Common use of THE PURCHASER DOTH HEREBY COVENANT WITH Clause in Contracts

THE PURCHASER DOTH HEREBY COVENANT WITH. THE VENDOR as follows: 1. The Purchaser agrees that the owners/occupiers of the Tower Block, shall not be entitled to use and/or enjoy and/or have access to the Bungalow Block or its amenities and facilities and/or other areas of the Bungalow Land as mentioned herein. The owner (s) and occupiers of the Bungalow Block shall have the exclusive rights over the Bungalow Block and the Bungalow Land. The rights of the Purchaser is limited to ownership of the Said Apartment alongwith a right to use (but not ownership of) the Project Common Areas, Amenities and Facilities. The Project Common Areas, Amenities and Facilities shall be used and/or enjoyed by all the owners/occupiers of the Project including the owners/occupiers of the Bungalow Block and the Purchaser hereby accepts the same and shall not, under any circumstances, raise any claim, of ownership, contrary to the above. 2. The Purchaser agrees and binds himself that the Purchaser shall and will at all times hereafter abide by and observe the restrictions set-forth in the FIFTH SCHEDULE hereunder written and also those as contained in the said Sale Agreement. 3. The Purchaser agrees and undertakes that the Purchaser shall not raise any objection if there is any alteration in the sanctioned plan, layout plan and specification and nature of fixtures, fittings and amenities in respect of Bungalow Block. 4. The Purchaser has examined and is satisfied with the lay out plan, specifications, amenities, facilities, fittings and fixtures provided in the Apartment, the Project and accepted the floor plan and the specifications, amenities and facilities which had been approved by the Competent Authority, as also the manner of construction thereof and have fully satisfied himself with regard thereto and agrees not to make any claim whatsoever. 5. The Purchaser is also fully satisfied about the title of the Vendor to the Project Land, the documents relating to the title of the Project Land including the Tower Land, the right of the Vendor, the Plan of the Project, the quality of the materials used in the Apartment, the workmanship and measurement of the Apartment, the carpet area whereof has been confirmed to the Purchaser and the Purchaser agrees not to raise any requisition about the same. 6. The Purchaser further agrees that after taking over possession of Said Apartment, the Vendor shall not be liable to rectify any defect occurring under the following circumstances and agrees not to raise any claims whatsoever in this regard: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles made by the Purchaser, the Vendor shall not be responsible for waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings, the Promoter will not be responsible for any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations done by the Purchaser; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Vendor will not be responsible for door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations; iv) If the Purchaser executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Said Apartment by making any changes in the Apartment, then the Vendor shall not be responsible for any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. vi) If the materials and fittings and fixtures provided by the Vendor are not being maintained by the Purchaser or his / her agents in the manner in which same is required to be maintained. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Vendor in the common areas and/or in the Said Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Vendor and not amounting to poor workmanship or manufacture thereof. viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 7. The Purchaser agrees that the responsibility of the Vendor under the defect liability clause as stated in the said Agreement shall not be cover defects, damage or malfunction resulting from (a) misuse, (b) modifications or repairs done by the Purchaser or his/their nominees/agent, (c) cases of force majeure (d) failure to maintain the amenities and equipment (e) accident and (f) negligent use. Warranty for all consumables or equipment used such as generators, lifts, fittings and fixtures will be provided by the respective manufacturers on their standard terms. Provided that where the manufacturer warranty as shown by the Vendor to the Purchaser expires before the defect liability period and such warranties are covered under the maintenance of the Project and if the annual maintenance contracts are not done/renewed by the purchasers, the Vendor shall not be responsible for any defects occurring due to the same. The Purchaser is aware and the Purchaser agrees that the regular wear and tear includes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to shrinkage in concrete, block wok/brick work, plaster, which is inherent property of cementitious material and which don not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The Purchaser agrees that before any liability of defect is claimed by or on behalf of the Purchaser it shall be necessary to appoint an expert/surveyor to be nominated by the Architect of the Project, who shall survey and asses the same and then submit a report to the state the defects in material used in the structure of the Said Apartment and/or workmanship executed. 8. The Purchaser has also examined and satisfied himself about all the permissions and licenses issued by the concerned authorities, including those relating to occupation of the Building, installation, maintenance and user of lift, tube-well, generator and other utilities and facilities at the Project and fire safety under the West Bengal Fire Service Act, 1950 and rules made thereunder and also acquainted himself and accepted and agree to comply with the norms, conditions, rules and regulations with regard to the use and enjoyment thereof as well as of water, electricity, drainage, sewerage, etc.

