Common use of EXTRAS AND DEPOSITS Clause in Contracts

EXTRAS AND DEPOSITS. In addition to the consideration payable by the Purchaser to the Vendors as stated hereinabove, the Purchaser shall, before the Date of Commencement of Liability, pay to the Vendors: i) Full costs charges and expenses, for making any additions or alterations and/or for providing at the request of the Purchaser any additional facility and/or utility in or relating to the said Unit in excess of those specified herein and proportionate share of those costs charges and expenses for providing any additional or extra common facility or utility to the Co-owners in the said Building in addition to those mentioned herein, payable before the work is commenced by the Vendors. It is further clarified that if by reason of such additional work any delay is caused in completion of construction of the said Unit and/or the Common Areas and Installations ultimately resulting in delay in the delivery of possession of the said Unit by the Vendors to the Purchaser, the Vendors shall not be liable for any interest damages compensation etc., that may be suffered by the Purchaser thereby. ii) Betterment fees, development charges and other levies taxes duties and statutory liabilities that may be charged on the premises or the said Unit or on its transfer or construction in terms hereof partially or wholly, as the case may be and the same shall be paid by the Purchaser within 7 days of the demand being made by the Vendors. iii) Pay to the Vendors the Electrical & Generator Charges calculated at the rate of Rs. 200/- (Rupees Two hundred) only per Square Foot of the Chargeable Area of the said Unit. Additionally, the Purchaser shall also be liable for payment of service tax on such amount. iv) The full amount of Security Deposit and other costs payable to electricity authorities for obtaining direct electric meter in respect of the said Unit and proportionate share of the total amount of Security Deposit and other costs payable to the electricity authorities for the electric meter/s for maintenance lighting running and operating common areas and installations. It is clarified that the obligation of obtaining direct electric meter in respect of the said Unit shall be that of the Purchaser. v) All stamp fees and registration fees on execution and registration of this agreement and of the sale deed and other documents to be executed and/or registered in pursuance hereof and also all statutory charges payable therefor including the charges of the copywriter for copying of such documents and expenses incidental to registration. The Purchaser is aware that stamp duty on this agreement is payable on ad-valorem basis on the market value of the said Unit and the Vendors shall as and when called upon by the Purchaser, be present for registration and admittance of their signatures. vi) Make payment of the fees and/or legal charges of the Advocates for preparation of this Agreement and the Sale Deed to be executed in pursuance hereof, which shall be Rs.50,000/- (Fifty thousand only) out of which Rs. 25,000/- (Twenty Five thousand only) shall be paid by the Purchaser to the said Advocates at or before the execution hereof and the balance Rs 25,000/- (Twenty five thousand only) on or before the Date of Commencement of Liability or the date of execution of the sale deed in respect of the said Unit, whichever be earlier. In addition to the said fees, the Purchaser shall also be liable for payment of service tax thereon, if and as applicable. vii) Works Contract (Sales) Tax, Service Tax, Vat and other government taxes duties levies and impositions, as applicable from time to time. 6.1 The Purchaser shall deposit and/or keep deposited with the Vendors and/or the Maintenance In-charge the following sums of money against the respective heads hereinbelow mentioned, to remain in deposit with the Vendors and/or the Maintenance In-charge and in the event of any default by the Purchaser in making payment of the municipal and other rates taxes and outgoings, electricity charges, maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the FOURTH SCHEDULE hereunder written) within the due dates and in the manner mentioned hereunder, the Vendors and/or the Maintenance In-charge in their sole discretion and without prejudice to the other rights and remedies available to the Vendors and/or the Maintenance In-charge, be entitled to meet out of the said deposit the amount/s under default. i) A sum calculated @Rs.50/= (Rupees fifty) only per Square foot of the Chargeable Area of the said Unit towards rates and taxes in respect of the said Unit; ii) A sum calculated @Rs.80/= (Rupees eighty) only per Square foot of the Chargeable Area of the said Unit towards maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the Fourth Schedule hereunder written); 6.2 Unless otherwise expressly so mentioned, all the said amounts specified in clauses 6 and 6.1 hereinabove shall be paid and/or deposited by the Purchaser with the Vendors and/or the Maintenance In-Charge, as the case may be, before the Date of Commencement of Liability. This shall not however prejudice the Vendors’ and/or the Maintenance In- Charge’s right to claim or realise the said amounts thereafter in case the liability arises or accrues thereafter or if the Vendors deliver possession of the said Unit without claiming and/or receiving the same and/or otherwise. 6.3 Any payment and/or deposit to be made by the Purchaser hereunder shall not carry any interest.

