Common use of Construction and Completion Clause in Contracts

Construction and Completion. 5.1 The Sellers / Developers shall construct erect and complete and/or cause to be constructed erected and completed the said new building and/or the said Unit/Units with such materials and/or specifications (more fully and particularly mentioned and described in the SCHEDULE hereunder written) or as shall be recommended by the Architect and the Purchaser has agreed not to raise any objection whatsoever or howsoever. 5.2 The said Unit shall be constructed erected and completed in accordance with the said Plan duly sanctioned by the authorities concerned with such modifications or alterations as may be deemed fit and proper by the Developer/Sellers or the Architect or as may be required by the authorities concerned and the Purchaser hereby consents to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers and/or the Architect making such alterations or additions. 5.3 The Purchaser shall not do any act deed or thing whereby the construction or development of the said premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 During the period of construction and at all times the said Unit shall be at the sole risk of the Sellers / Developers. 5.5 Unless prevented by circumstances beyond the control of the Developer the said New Buildings would be completed within 48 months with a grace period of 12 months (hereinafter referred to as the COMPLETION DATE) from the date of sanction of the said Plan. 5.6 Before the date of possession of the said Unit the Purchaser agrees and covenants: - a) To pay to the Sellers / Developers such amounts due and payable on account of the consideration as mentioned in Fourth Schedule hereto and the 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 Sellers / Developers for the purpose and subject to the conditions mentioned in the Schedule hereunder written. 5.7 Immediately after the said Unit is ready and made fit for habitation (and in this regard the decision of the Architect shall be final and binding) the Sellers / Developers shall serve a notice on the Purchaser and within 07 days from the date of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser shall be deemed to have taken over possession of the said Unit for the purpose of making payment of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser shall be entitled to claim physical possession of the said Unit until such time the Purchaser has made full payment and/or deposited all the amounts payable by the Purchaser to the Sellers / Developers and the Sellers / Developers shall not be liable to deliver possession of the said Unit until such time the Purchaser has made full payment of the amounts agreed to be paid by the Purchaser in terms of this Agreement. 5.8 From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of the said Unit and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit is taken or not by the Purchaser. 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the parties.

Construction and Completion. 5.1 The Sellers / Developers Purchaser acknowledges that the construction and completion of the building is subject to various facts over which the seller has no control and as such: 7.1 Unless prevented by circumstances beyond its control the Seller shall construct erect and complete and/or cause to be constructed erected and completed the said new building within a period of 30 (Thirty) months from the date of execution of this agreement together with a grace period of 12 (Twelve) months (hereinafter referred to as the COMPLETION DATE) 7.2 The said building shall be deemed to have been completed if provided with water, electricity and other amenities and certified so by the Architect for the time being 7.3 The Seller shall construct erect and complete the said Building and/or the said Unit/Units Unit with such materials and/or specifications (as more fully and particularly mentioned and described in the SIXTH SCHEDULE hereunder written) or as shall be recommended by the Architect , and the Purchaser has agreed not to raise any objection whatsoever or howsoeverhowsoever to such agreed specifications. 5.2 7.4 The said Unit shall new Building will be constructed constructed, erected and completed in accordance with the said Plan. 7.5 As already stated, the Seller reserves the right to modify and/or alter the said Plan duly sanctioned by and to obtain necessary permission and sanction from all the concerned authorities concerned with pertaining to the same so long as such modifications modification and/or alteration does not affect the said Unit and further does not in any manner affect and/or prejudice the right, title and interest of the Purchaser to/over/in any part or alterations as may be deemed fit and proper by portion of the Developer/Sellers or the Architect or as may be required by the authorities concerned Said Unit And The Properties Appurtenant Thereto, and the Purchaser hereby consents waives the right of any prior notice given to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers and/or the Architect making such alterations or additions.that effect 5.3 7.6 The Purchaser shall not do any act deed or thing whereby the construction or development of the said premises Premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 7.7 During the period of construction and at all times the said Unit shall be at the sole risk of the Sellers / DevelopersSeller. On and from the Fit-Out Date, the sole responsibility will be of the Purchaser. 