THE PURCHASER DOTH HEREBY COVENANT WITH. THE VENDOR OWNERS AND THE PROMOTER as follows: 1. The Purchaser agrees that the owners/occupiers of the Tower Block, shall not be entitled to use and/or enjoy and/or have access to the Bungalow Block or its amenities and facilities and/or other areas of the Bungalow Land as mentioned herein. The owner (s) and occupiers of the Bungalow Block shall have the exclusive rights over the said Row Bungalow Block and the said Plot on which the Row Bungalow Landis constructed. The rights of the Purchaser is limited to ownership of the Said Apartment said Bungalow alongwith a right to use (but not ownership of) the Project Common Areas, Amenities and Facilities. The Project Common Areas, Amenities and Facilities shall be used and/or enjoyed by all the owners/occupiers of the Project including the owners/occupiers of the Bungalow Block and the Purchaser hereby accepts the same and shall not, under any circumstances, raise any claim, of ownership, contrary to the above. 2. The Purchaser agrees and binds himself that the Purchaser shall and will at all times hereafter abide by and observe the restrictions set-forth in the FIFTH SCHEDULE hereunder written and also those as contained in the said Sale Agreement. 3. The Purchaser agrees and undertakes that the Purchaser shall not raise any objection if there is any alteration in the sanctioned plan, layout plan and specification and nature of fixtures, fittings and amenities in respect of Bungalow Block. 4. The Purchaser has examined and is satisfied with the lay out layout plan, specifications, amenities, facilities, fittings and fixtures provided in the Apartmentsaid Row Bungalow, the Project and accepted the floor plan and the specifications, amenities and facilities which had been approved by the Competent Authority, as also the manner of construction thereof and have fully satisfied himself with regard thereto and agrees not to make any claim whatsoever. 54. The Purchaser is also fully satisfied about the title of the Vendor Owners to the Project Land, the documents relating to the title of the Project Land including the Tower Landsaid Plot on which the said Row Bungalow is constructed, the right of the VendorOwners and the Promoter, the Plan of the Project, the quality of the materials used in the Apartmentsaid Row Bungalow, the workmanship and measurement of the Apartmentsaid Row Bungalow, the carpet area whereof has been confirmed to the Purchaser and the Purchaser agrees not to raise any requisition about the same. 65. The Purchaser further agrees that after taking over possession of Said Apartmentsaid Row Bungalow, the Vendor Promoter shall not be liable to rectify any defect occurring under the following circumstances and agrees not to raise any claims whatsoever in this regard: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles made by the Purchaser, the Vendor Promoter shall not be responsible for waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings, the Promoter will not be responsible for any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations done by the Purchaser; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Vendor Promoter will not be responsible for door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations; iv) If the Purchaser executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Said Apartment said Row Bungalow by making any changes in the Apartmentsaid Row Bungalow, then the Vendor Promoter shall not be responsible for any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. vi) If the materials and fittings and fixtures provided by the Vendor Promoter are not being maintained by the Purchaser or his / her agents in the manner in which same is required to be maintained. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Vendor Promoter in the common areas and/or in the Said Apartment said Row Bungalow going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Vendor Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 76. The Purchaser agrees that the responsibility of the Vendor Promoter under the defect liability clause as stated in the said Sale Agreement shall not be cover defects, damage or malfunction resulting from (a) misuse, (b) modifications or repairs done by the Purchaser or his/their nominees/agent, (c) cases of force majeure (d) failure to maintain the amenities and equipment (e) accident and (f) negligent use. Warranty for all consumables or equipment used such as generators, lifts, fittings and fixtures will be provided by the respective manufacturers on their standard terms. Provided that where the manufacturer warranty as shown by the Vendor Promoter to the Purchaser expires before the defect liability period and such warranties are covered under the maintenance of the Project and if the annual maintenance contracts are not done/renewed by the purchasers, the Vendor Promoter shall not be responsible for any defects occurring due to the same. The Purchaser is aware and the Purchaser agrees that the regular wear and tear includes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to shrinkage in concrete, block wok/brick work, plaster, which is inherent property of cementitious material and which don do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The Purchaser agrees that before any liability of defect is claimed by or on behalf of the Purchaser it shall be necessary to appoint an expert/surveyor to be nominated by the Architect of the Project, who shall survey and asses the same and then submit a report to the state Promoter stating the defects in material used in the structure of the Said Apartment Row Bungalow and/or workmanship executed. 