EXTRAS AND DEPOSITS. 4.1 In addition to the consideration Sale Price mentioned in Part I of the 6th Schedule hereto, the Purchaser shall also pay to the Vendor the following cost and charges: (a) Rs. 21,000/- (Rupees Twenty One Thousand ) per Unit towards legal fees plus applicable service tax, payable to the Vendor, who shall do all accounting with the legal advisors of the Vendor, wholly. (b) Increased costs due to any up-gradation of the Specifications described in the 3rd Schedule below or change of layout of the Said Unit. In this regard it is clarified that (1) the Purchaser can seek specific up-gradation or change of layout of the Said Unit only once, (2) the Vendor shall have absolute discretion in agreeing to such up-gradation or change of layout of the Said Unit, (3) written instruction for specific up-gradation or change of layout of the Said Unit shall have to be given by the Purchaser to the Vendors as stated hereinaboveVendor, (4) if acceptable, the Vendor shall signify consent to the proposed specific up-gradation or change of layout or part thereof of the Said Unit and give a cost estimate for the same, in writing and (5) immediately after the said consent and cost estimate, the Purchaser shallshall have to pay the estimated amount alongwith applicable service tax, before failing which the instruction for up-gradation or change of layout of the Said Unit shall be deemed to have been perpetually withdrawn, waived and abandoned by the Purchaser. (c) Rs.2,000/- towards cost and expenses for formation of the Association (Maintenance Organisation) of the Unit Owners of the Said Complex, wholly. (d) Cost, expenses and deposit for obtaining electric meter for the Said Unit, wholly and for the Common Areas & Facilities, proportionately. (e) Cost for any new/additional facility and/or superior finish over and above those mentioned in the 2nd Schedule or the 3rd Schedule hereto to be provided by the Vendor in the New Building, proportionately. (f) Increase and/or escalation in the cost due to force majeure or for works lying stopped for more than 6 (Six) months, proportionately. (g) Sales Tax, Service Tax or any other tax or levy (excluding Income Tax) payable by the Vendor for transfer of the Said Unit to the Purchaser or on any other payment received from the Purchaser, wholly. 4.2 In addition to the Extras mentioned in paragraph 4.1, the Purchaser shall also pay/deposit with the Vendor the following sums for the purpose mentioned hereunder : (a) Cost of stamp duty, registration charges at actual alongwith miscellaneous expenses of Rs.10,000/- (Rupees Ten Thousand only) for each registration of document for effecting sale / transfer of the Said Unit in pursuance hereof. (b) Rs.20/- (Rupees Twenty only) per square feet towards Maintenance Deposit to be transferred to the Maintenance Organisation upon its formation. (c) Interest free advance of Rs.30/- (Rupees Thirty only) i.e. @ Rs.2.50 paise per square feet per month, for 12 (twelve) months plus the actual cost of diesel for the generator to provide power back up to the Said Unit and also the Common Areas & Facilities plus service tax towards proportionate share of Common Expenses (described in 4th Schedule below) to be incurred by the Vendor for the management and maintenance of Common Areas & Facilities for 12 months from the Date of Commencement Possession (Advance Common Expenses). The Advance Common Expenses shall (1) be utilized for meeting the Common Expenses for the said limited period of Liability12 (twelve) months only, (2) be a fixed payment after paying which the Purchaser shall have no further obligation to pay any other amount towards Common Expenses for the said period of 12 (twelve) months, (3) be utilized by the Vendor to meet all expenses towards Common Expenses, without obligation of any accounting and (4) be handed over by the Vendor to the Vendors: i) Full costs charges and expensesAssociation, for making any additions or alterations and/or for providing at if the request of the Purchaser any additional facility and/or utility in or relating to the said Unit in excess of those specified herein and proportionate share of those costs charges and expenses for providing any additional or extra common facility or utility to the Co-owners in the said Building in addition to those mentioned herein, payable Association becomes operational before the work is commenced by the Vendors. It is further clarified that if by reason of such additional work any delay is caused in completion of construction expiry of the said Unit and/or period of 12 (twelve) months provided however the Common Areas and Installations ultimately resulting in delay in Vendor shall handover only the delivery of possession balance remaining of the said Unit by the Vendors Advance Common Expenses to the PurchaserMaintenance Organisation. 