Common use of WHEREAS one Smt Clause in Contracts

WHEREAS one Smt. Xxxxx Xxxxxxx, Xxxx Xxxxxxx and Xxxx Xxxxxxx executed a registered Deed of Conveyance dated 24th July, 2014 in favour of the M/s. Shivoham Properties and M/s. Shivoham Realtors the OWNERS/VENDORS herein and the same was duly registered before Additional Registrar of Assurances–II, Kolkata, and duly recorded in Book No. I, Volume No. 45, Pages 2941 to 2959, Being No. 09352 for the year 2014 in respect of land, All That piece and parcel of land admeasuring an area of 9 (Nine) Cottahs and 3 (Three) Chittacks more or less under Mouza Kaikhali, Comprises in X.X. No. 5, Tauzi No. 172, R.S. & L.R. Dag No. 590, X.X. Xxxxxxx No. 49, L.R. Khatian Nos. 885, 886 & 887, Xxxx No. 10, Internal Plot No. 21 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently Baguihati, District 24 Parganas North Together with Old dilapidated structure admeasuring an area about 700 Sq. Ft. and electric and/or other installations, together also with easements and all other rights, liberties, privileges and benefits appurtenant thereto, along with benefit of building sanction plan being No. 935/14-15, dated 21st July 2014. AND WHEREAS subsequent to the above said purchase the Owners/Vendors mutated their name in the record of right of the concern X. X. & L. R. O. and obtained new L. R. Khatian No. 2296 and 2297 and paying tax regularly. AND WHEREAS the OWNERS/VENDORS in the manner above became the absolute owner of said land and seized and possessed of and/or otherwise well and sufficiently entitled to inter alia, All That piece and parcel of land admeasuring an area of 9 (Nine) Cottahs and 3 (Three) Chittacks more or less under Xxxxx Xxxxxxxx, Comprises in X.X. No. 5, Tauzi No. 172, R.S. & L.R. Dag No. 590, X.X. Xxxxxxx No. 49, L.R. Khatian Nos. 885, 886 & 887, present L. R. Khatian Nos. 2296 and 2297, Xxxx No. 10, Internal Plot No. 21 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently Baguihati, District 24 Parganas North, herein after referred to as the Said Premises more fully and particularly mentioned in the FIRST SCHEDULE herein below; AND WHEREAS by an Agreement dated 26th June 2015 entered into between the OWNERS/VENDORS and the Developer , the Owners/Vendors has granted the Exclusive right of the development in respect of the said Premises and construction of new building thereat unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (Herein after referred to as the Development Agreement) and as per building sanction plan being No. 935/14-15, dated 21st July 2014. AND WHEREAS the OWNERS/VENDORS also executed a registered Power of attorney dated 3rd July, 2015 in favour of a) Xxx Xxxxxx Xxxxxxx, b) Xxx Xxxxxxx Xxxxx, c) Xxxx Xxxxxxx, d) Xxxxxxx Xxxxx and d) Xxxxxxxx Xxxxxxx, which was duly registered before the Additional Registrar of Assurances –III, Kolkata and duly recorded in Book No. IV, CD Volume No. 1903-2015, Pages 13891 to 13935, Being No. 190303678 for the year 2015, for construction of new building in the said Premises. Prior to entering into this agreement, the Purchaser has examined and got himself/herself/itself fully satisfied about the title of the OWNERS/VENDORS of the Said Premises and accepted the same to be free from all encumbrances whatsoever and agrees and covenants not to raise any objection thereto or make any requisition in connection therewith. The Purchaser has also inspected the Building Plan sanctioned by the Rajarhat Gopalpur Municipality in respect of the said building and/or buildings and has also satisfied himself/herself/itself with regard to the intention and/or plan of the DEVELOPER and covenants not to raise any objection with regards thereto. The Purchaser has also satisfied himself/herself/itself with regard to the dimensions/ measurement/ specifications and other details whatsoever with regard to the said building and/or buildings and also the said Unit/Flat described, in the SECOND SCHEDULE hereunder written and intended to be purchased by the Purchaser. The Purchaser being desirous of purchasing and acquiring All That the said Unit/Flat and car parking space morefully and particularly mentioned and described in the SECOND SCHEDULE hereunder written approached the Developer agreed to at or for the consideration and on the terms and conditions hereinafter appearing:

