Common use of INTERIM MAINTENANCE PERIOD Clause in Contracts

INTERIM MAINTENANCE PERIOD. 3.1 During the interim maintenance and providing essential services period between obtaining of the completion certificate of the Project and formation and operationalization of the Association, the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the Project. 3.2 The Rules/Bye Laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and proper and all the Allottees are bound to follow the same. After the maintenance and management of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During the interim maintenance and providing essential services period between obtaining of the completion certificate of the Project and formation and operationalization of the Association, the Developer/Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the Project. 3.2 The Rules/Bye Laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Developer/Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and proper and all the Allottees are bound to follow the same. After the maintenance and management of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws as may be framed by the PromoterDevelopers /Promoters, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period of 60 days specified by the Developer/Promoter in the notice issued by the Developer/Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter Developers/ Promoters the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Developer/Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Developer/Promoter deems fit and proper, the Developer/Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Developer/Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During In addition, to whatever has been agreed in the interim clauses 11 and 19 above, the Parties agree specifically as under with regard to maintenance and providing essential services period between obtaining management of the completion certificate Common Areas: a. The Promoter, in order to ensure the benefit of the Project and formation the allottees, either on its own or through its nominated agency shall maintain and operationalization manage the Common Areas at the costs and expenses of the Associationallottees but for a period not exceeding one1 (one) year from the date of obtaining the completion certificate for the Project (“Interim Maintenance Period”). The Allottee, will pay Maintenance Charges inclusive of applicable taxes for the aforementioned Interim Maintenance Period, based on the bills to be raised by the Promoter itself or through a Facility Management Agency (“Interim Maintenance Charge”). It is hereby clarified that in case the Association is not formed even after the Interim Maintenance Period without any fault on the part of the Promoter and despite its repeated persuasion for the formation of the Association of Allottees, then, there shall provide be separate agreement between the Promoter and maintain essential services in the allottee(s) containing the exhaustive terms and conditions to regulate the upkeep, security, maintenance and management of Common Areas beyond the Interim Maintenance Period. b. The maintenance and management of Common Areas by the Association will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, culvert, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. 3.2 c. The Rules/Bye Laws rules and bye laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and may be necessary for proper maintenance and all the Allottees allottees are bound to follow the same. . d. After the maintenance and management Common Areas of the Project are handed over to the Association, the Association may adopt the Rules rules and the Bye bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For . The Allottee has represented that the avoidance Allottee has the financial and other resources to meet and comply with all financial and other obligations under this Agreement, punctually and in a timely manner; however, in the event of facilitating the payment of the consideration, the Allottee shall be entitled to apply for and obtain financial assistance from recognized banks and/or financial institutions. In the event of the Allottee obtaining any doubtfinancial assistance and/or housing loan from any bank and/or financial institution, the Promoter shall be entitled and is hereby authorised by the Allottee to act in accordance with the instructions of the bank and/or financial institution in terms of the agreement between the Allottee and the Bank and/or financial institution, subject however to the Promoter receiving the entire mutually agreed consideration for sale and transfer of the Unit in terms of this Agreement and in no event the Promoter shall assume any liability and/or responsibility for any loan and/or financial assistance which may be obtained by the Allottee/s from such bank and/or financial institution. None of the following is intended to be or shall be transferred in favour of the Allottee and the Allottee shall have no ownership whatsoever in respect of (a) The clear demarcated land areas identified, earmarked and dedicated for the development of Wing-1; (b) The Project Common Areas; (c) The Residential Zone Shared Common Areas; (c) Other residential apartments and parking spaces in the Project and/or the other Wing/Phases/Zone comprised in the Residential Zone/Complex; (d) The Commercial Zone Land or any part thereof. It is expressly clarified herein in respect of the residential apartments, parking and other spaces, properties and other rights comprised in the Project and/or the Complex which are not intended to be transferred to the Allottee, the Promoter shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by it is clarified that if within and in its absolute discretion, without any reference or objection of to the time period specified Allottee. The Allottee hereby consents to the same and undertakes not to raise any claim or create or cause to be created for any reason, directly or indirectly, any obstruction or hindrance whatsoever regarding the same. The Future Residential Phase and Commercial Zone Land are excluded from the scope,purview and ambit of these presents and the Future Residential Phase and Commercial Zone Land shall continue to be held and possessed by the Promoter solely, exclusively and absolutely with the right and interest to enjoy, use and develop in the notice issued manner as the Promotermay deem fit and proper in its absolute discretion, and the Allottee shall not have any objection or protest with regard to the nature or time period of development thereof or any claim or demand of any nature whatsoever with regard thereto and the Promoter shall be absolutely entitled to obtain or change or modify the plan(s) for undertaking the development of the Future Residential Phase and Commercial Zone without any recourse whatsoever to theAllottee or to the other purchasers/allottees of the Project/Residential Zone/Commercial Zone. The Allottee shall not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the remaining Wing/Phases/Zone comprised in the Complex and/or the transfer, sale or disposal of any other apartment and/or parking space comprised in the Project as well as those comprised in any of the remaining Wing/Phases/Zone comprised in the Complex. The Allottee shall pay all future betterment/development charges etc. relating to the said Apartment and/or the Project Common Areas and/or the Residential Zone Shared Common Areas and/or Sampurna Shared Common Areas. The Allottee has, inter alia, inspected and verified all the documents as also the Project Plan of the Apartment, the Project, the Residential Zone and is satisfied as to the Plan and the condition and description of all fixtures and fittings to be installed and/or provided therein and also as to the amenities and facilities appertaining to the Apartment and also to the nature, scope and extent of benefit or interest in the Project and/or the Project Common Areas and/or the Residential Zone Shared Common Areas and/or the Sampurna Shared Common Areas. The Allottee understands that the car parking spaces located at the ground, first and second floor of Wing 2 & 3 are not part of the Project Common Areas. A parking space may be allotted/sold by the Promoter to an allottee/purchaser of an apartment comprised in any of the other Wings within the Residential Zone and such allottee shall have unrestricted, perpetual, irrevocable, non-exclusive right to access and use the driveways/ramps located at the ground, first and second floor of Wing 2 & 3 for ingress and egress to and from his allotted parking space in common with the Allottee, the Promoter (for the unallotted apartments and parking spaces) and other allottees/purchasers/lawful occupants of Wing 2 & 3.. The Project Common Areas, which include the common areas, parts and portions within the Project, are dedicated to the Project and intended for perpetual, irrevocable, non-exclusive use and enjoyment by the Allottee in common with the Promoter (for the unallotted apartments and parking spaces) all the other allottees/purchasers/lawful occupants of other apartments and parking spaces comprised in the Project SAVE AND EXCEPT the ramps/driveways comprised in ground, first and second floors of Wing 2 & 3 which shall form a part of the Residential Zone Shared Common Areas, more fully and particularly described in Part B of Schedule-F. The Allottee shall be entitled to the perpetual, irrevocable but non-exclusive right to use the Residential Zone Shared Common Areas and the Sampurna Shared Common Areas more fully and particularly described in Schedule-F, which due to the complex scheme of development, design, logistic and operational reasons cannot be segregated and are required to be integrated with the other phases for the benefit of the allottees/purchasers/lawful occupants of the Project in common with the Promoter (for the unallotted or retained apartments/units/spaces) and the allottees/purchasers/lawful occupants of the others Wing/Phases of the Complex/Residential Zone/Commercial Zone. The Apartment Acquirers, along with Parking Spaces shall be treated as a single indivisible unit for all purposes. The Allottee shall use the Parking Space allotted to him with the Apartment. The Parking Space allotted cannot be transferred separately and is transferable along with the Apartment Acquirers fails only and shall be deemed to have been transferred with the Apartment even though the same be not expressly mentioned in any future deeds or conveyances or instrument of transfer. The Allottee shall pay all taxes, charges, levies and impositions payable as owner or occupier of the Apartment and also proportionate share of all taxes, levies and/or neglects to take over from impositions if any, of the Promoter the hand over and/or transferProject Common Areas and Residential Zone Shared Common Areas and Sampurna Shared Common Areas, as the case may be, payable by the Allottee and this liability shall be perpetual, even if not mentioned anywhere in any future conveyance or instrument of transfer. All prices, rates, fees and charges etc. mentioned in this Agreement and/or Deed of Conveyance to be executed are exclusive of any applicable taxes, cess, duties, levies etc. (both present and future) imposed by any appropriate authority (ies) which shall be