5.5 7.8 The Purchaser agrees and undertakes not to do any act, deed or thing either directly or indirectly which may prevent the Seller from undertaking the work of construction of the said New Building and hereby further acknowledges that if because of any act deed or thing established as having been done by the Purchaser or any person claiming through or under him/her/it, the Seller is prevented from proceeding with the work of construction or completion of the New Building, then and in that event the Purchaser shall be liable to compensate the Seller for all costs and charges which the Seller may be suffer or incur in as much the same is likely not only to adversely affect the Seller but also the various other Unit owners intending to acquire a Unit in the said New Building. 7.9 Unless prevented by circumstances beyond established as comprising Force Majeure events, the control said Building shall be constructed and completed by the Seller (as evidenced by the partial Completion Certificate) in terms of the Developer specifications as more fully and particularly mentioned and described in the said New Buildings would be completed Sixth Schedule hereunder written within 48 30 (Thirty) months from the date of execution of this Agreement with a grace period of 12 (Twelve) months thereafter (hereinafter referred to as the COMPLETION DATE). If completion in the manner as stated hereinabove is delayed beyond the Completion Date, then without prejudice to the other rights of the Purchaser, the Purchaser shall be entitled to and the Seller undertakes and covenants to pay interest to the Purchaser at the rate of 15% (fifteen percent) per annum on each of the sums paid and/or deposited by the Purchaser in terms of and/or in pursuance of this Agreement, to be computed from the Completion Date until such time the said Unit is completed in terms hereof. 7.10 The Seller shall apply for and obtain necessary permissions and/or comply with the provisions of the Real Estate (Regulation and Development) Xxx 0000 (hereinafter referred to as the RERA ACT). 7.11 The Purchaser acknowledges that there are various factors in the construction business which are likely to impede and/or hinder the progress of work of development. Therefore in the event of any delay after expiry of the completion date the Purchaser shall be entitled to and the Developer/Seller has agreed to pay interest calculated at the rate of 15% (Fifteen percent) per annum on the amounts paid by the Purchaser to the Developer/Seller till then in terms of this Agreement as per Section 7 of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 and the same will be paid and/or appropriate in such manner as may be agreed upon between the Developer/Seller and the Purchaser and the Purchaser acknowledges that the same is reasonable compensation and agrees not to have any other claim on any account whatsoever or howsoever. 7.12 The Purchaser shall not do any act deed or thing whereby the construction or development of the Said Premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 7.13 During the period of construction and at all times the Said Unit shall be at the sole risk of the Developer/Seller. 7.14 In the event of any defect in construction of the Said Unit or any part thereof or if there be any defect in material used or provided in the Said Unit within a period of 2 (two) years from the date of sanction delivery of possession and/or notice for possession, whichever be earlier, the Developer/Seller shall at its own costs forthwith without least delay undertake necessary remedial steps for rectification and/or replacement of the said Plansame as per Section 8 of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Xxxxxxxxx) Xxx, 0000. 5.6 7.15 The Developer/Seller shall not mortgage or create a charge on the Said Unit allocated to the Purchaser without prior permission of the Purchaser as per Section 9 of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Xxxxxxxxx) Xxx, 0000. 7.16 The Said Premises shall be under insurance coverage up to the 5th year from the date of getting the Completion Certificate from the Kolkata Municipal Corporation as per Section 12 of West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 and the same shall be done by the Developer/Seller. 7.17 Before the date of possession of the said Said Unit the Purchaser agrees and covenants: - a) To pay to the Sellers / Developers Developer/Seller such amounts due and payable on account of the consideration as mentioned in Fourth Schedule FOURTH SCHEDULE hereto and also the proportionate costs of all payments made for extra common facilities to be provided to all occupiers of the said New Building. b) To deposit amounts free of interest with the Sellers / Developers Developer/Seller for the purpose and subject to the conditions mentioned in Part I and Part II of the Schedule FIFTH SCHEDULE hereunder written. 5.7 7.18 Immediately after the said Said Unit is ready and made fit for habitation (and in this regard the decision of the Architect shall be final and binding) ), the Sellers / Developers Developer/Seller shall serve a notice on the Purchaser and within 07 7 (seven) days from the date of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser shall be deemed to have taken over possession of the said Said Unit for the purpose of making payment of the common expenses Common Expenses and maintenance charges Maintenance Charges PROVIDED HOWEVER in no event the Purchaser shall be entitled to claim physical possession of the said Said Unit until such time the Purchaser has made full payment and/or deposited all the amounts payable by the Purchaser to the Sellers / Developers Developer/Seller and the Sellers / Developers Developer/Seller shall not be liable to deliver possession of the said Said Unit until such time the Purchaser has made full payment of the amounts agreed to be paid by the Purchaser in terms of this Agreement. 5.8 7.19 From the Possession Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-multi- storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of the said Said Unit and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Said Unit is taken or not by the Purchaser. 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the parties.