WHEREAS one Smt. Xxxxx Xxxxxxx Xxxxxxx, Xxxx Xxxxxxx since deceased, wife of Xx Xxxxxx Xxxxx Acharya, a resident of 000, Xxxxxxxx Xxxx, Police Station Bhabanipur, District 24 Parganas, by virtue of a Registered Deed of Conveyance dated 10 February, 1953 purchased ALL THAT piece and Xxxx Xxxxxxx executed parcel of Bastu land measuring an area 02 Cottahs 08 Chittacks 31 Sq.ft. be the same a little more or less situated at Mouza-Santoshpur, X.X. No. 22, Pargana-Khaspur, R.S. No. 18, Touzi No. 151, on portion of C.S. Dag No. 148, appertaining to C.S. Khatian No. 78 under Khatian No. 77, Police Station formerly Tollygunge thereafter Jadavpur then Kasba then Purba Jadavpur at present Survey Park, Sub-Registry Office at formerly Alipore now ADS R. Sealdah, within the District-formerly 24 Parganas now South 24 Parganas, by way of purchased from the then Owner namely MIS Modern House & Land Development Company Ltd, having its registered office at 9. Ganahat Road, Ballygunge, Police Station -Ballygunge, District 24 Parganas, for the valuable consideration mentioned therein AND WHEREAS the aforesaid registered Deed of Conveyance dated 24th July10" February, 2014 1953 has been duly executed and registered in favour the office of the M/s. Shivoham Properties and M/s. Shivoham Realtors the OWNERS/VENDORS herein and the same was duly registered before Additional Registrar of Assurances–IISub-Regstrar Office al Alpore Sadar, Kolkata24 Parganas, and duly recorded in Book No. I1. Volume No 26, Volume Pages No. 45, Pages 2941 29 to 2959, 34. Being No. 09352 757, for the year 2014 in respect of land, All That piece and parcel of land admeasuring an area of 9 (Nine) Cottahs and 3 (Three) Chittacks more or less under Mouza Kaikhali, Comprises in X.X. No. 5, Tauzi No. 172, R.S. & L.R. Dag No. 590, X.X. Xxxxxxx No. 49, L.R. Khatian Nos. 885, 886 & 887, Xxxx No. 10, Internal Plot No. 21 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently Baguihati, District 24 Parganas North Together with Old dilapidated structure admeasuring an area about 700 Sq. Ft. and electric and/or other installations, together also with easements and all other rights, liberties, privileges and benefits appurtenant thereto, along with benefit of building sanction plan being No. 935/14-15, dated 21st July 20141953. AND WHEREAS subsequent to after the above aforesaid Purchased said purchase Xxxxxxx Xxxxxxx, since deceased, was sufficiently seized and possessed, used and enjoying the Owners/Vendors mutated their name in same as sole and absolute owner thereof and constructed a single storey building measuring 1150 Sq.ft. on the record of right of the concern X. X. & L. R. O. said xxxxx and obtained new L. R. Khatian No. 2296 and 2297 and paying tax regularlyresided there with her family members till her death. AND WHEREAS while said Xxxxxxx Xxxxxxx, since deceased, was sufficiently seized and possessed, used and enjoying the OWNERS/VENDORS in the manner above became the same as sole and absolute owner of said land and seized and possessed of and/or otherwise well and sufficiently entitled to inter alia, All That piece and parcel of land admeasuring an area of 9 (Nine) Cottahs and 3 (Three) Chittacks more or less under Xxxxx Xxxxxxxx, Comprises in X.X. No. 5, Tauzi No. 172, R.S. & L.R. Dag No. 590, X.X. Xxxxxxx No. 49, L.R. Khatian Nos. 885, 886 & 887, present L. R. Khatian Nos. 2296 and 2297, Xxxx No. 10, Internal Plot No. 21 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently Baguihati, District 24 