4.3 All taxes of any nature whatsoever and/or howsoever including duties, the Vendors shall not be liable for any interest damages compensation etc.levies, surcharges, charges or fees (whether existing at present or that may be suffered imposed or enhanced in future) under any statute rule or regulation in respect of the Said Premises and/or the Said Complex or the maintenance thereof, shall be borne and paid by the Purchaser thereby. ii) Betterment fees, development charges and other levies taxes duties and statutory liabilities that may be charged on the premises proportionately or the said Unit or on its transfer or construction in terms hereof partially or wholly, wholly as the case may be and the same shall be paid by the Purchaser within 7 days of the on demand being made by the VendorsVendor, without raising any objection thereto. iii) Pay to the Vendors the Electrical & Generator Charges calculated at the rate of Rs. 200/- (Rupees Two hundred) only per Square Foot of the Chargeable Area of the said Unit. Additionally, the Purchaser shall also be liable for payment of service tax on such amount. iv) The full amount of Security Deposit and other costs payable to electricity authorities for obtaining direct electric meter in respect of the said Unit and proportionate share of the total amount of Security Deposit and other costs payable to the electricity authorities for the electric meter/s for maintenance lighting running and operating common areas and installations. It is clarified that the obligation of obtaining direct electric meter in respect of the said Unit shall be that of the Purchaser. v) All stamp fees and registration fees on execution and registration of this agreement and of the sale deed and other documents to be executed and/or registered in pursuance hereof and also all statutory charges payable therefor including the charges of the copywriter for copying of such documents and expenses incidental to registration. The Purchaser is aware that stamp duty on this agreement is payable on ad-valorem basis on the market value of the said Unit and the Vendors shall as and when called upon by the Purchaser, be present for registration and admittance of their signatures. vi) Make payment of the fees and/or legal charges of the Advocates for preparation of this Agreement and the Sale Deed to be executed in pursuance hereof, which shall be Rs.50,000/- (Fifty thousand only) out of which Rs. 25,000/- (Twenty Five thousand only) shall be paid by the Purchaser to the said Advocates at or before the execution hereof and the balance Rs 25,000/- (Twenty five thousand only) on or before the Date of Commencement of Liability or the date of execution of the sale deed in respect of the said Unit, whichever be earlier. In addition to the said fees, the Purchaser shall also be liable for payment of service tax thereon, if and as applicable. vii) Works Contract (Sales) Tax, Service Tax, Vat and other government taxes duties levies and impositions, as applicable from time to time. 6.1 The Purchaser shall deposit and/or keep deposited with the Vendors and/or the Maintenance In-charge the following sums of money against the respective heads hereinbelow mentioned, to remain in deposit with the Vendors and/or the Maintenance In-charge and in the event of any default by the Purchaser in making payment of the municipal and other rates taxes and outgoings, electricity charges, maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the FOURTH SCHEDULE hereunder written) within the due dates and in the manner mentioned hereunder, the Vendors and/or the Maintenance In-charge in their sole discretion and without prejudice to the other rights and remedies available to the Vendors and/or the Maintenance In-charge, be entitled to meet out of the said deposit the amount/s under default. i) A sum calculated @Rs.50/= (Rupees fifty) only per Square foot of the Chargeable Area of the said Unit towards rates and taxes in respect of the said Unit; ii) A sum calculated @Rs.80/= (Rupees eighty) only per Square foot of the Chargeable Area of the said Unit towards maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the Fourth Schedule hereunder written); 6.2 Unless otherwise expressly so mentioned, all the said amounts specified in clauses 6 and 6.1 hereinabove shall be paid and/or deposited by the Purchaser with the Vendors and/or the Maintenance In-Charge, as the case may be, before the Date of Commencement of Liability. This shall not however prejudice the Vendors’ and/or the Maintenance In- Charge’s right to claim or realise the said amounts thereafter in case the liability arises or accrues thereafter or if the Vendors deliver possession of the said Unit without claiming and/or receiving the same and/or otherwise. 6.3 Any payment and/or deposit to be made by the Purchaser hereunder shall not carry any interest.

