations hereunder and that the premises are in satisfactory condition as of the date the said amount is payable by the Allottee to the Promoter till the payment is madeof such possession except only for latent defects. 5.3. Without prejudice to (e) In the right event possession of the Promoter premises (herein referred to charge interest with applicable taxes as the "possession date") is delivered to Tenant pursuant to this Article 6 on a day other than the commencement date set forth in the manner provided herein on Preamble to this Lease, then the Allottee committing default commencement date shall be deemed to be the same day as the possession date but the termination date set forth in payment on due date of any amount due and payable by the Allottee Preamble to this Lease shall remain the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee same and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and term of the specific breach or breaches of the terms and conditions Lease, as also set forth in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of noticesaid Preamble, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also adjusted accordingly; provided, however, that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which Landlord may be payable to the Promoter) elect otherwise by giving tenant notice thereof within a period of thirty (30) days after the possession date, in which event (i) if the possession date is on a day other than the first day of the terminationa calendar month, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms term of this Agreement, JSHPL Lease shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee to take possession of the said Apartment/Residential Apartment be deemed amended (hereinafter herein referred to as “the Notice "revised term") by adding thereto the number of Possession”). It is made clear that handing over of all inclusive days between the possession date and the last day of the Apartment by JSHPL calendar month in which such possession is delivered, (ii) the commencement date set forth in the Preamble to this Lease shall be deemed amended to conform to in the possession date, and (iii) the termination date set forth in the Preamble to this Lease shall be deemed amended to conform to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5revised term. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure to take possession of the said Apartment/Residential Apartment, the Allottee shall be liable to pay holding charges to the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate within thirty (30) days after any such notice from Land- lord, they shall, at the request of either, execute, acknowledge and deliver an instrument in recordable form setting forth the damages that revised term, the Allottee may suffer commencement date and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and from the Possession Date: (i) The said Residential Flat/Apartment shall be at the sole risk, cost and consequences of the Allottee and the Promoter shall have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid to the authorities concerned or the Association, as may be decided shall be borne solely by the Allottee as provided herein. The Promoter shall not be responsible for any damage caused to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession of the same on as is what is basis. Notwithstanding anything herein contained the Promoter shall not be required to give possession of the said Residential Flat/Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the Promotertermination date.

COMPLETION AND POSSESSION. 5.1. Time is 5.1 The Vendor shall complete the essence for construction and make the Promoter as well as Said Apartment habitable on or before 31st December, 2013 (Completion Date) and same may be extended by 6 (six) months grace period (Extended Period) at the Allottee. The Promoter option of the Vendor. 5.2 Upon construction, finishing and making the Said Apartment habitable and the Parking Space usable and after receipt of the completion certificate from the Architect, the Vendor shall abide by the time schedule for completing the project and handing over the Apartment(s) send notice to the Allottee and Purchaser (hereinafter called “the common areas to Letter of Handing Over”), requesting the Association of the Alottees after receiving the Occupancy Certificate or the Completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installments and/or other dues payable by the Allottee and meeting the other obligations under the Agreement subject to simultaneous completion or construction by the Promoter as provided herein. 5.2. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1A and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1A, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession.The Allottee agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. 5.3. Without prejudice to the right of the Promoter to charge interest with applicable taxes in the manner provided herein on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement [including his/her proportionate share of taxes, levied by the concerned local authority and other outgoing(s)] and on the Allottee committing three defaults of payment of installments, the Promoter shall at its own option may terminate this Agreement. Provided that, the Promoter shall give notice of fifteen (15) days in writing to the Allottee, by Registered Post with A/D at the address provided by the Allottee and the mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of the terms and conditions in respect of which It is intended to terminate this Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice, then at the end of such Notice period the Promoter shall be entitled to terminate this Agreement. Provided also that upon termination of the Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter) within a period of thirty (30) days of the termination, the installment of Consideration Amount of the Apartment which may till then have been paid by the Allottee to the Promoter. 5.4. Subject to Force Majeure Events it is agreed between the Parties hereto that the Promoter shall complete and/or cause to complete construction of the said Apartment within December 2019 excluding six months grace period. Upon completion of the said Apartment in all respects and upon obtaining the “Occupancy Certificate” from the competent authority and payment made by the Allottee in terms of this Agreement, JSHPL shall hand over possession of the said Residential Apartment along with the copy of the Completion Certificate/Occupancy Certificate obtained from concerned Municipality or any other concerned statutory Authority. On completion of the construction of the said Residential Apartment, JSHPL shall by a Notice in writing sent to the Allottee call upon the Allottee Purchaser to take possession of the said Apartment/Residential Said Apartment (hereinafter referred to within the time period as “specified in the Notice Letter of Possession”). It is made clear that handing over of possession of the Apartment by JSHPL to the Allottee is subject to payment of the Consideration Amount by way of installments and the Additional Costs and Charges as mentioned in Clause no. 3. 5.5Handing Over. The Allottee within 20 (Twenty) days of receiving Notice of Possession should take over possession of the Apartment/Residential Apartment from the Promoter. In the event of failure Purchaser agrees to take possession of the said Said Apartment within the time period specified in the Letter of Handing Over after fulfilling all its obligations under this Agreement. The possession of the Said Apartment (Possession Date) shall be deemed to be handed over on the date on which the Purchaser takes possession of the Said Apartment within the time period as specified in the Letter of Handing Over or the 15th day from the date of issue of the Letter of Handing Over, whichever is earlier. 5.3 At the request of the Purchaser, the Vendor may at its option and subject to such conditions as it may deem fit, allow the Purchaser to have temporary access to the Said Apartment for interiors and furniture works at its own costs provided prior full payment of the Sale Price, Additional Cost & Charges is made by the Purchaser. The Purchaser shall complete the interiors and furniture works without disturbing or causing inconvenience to the Vendor or the purchasers /occupants of other Apartments and without making any change in the structure and construction of the Said Apartment/Residential . During such period the Vendor shall continue to be in possession of the Said Apartment and the Purchaser shall only have a revocable and temporary license to have access to the same for the aforesaid limited purpose and shall not be entitled to actually occupy, use or enjoy the Said Apartment, till possession is given by the Allottee Vendor by issuing the Letter of Handing Over. 5.4 The Vendor shall not be responsible in case the Letter of Handing Over is not issued because of any of the following reasons: (a) The Purchaser having committed any default or breach of this Agreement including amount payable hereunder. (b) Any extra work/additions/alterations required to be carried out in the Said Apartment as per the requirement and at the cost of the Purchaser, not completed. (c) Non availability of steel, cement or any other building materials, water or electric supply, etc. and/or due to the occurrence of any circumstances of Force Majeure [as mentioned in Clause 2.2(A)(a)]. 5.5 The obligations and covenants of the Purchaser in respect of the use, maintenance and enjoyment of the Said Property including payment of Maintenance Charges, electricity charges, municipal corporation taxes and other taxes and outgoings as shall be liable to pay holding charges to applicable from time-to- time are binding on the Promoter which shall be payable an amounting to Rs.«Holding_Charges»/- along with applicable taxes or as prescribed under Purchaser. It is expressly made clear that the Rules framed under RERA and/or WBHIRA. 5.6. Subject to Force Majeure Events if the Promoter fails to deliver possession within December 2019 excluding six months grace period, the Promoter shall be liable to pay such compensation as may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate liability of the damages that Purchaser to make payment of all costs, expenses and outgoings in respect of the Allottee may suffer Said Property including the Maintenance Charges, electricity charges, municipal corporation taxes and the Allottee agrees that the Allottee other taxes and outgoings shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. On and commence from the Possession Date: (i) The said Residential Flat. Such liability shall continue till the same is paid by the Purchaser or this Agreement is cancelled/Apartment terminated by the Vendor. From the Possession Date, the Purchaser shall be at entitled to the sole riskrights stipulated in the Sixth Schedule hereto and shall have the obligations stipulated in the Seventh Schedule in regard to the Said Property. 5.6 The Purchaser shall, cost after possession is made over to it, use and consequences enjoy the Said Property in a manner not inconsistent with his rights hereunder and without committing any breach, default or creating any hindrance to the rights of the Allottee other Apartment Owners and/or the Vendor. 5.7 The Common Areas and Facilities as described in the Promoter Third Schedule hereunder written shall be ready for use as and when completed by the Vendor and can be completed after the issue of the Letter of Handing Over. The Purchaser will have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay objection for the Maintenance Charges and all other expenses necessary and incidental to the management and maintenance Vendor carrying out work of the Project as provided herein in respect of the said Residential Flat/Apartment and the Common Areas and facilities; (iii) All taxes, duties, levies, cesses, statutory charges etc. including GST, deposits imposed, demanded or required to be paid Facilities and other unfinished apartments in the Residential Complex after completion/handing over possession of the Said Apartment to the authorities concerned Purchaser. 5.8 The Purchaser agrees that the Vendor will be entitled to construct further sanctioned floors on and above the top roof of the Said Building and/or car parking spaces and/or other constructions elsewhere on the Said Land and the Purchaser shall at no time, even after the completion of the Residential Complex and formation of Association, claim any rights thereto or deprive the Vendor or the Associationpersons, as may be decided whom these additional areas have been sold by the Vendor. The Purchaser agrees that proportionate share in the Said Land and Common Areas and Facilities shall be borne solely by accordingly varied. It is agreed that the Allottee as provided herein. The Promoter Vendor shall not be responsible entitled to construct any additional floor or other areas after issue of Letter of Handing Over. 5.9 The Purchaser agrees that the Vendor will be entitled to carve out certain portions of the Common Areas and Facilities in the Residential Complex and allot them as private rights/ space to specific apartments for the exclusive use of certain Apartment Owners. The Purchaser shall at no time, even after the completion of the Residential Complex and formation of Association, claim any damage caused rights thereto or deprive such apartment owner/s of the private rights/ space. It is understood that such allotments are made to provide privacy to or for better utilization of the respective apartments. 5.10 In case of any material defect in the construction of the Said Apartment (excluding any purchased materials and/or items and any defect arising due to any act or omission on the part of the Purchaser or the Purchaser’s agents or any other flat owner in the Residential Complex or the Association or any other third parties), being noticed by the Purchaser within 12 months from the Possession Date, then the same shall be brought to the said Residential Flat on account of delay in taking over possession and in such an event; the Allottee/s will have to take possession notice of the Vendor by the Purchaser. The Vendor shall refer the same on as to the Architect who shall decide whether the Vendor is what is basisliable to make any rectification or repairs. Notwithstanding anything herein contained The decision of the Promoter Architect shall be final and the Purchaser agrees to accept the same without any objection. The Vendor shall, if required by the Architect, rectify the defect at its own cost. The Vendor shall not be required to give possession have any liability and/or responsibility regarding the same after making such rectification. 5.11 The Purchaser, upon expiry of the said Residential Flat/aforesaid 12 (twelve) months of defects liability period, shall have no claim against the Vendor in respect of any defect in the Said Apartment to the Allottee/s till the entire Consideration and all other amounts due hereunder are paid by the Allottee/s to the Promoterunder any circumstances.