Parganas North, herein after referred to as the Said Premises more fully and particularly mentioned in the FIRST SCHEDULE herein below; AND WHEREAS by an Agreement dated 26th June 2015 entered into between the OWNERS/VENDORS and the Developer , the Owners/Vendors has granted the Exclusive right of the development in respect of the said Premises and construction of new building thereat unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (Herein after referred to as the Development Agreement) and as per building sanction plan being No. 935/14-15, dated 21st July 2014. AND WHEREAS the OWNERS/VENDORS also executed a registered Power of attorney dated 3rd July, 2015 in favour of a) Xxx Xxxxxx Xxxxxxx, b) Xxx Xxxxxxx Xxxxx, c) Xxxx Xxxxxxx, d) Xxxxxxx Xxxxx and d) Xxxxxxxx Xxxxxxx, which was duly registered before the Additional Registrar of Assurances –III, Kolkata and duly recorded in Book No. IV, CD Volume No. 1903-2015, Pages 13891 to 13935, Being No. 190303678 for the year 2015, for construction of new building in the said Premises. Prior to entering into this agreement, the Purchaser has examined and got himself/herself/itself fully satisfied about the title of the OWNERS/VENDORS of the Said Premises and accepted the same to be free from all encumbrances whatsoever and agrees and covenants not to raise any objection thereto or make any requisition in connection therewith. The Purchaser has also inspected the Building Plan sanctioned by the Rajarhat Gopalpur Municipality in respect of the said building and/or buildings and has also satisfied himself/herself/itself with regard to the intention and/or plan of the DEVELOPER and covenants not to raise any objection with regards thereto. The Purchaser has also satisfied himself/herself/itself with regard to the dimensions/ measurement/ specifications and other details whatsoever with regard to the said building and/or buildings and also the said Unit/Flat described, in the SECOND SCHEDULE hereunder written and intended to be purchased by the Purchaser. The Purchaser being desirous of purchasing and acquiring All That the said Unit/Flat and car parking space morefully and particularly mentioned and described in the SECOND SCHEDULE hereunder written approached the Developer agreed to at or for the consideration and on the terms and conditions hereinafter appearing:xxxxxxx died intestate on

WHEREAS one Smt. Xxxx Xxxxx XxxxxxxXxx, Xxxx since deceased was the sole and absolute owner of homestead land measuring 10 Cottahs 7 Chittaks 05 Square feet be the same a little more or less lying situate at Mouza-Nayaband, X.X. No. 25, RS No.3, Pargana-Khaspur, District Collectorate Touzi No. 56, appertaining to C. S. Khatian No. 5 &6, corresponding to X. X. Xxxxxxx No. 139 & 140, comprising part of C. S. Dag No. 31, corresponding to part of R.S. Dag No. 110, being Scheme Plot No. 8 of Sector-C, X. X. Xxxxx, in the District of South 24 Parganas through purchased by virtue of a deed of conveyance dated 9th day of June, 1972 and Xxxx Xxxxxxx executed a registered Deed of Conveyance dated 24th July, 2014 in favour the office of the M/s. Shivoham Properties Sub-Registrar at Behela and M/s. Shivoham Realtors recorded therein Book No.I, Volume No. 38, pages 86 to 91, being No. 2165 for the OWNERS/VENDORS herein year 1972 from its the then lawful owner Xxx Xxxxx Xxxxxx Chakraborty, son of Late Xxxxxx Xxxxx Xxxxxxxxxxx. AND WHEREAS the said Smt. Xxxx Xxxxx Xxx while thus absolutely seized and possessed of the same said property died intestate leaving behind her surviving two sons namely Xxx Xxxxx Xxxxx Das, Xxx Xxxxx Xxxxx Das as her legal heirs and successors under the Hindu Law of Succession. AND WHEREAS after the demise of said Xxxx Xxxxx Xxx the landed property left by her thus devolved upon her two sons namely Xxx Xxxxx Xxxxx Das and Xxx Xxxxx Xxxxx Das who jointly inherited and became the joint owners of the said property left by