payable separately by the Allottee. The land comprised in R.S Dag No 1063 having an area of 7 (seven) decimal is owned by one Xxxxxx Xxxxxx Private Limited (“SNPL”) located on North East side corner of the Common Areas Larger Land as demarcated and depicted in map/plan annexed as Annexure “VI” hereto and marked in colour “Red” as shall always be treated as adjoining property to the said Larger Land (“Adjoining Property”). It is expressly agreed understood and clarified that both the Larger Land and the responsibilities Adjoining Property are and shall always remain independent and separate properties notwithstanding the fact that a single Holding No has been issued by the concerned authority and a single master plan and/or layout plan and/or building plan has been sanctioned for both the properties. The Allottee herein shall have no right, title and interest over the said Adjoining Property. The Allottee has been made aware and has unconditionally agreed that SNPL shall have unhindered access to the Adjoining Property from the main gate of maintenance Sampurna, driveways/spaces of the Larger Land as demarcated and providing essential services depicted in map/plan annexed hereto and marked as Annexure “VI” and marked in colour “Blue” (“Access Passage”). The Allottee hereby agrees and acknowledges that the Project on the Larger Land and/or Project Land has been developed in such a manner that SNPL shall always have free access to the Adjacent Property through the Passage on the Larger Land. The Allottee herein shall have perpetual, unconditional and non-exclusive right of way in the Passage and the Owners shall not transfer absolutely the Passage to the association of allottees. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed understood and clarified that since under the provisions of applicable laws, the common areas and/or the land comprised in the said Larger Land/Residential Zone Land or any part thereof are required to be transferred to the association, the Allottee shall do all acts deeds and things and sign execute and deliver all papers documents etc., as be required therefor and if any stamp duty, registration fee, legal fees, other expenses, etc., is payable therefor, then on the same shall be borne paid and discharged by the allottees proportionately and/or the association of allottees (including the Allottee herein) and the Promoter shall not be liable therefor in any manner and the Allottee and the other allottees shall keep the Promoter fully indemnified with regard thereto. The Allottee shall be and remain responsible for and indemnify the Promoter and the Association against all damages, costs, claims, demands and proceedings occasioned to the said Larger Land/Residential Zone Land or any other part of the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non- observance non-fulfillment or non-performance of the terms and conditions hereof to be observed fulfilled and performed by the Allottee. The Allottee has further been made expressly aware that there is a permanent right of easement use and access in respect of the culvert (“Access Culvert”), which connects the main road being B.T Road with the Sampurna and/or Complex, in respect whereof Public Works Department, Government of West Bengal (“PWD”) by a Licence Agreement dated 29 December 2017 had granted license for a period of 5 years in favour of the Owners to use the same for ingress and egress to and from the Sampurna, subject to renewal by the PWD after the expiry of the aforesaid periodterm of 5 years. The Allottee has further been made aware that till formation of the Association of allottees, the Owners shall make its endeavour to apply for renewal of such license and obtain the same on such terms and conditions as may be agreed upon with PWD and the Allottee hereby accords his/her/its consent to the same. On formation of the Association of allottees, the onus of applying and renewing the license shall be solely on the association of allottees and the Owners and/or the Promoter shall no longer not be responsible for obtaining such license from the PWD authorities. The Allottee has understood that the Wings/infrastructure and/or amenities and facilities comprised within the various Phases of the Complex shall be constructed on the basis of sanction of an integrated Master Plan sanctioned on the area of Larger Land and the said plan is impartible and indivisible, subject to modifications/revisions to the extent as may be permitted under the applicable law in respect of consumption of available (Floor Space Index (FSI)/Floor Area Ratio (FAR) or additional FSI/ FAR granted in future in respect of the Residential Zone Land. The Allottee shall be liable to pay a sum of Rs35,000/- ( Rupees Thirty Five Thousand only) plus applicable taxes towards the legal charges for preparation of this Agreement and the proposed deed of conveyance to be executed in pursuance hereof. Out of which one-half shall be paid by the Allottees at or responsible before execution hereof and the balance one-half on or before thedate of possession of the Apartment. The Allottee hereby expressly and unequivocally agrees to strictly observe and fulfil the rules, regulations and restrictions as described in the Schedule-K hereunder written for the same. Each of such liabilities, responsibilities, obligations etc. shall on better use and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge enjoyment of the acts relating to Apartment, Parking Space and also for the Common Purposes better management and maintenance of the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, Wings and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes thereforeProject.