Construction and Completion. 5.1 6.1 The Sellers / Developers PURCHASER has seen the specifications of the Apartment and has accepted the Payment Plan, floor plans, layout plans which has been approved by the competent authority and the DEVELOPER/SELLER shall develop the Project in accordance with the said layout plans, floor plans and specifications and shall not make any variations and/or alterations subject to what is hereinafter stated 6.2 If at any time the DEVELOPER/SELLER shall make any variation and/or alteration to the said plan, the DEVELOPER/SELLER shall be entitled to do so, so long as it does not affect the Apartment/Flat intended to be acquired by the PURCHASER and the PURCHASER consents to the same and as such no further consent of the PURCHASER would be necessary and/or required and the DEVELOPER/SELLER shall be entitled to make such variations and/or alterations 6.3 During the period of construction, the PURCHASER, with prior permission of the DEVELOPER/SELLER’s Project staff, shall enter the construction site with proper safety measures. The DEVELOPER/SELLER shall not be liable for any untoward incident or accident. The DEVELOPER/SELLER’s project staff are to focus on timely and quality construction and are not expected to respond to the PURCHASER’s unreasonable enquiries. No verbal assurances shall be considered to be a commitment made by the DEVELOPER/SELLER and only written commitments made by an authorized representative of the DEVELOPER/SELLER shall be considered to have been made on behalf of the DEVELOPER/SELLER. 6.4 Unless prevented by circumstances beyond its control (Force Majeure,more fully described in Article XII) the DEVELOPER/SELLER shall construct erect and complete and/or cause to be constructed erected and completed the said new building and/or the said Unit/Units with such materials and/or specifications (more fully and particularly mentioned and described Apartment in the SCHEDULE hereunder written) or as shall be recommended by the Architect and the Purchaser has agreed not to raise any objection whatsoever or howsoever. 5.2 The said Unit shall be constructed erected and completed in accordance with the said Plan duly sanctioned by the authorities concerned with such modifications or alterations as may be deemed fit and proper by the Developer/Sellers or the Architect or as may be required by the authorities concerned and the Purchaser hereby consents to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers and/or the Architect making such alterations or additions. 5.3 The Purchaser shall not do any act deed or thing whereby the construction or development of the said premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 During the period of construction and at all times the said Unit shall be at the sole risk of the Sellers / Developers. 5.5 Unless prevented by circumstances beyond the control of the Developer the said New Buildings would be completed a workmanlike manner within 48 months 30th June 2020 with a grace period of 12 9 months ending on 31st March 2021 (hereinafter referred to as the COMPLETION DATE) from ) 6.5 If however the date of sanction completion of the said Plan. 5.6 Before Project is delayed due to Force Majeure conditions then the date PURCHASER agrees that the DEVELOPER/SELLER shall be entitled to the extension of time for delivery of possession of the said Unit the Purchaser agrees and covenants: - a) To pay to the Sellers / Developers such amounts due and payable on account of the consideration as mentioned in Fourth Schedule hereto and the 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 Sellers / Developers for the purpose and subject to the conditions mentioned in the Schedule hereunder written. 5.7 Immediately after the said Unit is ready and made fit for habitation (and in this regard the decision of the Architect shall be final and binding) the Sellers / Developers shall serve a notice on the Purchaser and within 07 days Apartment from the date of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser shall be deemed to have taken over possession of the said Unit for the purpose of making payment of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser shall be entitled to claim physical possession of the said Unit until such time the Purchaser has made full payment and/or deposited all the amounts payable by the Purchaser to the Sellers / Developers and the Sellers / Developers shall not be liable to deliver possession of the said Unit until such time the Purchaser has made full payment of the amounts agreed to be paid by the Purchaser in terms of this Agreement. 5.8 From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of the said Unit and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit is taken or not by the Purchaser. 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if provided that such Force Majeure conditions are not of a nature which makes it impossible for the Developer is prevented contract to be implemented. The PURCHASER agrees and confirms that, in the event it becomes impossible for the DEVELOPER/SELLER to implement the project due to Force Majeure conditions, then this agreement shall stand terminated and the DEVELOPER/SELLER shall refund to the PURCHASER the entire amount received by the DEVELOPER/SELLER from completing the said new building for any circumstances beyond the control PURCHASER within 45 days from that date. After refund of the Developer money paid by the PURCHASER, the PURCHASER agrees that he/ she shall not have any rights, claims etc. against the DEVELOPER/SELLER and that the certificate of the Architect in this regard DEVELOPER/SELLER shall be final released and conclusive discharged from all its obligations and binding on the partiesliabilities under this Agreement.