87. The Purchaser has also examined and satisfied himself about all the permissions and licenses issued by the concerned authorities, including those relating to occupation of the Buildingsaid Row Bungalow, installation, maintenance and user of liftuser, tube-well, generator and other utilities and facilities at the Project and fire safety under the West Bengal Fire Service Act, 1950 and rules made thereunder and also acquainted himself and accepted and agree to comply with the norms, conditions, rules and regulations with regard to the use and enjoyment thereof as well as of water, electricity, drainage, sewerage, etc.

THE PURCHASER DOTH HEREBY COVENANT WITH. THE VENDOR as follows: 1. The Purchaser agrees that the owners/occupiers of the Apartments in the Tower Block, shall not be entitled to use and/or enjoy and/or have access to the Said Bungalow Block or its amenities and facilities and/or other areas of the Bungalow Land as mentioned herein. The owner (s) and occupiers of the Bungalow Block Purchaser shall have the exclusive rights over the Said Bungalow Block and the Bungalow Land. The rights of the Purchaser is limited to ownership of the Said Apartment Bungalow alongwith a right to use (but not ownership of) the Project Common Areas, Amenities and Facilities. The Project Common Areas, Amenities and Facilities shall be used and/or enjoyed by all the owners/occupiers of the Project including the owners/occupiers of the Bungalow Apartments of the Tower Block and the Purchaser hereby accepts the same and shall not, under any circumstances, raise any claim, of ownership, contrary to the above. 2. The Purchaser agrees and binds himself that the Purchaser shall and will at all times hereafter abide by and observe the restrictions set-forth in the FIFTH SCHEDULE hereunder written and also those as contained in the said Sale Agreement.the 3. The Purchaser agrees and undertakes that the Purchaser shall not raise any objection if there is any alteration in the sanctioned plan, layout plan and specification and nature of fixtures, fittings and amenities in respect of Bungalow Tower Block. 4. The Purchaser has examined and is satisfied with the lay out plan, specifications, amenities, facilities, fittings and fixtures provided in the ApartmentSaid Bungalow, the Project and accepted the floor plan and the specifications, amenities and facilities which had been approved by the Competent Authority, as also the manner of construction thereof and have fully satisfied himself with regard thereto and agrees not to make any claim whatsoever. 5. The Purchaser is also fully satisfied about the title of the Vendor to the Project Land, the documents relating to the title of the Project Land including the Tower Bungalow Land, the right of the Vendor, the Plan of the Project, the quality of the materials used in the ApartmentSaid Bungalow, the workmanship and measurement of the ApartmentSaid Bungalow, the carpet area whereof has been confirmed to the Purchaser and the Purchaser agrees not to raise any requisition about the same. 6. The Purchaser further agrees that after taking over possession of Said ApartmentBungalow, the Vendor shall not be liable to rectify any defect occurring under the following circumstances and agrees not to raise any claims whatsoever in this regard: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles made by the Purchaser, the Vendor shall not be responsible for waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings, the Promoter will not be responsible for any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations done by the Purchaser; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Vendor will not be responsible for door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations; iv) If the Purchaser executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Said Apartment Bungalow by making any changes in the ApartmentSaid Bungalow, then the Vendor shall not be responsible for any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. vi) If the materials and fittings and fixtures provided by the Vendor are not being maintained by the Purchaser or his / her agents in the manner in which same is required to be maintained. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Vendor in the common areas and/or in the Said Apartment Bungalow going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Vendor and not amounting to poor workmanship or manufacture thereof. viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 7. The Purchaser agrees that the responsibility of the Vendor under the defect liability clause as stated in the said Said Sale Agreement shall not be cover defects, damage or malfunction resulting from (a) misuse, (b) modifications or repairs done by the Purchaser or his/their nominees/agent, (c) cases of force majeure (d) failure to maintain the amenities and equipment (e) accident and (f) negligent use. Warranty for all consumables or equipment used such as generators, lifts, fittings and fixtures will be provided by the respective manufacturers on their standard terms. Provided that where the manufacturer warranty as shown by the Vendor to the Purchaser expires before the defect liability period and such warranties are covered under the maintenance of the Project and if the annual maintenance contracts are not done/renewed by the purchasers, the Vendor shall not be responsible for any defects occurring due to the same. The Purchaser is aware and the Purchaser agrees that the regular wear and tear includes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to shrinkage in concrete, block wok/brick work, plaster, which is inherent property of cementitious material and which don do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The Purchaser agrees that before any liability of defect is claimed by or on behalf of the Purchaser it shall be necessary to appoint an expert/surveyor to be nominated by the Architect of the Project, who shall survey and asses the same and then submit a report to the state the defects in material used in the structure of the Said Apartment Bungalow and/or workmanship executed. 8. The Purchaser has also examined and satisfied himself about all the permissions and licenses issued by the concerned authorities, including those relating to occupation of the BuildingSaid Bungalow, installation, maintenance and user of lift, tube-well, generator and other utilities and facilities at the Project and fire safety under the West Bengal Fire Service Act, 1950 and rules made thereunder and also acquainted himself and accepted and agree to comply with the norms, conditions, rules and regulations with regard to the use and enjoyment thereof as well as of water, electricity, drainage, sewerage, etc.

THE PURCHASER DOTH HEREBY COVENANT WITH. THE VENDOR OWNERS AND THE PROMOTER as follows: 1. The Purchaser agrees that the owners/occupiers of the Tower Block, shall not be entitled to use and/or enjoy and/or have access to the Bungalow Block or its amenities and facilities and/or other areas of the Bungalow Land as mentioned herein. The owner (s) and occupiers of the Bungalow Block shall have the exclusive rights over the Bungalow Block and the Bungalow Landsaid Apartment. The rights of the Purchaser is limited to ownership of the Said said Apartment alongwith along with a right to use (but not ownership of) the Project Common Areas, Amenities and Facilities. The Project Common Areas, Amenities and Facilities shall be used and/or enjoyed by all the owners/occupiers of the Project including the owners/occupiers of the Bungalow Block and the Purchaser hereby accepts the same and shall not, under any circumstances, raise any claim, of ownership, contrary to the above. 2. The Purchaser agrees and binds himself that the Purchaser shall and will at all times hereafter abide by and observe the restrictions set-forth in the FIFTH SCHEDULE hereunder written and also those as contained in the said Sale Agreement. 3. The Purchaser agrees and undertakes that the Purchaser shall not raise any objection if there is any alteration in the sanctioned plan, layout plan and specification and nature of fixtures, fittings and amenities in respect of Bungalow Block. 4. The Purchaser has examined and is satisfied with the lay out layout plan, specifications, amenities, facilities, fittings and fixtures provided in the said Apartment, the Project and accepted the floor plan and the specifications, amenities and facilities which had been approved by the Competent Authority, as also the manner of construction thereof and have fully satisfied himself with regard thereto and agrees not to make any claim whatsoever. 54. The Purchaser is also fully satisfied about the title of the Vendor Owners to the Project Land, the documents relating to the title of the Project Land including the Tower Land, the right of the VendorOwners and the Promoter, the Plan of the Project, the quality of the materials used in the said Apartment, the workmanship and measurement of the said Apartment, the carpet area whereof has been confirmed to the Purchaser and the Purchaser agrees not to raise any requisition about the same. 65. The Purchaser further agrees that after taking over possession of Said said Apartment, the Vendor Promoter shall not be liable to rectify any defect occurring under the following circumstances and agrees not to raise any claims whatsoever in this regard: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles made by the Purchaser, the Vendor Promoter shall not be responsible for waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings, the Promoter will not be responsible for any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations done by the Purchaser; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Vendor Promoter will not be responsible for door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations; iv) If the Purchaser executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Said said Apartment by making any changes in the said Apartment, then the Vendor Promoter shall not be responsible for any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. vi) If the materials and fittings and fixtures provided by the Vendor Promoter are not being maintained by the Purchaser or his / her agents in the manner in which same is required to be maintained. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Vendor Promoter in the common areas and/or in the Said said Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Vendor Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 76. The Purchaser agrees that the responsibility of the Vendor Promoter under the defect liability clause as stated in the said Sale Agreement shall not be cover defects, damage or malfunction resulting from (a) misuse, (b) modifications or repairs done by the Purchaser or his/their nominees/agent, (c) cases of force majeure (d) failure to maintain the amenities and equipment (e) accident and (f) negligent use. Warranty for all consumables or equipment used such as generators, lifts, fittings and fixtures will be provided by the respective manufacturers on their standard terms. Provided that where the manufacturer warranty as shown by the Vendor Promoter to the Purchaser expires before the defect liability period and such warranties are covered under the maintenance of the Project and if the annual maintenance contracts are not done/renewed by the purchasers, the Vendor Promoter shall not be responsible for any defects occurring due to the same. The Purchaser is aware and the Purchaser agrees that the regular wear and tear includes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to shrinkage in concrete, block wokwork/brick work, plaster, which is inherent property of cementitious material and which don do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The Purchaser agrees that before any liability of defect is claimed by or on behalf of the Purchaser it shall be necessary to appoint an expert/surveyor to be nominated by the Architect of the Project, who shall survey and asses the same and then submit a report to the state Promoter stating the defects in material used in the structure of the Said Apartment and/or workmanship executed. 87. The Purchaser has also examined and satisfied himself about all the permissions and licenses issued by the concerned authorities, including those relating to occupation of the Buildingsaid Apartment, installation, maintenance and user of lift, tube-welluser, generator and other utilities and facilities at the Project and fire safety under the West Bengal Fire Service Services Act, 1950 and rules Rules made thereunder and also acquainted himself and accepted and agree to comply with the norms, conditions, rules and regulations with regard to the use and enjoyment thereof as well as of water, electricity, drainage, sewerage, etc. 9. On and from the Possession Date, the Purchaser binds himself to regularly and punctually pay the following amounts and outgoings: i) Municipal and/or other rates and taxes, surcharge and water tax, if any and as assessed on the said Apartment, directly to the competent authority Provided That so long as the said Apartment is not separately assessed for the purpose of such rates and taxes, the Purchaser shall pay to the Maintenance Agency proportionate share of all such rates and taxes assessed on the Project. ii) All other impositions, levies, cess, taxes and outgoings (including Urban Land Tax, betterment fees, development charges, Goods and Services Tax, etc.) whether existing or as may be imposed, increased or enhanced or levied at any time in future on the said Apartment or on the Project by any Government or Statutory Authority or Authorities, wholly in case the same relates to the said Apartment and proportionately in case the same relates to the Project, as the case may be. iii) Electricity charges for electricity consumed in or relating to the said Apartment directly to the electricity supplying body or the Maintenance Agency, as the case may be. iv) Maintenance charges and proportionate share of all Common Expenses (excluding any contribution towards major repairs, renovation, etc. in or for the Project, as may be required at any time in future) as shall be assessed on the said Apartment and demanded from time to time by the Promoter or, upon its formation, the Association, as the case may be. The said maintenance charges and the proportionate share of all Common Expenses shall however be subject to revision from time to time as be deemed fit and proper by the Promoter, or the Association upon its formation, after taking into account the common services provided at the Project. 