INTERIM MAINTENANCE PERIOD. 3.1 During the interim maintenance and providing essential services period between obtaining of the completion certificate of the Project and formation and operationalization of the Association, the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the Project. 3.2 The Rules/Bye Laws to regulate the use and maintenance of the Common Areas and Shared Facilities and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and proper and all the Allottees are bound to follow the same. After the maintenance and management of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period of 90 days specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During the interim maintenance and providing essential services period between obtaining of the completion certificate of the Project and formation and operationalization of the Association, the Promoter itself or through a Facility Management Agency facility management agency shall provide and maintain essential services in the ProjectProject (including the Club). 3.2 The Rules/Bye Laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency facility management agency with such restrictions as it deems fit and proper and all the Allottees are bound to follow the same. After the maintenance and management of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws as may be framed by the PromoterPromoter , with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period of 60 days specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment AcquirersOther Allottees, the Apartment Acquirers Other Allottees fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers Other Allottees including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Maintenance Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 (i) During the interim maintenance and providing essential services period between obtaining of the completion certificate of the Project and formation and operationalization of the Association, the Developer/Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the Project. 3.2 (ii) The Rules/Bye Laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Developer/Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and proper and all the Allottees are bound to follow the same. After the maintenance and management of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws as may be framed by the PromoterDevelopers /Promoters, with or without amendments, as may be deemed necessary by the Association. 3.3 (iii) For the avoidance of any doubt, it is clarified that if within the time period of 60 days specified by the Developer/Promoter in the notice issued by the Developer/Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter Developers/ Promoters the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Developer/Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Developer/Promoter deems fit and proper, the Developer/Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Developer/Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During In addition, to whatever has been agreed in the interim clauses 11 and 19 above, the Parties agree specifically as under with regard to maintenance and providing essential services period between obtaining management of the completion certificate Common Areas: a. The Promoter, in order to ensure the benefit of the Project and the allottees, either on its own or through its nominated agency shall maintain and manage the Common Areas at the costs and expenses of the allottees but for a period not exceeding three (3) years from the date of obtaining the completion certificate for the Project (“Interim Maintenance Period”). The Allottee, will pay Maintenance Charges inclusive of applicable taxes for the aforementioned Interim Maintenance Period. It is hereby clarified that in case the Association is not formed even after the Interim Maintenance Period without any fault on the part of the Promoter and despite its repeated persuasion for the formation and operationalization of the Association, then, there shall be separate agreement between the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the allottee(s)containing the exhaustive terms and conditions to regulate the upkeep, security, maintenance and management of Common Areas beyond the Interim Maintenance Period. b. The maintenance and management of Common Areas by the Association will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s of Mechanical Car Parking, valet (if any), Municipal taxes (if any) etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. 3.2 c. The Rules/Bye Laws rules and bye laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and may be necessary for proper maintenance and all the Allottees allottees are bound to follow the same. . d. After the maintenance and management Common Areas of the Project are handed over to the Association, the Association may adopt the Rules rules and the Bye bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During the interim maintenance and providing essential services period between obtaining of the completion certificate of the Project and formation and operationalization of the Association, the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the Project. 3.2 The Rules/Bye Laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and proper and all the Allottees are bound to follow the same. After the maintenance and management of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period of 60 days specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During the interim maintenance and providing essential services period between obtaining handing over possession of the completion certificate of respective units to the Project allottees and the formation and operationalization of the AssociationMaintenance Body, the Owner/Promoter shall through itself or through a Facility Management Agency shall provide facility management company run, operate, manage and maintain essential services in the Project Common Areas, Amenities and Facilities. The Owner/Promoter shall also be entitled to a management fee calculated at 10% of the total maintenance charges together with applicable GST thereon. The Owner/Promoter shall endeavour that the facility management company responsible for the maintenance and operation of the Project Common Areas, Amenities and Facilities will be required to provide manpower for maintaining the same wherever required, and to collect maintenance charges and the user charges for the utilities being provided on “pay and use” basis, if any. The maintenance and management of Project Common Areas, Amenities and Facilities by the facility management company and the Maintenance Body on formation, will primarily include the maintenance of the Project (including the Building and the Project Common Areas, Amenities and Facilities) and for timely renewal of all permissions, licenses, approvals, annual maintenance contracts, as the case may be. It will also include safety and security of the Project such as fire detection and protection and management of general security and control of the Project. 3.2 . The Rules/Bye Laws to regulate the use and maintenance of the Project Common Areas Areas, Amenities and provide essential services Facilities shall during the interim maintenance period shall be such as may be framed by the Owner/Promoter itself or through the Facility Management Agency with such restrictions as it deems fit may be necessary for proper maintenance and proper and all the Allottees are Allottee shall be bound to follow the same. After the maintenance Project Common Areas, Amenities and management of the Project Facilities are handed over to the AssociationMaintenance Body, the Association Maintenance Body may adopt the Rules and the Bye laws as may be framed by the Owner/Promoter, with or without amendments, as may be deemed necessary deemednecessary by the Association. 3.3 For Maintenance Body. The Allottee agrees and undertakes to deposit the avoidance of any doubtnon-interest bearing security deposit (as specified in the Payment Plan) with the Owner/Promoter. The Allottee agrees and acknowledges that Sinking Fund, it is clarified that if within Electricity meter deposit and the time period specified interest free maintenance deposit shall be handed over to the Maintenance Body by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment AcquirersOwner/Promoter, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereoninterest, after adjusting adjusting/deducting there from all amounts then remaining due and payable by the Allottee or the several other allottees of the Project on account of outstanding maintenance and common charges and expenses to the Promoter Owner/Promoter, together with interest accrued thereon. Such amount(s), and the amounts if any, thus transferred, transferred shall be held by the Association, Maintenance Body on behalf of and on account of the Allottee and the other allottees of the Project. The Allottee undertakes to make good and pay to the Maintenance Body all such amounts that may be deducted/adjusted as aforesaid by the Owner/Promoter as due and payable by the Allottee and/or to replenish any shortfalls caused on account of the Allottee. The Owner/Promoter shall not be held liable, in any manner whatsoever, for any shortfall in the purposes thereforeSinking Fund, Electricity meter deposit and the interest free maintenance deposit due to the above adjustments or otherwise after the handover of the Sinking Fund, Electricity meter deposit and the interest free maintenance deposit by the Owner/Promoter to the Maintenance Body and the Allottee and the Maintenance Body shall jointly and severally keep the Owner/Promoter indemnified for the same. The Allottee acknowledges and agrees to allow the Owner/Promoter to adjust any receivables and/or dues towards common charges and expenses from the Sinking Fund, Electricity meter deposit and the interest free maintenance deposit before the same is handed over to the Maintenance Body. The Allottee hereby agrees and undertakes to bear all taxes that may be levied on the Owner/Promoter on account of making such adjustments and/or on account of the Owner/Promoter transferring/handing over the Sinking Fund Electricity meter deposit and the interest free maintenance deposit to the Maintenance Body. On any such adjustments being made from the Sinking Fund Electricity meter deposit and the interest free maintenance deposit, the Allottee hereby undertakes to make good the resultant shortfall in the Sinking Fund Electricity meter deposit and the interest free maintenance deposit within 15 (fifteen) days of a demand made by the Owner/Promoter and/or the Maintenance Body on formation with respect thereto.

INTERIM MAINTENANCE PERIOD. 3.1 During the interim maintenance and providing essential services period between obtaining of the completion certificate of the Project and formation and operationalization of the Association, the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the Project. 3.2 . The Rules/Bye Laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and proper and all the Allottees are bound to follow the same. After the maintenance and management of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 . For the avoidance of any doubt, it is clarified that if within the time period of 60 days specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During In addition, to whatever has been agreed in the interim clauses 11 and 19 above, the Parties agree specifically as under with regard to maintenance and providing essential services period between obtaining management of the completion certificate Common Areas: a. The Promoter, in order to ensure the benefit of the Project and the allottees, either on its own or through its nominated agency shall maintain and manage the Common Areas at the costs and expenses of the allottees but for a period not exceeding one 1 (one) year from the date of obtaining the completion certificate for the Project (“Interim Maintenance Period”). The Allottee, will pay Maintenance Charges inclusive of applicable taxes for the aforementioned Interim Maintenance Period, based on the bills to be raised by the Promoter (“Interim Maintenance Charge”). It is hereby clarified that in case the Association is not formed even after the Interim Maintenance Period without any fault on the part of the Promoter and despite its repeated persuasion for the formation and operationalization of the Association, then, there shall be separate agreement between the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the allottee(s) containing the exhaustive terms and conditions to regulate the upkeep, security, maintenance and management of Common Areas beyond the Interim Maintenance Period. b. The maintenance and management of Common Areas by the Association will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, culvert, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. 3.2 c. The Rules/Bye Laws rules and bye laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and may be necessary for proper maintenance and all the Allottees allottees are bound to follow the same. . d. After the maintenance and management Common Areas of the Project are handed over to the Association, the Association may adopt the Rules rules and the Bye bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During In addition, to whatever has been agreed in the interim clauses 11 and 19 above, the Parties agree specifically as under with regard to maintenance and providing essential services period between obtaining management of the completion certificate Common Areas: a. The Promoter, in order to ensure the benefit of the Project and the allottees, either on its own or through its nominated agency shall maintain and manage the Common Areas at the costs and expenses of the allottees but for a period not exceeding 2 (two) year from the date of obtaining the completion certificate for the Project (“Interim Maintenance Period”). The Allottee, will pay Maintenance Charges inclusive of applicable taxes for the aforementioned Interim Maintenance Period, based on the bills to be raised by the Promoter (“Interim Maintenance Charge”). It is hereby clarified that in case the Association is not formed even after the Interim Maintenance Period without any fault on the part of the Promoter and despite its repeated persuasion for the formation and operationalization of the Association, then, there shall be separate agreement between the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the allottee(s) containing the exhaustive terms and conditions to regulate the upkeep, security, maintenance and management of Common Areas beyond the Interim Maintenance Period. b. The maintenance and management of Common Areas by the Association will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, culvert, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. 3.2 c. The Rules/Bye Laws rules and bye laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and may be necessary for proper maintenance and all the Allottees allottees are bound to follow the same. . d. After the maintenance and management Common Areas of the Project are handed over to the Association, the Association may adopt the Rules rules and the Bye bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.

INTERIM MAINTENANCE PERIOD. 3.1 During the interim The Purchaser further agrees specifically as under with regard to maintenance and providing essential services period between obtaining management of the completion certificate Common Areas: (i) The Promoter, in order to ensure the benefit of the Project and the allottees/purchasers, either on its own or through its nominated agency shall maintain and manage the Common Areas at the costs and expenses of the allottees/purchasers but for a period not exceeding three (3) years from the date of obtaining the completion certificate for the Project (“Interim Maintenance Period”). The Purchaser will pay Maintenance Charges inclusive of applicable taxes for the aforementioned Interim Maintenance Period, which amount is included in the Total Price and shall be referred to as the “Interim Maintenance Charge”. It is hereby clarified that in case the Association is not formed even after the Interim Maintenance Period without any fault on the part of the Promoter and despite its repeated persuasion for the formation and operationalization of the Association, then, there shall be separate agreement between the Promoter itself or through a Facility Management Agency shall provide and maintain essential services in the allottee(s)/purchasers containing the exhaustive terms and conditions to regulate the upkeep, security, maintenance and management of Common Areas beyond the Interim Maintenance Period. (ii) The maintenance and management of Common Areas by the Association will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s of Mechanical Car Parking, valet (if any) ,Municipal taxes(if any) etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. 3.2 (iii) The Rules/Bye Laws rules and bye laws to regulate the use and maintenance of the Common Areas and provide essential services shall during the interim maintenance period shall be such as may be framed by the Promoter itself or through the Facility Management Agency with such restrictions as it deems fit and may be necessary for proper maintenance and all the Allottees allottees/purchasers are bound to follow the same. . (iv) After the maintenance and management Common Areas of the Project are handed over to the Association, the Association may adopt the Rules rules and the Bye bye laws as may be framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. 3.3 For the avoidance of any doubt, it is clarified that if within the time period specified by the Promoter in the notice issued by the Promoter to the Allottee and the other Apartment Acquirers, the Apartment Acquirers fails and/or neglects to take over from the Promoter the hand over and/or transfer, as the case may be, of the Common Areas and the responsibilities of maintenance and providing essential services then on the expiry of the aforesaid period, the Promoter shall no longer be liable or responsible for the same. Each of such liabilities, responsibilities, obligations etc. shall on and from such date be and/or be deemed to stand vested in all the Apartment Acquirers including the Allottee hereto. Further, as and when the Promoter deems fit and proper, the Promoter will also transfer to the Association upon its formation and taking charge of the acts relating to the Common Purposes the Sinking Fund Deposit amount made by the Allottee without any interest thereon, after adjusting all amounts then remaining due and payable by the Allottee to the Promoter together with interest accrued thereon, and the amounts thus transferred, shall be held by the Association, to the account of the Allottee, for the purposes therefore.