their deceased mother Xxxx Xxxxx Xxx. AND WHEREAS thereafter the said owners Xxx Xxxxx Xxxxx Das and Xxx Xxxxx Xxxxx Das while thus jointly seized and possessed of the said inherited property for more convenient, exclusive possession and better enjoyment of their respective shares they amicably partitioned the said property between themselves by executing a deed of partition on 28th day of March, 199land the said deed of partition was duly registered before Additional on the even date in the office of the District Sub-Registrar of Assurances–II, Kolkata, at Alipore and duly recorded in therein Book No. I, Volume No.54, pages 314 to 321, being No. 45, Pages 2941 to 2959, Being No. 09352 4773 for the year 2014 in respect 1991. AND WHEREAS by virtue of land, All That piece and parcel the said deed of partition the said Xxx Xxxxx Xxxxx Das described therein as the- party of the second part got allottment of land admeasuring an area measuring 5 Cottahs 7 Chittaks 9.5 square feet together with building standing thereon more particularly delineated in the map or plan annexed thereto with YELLOW border marked as lot "P-8B" morefully described in the schedule "GHA" thereunder written in his exclusive possession. AND WHEREAS by virtue of 9 (Nine) the said deed of partition the said owner Xxx Xxxxx Xxxxx Das got allottment of demarcated 5 Cottahs 7 Chittaks 9.5 Square feet of land along with building standing thereon in his exclusive possession. AND WHEREAS subsequently it was detected that some mistakes and 3 (Three) Chittacks more or less under Mouza Kaikhali, Comprises inaccuracies have accidentally and inadvertently crept in X.X. the said Bengali Saf-Kobala bearing No. 5, Tauzi 2165 of 1972 and Partition Deed No. 1724773 of 1991 for rectification of the said errors the owner herein Xxx Xxxxx Xxxxx Das executed a Bengali Deed of Declaration on 5th day of July, R.S. & L.R. Dag 2013 and the said deed of declaration was registered on the even date in the office of the District Sub-Registrar -Ill at Alipore and recorded therein Book No. 590I, X.X. Xxxxxxx CD Volume No. 4912, L.R. Khatian Nos. 885pages 4690 to 4698, 886 & 887, Xxxx No. 10, Internal Plot No. 21 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently Baguihati, District 24 Parganas North Together with Old dilapidated structure admeasuring an area about 700 Sq. Ft. and electric and/or other installations, together also with easements and all other rights, liberties, privileges and benefits appurtenant thereto, along with benefit of building sanction plan being No. 935/14-15, dated 21st July 201406134 for the year 2013. AND WHEREAS subsequent to since then the above said purchase the Owners/Vendors mutated their name in the record of right of the concern X. X. & L. R. O. and obtained new L. R. Khatian No. 2296 and 2297 and paying tax regularly. AND WHEREAS the OWNERS/VENDORS in the manner above became the absolute owner of said land and Xxx Xxxxx Xxxxx Das while thus exclusively seized and possessed of and/or otherwise well and sufficiently entitled the said property to inter alia, All That piece and parcel the exclusion of land admeasuring an area of 9 (Nine) Cottahs and 3 (Three) Chittacks more or less under Xxxxx Xxxxxxxx, Comprises in X.X. No. 5, Tauzi No. 172, R.S. & L.R. Dag No. 590, X.X. Xxxxxxx No. 49, L.R. Khatian Nos. 885, 886 & 887, present L. R. Khatian Nos. 2296 and 2297, Xxxx No. 10, Internal Plot No. 21 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently Baguihati, District 24 Parganas North, herein after referred to as the Said Premises more fully and particularly mentioned others got his name mutated in the FIRST SCHEDULE herein below; AND WHEREAS by an Agreement dated 26th June 2015 entered into between the OWNERS/VENDORS and the Developer , the Owners/Vendors has granted the Exclusive right records of the development The Kolkata Municipal Coproration in respect of the said Premises