EXTRAS AND DEPOSITS. In addition to the consideration payable by the Purchaser to the Vendors as stated hereinabove, the Purchaser shall, before the Date of Commencement of LiabilityLiability or earlier on demand, pay to the Vendors: i) Full costs charges and expenses, for making any additions or alterations and/or for providing at the request of the Purchaser any additional facility and/or utility in or relating to the said Unit in excess of those specified herein and proportionate share of those costs charges and expenses for providing any additional or extra common facility or utility to the Co-owners in the said Building in addition to those mentioned herein, payable before the work is commenced by the Vendors. It is further clarified that if by reason of such additional work any delay is caused in completion of construction of the said Unit and/or the Common Areas and Installations ultimately resulting in delay in the delivery of possession of the said Unit by the Vendors to the Purchaser, the Vendors shall not be liable for any interest damages compensation etc., that may be suffered by the Purchaser thereby. ii) Betterment fees, development charges and other levies taxes duties and statutory liabilities that may be charged on the premises or the said Unit or on its transfer or construction in terms hereof partially or wholly, as the case may be and the same shall be paid by the Purchaser within 7 days of the demand being made by the Vendors. iii) Pay to the Vendors the Electrical & Generator Charges calculated at the rate of Rs. 200/- (Rupees Two hundred100/-(Rupees One Hundred Only) only per Square Foot of the Chargeable Area of the said Unit. Additionally, the Purchaser shall also be liable for payment of service tax on such amount. iv) The full amount of Security Deposit and other costs payable to electricity authorities for obtaining direct electric meter in respect of the said Unit and proportionate share of the total amount of Security Deposit and other costs payable to the electricity authorities for the electric meter/s for maintenance lighting running and operating common areas and installations. It is clarified that the obligation of obtaining direct electric meter in respect of the said Unit shall be that of the Purchaser. v) All stamp fees and registration fees on execution and registration of this agreement and of the sale deed and other documents to be executed and/or registered in pursuance hereof and also all statutory charges payable therefor including the charges of the copywriter for copying of such documents and expenses incidental to registration. The Purchaser is aware that stamp duty on this agreement is payable on ad-valorem basis on the market value of the said Unit and the Vendors shall as and when called upon by the Purchaser, be present for registration and admittance of their signatures. vi) Make payment of the fees and/or legal charges of the Advocates for preparation of this Agreement and the Sale Deed to be executed in pursuance hereof, which shall be Rs.50,000/- Rs. 20000/- (Fifty thousand Rupees Twenty Thousand only) out of which Rs. 25,000/- 10000/- (Twenty Five thousand Rupees Ten Thousand) only) shall be paid by the Purchaser to the said Advocates at or before the execution hereof and the balance Rs 25,000/- Rs. 10000/- (Twenty five thousand Rupees Ten Thousand only) on or before the Date of Commencement of Liability or the date of execution of the sale deed in respect of the said Unit, whichever be earlier. In addition to the said fees, the Purchaser shall also be liable for payment of service tax thereon, if and as applicable. vii) Works Contract (Sales) Tax, Service Tax, Vat and other government taxes duties levies and impositions, as applicable from time to time. 6.1 The Purchaser shall deposit and/or keep deposited with the Vendors and/or the Maintenance In-charge the following sums of money against the respective heads hereinbelow mentioned, to remain in deposit with the Vendors and/or the Maintenance In-In- charge and in the event of any default by the Purchaser in making payment of the municipal and other rates taxes and outgoings, electricity charges, maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the FOURTH SCHEDULE hereunder written) within the due dates and in the manner mentioned hereunder, the Vendors and/or the Maintenance In-charge in their sole discretion and without prejudice to the other rights and remedies available to the Vendors and/or the Maintenance In-charge, be entitled to meet out of the said