Construction and Completion. 5.1 6.1 The Sellers / Developers Seller shall construct erect and complete and/or cause to be constructed erected and completed the said new building and/or the said UnitFlat/Units Flats with such materials and/or specifications as (more fully and particularly mentioned and described in the SIXTH SCHEDULE hereunder written) or as shall be recommended by the Architect and the Purchaser Buyer has agreed not to raise any objection whatsoever or howsoever. 5.2 6.2 The said Unit Flat shall be constructed erected and completed in accordance with the said Plan duly sanctioned by the authorities concerned with such modifications or alterations or revisions as may be deemed fit and proper by the Developer/Sellers Seller or the Architect or as may be required by the authorities concerned and the Purchaser Buyer hereby consents to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers Seller and/or the Architect making such alterations or additions. 5.3 6.3 The Purchaser Buyer shall not do any act deed or thing whereby the construction or development of the said premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 6.4 During the period of construction and at all times the said Unit Flat shall be at the sole risk of the Sellers / DevelopersSeller. 5.5 6.5 Unless prevented by circumstances beyond the control of the Developer Seller the said New Buildings Building would be completed within 48 36 (Thirty Six) months with a grace period of 12 8 (Eight) months (hereinafter referred to as the COMPLETION DATE) from the date of sanction execution of this Agreement and for the delayed period the Seller has agreed to pay interest at the rate of 6% (six percent) per annum to be calculated on day to day basis on the amounts paid by the Buyer PROVIDED HOWEVER there is no breach of any of the said Planterms and conditions herein contained and on the part of the Buyer to be performed and observed. 5.6 6.6 Before the date of possession of the said Unit Flat the Purchaser Buyer agrees and covenants: - a) To pay to the Sellers / Developers Seller such amounts due and payable on account of the consideration as mentioned in Fourth Schedule hereto and the 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 Sellers / Developers Seller for the purpose and subject to the conditions mentioned in the Fifth Schedule hereunder written. 5.7 6.7 Immediately after the said Unit Flat is ready and made fit for habitation (and in this regard the decision of the Architect shall be final and binding) the Sellers / Developers Seller shall serve a notice on the Purchaser Buyer and within 07 days from the date of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser Buyer shall be deemed to have taken over possession of the said Unit Flat for the purpose of making payment of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser Buyer shall be entitled to claim physical possession of the said Unit Flat until such time the Purchaser Buyer has made full payment and/or deposited all the amounts payable by the Purchaser Buyer to the Sellers / Developers Seller and the Sellers / Developers Seller shall not be liable to deliver possession of the said Unit Flat until such time the Purchaser Buyer has made full payment of the amounts agreed to be paid by the Purchaser Buyer in terms of this Agreement. 5.8 From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of the said Unit and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit is taken or not by the Purchaser. 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the parties.

Construction and Completion. 5.1 The Sellers / Developers shall 6.1 Subject to the Purchaser making payment of the consideration within due dates stipulated hereunder and complying with his/her/its/their other obligations hereunder contained and subject to the force majeure, the Developer/Seller will construct erect and complete and/or cause to be constructed erected the construction of and completed make tenantable the said new building and/or the said Unit/Units with such materials and/or specifications (more fully and particularly mentioned and described in the SCHEDULE hereunder written) or as shall be recommended by the Architect and the Purchaser has agreed not to raise any objection whatsoever or howsoever. 5.2 The said Unit shall be constructed erected and completed Said Flat in accordance with the said Said Plan duly sanctioned by and shall install and complete the authorities concerned with such modifications or alterations as may be deemed fit Common Areas and proper by the Developer/Sellers or the Architect or as may be required by the authorities concerned and the Purchaser hereby consents to the same and hereby further agrees not to have or raise any objection Installations in the Developer/Sellers and/or New Building mentioned in the Architect making such alterations or additions.Third Schedule in the manner as hereinafter appearing 5.3 6.2 The Purchaser shall not in any manner cause any objection obstruction interference or interruption at any time hereafter in the construction or completion of construction of the New Buildings (notwithstanding the delivery of possession of the Said Flat to the Purchaser in the meantime and there being temporary inconvenience in the use and enjoyment thereof by the Purchaser) nor shall at any time hereafter do any act deed or thing omit to be done anything whereby the construction or development of the said premises is New Buildings or the Said Property or the sale or transfer of the other Apartments/Flats/Units in the New Buildings are in any way interrupted or hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein containedcontained and if due to any neglect or default on the part of the Purchaser or because of any act or omission on the part of the Purchaser, the Developer/Seller is restrained from construction of the New Building and/or transferring and disposing of the other Apartments/Flats/Units therein then and in that event without prejudice to such other rights the Developer/Seller may have charge the compensation from the Purchaser and the Purchaser shall be liable to compensate and also indemnify the Developer/Seller for all loss, damage, costs, claims, demands, actions and proceedings that may be suffered or incurred by the Developer/Seller. 5.4 6.3 During the period of construction the Purchaser shall enter the construction site with proper safety measures. The Developer/Seller shall not be liable for any untoward incident or accident. Developer/Seller‟s project staffs are to focus on timely and at all times the said Unit quality construction and are not expected to respond to Purchaser‟s unreasonable enquiries. No verbal assurances shall be at considered to be a commitment made by the sole risk Developer/Seller and only written commitments made by an authorized representative of the Sellers / DevelopersDeveloper/Seller shall be considered to have been made on behalf of the Developer/Seller. 5.5 6.4 The Developer/Seller may effect such variations, additions, alterations, deletions and/or modifications to the layout plans and New Building plans, specification of the New Buildings. 6.5 Unless prevented by circumstances beyond its control and/or such circumstances amounting to Force Majeure, the control of the Developer Developer/Seller intends to complete the said New Buildings would be completed Flat within 48 months 30th November 2018 with a further grace period of 12 9 months (hereinafter referred to as the COMPLETION DATE) from ). 6.6 The Developer/Seller shall make best endeavours for obtaining electricity connection and shall apply to the date concerned authorities for supply of sanction electricity for the said housing project. The Purchaser acknowledges that taking into account the large number of blocks and/or building to comprise of the said Plan. 5.6 Before Housing Project and the date manner in which the electricity authorities operates there is likely to be a delay in obtaining electricity connection and in the event of possession there being any delay in the Developer/Seller in providing electricity to the said Flat and/or the Block in which the said Flat is situated the Purchaser agrees not to hold the Developer/Seller liable for any losses and/or damages consequent to delay in completion of the said Unit the Purchaser agrees and covenants: - a) To pay to the Sellers / Developers such amounts due and payable on account of the consideration as mentioned in Fourth Schedule hereto and the proportionate costs of all payments made for extra common facilities to be provided to all occupiers of the said BuildingFlat. b) To deposit amounts free of interest 6.7 The said Flat shall be deemed to have been completed if provided with lift, water and electricity and certified so by the Sellers / Developers Architect for the purpose and subject to the conditions mentioned in the Schedule hereunder writtentime being. 5.7 Immediately after the said Unit is ready and made fit for habitation (and in this regard the decision of the Architect shall be final and binding) the Sellers / Developers shall serve a notice on the Purchaser and within 07 6.8 Within thirty days from the date of such completion as above the Developer/Seller shall send or cause to be sent a notice to the Purchaser to take over possession of the said Flat (hereinafter referred to as the POSSESSION DATENOTICE) and the Purchaser shall take over and/or shall be deemed to have taken over possession of the said Unit for Flat within a period of 15 days from the purpose date of such Possession Notice (hereinafter referred to as the POSSESSION DATE) upon making payment of all amounts in terms of this agreement, the Purchaser shall not be entitled to claim possession of the said Flat. 6.9 On and from the Possession Date the Purchaser shall become liable to make payment of the proportionate share of municipal rates taxes and other outgoings including making payment of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser shall be entitled to claim physical possession of the said Unit until such time the Purchaser has made full payment and/or deposited all the amounts payable by the Purchaser to the Sellers / Developers and the Sellers / Developers shall not be liable to deliver possession of the said Unit until such time the Purchaser has made full payment of the amounts agreed to be paid by the Purchaser in terms of this Agreement. 5.8 From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-storied taxes and other taxes, common area maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of (hereinafter referred to as the said Unit and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit is taken or not by the PurchaserCAM CHARGES). 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the parties.

Construction and Completion. 5.1 The Sellers / Developers shall construct erect and complete and/or cause to be constructed erected and completed the said new building and/or the said Unit/Units with such materials and/or specifications (more fully and particularly mentioned and described in the SCHEDULE hereunder written) or as shall be recommended by the Architect and the Purchaser has agreed not to raise any objection whatsoever or howsoever. 5.2 The said Unit shall be constructed erected and completed in accordance with the said Plan duly sanctioned by the authorities concerned with such modifications or alterations as may be deemed fit and proper by the Developer/Sellers or the Architect or as may be required by the authorities concerned and the Purchaser hereby consents to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers and/or the Architect making such alterations or additions. 5.3 The Purchaser shall not do any act deed or thing whereby the construction or development of the said premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 During the period of construction and at all times the said Unit shall be at the sole risk of the Sellers / Developers. 5.5 Unless prevented by circumstances beyond the control of the Developer the said New Buildings would be completed within 48 months with a grace period of 12 months (hereinafter referred to as the COMPLETION DATE) from the date of sanction of the said Plan. The purchaser shall be entitled to claim interest of 15% p.a. for the delayed period of completion beyond what has been mentioned herein above. 5.6 Before the date of possession of the said Unit the Purchaser agrees and covenants: - a) To pay to the Sellers / Developers such amounts due and payable on account of the consideration as mentioned in Fourth Schedule hereto and the 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 Sellers / Developers for the purpose and subject to the conditions mentioned in the Schedule hereunder written. 5.7 Immediately after the said Unit is ready and made fit for habitation (and in this regard the decision of the Architect shall be final and binding) the Sellers / Developers shall serve a notice on the Purchaser and within 07 days from the date of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser shall be deemed to have taken over possession of the said Unit for the purpose of making payment of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser shall be entitled to claim physical possession of the said Unit until such time the Purchaser has made full payment and/or deposited all the amounts payable by the Purchaser to the Sellers / Developers and the Sellers / Developers shall not be liable to deliver possession of the said Unit until such time the Purchaser has made full payment of the amounts agreed to be paid by the Purchaser in terms of this Agreement. 5.8 From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of the said Unit and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit is taken or not by the Purchaser. 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the parties.

Construction and Completion. 5.1 6.1 The Sellers / Developers Seller shall construct erect and complete and/or cause to be constructed erected and completed the said new building and/or the said UnitFlat/Units Flats with such materials and/or specifications as (more fully and particularly mentioned and described in the SIXTH SCHEDULE hereunder written) or as shall be recommended by the Architect and the Purchaser Buyer has agreed not to raise any objection whatsoever or howsoever. 5.2 6.2 The said Unit Flat shall be constructed erected and completed in accordance with the said Plan duly sanctioned by the authorities concerned with such modifications or alterations or revisions as may be deemed fit and proper by the Developer/Sellers Seller or the Architect or as may be required by the authorities concerned and the Purchaser Buyer hereby consents to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers Seller and/or the Architect making such alterations or additions. 5.3 6.3 The Purchaser Buyer shall not do any act deed or thing whereby the construction or development of the said premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 6.4 During the period of construction and at all times the said Unit Flat shall be at the sole risk of the Sellers / DevelopersSeller. 5.5 6.5 Unless prevented by circumstances beyond the control of the Developer Seller the said New Buildings Building would be completed within 48 months ………………………. with a an further grace period of 12 6 (six) months (hereinafter referred to as the COMPLETION DATE) from the date of sanction execution of this Agreement and for the delayed period the Seller has agreed to pay interest at the rate of 6% (six percent) per annum to be calculated on day to day basis on the amounts paid by the Buyer PROVIDED HOWEVER there is no breach of any of the said Planterms and conditions herein contained and on the part of the Buyer to be performed and observed. 5.6 6.6 Before the date of possession of the said Unit Flat the Purchaser Buyer agrees and covenants: -covenants:- a) To pay to the Sellers / Developers Seller such amounts due and payable on account of the consideration as mentioned in Fourth Schedule hereto and the 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 Sellers / Developers Seller for the purpose and subject to the conditions mentioned in the Fifth Schedule hereunder written. 5.7 6.7 Immediately after the said Unit Flat is ready and made fit for habitation (and in this regard the decision of the Architect shall be final and binding) the Sellers / Developers Seller shall serve a notice on the Purchaser Buyer and within 07 days from the date of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser Buyer shall be deemed to have taken over possession of the said Unit Flat for the purpose of making payment of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser Buyer shall be entitled to claim physical possession of the said Unit Flat until such time the Purchaser Buyer has made full payment and/or deposited all the amounts payable by the Purchaser Buyer to the Sellers / Developers Seller and the Sellers / Developers Seller shall not be liable to deliver possession of the said Unit Flat until such time the Purchaser Buyer has made full payment of the amounts agreed to be paid by the Purchaser Buyer in terms of this Agreement. 5.8 From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of the said Unit and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit is taken or not by the Purchaser. 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the parties.

Construction and Completion. 5.1 The Sellers / Developers Vendor shall construct erect and complete and/or cause to be constructed erected and completed the said new building and/or the said UnitFlat/Units Flats by 31st July, 2019 with a grace period of 6 (six) months with such materials and/or specifications (more fully and particularly mentioned and described in the SIXTH SCHEDULE hereunder written) or as shall be recommended by the Architect and the Purchaser has agreed not to raise any objection whatsoever or howsoever. 5.2 . The said Unit Flat alongwith Car parking space and servant quarters/store room shall be constructed erected and completed in accordance with the said Plan duly sanctioned by the authorities concerned with such modifications or alterations as may be deemed fit and proper by the Developer/Sellers Seller or the Architect or as may be required by the authorities concerned and the Purchaser hereby consents to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers Vendor and/or the Architect making such alterations or additions. 5.3 . The Purchaser shall not do any act deed or thing whereby the construction or development of the said premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 During the period of construction and at all times the said Unit shall be at the sole risk of the Sellers / Developers. 5.5 Unless prevented by circumstances beyond the control of the Developer the said New Buildings would be completed within 48 months with a grace period of 12 months (hereinafter referred to as the COMPLETION DATE) from the date of sanction of the said Plan. 5.6 Before the date of possession of the said Unit the Purchaser agrees and covenants: - a) . To pay to the Sellers / Developers Vendor such amounts due and payable on account of the consideration as mentioned in Fourth Schedule hereto and the 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 Sellers / Developers Vendor for the purpose and subject to the conditions mentioned in Part I and Part II of the Fifth Schedule hereunder written. 5.7 . Immediately after the said Unit Flat alongwith Car parking space and servant quarters/store rooms is ready and made fit for habitation and use (and in this regard the decision of the Architect shall be final and binding) the Sellers / Developers Vendor shall serve a notice on the Purchaser and within 07 15 days from the date of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser shall be deemed to have taken over possession of the said Unit Flat alongwith Car parking space and servant quarters/store rooms for the limited purpose of making payment of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser shall be entitled to claim physical possession of the said Unit Flat alongwith Car parking space and servant quarters/store rooms until such time the Purchaser has made full payment and/or deposited all the amounts payable by the Purchaser to the Sellers / Developers Vendor and the Sellers / Developers Vendor shall not be liable to deliver possession of the said Unit Flat alongwith Car parking space until such time the Purchaser has made full payment of the amounts agreed to be paid by the Purchaser in terms of this Agreement. 5.8 . From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, DG Sets, CESC Bills, multi-storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future in respect of the said Unit Flat alongwith Car parking space and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit Flat alongwith Car parking space is taken or not by the Purchaser. 5.9 In no . The Purchaser acknowledges that the 50% of the roof will have landscaped garden and shall form common portions of the premises and rest 50% shall be in exclusive right of the Vendor. The roof garden shall be for the exclusive use of the residents, however if and in the event the Purchaser same is booked for private parties extra charges shall have to be entitled to have any claim against paid, as may so be decided by the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control Association of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the partiesresidents.

Construction and Completion. 5.1 7.1 The Sellers / Developers Seller represents and covenants to the Purchaser that the modification of the Plan applied for as on the date hereof is expected to be sanctioned by the Kolkata Municipal Corporation and/or the concerned authorities within 180 (One Hundred Eighty) days from the date hereof, whereupon the said Unit, being a duplex apartment, shall be situate partly on the 14th (fourteenth) floor and partly on the 15th (fifteenth) floor of the New Building, and in the event such modification is not so sanctioned, the said Unit, being a duplex apartment, shall be situate partly on the 12th (twelfth) floor and partly on the 13th (thirteenth) floor of the New Building. 7.2 Within 30 (Thirty) days of the abovementioned modification to the Plan being sanctioned or refused, as the case may be, the Seller shall immediately intimate the same in writing to the Purchaser and provide the Purchaser with a true copy of the final sanctioned Plan. 7.3 If at any time the Purchaser shall desire to carry out any modifications, amendments, changes in the internal layout of the said Unit, it shall be entitled to do so provided the same is in accordance and/or compliance with all applicable laws and upon obtaining prior consent of the Seller in writing. For the purpose of making such modifications, amendments, changes in the internal layout of the said Unit it shall be the obligation and/or the Purchaser shall be liable to make payment of all charges which the Seller may incur in obtaining such consents The Seller shall construct erect and complete and/or cause to be constructed erected and completed the said new building and/or Building and the said Unit/Units Unit with such materials and/or specifications (as more fully and particularly mentioned and described in PART-II of the SIXTH SCHEDULE hereunder written) or as shall be recommended by the Architect , and the Purchaser has agreed not to raise any objection whatsoever or howsoeverhowsoever to such agreed specifications. 5.2 7.4 The said Unit shall new Building will be constructed constructed, erected and completed in accordance with the said Plan. 7.5 As already stated, the Seller reserves the right to modify and/or alter the said Plan duly sanctioned by and to obtain necessary permission and sanction from all the concerned authorities concerned with pertaining to the same so long as such modifications modification and/or alteration does not affect the said Unit and further does not in any manner affect and/or prejudice the right, title and interest of the Purchaser to/over/in any part or alterations as may be deemed fit and proper by portion of the Developer/Sellers or the Architect or as may be required by the authorities concerned Said Unit And The Properties Appurtenant Thereto, and the Purchaser hereby consents waives the right of any prior notice given to the same and hereby further agrees not to have or raise any objection in the Developer/Sellers and/or the Architect making such alterations or additions.that effect 5.3 7.6 The Purchaser shall not do any act deed or thing whereby the construction or development of the said premises Premises is in any way hindered or impeded with nor shall in any way commit breach of any of the terms and conditions herein contained. 5.4 7.7 During the period of construction and at all times the said Unit shall be at the sole risk of the Sellers / DevelopersSeller. On and from the Fit Out Date, the sole responsibility will be of the Purchaser. 5.5 7.8 The Purchaser agrees and undertakes not to do any act, deed or thing either directly or indirectly which may prevent the Seller from undertaking the work of construction of the said New Building and hereby further acknowledges that if because of any act deed or thing established as having been done by the Purchaser or any person claiming through or under him/her/it, the Seller is prevented from proceeding with the work of construction or completion of the New Building, then and in that event the Purchaser shall be liable to compensate the Seller for all costs and charges which the Seller may be suffer or incur in as much the same is likely not only to adversely affect the Seller but also the various other Unit owners intending to acquire a Unit in the said New Building. 7.9 Unless prevented by circumstances beyond established as comprising Force Majeure events, the control said Building shall be constructed and completed by the Seller (as evidenced by the partial/final Completion Certificate) in terms of the Developer specifications as more fully and particularly mentioned and described in the said New Buildings would be completed Sixth Schedule hereunder written within 48 months 30th June, 2018 with a grace period of 12 6(six) months thereafter (hereinafter referred to as the COMPLETION DATE). If completion in the manner as stated hereinabove is delayed beyond the Completion Date, then without prejudice to the other rights of the Purchaser, the Purchaser shall be entitled to and the Seller undertakes and covenants to pay interest to the Purchaser at the rate of 15% (fifteen percent) per annum on each of the sums paid and/or deposited by the Purchaser in terms of and/or in pursuance of this Agreement, to be computed from the date of sanction of the said Plan. 5.6 Before the date of possession of Completion Date until such time the said Unit the is completed in terms hereof. 7.10 The Purchaser agrees and covenants: -covenants:- a) To pay to the Sellers / Developers Seller:- (i) such amounts as due and payable on account of the consideration Total Consideration Amount as mentioned and in the manner stipulated in the Fourth Schedule hereto and hereto; and (ii) on the proportionate Date of fit out , the Proportionate costs of all payments agreed to be made by the Purchaser for extra common facilities to be provided to all the occupiers of the said Building.Building in pursuance of Clause 6.11 hereinabove, b) To on the fit out Date, to deposit the amounts free of interest with the Sellers / Developers Seller of the quantum and for the purpose in Part I and Part II of the Fifth Schedule hereunder written, and subject to the conditions mentioned in the Schedule hereunder writtenthis Agreement. 5.7 Immediately after 7.11 The Seller shall be entitled to convert the said Unit is ready and made fit for habitation (and in this regard the decision nature of user of any part or portion of the Architect shall be final basement and binding) first floor of the Sellers / Developers shall serve a notice on Building from its present use to that for commercial purpose subject to the same being sanctioned by all the authorities concerned including but not limited to the Kolkata Municipal Corporation and further provided that the same does not in any manner affect and/or prejudice the right, title and interest of the Purchaser and within 07 days from to/over/in any part or portion of the date Said Unit And The Properties Appurtenant Thereto, whereupon, subject to the aforesaid, such converted part or portion of such notice (hereinafter referred to as the POSSESSION DATE) the Purchaser basement, or first floor shall be deemed to have taken over possession form a part of the Commercial Area. 7.12 In as much as the various units in the said Unit for the purpose new building are to remain completely independent of making payment each other, none of the common expenses and maintenance charges PROVIDED HOWEVER in no event the Purchaser unit owners shall be entitled to claim physical possession interfere with the rights of the said Unit until such time the Purchaser has made full payment and/or deposited all the amounts payable by the Purchaser to the Sellers / Developers and the Sellers / Developers shall not be liable to deliver possession of the said Unit until such time the Purchaser has made full payment of the amounts agreed to be paid by the Purchaser in terms of this Agreement. 5.8 From the Date of Possession the Purchaser shall be liable to and agrees to pay and contribute the proportionate share of Municipal rates, multi-storied taxes and other taxes, maintenance and service charges and all other outgoings payable presently or which may be imposed or levied in future units in respect of the said Unit common parts and proportionately for the whole building and premises regularly and punctually whether actual physical possession of the said Unit is taken or not by the Purchaserportions. 5.9 In no event the Purchaser shall be entitled to have any claim against the Sellers / Develoeprs if the said New Building and the said Unit are not completed within the completion date, if the Developer is prevented from completing the said new building for any circumstances beyond the control of the Developer and the certificate of the Architect in this regard shall be final and conclusive and binding on the parties.