10. All payments mentioned herein shall, unless so otherwise mentioned, in case the same be monthly payments, shall be made to the Vendor or upon its formation, to the Association, within 7 days of each and every month for which the same becomes due and otherwise within 7 days to the Promoter or its nominee leaving its bill for or demanding the same at the above address of the Purchaser and the Purchaser shall keep the Promoter and the Association, upon its formation, indemnified against all losses damages costs claims demands actions and proceedings that may arise due to non payment or delay in payment thereof. 11. The apportionment of the liability of the Purchaser in respect of any item of expenses, tax, duty, levy or outgoings payable by the Purchaser in respect of the said Apartment shall be done by the Promoter and the Association upon its formation and the same shall be final and binding on the Purchaser and the Purchaser shall not be entitled to raise any dispute or objection of any nature whatsoever nor shall the Purchaser be entitled to hold the Promoter or its nominee or the Association responsible to furnish any accounts, vouchers, bills, documents etc. or render explanation of expenses incurred by it in any manner. 12. The Purchaser shall, in case already not so done, within 6 months from the date hereof apply for and obtain separate assessment of the said Apartment from the Kolkata Municipal Corporation, and the Promoter shall sign necessary papers and declarations as may be required. In case the Purchaser fails to have such separation effected, then the Promoter shall be at liberty to have the same effected as the constituted attorney of and at the costs and expenses of the Purchaser. 13. The Purchaser shall permit the Promoter and, upon its formation, the Association and their surveyors or agents with or without workmen and others at all reasonable times upon 48 hours prior notice, except in case of emergency, to enter into and upon the said Apartment and every part thereof for the purpose of repairing reinstating rebuilding cleaning lighting and keeping in order and good condition the sewers drains pipes cables water courses gutters wires structures or other conveniences belonging to or serving or used for the said Apartment and also for the purpose of laying down reinstating repairing and testing drainage and water pipes and electric wires and cables and for similar purposes and also to view and examine the state and condition of the said Apartment and the Purchaser shall make good all defects leakages and want of repairs within 7 days from the date of receiving notice in writing from the Promoter or the Association. 14. From the date of execution hereof and till the continuance of its ownership of the said Apartment, the Purchaser shall: i) Use the said Apartment only for the purpose of private dwelling or residence of respectable persons in a decent and respectable manner and for no other purposes; ii) Use the Parking Space, if any, is expressly allotted to the Purchaser hereunder, only for the purpose of parking of his own motor vehicles and/or two-xxxxxxx vehicles, as the case may be; iii) Not use the roof of the buildings for hanging or drying of clothes, bathing and for personally installing or fixing antennas, dish antennas or other apparatus fixing antenna or other undesirable purposes or such purpose which may cause any nuisance or annoyance to the other allottes of the Project; iv) Use the Project Common Areas, Amenities and Facilities in common with the other allottees and the occupiers of the apartments in the Project and also to keep the same in a clean and orderly manner free from obstructions and encroachments and not store or allow anyone else to store any goods articles or things in the staircase, lobby, landings, pathways, passages or in any other common areas of the Project. 15. The Purchaser shall not do or permit to be done any act or thing which is likely to cause nuisance, annoyance or danger to the other allottees and occupants in the Project, as the case may be. 16. The Purchaser shall not make any additions or alterations to the said Apartments (including internal partition walls, etc.) and not carry out further constructions whether temporary or permanent in nature, nor shall change or alter or permit the alteration in the outside colour scheme of the exposed walls or any external walls or the elevation or façade of the said Apartments or the Project and also not to decorate or paint or clad the exterior of the said Apartment otherwise than in the manner as be agreed to by the Promoter or the Association in writing. 17. The Purchaser shall abide by, observe and perform all rules regulations and restrictions from time to time made in force by the Promoter or the Association (including those contained in the said Sale Agreement and in these presents) or the appropriate authorities for the use and management of the Project and every part thereof and in particular the Project Common Areas, Amenities and Facilities. 