demarcated property and construction of new building thereat unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (Herein after referred to plot of land has since been numbered as the Development Agreement) and as per building sanction plan being NoMunicipal Premises Xx. 935/14-150000, dated 21st July 2014. AND WHEREAS the OWNERS/VENDORS also executed a registered Power of attorney dated 3rd July, 2015 in favour of a) Xxx Xxxxxx Xxxxxxx, b) Xxx Xxxxxxx-700 094 having postal address C-0, Xxxxxxx XxxxxXxxxxx, c) Xxxx XxxxxxxXxxx, d) Xxxxxxx Xxxxx and d) Xxxxxxxx XxxxxxxXxxxxxxxxxx, which was duly registered before the Additional Registrar of Assurances –IIIXxxxxxx- 700 094), Kolkata and duly recorded in Book No. IV, CD Volume No. 1903-2015, Pages 13891 to 13935, Being No. 190303678 for the year 2015, for construction of new building in the said Premises. Prior to entering into this agreement, the Purchaser has examined and got himself/herself/itself fully satisfied about the title of the OWNERS/VENDORS of the Said Premises and accepted the same to be free from all encumbrances whatsoever and agrees and covenants not to raise any objection thereto or make any requisition in connection therewith. The Purchaser has also inspected the Building Plan sanctioned by the Rajarhat Gopalpur Municipality in respect of the said building and/or buildings P. S.Purba Jadavpur and has also satisfied himself/herself/itself with regard to the intention and/or plan of the DEVELOPER and covenants not to raise any objection with regards thereto. The Purchaser has also satisfied himself/herself/itself with regard to the dimensions/ measurement/ specifications and other details whatsoever with regard to the said building and/or buildings and also the said Unit/Flat described, in the SECOND SCHEDULE hereunder written and intended to be purchased by the Purchaser. The Purchaser being desirous of purchasing and acquiring All That the said Unit/Flat and car parking space been paying taxes regularly which is morefully and particularly mentioned and described in the SECOND SCHEDULE first Scheduel hereunder written approached and hereinafter referred to as the Developer agreed to at "said property". THE SCHEDULE B ABOVE REFERRED TO: (SAID APARTMENT) ALL THAT the said self-contained Residential Flat, admeasuring square feet, more or for less Carpet Area square feet, more or less Balcony Area and _ square feet, more or less Open Terrace Area cumulatively admeasuring an area of square feet, more or less. More fully reflected and attached in the consideration and on the terms and conditions hereinafter appearing:plan attached herewith. ALL THAT no. Covered/Closed/Garage Parking admeasuring square feet, more or less. THE SCHEDULE C ABOVE REFERRED TO: (Payment Plan) Description Percentage of Total Price Payable On Agreement (Includes Token Amount) 10% Before Basement Casting 10% Before Ground Floor Roof Casting 10% Before First Floor Roof Casting 10% Before Second Floor Roof Casting 10% Before Third Floor Roof Casting 10% Before Fourth Floor Roof Casting 10% On or Before Brick Work 10% On or Before Finishing 10% On Handover 10% SCHEDULE D SPECIFICATIONS Building: R.C.C. structure frame (1:2:4). Walls Outside wall (1:5) 200 mm (8"), inside wall = 75 mm (3"*)

WHEREAS one Smt. Xxxxx Xxxxxxx, Xxxx Xxxxxxx and Xxxx Xxxxxxx executed a registered Deed of Conveyance dated 24th July, 2014 in favour of the M/s. Shivoham Properties and M/s. Shivoham Realtors the OWNERS/VENDORS herein and the same was duly registered before Additional Registrar of Assurances–II, Kolkata, and duly recorded in Book No. I, Volume No. 45, Pages 2941 to 2959, Being No. 09352 for the year 2014 in respect of land, All That piece and parcel of land admeasuring an area of 9 (Nine) Cottahs and 3 (Three) Chittacks more or less under Mouza Kaikhali, Comprises in X.X. NoXx. 50, Tauzi NoXxxxx Xx. 172000, R.S. X.X. & L.R. Dag NoXx. 