deposit the amount/s under default. i) A sum calculated @Rs.50/= @Rs. 30/- (Rupees fiftyThirty only) only per Square foot of the Chargeable Area of the said Unit towards rates and taxes in respect of the said Unit; ii) A sum calculated @Rs.80/= @Rs. 60/- (Rupees eightySixty only) only per Square foot of the Chargeable Area of the said Unit towards maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the Fourth Schedule hereunder written); 6.2 Unless otherwise expressly so mentioned, all the said amounts specified in clauses 6 and and 6.1 hereinabove shall be paid and/or deposited by the Purchaser with the Vendors and/or the Maintenance In-Charge, as the case may be, before the Date of Commencement of LiabilityLiability or on demand, whichever be earlier. This shall not however prejudice the Vendors’ and/or the Maintenance In- In-Charge’s right to claim or realise the said amounts thereafter in case the liability arises or accrues thereafter or if the Vendors deliver possession of the said Unit without claiming and/or receiving the same and/or otherwise. 6.3 Any payment and/or deposit to be made by the Purchaser hereunder shall not carry any interest.

EXTRAS AND DEPOSITS. In addition to the consideration payable by the Purchaser to the Vendors Developer as stated hereinabove, the Purchaser shall, before the Date of Commencement of Liability, pay to the Vendors: i) Full costs charges and expenses, for making any additions or alterations and/or for providing at the request of the Purchaser any additional facility and/or utility in or relating to the said Unit in excess of those specified herein and proportionate share of those costs charges and expenses for providing any additional or extra common facility or utility to the Co-owners in the said Building in addition to those mentioned herein, payable before the work is commenced by the Vendors. It is further clarified that if by reason of such additional work any delay is caused in completion of construction of the said Unit and/or the Common Areas and Installations ultimately resulting in delay in the delivery of possession of the said Unit by the Vendors to the Purchaser, the Vendors shall not be liable for any interest damages compensation etc., that may be suffered by the Purchaser thereby. ii) Betterment fees, development charges and other levies taxes duties and statutory liabilities that may be charged on the premises or the said Unit or on its transfer or construction in terms hereof partially or wholly, as the case may be and the same shall be paid by the Purchaser within 7 days of the demand being made by the Vendors. iii) Pay to the Vendors the Electrical & Generator Charges calculated at the rate of Rs. 200/- (Rupees Two hundred) only per Square Foot of the Chargeable Area of the said Unit. Additionally, hereinabove the Purchaser shall also be liable for payment of service tax on such amountpay to the Developer the additional payments and/or make the deposits particularly described in the Sixth Schedule hereunder written which are non- refundable. iv) The full amount of Security Deposit and other costs payable to electricity authorities for obtaining direct electric meter in respect of the said Unit and proportionate share of the total amount of Security Deposit and other costs payable to the electricity authorities for the electric meter/s for maintenance lighting running and operating common areas and installations. It is clarified that the obligation of obtaining direct electric meter in respect of the said Unit shall be that of the Purchaser. v) All stamp fees and registration fees on execution and registration of this agreement and of the sale deed and other documents to be executed and/or registered in pursuance hereof and also all statutory charges payable therefor including the charges of the copywriter for copying of such documents and expenses incidental to registration. The Purchaser is aware that stamp duty on this agreement is payable on ad-valorem basis on the market value of the said Unit and the Vendors shall as and when called upon by the Purchaser, be present for registration and admittance of their signatures. vi) Make payment of the fees and/or legal charges of the Advocates for preparation of this Agreement and the Sale Deed to be executed in pursuance hereof, which shall be Rs.50,000/- (Fifty thousand only) out of which Rs. 25,000/- (Twenty Five thousand only) shall be paid by the Purchaser to the said Advocates at or before the execution hereof and the balance Rs 25,000/- (Twenty five thousand only) on or before the Date of Commencement of Liability or the date of execution of the sale deed in respect of the said Unit, whichever be earlier. In addition to the said fees, the Purchaser shall also be liable for payment of service tax thereon, if and as applicable. vii) Works Contract (Sales) Tax, Service Tax, Vat and other government taxes duties levies and impositions, as applicable from time to time. 6.1 The Purchaser shall deposit and/or keep deposited with the Vendors and/or the Maintenance In-charge the following sums of money against the respective heads hereinbelow mentioned, to remain in deposit with the Vendors and/or the Maintenance In-charge and in the event of any default by the Purchaser in making payment of the municipal and other rates taxes and outgoings, electricity charges, maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the FOURTH SCHEDULE hereunder written) within the due dates and in the manner mentioned hereunder, the Vendors and/or the Maintenance In-charge in their sole discretion and without prejudice to the other rights and remedies available to the Vendors and/or the Maintenance In-charge, be entitled to meet out of the said deposit the amount/s under default. i) A sum calculated @Rs.50/= (Rupees fifty) only per Square foot of the Chargeable Area of the said Unit towards rates and taxes in respect of the said Unit; ii) A sum calculated @Rs.80/= (Rupees eighty) only per Square foot of the Chargeable Area of the said Unit towards maintenance charges and proportionate liability towards the Common Expenses (including those mentioned in the Fourth Schedule hereunder written); 6.2 9.1 Unless otherwise expressly so mentioned, all the said amounts specified in clauses 6 and 6.1 hereinabove the Sixth Schedule shall be paid and/or deposited by the Purchaser with the Vendors and/or the Maintenance In-Charge, as the case may be, Developer on or before the Date of Commencement of Liability. This shall not however prejudice the Vendors’ and/or the Maintenance In- ChargeDeveloper’s right to claim or realise the said amounts thereafter in case the liability arises or accrues thereafter or if the Vendors Developer deliver possession of the Unit without claiming and/or receiving the same and/or otherwise. 9.2 It is expressly agreed and understood that in case the exact liability on all or any of the heads mentioned hereinabove cannot be quantified then the payment shall be made according to the Developer’s reasonable estimate subject to subsequent accounting and settlement within a reasonable period. 9.3 Any apportionment of the liability of the Purchaser in respect of any item of expenses, taxes, duties, levies, service taxes and outgoings payable by the Purchaser hereunder shall be final and binding on the Purchaser and the Purchaser shall be entitled to take inspection of the available supportings as and when required. 9.4 It is further expressly agreed and made clear that the payments and deposits to be made by the Purchaser hereunder shall not carry any interest and all such amounts to be paid and/or deposited by the Purchaser shall be held in trust by the Developer and specifically utilized for such purpose only and not otherwise. 9.5 In order to retain the Complex as a decent Residential Complex and as such to avoid any controversy in future and also for ensuring that proper maintenance and up- keep of the Complex continues, the Purchaser shall keep in deposit with the Maintenance in charge an amount as determined by it in its absolute discretion towards maintenance, free of interest. 9.6 Unless otherwise expressly so mentioned, all the said amounts specified hereinabove shall be paid and/or deposited by the Purchaser with the Developer/ Maintenance in charge before the Date of Commencement of Liability. This shall not however prejudice the Developer’s right to claim or realize the said amounts thereafter in case the liability arises or accrues thereafter or if the Developer deliver possession of the said Unit without claiming and/or receiving the same and/or otherwise. 6.3 Any payment and/or deposit to 9.7 All payments shall be made at the office of the Developer/ Maintenance in charge against proper receipts being granted by the Developer/ Maintenance in charge or its Authorised Representative it being expressly agreed that the Purchaser hereunder shall not carry be entitled to and agrees not to set up any interestoral agreement regarding the payments and due performance and observance of the terms and conditions herein contained.