18. The Purchaser further agrees and covenants with the Promoter that the Purchaser shall at all times hereafter allow and permit unhindered access and use of the common areas to the other allottees and occupiers of the apartments in the Project. The Promoter accordingly agrees and covenant with the Purchaser that the Purchaser shall likewise be entitled to the unhindered access and use of the Project Common Areas, Amenities and Facilities subject to the terms and conditions contained herein and rules and regulations referred to in clause 17 hereinabove. The Project Common Areas, Amenities and Facilities shall be conveyed and transferred to the Association in compliance of the Act or the Rules or Regulations or any other law from time to time, and the Purchaser agrees to co- operate with the Promoter without any demand or delay to have the Project Common Areas, Amenities and Facilities transferred to the Association by attending the execution and registration of the Deeds of Transfer / Sale made in favour of the Association and bearing the proportionate cost of such transfer, as may be assessed by the Promoter or the Association or do all such acts and deeds, as may be required by the Promoter. 19. The Purchaser shall have no objection for the Promoter (a) to carry out construction activities on the uncompleted areas and common areas within the said Project;

THE PURCHASER DOTH HEREBY COVENANT WITH. THE VENDOR OWNER AND THE PROMOTER as follows: The Purchaser doth hereby, agree, accept and covenant with the Owner and the Promoter as follows: (1. ) Inspection of Plan, Fixtures, Fittings: The Purchaser agrees that has, inter alia, inspected and verified all the owners/occupiers documents as also the Plan of the Tower BlockApartment, shall not be entitled to use and/or enjoy and/or have access the Project, the Luxury Zone and the Complex and is satisfied as to the Bungalow Block Plan and/or the construction of the building(s) thereof and the condition and description of all fixtures and fittings installed and/or provided or its to be 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 Luxury Zone and/or other areas of the Bungalow Land as mentioned herein. The owner (s) and occupiers of the Bungalow Block shall have the exclusive rights over the Bungalow Block and the Bungalow Land. The rights of the Purchaser is limited to ownership of the Said Apartment alongwith a right to use (but not ownership of) the Project Common Areas, Amenities and Facilities. The Project Common Areas, Amenities and Facilities shall be used and/or enjoyed by all the owners/occupiers of the Project including the owners/occupiers of the Bungalow Block and the Purchaser hereby accepts the same and shall not, under any circumstances, raise any claim, of ownership, contrary to the above. 2. The Purchaser agrees and binds himself that the Purchaser shall and will at all times hereafter abide by and observe the restrictions set-forth in the FIFTH SCHEDULE hereunder written and also those as contained in the said Sale Agreement. 3. The Purchaser agrees and undertakes that the Purchaser shall not raise any objection if there is any alteration in the sanctioned plan, layout plan and specification and nature of fixtures, fittings and amenities in respect of Bungalow Block. 4. The Purchaser has examined understood that the building(s)/ infrastructure and/or amenities and facilities comprised within the various zone(s) of the Complex have been constructed on the basis of sanction of the Plan on the Complex Land and the Plan is satisfied with the lay out plan, specifications, amenities, facilities, fittings impartible and fixtures provided in the Apartmentindivisible. (2) Common Areas of Luxury Zone, the Project and accepted the floor plan Common Portions and the specifications, amenities Limited Common Areas and facilities which had been approved Facilities: It is strictly agreed by the Competent AuthorityPurchaser with the Promoter that: (i) The Common Areas and common facilities in the “EFFICIENCY COMFORT ZONE” shall be used exclusively by the Purchasers in that Zone and the Common Areas and common facilities in the Luxury Zone shall be exclusively used by the Purchasers of the Luxury Zone and also by the Purchasers of the Luxury portion of the Future Development; (ii) The Purchasers of the luxury residential portion, as also in case developed in the manner Future Development, shall have complete and unhindered access to the Common Areas of construction thereof the Luxury Zone and shall be entitled to enjoy all the common facilities of the Luxury Zone, However, the purchasers of luxury portion of the Future Development may have fully satisfied himself with regard thereto and agrees not certain exclusive facilities in the Future Development to make any claim whatsoeverbe used by them to the exclusion of the purchasers of Luxury Zone. 5. (iii) The Purchaser is also fully satisfied about the title of the Vendor to Apartment in the Project Land, the documents relating to the title of the Project Land including the Tower Land, the right of the Vendor, the Plan shall own in common with other purchasers of the Project, the quality Common Areas of the materials used in Project and also the Apartmentland on which the Project is situated together with all easements, rights and appurtenances belonging thereto (hereinafter referred to as the workmanship “PROJECT COMMON PORTIONS”), together with undivided, impartible and measurement of the Apartment, the carpet area whereof has been confirmed to the Purchaser and the Purchaser agrees not to raise any requisition about the same. 6. The Purchaser further agrees that after taking over possession of Said Apartment, the Vendor shall not be liable to rectify any defect occurring under the following circumstances and agrees not to raise any claims whatsoever in this regard: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles made by the Purchaser, the Vendor shall not be responsible for waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings, the Promoter will not be responsible for any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations done by the Purchaser; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Vendor will not be responsible for door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations; iv) If the Purchaser executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Said Apartment by making any changes in the Apartment, then the Vendor shall not be responsible for any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. vi) If the materials and fittings and fixtures provided by the Vendor are not being maintained by the Purchaser or his / her agents in the manner in which same is required to be maintained. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Vendor variable prorate share in the common areas and/or in the Said Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Vendor Luxury Zone in common with the purchasers of the Luxury Zone and not amounting to poor workmanship or manufacture thereof. viii) If Luxury Portion of the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 7Future Development. The Purchaser agrees Project Common Portions shall be exclusively used by the purchasers of that Project only; (iv) In accordance with provisions of the Xxxx Xxxxxx Xxxxxxxxx Xxxxxxxxx Xxx,0000 certain common areas and facilities has been kept reserved for use of certain apartments or remain allotted to any apartment to the exclusion of other apartments and shall hereinafter be referred to as the “LIMITED COMMON AREAS AND FACILITIES”. The Limited Common Areas and Facilities shall, inter alia, include the covered car parking spaces, terrace(s), open spaces/lawn/private garden on the terrace(s) situated within the Luxury Zone of the Complex; (v) The Promoter has segregated the infrastructures required for the Luxury Zone (including the Luxury portion of the Future Development) and the Efficiency Comfort Zone to the extent possible so that the responsibility maintenance and management issues pertaining to Common Areas and Common Facilities of the Vendor under the defect liability clause as stated in the said Agreement shall not be cover defects, damage or malfunction resulting from (a) misuse, (b) modifications or repairs done by the Purchaser or his/their nominees/agent, (c) cases of force majeure (d) failure to maintain the amenities Luxury Zone and equipment (e) accident and (f) negligent use. Warranty for all consumables or equipment used such as generators, lifts, fittings and fixtures will be provided by the respective manufacturers on their standard terms. Provided that where the manufacturer warranty as shown by the Vendor to the Purchaser expires before the defect liability period and such warranties are covered under the maintenance Luxury portion of the Project and if the annual maintenance contracts are not done/renewed by the purchasers, the Vendor shall not be responsible for any defects occurring due to the same. The Purchaser is aware Future Development and the Purchaser agrees that the regular wear and tear includes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to shrinkage in concrete, block wok/brick work, plaster, which is inherent property of cementitious material and which don not amount to structural defects and hence cannot Efficiency Comfort Zone can be attributed to either bad workmanship or structural defect. The Purchaser agrees that before any liability of defect is claimed by or on behalf of the Purchaser it shall be necessary to appoint an expert/surveyor to be nominated by the Architect of the Project, who shall survey and asses the same and then submit a report to the state the defects in material used in the structure of the Said Apartment and/or workmanship executed. 8. The Purchaser has also examined and satisfied himself about all the permissions and licenses issued by the concerned authorities, including those relating to occupation of the Building, installation, maintenance and user of lift, tube-well, generator and other utilities and facilities at the Project and fire safety under the West Bengal Fire Service Act, 1950 and rules made thereunder and also acquainted himself and accepted and agree to comply with the norms, conditions, rules and regulations with regard to the use and enjoyment thereof as well as of water, electricity, drainage, sewerage, etc.handled independently;