590000, X.X. Xxxxxxx NoXx. 4900, L.R. Khatian Nos. 885, 886 & 887, Xxxx NoXx. 1000, Internal Plot NoXxxxxxxx Xxxx Xx. 21 00 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently BaguihatiXxxxxxxxx, District 24 Xxxxxxxx 00 Parganas North Together with Old dilapidated structure admeasuring an area about 700 Sq. Ft. and electric and/or other installations, together also with easements and all other rights, liberties, privileges and benefits appurtenant thereto, along with benefit of building sanction plan being No. 935/14-15, dated 21st July 2014. AND WHEREAS subsequent to the above said purchase the Owners/Vendors mutated their name in the record of right of the concern X. X. & L. R. O. and obtained new L. R. Khatian No. 2296 and 2297 and paying tax regularly. AND WHEREAS the OWNERS/VENDORS in the manner above became the absolute owner of said land and seized and possessed of and/or otherwise well and sufficiently entitled to inter alia, All That piece and parcel of land admeasuring an area of 9 (Nine) Cottahs and 3 (Three) Chittacks more or less under Xxxxx XxxxxxxxMouza Kaikhali, Comprises in X.X. NoXx. 50, Tauzi NoXxxxx Xx. 172000, R.S. X.X. & L.R. Dag NoXx. 590000, X.X. Xxxxxxx NoXx. 4900, L.R. Khatian Nos. 885, 886 & 887, present L. R. Khatian Nos. 2296 and 2297, Xxxx NoXx. 1000, Internal Plot NoXxxxxxxx Xxxx Xx. 21 00 & 22, within the local limit of Rajarhat Gopalpur Municipality, Municipal Holding No. AS/410/BL-KB/14-15, Police Station formerly Rajarhat, thereafter Airport and presently BaguihatiXxxxxxxxx, District 24 Parganas NorthXxxxxxxx 00 Xxxxxxxx Xxxxx, herein after referred to as the Said Premises more fully and particularly mentioned in the FIRST SCHEDULE herein below; AND WHEREAS by an Agreement dated 26th June 2015 entered into between the OWNERS/VENDORS and the Developer , the Owners/Vendors has granted the Exclusive right of the development in respect of the said Premises and construction of new building thereat unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (Herein after referred to as the Development Agreement) and as per building sanction plan being No. 935/14-15, dated 21st July 2014. AND WHEREAS the OWNERS/VENDORS also executed a registered Power of attorney dated 3rd July, 2015 in favour of a) Xxx Sri Xxxxxx Xxxxxxx, b) Xxx Sri Xxxxxxx Xxxxx, c) Xxxx Xxxxxxx, d) Xxxxxxx Xxxxx and d) Xxxxxxxx Xxxxxxx, which was duly registered before the Additional Registrar of Assurances –III, Kolkata and duly recorded in Book No. IV, CD Volume No. 1903-2015, Pages 13891 to 13935, Being No. 190303678 for the year 2015, for construction of new building in the said Premises. Prior to entering into this agreement, the Purchaser has examined and got himself/herself/itself fully satisfied about the title of the OWNERS/VENDORS of the Said Premises and accepted the same to be free from all encumbrances whatsoever and agrees and covenants not to raise any objection thereto or make any requisition in connection therewith. The Purchaser has also inspected the Building Plan sanctioned by the Rajarhat Gopalpur Municipality in respect of the said building and/or buildings and has also satisfied himself/herself/itself with regard to the intention and/or plan of the DEVELOPER and covenants not to raise any objection with regards thereto. The Purchaser has also satisfied himself/herself/itself with regard to the dimensions/ measurement/ specifications and other details whatsoever with regard to the said building and/or buildings and also the said Unit/Flat described, in the SECOND SCHEDULE hereunder written and intended to be purchased by the Purchaser. The Purchaser being desirous of purchasing and acquiring All That the said Unit/Flat and car parking space morefully and particularly mentioned and described in the SECOND SCHEDULE hereunder written approached the Developer agreed to at or for the consideration and on the terms and conditions hereinafter appearing: