APPLICATION FOR BOOKING OF SERVICED APARTMENT … · APPLICATION FOR BOOKING OF SERVICED APARTMENT...

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_______________ APPLICATION FOR BOOKING OF SERVICED APARTMENT To, IREO Pvt. Ltd. 5 th Floor, Orchid Centre Sector 53, Golf Course Road Gurgaon, Haryana ,India Sub: APPLICATION FOR BOOKING OF SERVICED APARTMENT IN YOUR ‘IREO CITY’ PROJECT AT SECTOR - 59, GURGAON, HARYANA (“PROJECT”). Dear Sir, I/we (also referred to as the “Applicant”) wish to apply for a serviced apartment in your aforesaid Project as per the tentative super area, size and the tentative payment plan opted by me/us as per details mentioned in Annexure-A (hereinafter the said “Serviced Apartment”): I/we am/ are enclosing herewith cheque /Draft/Pay order No.________________ dated_______ for Rs.______________ (Rupees___________________________________________ only) drawn on _______________________________________________________________ (Bank & Branch) in favour of _______________________________________ payable at ____________, which may please be treated as the non- refundable booking amount (“Booking Amount”) for the said Serviced Apartment. My/Our Particulars are as under : 1 1. SOLE/FIRST APPLICANT Mr./Ms./M/s.______________________________________________________ s/w/d of___________________________________________________________ Date of Birth__________________ Nationality____________________________ Occupation: Service ( ) Professional ( ) Business ( ) Student ( ) Housewife ( ) Any other_____________ Residential Status: Resident ( ) Non-Resident Indian (NRI) ( ) Person of Indian Origin(PIO) ( ) Overseas Citizen of India(OCI) ( ) Others (please specify) _______________________ Marital Status: _____________________________ Name of Spouse: _________________ Permanent Account Number__________________________________ (In case of Resident Citizen only, for others, please attach copy of passport/PIO Card) Correspondence Address in India: ___________________________________________________________________________________ 1 It is mandatory to fill in the requisite information in all the columns for all applicants. Self Attested Photograph of Sole/ First Applicant

Transcript of APPLICATION FOR BOOKING OF SERVICED APARTMENT … · APPLICATION FOR BOOKING OF SERVICED APARTMENT...

Page 1: APPLICATION FOR BOOKING OF SERVICED APARTMENT … · APPLICATION FOR BOOKING OF SERVICED APARTMENT To, IREO Pvt. Ltd. 5th Floor, Orchid Centre Sector 53, Golf Course Road Gurgaon,

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APPLICATION FOR BOOKING OF SERVICED APARTMENT

To, IREO Pvt. Ltd. 5th Floor, Orchid Centre Sector 53, Golf Course Road Gurgaon, Haryana ,India Sub: APPLICATION FOR BOOKING OF SERVICED APARTMENT IN YOUR ‘IREO CITY’

PROJECT AT SECTOR - 59, GURGAON, HARYANA (“PROJECT”). Dear Sir, I/we (also referred to as the “Applicant”) wish to apply for a serviced apartment in your aforesaid Project as per the tentative super area, size and the tentative payment plan opted by me/us as per details mentioned in Annexure-A (hereinafter the said “Serviced Apartment”): I/we am/ are enclosing herewith cheque /Draft/Pay order No.________________ dated_______ for Rs.______________ (Rupees___________________________________________ only) drawn on _______________________________________________________________ (Bank & Branch) in favour of _______________________________________ payable at ____________, which may please be treated as the non-refundable booking amount (“Booking Amount”) for the said Serviced Apartment. My/Our Particulars are as under:1 1. SOLE/FIRST APPLICANT Mr./Ms./M/s.______________________________________________________ s/w/d of___________________________________________________________ Date of Birth__________________ Nationality____________________________ Occupation: Service ( ) Professional ( ) Business ( ) Student ( ) Housewife ( ) Any other_____________ Residential Status: Resident ( ) Non-Resident Indian (NRI) ( ) Person of Indian Origin(PIO) ( ) Overseas Citizen of India(OCI) ( ) Others (please specify) _______________________ Marital Status: _____________________________ Name of Spouse: _________________ Permanent Account Number__________________________________ (In case of Resident Citizen only, for others, please attach copy of passport/PIO Card) Correspondence Address in India: ___________________________________________________________________________________ 1 It is mandatory to fill in the requisite information in all the columns for all applicants.

Self Attested Photograph of Sole/ First Applicant

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________________________________________________________________________________ ______________________ State______________________ Country________________________ PIN_________________ Email__________________________________________________________ Tel. No. (with STD/ISD Code) _____________________ Mobile No. ____________________________ Name of the Organisation:_____________________________________________________________ Designation:__________________________________ Address:_______________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ______________________ State______________________ Country________________________ PIN_________________ Email__________________________________________________________ Tel. No. (with STD/ISD Code) _____________________ Mobile No. ____________________________ Fax No___________________________________ 2. SECOND/JOINT APPLICANT (if applicable) Mr./Ms./M/s.______________________________________________________ s/w/d of___________________________________________________________ Date of Birth__________________ Nationality____________________________ Occupation: Service ( ) Professional ( ) Business ( ) Student ( ) Housewife ( ) Any other_____________ Residential Status: Resident ( ) Non-Resident Indian (NRI) ( ) Person of Indian Origin (PIO) ( ) Overseas Citizen of India(OCI) ( ) Others (please specify) _______________________ Marital Status: _____________________________ Name of Spouse: _________________ Permanent Account Number__________________________________ (In case of Resident Citizen only, for others, please attach copy of passport/PIO Card) Correspondence Address: ___________________________________________________________________________________ ___________________________________________________________________________________ ______________________ State______________________ Country________________________ PIN_________________ Email__________________________________________________________ Tel. No. (with STD/ISD Code) _____________________ Mobile No. ____________________________ Name of the Organisation:_____________________________________________________________ Designation:__________________________________ Address:_______________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ______________________ State______________________ Country________________________ PIN_________________ Email__________________________________________________________ Tel. No. (with STD/ISD Code) _____________________ Mobile No. ____________________________ Fax No___________________________________

Self Attested Photograph of Second Applicant

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3. THIRD/JOINT APPLICANT (if applicable) Mr./Ms./M/s.______________________________________________________ s/w/d of___________________________________________________________ Date of Birth__________________ Nationality____________________________ Occupation: Service ( ) Professional ( ) Business ( ) Student ( ) Housewife ( ) Any other_____________ Residential Status: Resident ( ) Non-Resident Indian (NRI) ( ) Person of Indian Origin(PIO) ( )

Overseas Citizen of India (OCI) ( ) Others (please specify) _______________________ Marital Status: _____________________________ Name of Spouse: _________________ Permanent Account Number__________________________________ (In case of Resident Citizen only, for others, please attach copy of passport/PIO Card) Correspondence Address: ___________________________________________________________________________________ ___________________________________________________________________________________ ______________________ State______________________ Country________________________ PIN_________________ Email__________________________________________________________ Tel. No. (with STD/ISD Code) _____________________ Mobile No. ____________________________ Name of the Organisation:_____________________________________________________________ Designation:__________________________________ Address:_______________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ______________________ State______________________ Country________________________ PIN_________________ Email__________________________________________________________ Tel. No. (with STD/ISD Code) _____________________ Mobile No. ____________________________ Fax No___________________________________ Address for Communication: __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ I/We understand and agree that this Application for booking of the said Serviced Apartment is subject, inter alia to the following amongst other terms and obligations to be observed by me/us, including the indicative terms and conditions, as set out in Schedule-1 hereto, which are likely to form a part of the Serviced Apartment Buyer’s Agreement and the indicative terms and conditions as set out in Schedule- 2 hereto, which are likely to form a part of the Rental Pool Agreement, that shall in due course be executed with the Company and I/we further agree and undertake to abide by all these terms, conditions and obligations: 01. I/We have clearly understood that submission of this signed Application and payment by

me/us of the Booking Amount shall not constitute a right to allotment of the aforesaid Serviced Apartment and nor shall it create or result in any obligations on the Company

Self Attested Photograph of Third Applicant

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towards me/us. I/We understand that the Company may at any time and at its sole discretion reject my/our Application without assigning any reasons whatsoever therefor.

02. I/We understand that in addition to the Sale Consideration as set out in Annexure-A, I/we shall also be liable to pay all third party charges including the applicable registration amount and stamp duty demanded by the Company as well as any revision/enhancement in the External Development Charges (EDC), Infrastructure Development Charges (IDC) or service tax, VAT, GST, or any other third party/statutory taxes, fees, charges, etc., or interest thereon, as may be applicable.

03. I/We declare that I/we am/are competent to make and submit the present Application

for booking of the Serviced Apartment and there is no legal, regulatory or statutory impediment or restriction on my/our making this Application or the payment tendered hereunder.

04. I/We acknowledge and declare that the Company has readily provided me/us with all

the information/clarifications as required by me/us and I/we have not relied upon and nor been influenced by any architects’ plans, sales plans, sale brochures, advertisements, representations, promises or any other information except what is stated specifically in this Application and I/we have relied solely on my/our own estimation in deciding to make the present Application for the prospective purchase of the aforesaid Serviced Apartment.

05. I/We have also gone through and read the key indicative terms and conditions listed out in Schedule-1, (which shall form and be read as an integral part of this Application), as condensed from the proposed Serviced Apartment Buyer’s Agreement. I/We understand that these are merely indicative and conveyed herein in a condensed form for the purpose of broadly acquainting me/us with some of the essential terms and conditions for the proposed transfer of the Serviced Apartment. I/we further understand and agree that the actual terms and conditions contained in the Serviced Apartment Buyer’s Agreement would be more comprehensive and elaborate. I/We further agree that the Company may at its sole discretion elaborate, add to, amend, modify, or delete from these terms and conditions in its Serviced Apartment Buyer’s Agreement.

06. I/We declare that I/we have fully satisfied myself/ourselves about the right, title and

interest of the Company and its Associate/Group Companies with respect to the land on which the Project is to be constructed as well as the approvals/consents/sanctions/license granted by the Director General Town and Country Planning (DTCP) and/or any other government authority and the competency of the Company and its Associate/Group Companies to develop and sell the aforesaid Serviced Apartment. I/We have understood all the limitations and obligations of the Company with respect to the same.

07. The Company proposes to pool in the said Serviced Apartment in a Rental Pool arrangement (“Rental Pool”) to be managed by an affiliate/associate of the Company which shall act on my/our behalf as the exclusive manager for the management and operation of the Rental Pool in accordance with the terms and conditions set out in the Rental Pool Agreement. I/We have also gone through and read the key indicative terms and conditions from the Rental Pool Agreement as listed out in Schedule-2, which shall form and be read as an integral part of this Application. I/We understand that these are merely indicative and conveyed herein in a condensed form for the purpose of broadly acquainting me/us with some of the essential terms and conditions for the Rental Pool Agreement. I/we further understand and agree that the actual terms and conditions contained in the Rental Pool Agreement would be more comprehensive and elaborate. I/We further agree that the Company may at its sole discretion elaborate, add to, amend, modify, or delete from these terms and conditions in its Rental Pool Agreement.

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08. I/We understand that once submitted, this Application cannot be revoked by me/us and in the event I/we withdraw our Application or if I/we do not accept the allotment made by the Company on my/our Application or I/we do not execute the Serviced Apartment Buyer’s Agreement, Rental Pool Agreement or any other agreement/document within the time stipulated by the Company for this purpose, then my/our entire Booking Amount shall be forfeited to the Company and I/We shall be left with no right, interest, claim or lien on the said Serviced Apartment or its Booking or otherwise on the Company in any other manner whatsoever.

09. I/We confirm that all correspondence to me/us should be made in the name of the First

Applicant at the address given above and any notices /letters sent by the Company to the above address shall be valid intimation to all of us regarding the contents therein.

10. In case my/our Application for Booking of the said Serviced Apartment is accepted and the Company makes an allotment, then I/we undertake to execute all documents /agreements as per the Company’s format and agree to accept and abide by all the terms and conditions therein and pay all charges as applicable therein and/or as demanded by the Company in due course.

11. I/We have sought detailed explanations and clarifications from the Company prior to making this Application and the Company has readily provided such explanations and clarifications to us and after giving careful consideration to all the facts, terms and conditions, I/We have signed this Application Form and paid the Booking Amount for allotment. I/We further undertake and assure the Company that in the event of rejection of my/our Application for Booking by the Company, or in the eventuality of forfeiture of my/our Earnest Money (as defined in Schedule-1 hereinafter) in accordance herewith, I/We shall be left with no right, title, interest or lien under this application or against any serviced apartment in relation to the said Project.

DECLARATION: I/We confirm and declare that the particulars provided by me/us are true to my/our knowledge and correct to the best of my/our belief. No part of it is false and nothing material has been concealed or withheld by me/us therefrom. I/We have fully read and understood the above mentioned terms and conditions and agree to abide by the same. Channel Partner, (if any), Name: (Sign and put rubber stamp) Telephone / Mobile Number: Permanent Account No._________________________ Service Tax No._________________________ Thanking you, Yours faithfully, Signatures of: Sole/First Applicant Second Applicant Third Applicant Date: Place: Note:

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1) All payments to be made by the Applicant unless specified otherwise in writing by the Company, shall be vide a demand draft/banker’s cheque/ordinary cheque payable at par at New Delhi in favour of “ IREO Pvt. Ltd” or an interbank electronic transfer to the said current account no. 01732100000055 at Kotak Mahindra Bank Ltd, M-43A M Block Market, Greater Kailash-II, New Delhi-110048. All payments shall be subject to their actual realization in the above mentioned account. The date of credit into the above account shall be deemed to be the date of payment and exchange rates prevailing on such date shall be applicable for payments made in foreign currency.

2) In case the cheque comprising Booking Amount/registration amount is dishonoured due to any reason, the Company reserves the right to cancel the booking without giving any notice to the Applicant(s).

3) Applications not accompanied by photographs and the particulars mentioned hereinabove of the Applicant(s) shall be considered as incomplete and may be rejected by the Company at its sole discretion.

4) Documents required at the time of Booking:2 a. Booking amount cheque/draft. b. PAN No. & Copy of PAN Card/Undertaking. c. For Companies: Copy of Memorandum of Articles of Association, certified copy of

Board Resolution, Form 18 and Form 32. d. For Partnership Firm: Copy of partnership deed, firm registration certificate,

consent/authorization from all the partners. e. For Foreign Nationals of Indian Origin: Passport photocopy and funds from their

own NRE/FCNR A/c. f. For NRI: Copy of passport and payment through their own NRE/NRO A/c/FCNR A/c. g. One photograph of each Applicant. h. Address/Identity Proof: Photocopy of Passport/Electoral Identity Card/Ration

Card/Driving Licence/ PIO Card/OCI Card etc. i. Specimen signatures duly verified by bankers (in original). j. If the first applicant is a minor, then proof of age and address of natural guardian to

be furnished.

2All copies of documents wherever required, should be self-attested.

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ANNEXURE-A PROVISIONAL DETAILS OF THE SERVICED APARTMENT (1) Priority No.__________________________________

(2) Type____________________________________________

(3) Super Area _________________ sq.ft.* (approx) [______________ sq. mtr. (approx)]

PAYMENT PLAN: (Please tick appropriate) Down Payment Plan [ ] Construction Linked Plan [ ] Time Linked Plan [ ] (Enclosed) AMOUNT PAYABLE (i) Basic Sale Price (BSP) : Rs. ________________ per sq. ft. of Super

Area (ii) Estimated Development

Charges : Rs. ________________ per sq. ft. of Super

Area (EDC, IDC, Infrastructure

Augmentation Charges etc.,)

(iii) Initial Working Capital

Deposit : Rs. 5,00,000/- Aggregate

(iv) Car Park Space ( Nos__________)

: Rs. _________________ Aggregate

(v) Other Charges, if any, for

__________________________ Rs. _________________

Note: All amounts towards third party/statutory taxes, fees, charges including Service Tax, VAT, GST, stamp duty, registration charges, revised Development Charges, as applicable or as indicated in the Serviced Apartment Buyer’s Agreement shall be extra and payable by the Applicant(s) as and when demanded by the Company for the said Apartment. Development Charges shall also include the interest and/or carrying cost on the capital deployed at the rate of 15% per annum. Signatures of: Sole/First Applicant Second Applicant Third Applicant

*1 sq.ft. = 0.0929 sq. mtr.

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FOR OFFICE USE ONLY 1. Application received by _____________________ on _____________ (date)

2. Documents: Complete/Incomplete. (To be completed by______________________)

3. Priority No.__________________________________

4. Type____________________________________________

5. Super Area _________________ sq.ft.* (approx) [______________ sq. mtr. (approx)]

6. PAYMENT PLAN: (Please tick appropriate) Down Payment Plan [ ] Construction Linked Plan [ ] Time Linked Plan [ ]

(Enclosed)

7. AMOUNT PAYABLE/RATE APPLICABLE

(i) Basic Sale Price (BSP) : Rs. ________________ per sq. ft. of Super Area

(ii) Estimated Development Charges : Rs. ________________ per sq. ft. of Super

Area (EDC, IDC, Infrastructure

Augmentation Charges etc.,)

(iii) Initial Working Capital Deposit : Rs. 5,00,000/- Aggregate

(iv) Car Park Space ( Nos__________) : Rs. _________________ Aggregate

(v) Other Charges, if any, for

__________________________ : Rs. _________________

8. Other charges as per the terms and conditions of the Application/ Serviced Apartment Buyer’s Agreement as applicable

9. Mode of Booking: i) Direct___________________ (Ref. if any)_________________________ ii) Channel Partner Name:

10. Application: Accepted / Rejected

(Concerned Team Member/Authorized Signatory) ** (Sales Team)

** (SALES HEAD)

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* 1 sq.ft.= 0.0929 sq.mtr. **if Application is rejected, then please give brief reason and follow up action below:

FOR CRM/SALES ADMINISTRATION OFFICE USE Check List 1. Application date __________________________ 2. Dealing Executive(s) __________________________ 3. Documents completion status: a. Booking Amount cheque for Rs.____________________ cleared on _____________

[ ] Less than prescribed amount [ ] Excess to prescribed amount

[ ] Equivalent to prescribed amount Type of Account: [ ]Domestic [ ] NRE [ ]NRO [ ]Foreign

b. Identity Proof : [ ] c. Address Proof : [ ] d. Photographs : [ ] e. Signatures : [ ]

4. Payment Plan

Down Payment Plan [ ] Construction Linked Plan [ ] Time Linked Plan [ ] (Enclosed)

5. Charges

a. BSP.________________________________________________________________

b. Estimated Development Charges _______________________________ (EDC, IDC, Infrastructure Augmentation Charges etc.)

c. Initial Working Capital Deposit Rs. 5,00,000/-

d. Other charges_____________________________________________________

6. Booking:

Direct : [ ]__________________________________________

Channel : [ ] __________________________________________

Reference : [ ] __________________________________________

7. Fit for sending Allotment letter [ ] and Agreement [ ]

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PAYMENT PLAN

Payment Plan for the Serviced Apartment under Rental Pool Option

Milestone Payment Due

1 At the time of Booking 10% of Basic Sale Price 2 60 Days from Date of Booking 10% of Basic Sale Price 3 Commencement of Excavation 10% of Basic Sale Price + 50% DC*

4 Casting of Top Basement Roof Slab 7.5% of Basic Sale Price + 50% DC

5 Casting of 2nd Floor Roof Slab 7.5% of Basic Sale Price 6 Casting of 5th Floor Roof Slab 7.5% of Basic Sale Price 7 Casting of 8th Floor Roof Slab 7.5% of Basic Sale Price 8 Casting of 11th Floor Roof Slab 7.5% of Basic Sale Price 9 Casting of 14th Floor Roof Slab 7.5% of Basic Sale Price

10 Completion of Super Structure 7.5% of Basic Sale Price 11 Completion of Flooring 7.5% of Basic Sale Price

12 Commencement of Interior Furnishing Work 5% of Basic Sale Price

13 Offer of Possesion 5% of Basic sale price + Working Capital Deposit * Developmental Charges as defined in clause number 4 of the Key indicative terms & conditions

Note : - Other Charges interms of the agreement, Stamp Duty, Registartion charges & Administrative Charges

are payable as per payment request from the company

Service Tax and and other taxes as applicable by the Govt. from time to time

NO PLC applicable on rental Pool Option as per original plan

Development Charges as defined in Clause 4 of Schedule-I. Note: Other charges in terms of the Apartment Buyer’s Agreement, stamp duty, registration charges and administrative charges are payable as per payment request from the Company. Service tax and other taxes as applicable by the Government from time to time.

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SCHEDULE-1

KEY INDICATORS FROM THE TERMS AND CONDITIONS OF SERVICED APARTMENT BUYER’S AGREEMENT

The following terms and conditions of allotment of a serviced apartment (hereinafter referred to as the “Serviced Apartment”) in “ Ireo City ” project at Sector -59, Gurgaon - 122002, Haryana (hereinafter referred to as the said “Project ”), being developed by M/s. IREO Pvt. Ltd. and its Associate/Group Companies (hereinafter collectively referred to as the “Company”) are indicative in nature with a view to acquaint the Applicant(s) (hereinafter “Applicant”) with some of the key terms and conditions, as will be more comprehensively set out in the proposed Serviced Apartment Buyer’s Agreement (“Agreement”).

1. The Applicant has applied for a Serviced Apartment with full knowledge of all the terms

hereof as well as the laws/notifications and rules applicable to the area in general and the Project in particular and all queries have been answered by the Company to the complete satisfaction of the Applicant.

2. The Applicant has satisfied itself about the right, title and interest of the Company to sell

and market the said Serviced Apartment and the right and title of the Company in the land on which the service apartments are being developed and the licence which has been issued in favour of the Company’s Associate/Group Companies. The Applicant has understood all limitations and obligations in respect thereof. Having carried out its independent investigations, the Applicant agrees that after signing of this Agreement, it shall not raise any disputes nor raise any objections in this respect.

3. The Company proposes to pool in the said Serviced Apartment in a Rental Pool

arrangement to be managed by an affiliate/associate of the Company which shall act on behalf of the Applicant as the exclusive manager for the management and operation of the Rental Pool in accordance with the terms and conditions set out in the Rental Pool Agreement.

4. The Applicant shall make all payments of the agreed Sale Consideration of the said Serviced Apartment as per the Payment Plan, along with the other applicable charges as mentioned or stipulated therein vis-à-vis Basic Sale Price, Development Charges (which shall include EDC, IDC, Infrastructure Augmentation Charges etc. as also the interest and/or carrying cost on the capital deployed at the rate of 15% per annum) , Initial Working Capital Deposit and all other charges as may be communicated from time to time. The Applicant shall further be liable to pay any enhanced External Development Charges (EDC), Infrastructure Development Charges (IDC) or any other tax/charges including any fresh incidence of tax as may be levied by the Government of Haryana/Competent Authority/Central Government, even if it is retrospective in effect as and when demanded by the Company. The Applicant shall further make payment of any other third party/statutory taxes/fees including without limitation, registration charges, stamp duty and other incidental expenses, as and when demanded by the Company.

5. The Applicant understands and agrees that the Initial Working Capital Deposit shall be refunded to the Applicant by the Company or the operator for the Rental Pool only when sufficient working capital reserve has been created from the gross revenue generated by the operations of the Rental Pool business.

6. The Applicant shall also pay, as and when demanded by the Company the prorated share of any Value Added Tax (VAT), Service Tax, GST or any other third party/statutory taxes, duties, charges, cess, fees, levies, etc., as may be found applicable to the present transaction or the said Serviced Apartment.

7. The Applicant has understood that the Basic Sale Price along with Development Charges

and other charges, whatsoever shall constitute the “Sale Consideration” for the said

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Serviced Apartment and shall be set out in the “Payment Plan” to be annexed. A sum quantified as equivalent to 20% of the Sale Consideration shall, constitute the “Earnest Money”.

8. The Company may improve upon, modify or upgrade the specifications of the Project/the said Serviced Apartment with a view to enhance the aesthetic features or considerations of efficiency or better building methodology, better maintenance and/or utilization of Buildings etc., as may be advised to it and/or deemed fit in its sole discretion, subject however to the condition that the increase on such account shall be limited upto a maximum 5% of the Basic Sale Price. Any increased cost to be passed on to the Allottee under this clause shall be calculated on a cost plus incidentals alongwith overhead and administrative charges at the rate of 20% thereon.

9. The Applicant understands and agrees that the Basic Sale Price of the said Serviced

Apartment has been calculated based on the prevailing purchase rates of raw materials and input costs at the time of original booking (‘Input Costs’). The escalation, if any, in the Input Costs, on the expiry of the Grace Period (defined hereinafter) or the handing over of possession of the said Serviced Apartment, whichever occurs earlier (‘Chargeable Period’), to the extent of 10% thereof shall be absorbed by the Company and balance shall be paid by the Applicant. Furthermore, such escalation shall be charged on 50% of the Basic Sale Price being the deemed Input Costs to the Company (“Chargeable Escalation”).

The benchmark of determining escalation in the Input Costs shall be the Wholesale Price Index derived from the monthly indexed rates for ‘All Commodities’ published on the website of the Economic Advisor to the Government of India, Ministry of Commerce and Industry at “http;//eaindustry.nic.in” (‘WPI’). The escalation in the Input Costs shall be calculated based on the published WPI for the month in which the original booking for the said Serviced Apartment is made (‘Base WPI’) and the WPI for the last month of the Chargeable Period (‘Escalated WPI’). The Applicant shall be liable to pay the Chargeable Escalation on demand, in accordance with the Super Area of the said Serviced Apartment, irrespective of its Payment Plan. It is further agreed by the Applicant that if at any point during the Chargeable Period the Government of India stops publishing the WPI due to any reason(s), the Base WPI as well as the Escalated WPI shall be derived from alternative indexed rates published by the Government of India or any national institute of repute.

10. All payments to be made by the Applicant under this Agreement shall, unless specified otherwise in writing by the Company, shall be by way of a demand draft/banker’s cheque/ordinary cheque payable at par at New Delhi in favour of “ IREO Pvt. Ltd” or an interbank electronic transfer to the said current account no. 01732100000055 at Kotak Mahindra Bank Ltd, M-43A M Block Market, Greater Kailash-II, New Delhi-110048. All payments shall be subject to their actual realization in the above mentioned account. The date of credit into the above account shall be deemed to be the date of payment and exchange rates prevailing as on such date shall be applicable for payments made in foreign currency.

11. The Applicant shall be liable to pay simple interest on every delayed payment at the rate

of 20% per annum from the date that it is due for payment till the date of actual payment thereof. In case the Applicant defaults in making payment of the due installment (including partial default) beyond a period of 90 days from the due date, the Company shall be entitled, though not obliged, to cancel the allotment and terminate this Agreement at any time thereafter in accordance herewith. However, the Company may alternatively, in its sole discretion, instead decide to waive its right to terminate this Agreement and enforce the payment of all its dues from the Applicant by seeking Specific Performance of this Agreement. Further, in every such case of delayed payment, irrespective of the type of Payment Plan, the subsequent credit of such delayed

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installment(s)/payments along with delayed interest in the account of the Company shall not however constitute waiver of the right of termination reserved herein and shall always be without prejudice to the rights of the Company to terminate this Agreement.

12. Save and except in the case of any bank, financial institution or company with whom a

tripartite agreement has been separately executed for financing the said Serviced Apartment, or where the Company has given a permission to mortgage to any bank, financial institution or company for extending a loan to the Applicant against the said Serviced Apartment, the Company shall not be responsible towards any third party, who has made payments, remittances to the Company on behalf of the Applicant and such third party shall not have any right in this Agreement whatsoever. The Company shall issue the payment receipts only in favour of the Applicant. Under all circumstances, the Applicant is and shall remain solely and absolutely responsible for ensuring and making all the payments due under this Agreement on time.

13. The Company shall adjust all the amounts received from the Applicant first towards

interest on overdue installments and only thereafter towards the overdue installments or any other outstanding amounts due and payable to the Company and finally the balance, if any, would be adjusted towards the current installment or current dues for which the payment is tendered.

14. That due performance of all the obligations under this Agreement and more specifically

the timely payment of the Sale Consideration and other charges under the Payment Plan agreed by the Applicant shall be of the essence of this Agreement. If the Applicant neglects, omits, ignores, or fails in the timely performance of its obligations agreed or stipulated herein for any reason whatsoever or to pay in time to the Company any of the installments or other amounts and charges due and payable by the Applicant by respective due dates, the Company shall be entitled to cancel the allotment, terminate this Agreement and forfeit the Earnest Money and deduct any interest accrued on delayed installments, late payment charges and payouts such as brokerage/commission/charges, service tax etc. .

15. That the Applicant understands that the Parking Space(s) which would be allotted to it shall be an integral part of the said Serviced Apartment and these cannot be sold or transferred independent of the said Serviced Apartment. Additional car parking spaces may be allotted at the discretion of the Company to the Applicant on its request, subject however to the availability of parking space in the Project and if available, further subject to payment of additional charges as may be decided by the Company. All clauses of this Application and the Agreement pertaining to the said Serviced Apartment including allotment, use, transfer, possession, cancellation, resumption, etc., shall apply automatically to the parking spaces. The Applicant understands and agrees that parking spaces shall not form part of the common areas of the Project.

16. The Applicant hereby agrees and undertakes to become a member of the Residents

Welfare Association (“RWA”) as and when it would be formed by the Company on behalf of all the property owners in the Project or such part as constituted by the Company, and to complete the documentation and fulfill its obligations towards this purpose as may be required, including but not limited to submission of the RWA Membership form, payment of annual subscription charges/fees, etc.

17. The Company is in the process of developing the Project in accordance with the tentative layout and buildings plans, however these may undergo change during the process of finalization. . In the event there are any changes are required in the layout plan and/or drawings as approved in due course whether by any statutory authority(s), Government, or otherwise necessitated, the Applicant shall have no objection and hereby gives its consent thereto. The Applicant further understands and agrees that although every attempt shall be made by the Company to adhere to the size and location and super area

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_______________ Applicant(s) 14

of the said Serviced Apartment, however, in the event that there is any change in the said Serviced Apartment’s location or variation in its size to the extent of ±20% at the time of final measurement as contemplated hereinafter, the Sale Consideration agreed herein, as the case may be, shall either be payable or refundable in proportion to such variation without any interest thereon and no other claim, whatsoever, monetary or otherwise shall lie against the Company nor shall be raised otherwise or in any manner whatsoever by the Applicant.

18. In the event that variation in the Super Area of the said Serviced Apartment is greater

than ±20% at the time of final measurement and the same is not acceptable to the Applicant, every attempt shall be made to offer the Applicant an alternative serviced apartment of a similar size at another location within the Project, subject to availability. In the event that such an alternate serviced apartment is available and the Applicant accepts the substitute serviced apartment at such changed location the proportionate Sale Consideration shall be payable or refundable as the case may be at the rates agreed herein. No other claim, whatsoever, monetary or otherwise shall lie against the Company nor shall be raised otherwise or in any other manner whatsoever by the Applicant.

19. In the event that Applicant does not accept such substitute serviced apartment and if

there is no other serviced apartment of a similar size at another location, then the Applicant shall be refunded its paid up Sale Consideration received against the said Serviced Apartment by the Company, along with simple interest thereon at the rate of 8% per annum excluding any interest paid/payable by the Applicant on any delayed payment. No other claim monetary or otherwise, shall lie against the Company nor shall be raised otherwise or in any manner whatsoever by the Applicant.

20. The Applicant understands and acknowledges that on account of modifications to the Layout Plan and/or for other reasons, during ongoing completion, the Project may not include the said Serviced Apartment. In such a case or on account of deletion or reduction in the number of serviced apartments in the Project the paid up Sale Consideration received against the said Serviced Apartment by the Company shall be refunded to the Applicant, along with simple interest thereon at the rate of 8% per annum excluding any interest paid/payable by the Applicant on any delayed payment. No other claim, whatsoever, monetary or otherwise shall lie against the Company nor shall be raised otherwise or in any other manner whatsoever by the Applicant.

21. The Company reserves its right to effect suitable changes and alterations in the Layout

Plan, elevations, specifications, the height, width, finishing, etc. of the Project at any time and in any manner it thinks fit and proper. Furthermore, the Company may, in its sole discretion, in the interest of better planning and timely completion of the said Serviced Apartment, change the location of the said Serviced Apartment to a serviced apartment of similar size at another floor, tower or location within the Project, to which the Applicant hereby consents.

22. The Company shall have the absolute right to modify the Building Plans and make

additional construction anywhere in the Project by way of an increase in the number of floors or otherwise, whether on account of increase in Floor Area Ratio (FAR) or better utilization of the said land or pursuant to grant of additional licenses or for any other reason whatsoever to the extent permissible by the government or Director General Town and Country Planning, Chandigarh, Haryana (DTCP). The Company shall have the absolute and unfettered right to transfer such additionally constructed areas in any manner whatsoever as the Company may in its absolute discretion think fit. The Company and the transferees of such additional construction shall have the same rights as the Applicant with respect to the Project including the right to be member of the RWA to be formed under the Haryana Apartment Ownership Act, 1983 (“Apartment Act”) and an equal right to use of the General Common Areas and other common amenities of the Project.

23. The Applicant shall be entitled to the possession of the said Serviced Apartment only

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after the full payment of the Sale Consideration and any other charges and dues payable under this Agreement have been remitted to the Company and all other obligations imposed under this Agreement have been fulfilled by the Applicant to the complete satisfaction of the Company.

24. The Applicant shall not encroach upon or occupy any area or land outside its Serviced Apartment boundaries or any common areas under any circumstances whatsoever and shall park its vehicle at a designated place only.

25. The Applicant understands and agrees that it shall not have any right to transfer/assign this Agreement in favour of any other person. Notwithstanding this restriction, the Company may at its sole discretion permit such assignment/transfer of this Agreement in favour of a nominee on a case to case basis provided that the Company has received 30% of the Sale Consideration and subject always to payment of the administrative and/or transfer charges in accordance with the Company’s policy from time to time as well as the execution of appropriate collateral documentation by the Applicant and the proposed assignee(s)/transferee(s) to the complete satisfaction of the Company in the format finalized by it. Any change in the name registered as ‘Applicant’ (including, addition/deletion/substitution) will be deemed as assignment/transfer for this purpose. In the event the Applicant has obtained finance/loan against the said Serviced Apartment from any financial institution/bank, then a no objection certificate/letter (NOC) by such financial institution/bank shall be submitted to the Company in a format approved by it, permitting/consenting to the requested assignment/transfer, by the Applicant. It is however made clear that the Applicant does not have any enforceable right to demand assignment/transfer of its rights under this Agreement, the sole discretion of which rests with the Company and the Applicant agrees and consents that the Company is not bound to permit the requested assignment/transfer, even though it may have done so in any other person’s case previously or may do so subsequently.

26. In the event that any such request for assignment/transfer of rights under this

Agreement is permitted by the Company, it shall always be subject to the applicable laws, rules, regulations and the directions of the Government. The Applicant hereby indemnifies and undertakes to keep the Company saved, indemnified and harmless at all times from any legal, monetary (including liability for any tax, penalty or duties, etc.), or other adverse consequence whatsoever on account of such permission being accorded by the Company on the request of the Applicant.

27. It is made clear to the Applicant that under no circumstances shall the permission for

assignment/transfer of its rights under this Agreement be granted to the Applicant either on any request made subsequent to the Notice of Possession for the said Serviced Apartment or after receipt of the complete Sale Consideration from the Applicant against the said Serviced Apartment.

28. The Applicant shall only take possession of the said Serviced Apartment after the full

payment against the Serviced Apartment has been made and all the dues of the Applicant have been cleared. Furthermore, the Applicant shall resolve any complaint with regard to the construction or quality of workmanship, prior to taking possession of the Serviced Apartment after which all claims would be deemed to be waived by the Applicant.

29. The Applicant agrees and undertakes that it shall not modify any structure or raise any

illegal construction in the said Serviced Apartment nor encroach upon or occupy any area falling outside the said Serviced Apartment. The said Serviced Apartment shall solely be used for permitted purpose alone and for no other purpose and furthermore the Applicant shall not conduct any illegal or immoral activities from or in the said Serviced Apartment. The Applicant further undertakes not to carry on any activity from and in the said Serviced Apartment, which creates nuisance or is illegal, obnoxious or contrary to public policy or contrary to the common interest of the collective owners/occupants of the Project.

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30. The Applicant confirms and assures the Company that it has read and understood the Apartment Act and the implications thereof in relation to this Application and the Applicant further confirms that it shall comply, as and when applicable and from time to time, with the provisions of the Apartment Act or any statutory amendments or modifications thereof or the provisions of any other law(s) dealing with the subject matter of this Application.

31. In the event of there being more than one/joint applicant for the said Serviced

Apartment, all communications, demand notices, etc., shall be sent by the Company to that Applicant whose name appears first in the Memo of Parties/information given above. It shall be the responsibility of the first named Applicant to inform the Company by Registered A.D./UPC/Courier post about any subsequent changes in its address, if any, failing which all demand notices and letters posted at the latest address available with the Company will be deemed to have been received by the Applicant within 5 days from the dispatch of the letter or receipt of the letter by the Applicant whichever is earlier. The Company on its part shall accordingly be bound to inform the first named Applicant of any change in the Company’s address from the one given above.

32. The Applicant hereby authorizes and permits the Company to raise finance/loan from

any institution, company, bank or any other person by any mode or manner, inter alia by way of charge/mortgage of the Project or any part thereof including the said Serviced Apartment, subject to the condition that an NOC for the said Serviced Apartment shall be obtained from the said institution, company or bank before the execution of the Conveyance Deed or the execution of the Tripartite Agreement with the respective institution, company or bank, financing the said Serviced Apartment as the case may be.

33. The Applicant understands and agrees that under no circumstances shall, the payments

made under this Agreement, be construed or deemed to create, in any manner whatsoever, a lien on the said Serviced Apartment in favour of the Applicant. The Applicant clearly understands that the ultimate Conveyance of the said Serviced Apartment in favour of the Applicant is contingent on the payment of the complete Sale Consideration and all outstanding dues and the due and faithful performance by the Applicant of all its obligations agreed and undertaken herein.

34. The Applicant shall indemnify and undertakes to keep the Company, its assignees and

nominees saved, indemnified and harmless from and against all consequences resulting from the breach by the Applicant of any law or its representations, warranties and undertakings being untrue.

35. In case the Applicant is NRI/PIO/FNIO, the Applicant further agrees that it shall be responsible for complying with the necessary formalities as laid down in the Foreign Exchange Management Act, 1999 (FEMA), rules and regulation of the Reserve Bank of India or statutory enactments or amendments thereof and all other applicable laws including that of remittance of payments, acquisition, sale, transfer of immovable property, etc., and provide the Company with such permissions, approvals which would enable the Company to fulfill its obligations under this Application. The Applicant agrees that in the event of any failure on its part to comply with the applicable guidelines issued by the Reserve Bank of India, the Applicant shall alone be liable for any action under FEMA. The Applicant shall keep the Company fully indemnified and harmless in this regard.

36. The compliance hereof, by the Company shall be subject at all times to force majeure

circumstances, and any event beyond the reasonable control of the Company by itself or in combination with other events or circumstances which cannot (i) by the exercise of reasonable diligence, or (ii) despite the adoption of reasonable precautions and/or alternative measures have been prevented, or caused to have been prevented, and which materially impairs or adversely affects the Company’s ability to perform its obligation under this Agreement, and which events and circumstances shall include but not be

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limited to (a) acts of God, i.e. fire, drought, flood, earthquake, epidemics, natural disasters or deaths or disabilities; (b) explosions or accidents, air crashes and shipwrecks; (c) strikes or lock outs, industrial dispute; (d) non-availability of cement, steel or other construction material due to strikes of manufactures, suppliers, transporters or other intermediaries; (e) war and hostilities of war, riots or civil commotion; (f) non-grant, refusal, delay, withholding, cancellation of any approval from any governmental authority or imposition of any adverse condition or obligation in any approvals from any governmental authority, including any delay beyond the control of Company in issuance of the occupation certificate, completion certificate and/or any other approvals/certificate as may be required; (g) any matters, issues relating to such approvals, permissions, notices, notifications by the competent authority become subject matter of any suit/writ before a court of law; (h)the promulgation of or amendment in any law, rule or regulation or the issue of any injunction, court order or direction from any governmental authority that prevents or restricts the Company from complying with any or all the terms and conditions as agreed in this Agreement;( i) economic recession; (j) any event or circumstances analogous to the foregoing. In the event of happening of any Force Majeure events, the Company shall be entitled to corresponding extension of time for performance of its obligations under this Agreement.

37. The Applicant further agrees that, if on account of force majeure conditions, the Company if decides in its sole discretion to abandon the Project, then in that event the Applicant hereby authorizes the Company to refund the amounts received from him/them with simple interest at the rate of 8 % per annum (excluding interest paid/payable by the Applicant on any delayed payment) and the Applicant hereby confirms that he shall not have or make any other claim against the Company.

38. Subject to force majeure and further subject to the Applicant having complied with all its

obligations under the terms and conditions of this Agreement, and the Applicant not being in default under any part of this Agreement including but not limited to the timely payment of the total Sale Consideration, Stamp Duty and other charges/fees/taxes/levies and also subject to the Applicant having complied with all formalities or documentation as prescribed by the Company, the Company proposes to hand over the possession of the said Serviced Apartment to the Applicant within a period of 42 months from the date of approval of the building plans and/or fulfillment of the preconditions imposed thereunder (“Commitment Period”). The Applicant further agrees and understands that the Company shall additionally be entitled to a period of 180(One Hundred Eighty) days (“Grace Period”), after the expiry of the said Commitment Period to allow for unforeseen delays beyond the reasonable control of the Company. Subject to the condition contained herein, if the Company fails to offer possession of the said Serviced Apartment to the Applicant by the end of the Grace Period, it shall be liable to pay to the Applicant compensation calculated at the rate of Rs. 20 /- (Rupees Twenty Only) per sq. ft. of Super Area (“Delay Compensation”) for every month of delay thereafter until the actual date fixed by the Company for handing over of possession of the said Serviced Apartment to the Applicant. The Applicant shall be entitled to payment/adjustment against such ‘Delay Compensation’ only at the time of ‘Notice of Possession’ or at the time of payment of the final installment, whichever is earlier.

39. Subject to above, in the event of delay by the Company in handing over the possession of the said Serviced Apartment beyond a period of 12 months from the end of the Grace Period (such 12 months period hereinafter referred to as the “Extended Delay Period”), then the Applicant shall become entitled to opt for termination of the Allotment/Agreement and refund of the actual paid up installments made against the said Serviced Apartment after adjusting the interest on delayed payments along with Delay Compensation for 12 months. Such refund shall be made by the Company within 90 days of receipt of intimation to this effect from the Applicant, without any interest thereon. The Delay Compensation payable to the applicant who is validly opting for termination, shall be limited to and calculated for the fixed period of 12 months only irrespective of the date

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on which the Applicant actually exercised the option for termination. This option of termination may be exercised by the Applicant only up till dispatch of the Notice of Possession by the Company to the Applicant whereupon the said option shall be deemed to have irrevocably lapsed. No other claim, whatsoever, monetary or otherwise shall lie against the Company nor be raised otherwise or in any other manner by the Applicant.

40. Notwithstanding any other provisions of this Agreement, the Applicant agrees that if it fails, ignores or neglects to take the possession of the said Serviced Apartment in accordance with the Notice of Possession sent by the Company, the Applicant shall also be liable to pay at the rate of Rs. 20/- (Rupees Twenty Only) per month per sq. ft. of the Super Area of the said Serviced Apartment (“Holding Charges”). The Holding Charges shall be a distinct charge in addition to the maintenance charges and not related to any other charges/consideration as provided in this Agreement.

41. The structures comprising the Project, including the Building in which the said Serviced Apartment is located may be got insured against fire, earthquake, riots and civil commotion, terrorism, etc., by the Company on behalf of all the owners of the Project and the cost thereof shall be apportioned amongst the owners of the Project in the manner determined by the Company.

42. Notwithstanding anything contained in this Agreement, timely performance by the Applicant of all its obligations under this Agreement, including without limitation, its obligations to execute the Serviced Apartment Buyer’s Agreement, Rental Pool Agreement and specially to make timely payments of the Sale Consideration, Initial Working Capital Deposit and other deposits and amounts including any interest, in accordance with this Agreement shall be of essence under this Agreement. If the Applicant neglects, omits, ignores, or fails in the timely performance of its obligations agreed or stipulated herein for any reason whatsoever or to pay in time to the Company any of the installments or other amounts and charges due and payable by the Applicant by respective due dates, the Company shall be entitled to cancel the allotment and terminate this Agreement in the manner described hereunder.

43. In case any breach committed by the Applicant is incapable of rectification or is in the

opinion of the Company unlikely to be rectified by the Applicant or is such where the breach is repeated or is continuing despite the Applicant being given an opportunity to rectify the same, then this Agreement may be cancelled by the Company at its sole option by written notice (“Notice of Termination”) to the Applicant intimating to it the decision of the Company to terminate the Agreement and the grounds on which such action has been taken.

In all other cases not covered under this clause, the Company shall give to the Applicant a notice calling upon it to rectify the breach set out in the said notice within 30 days from the date of the said notice. In the event that the Applicant fails to establish to the satisfaction of the Company that the said breach has been rectified by it within the stipulated time, the Company may terminate this Agreement in the manner set out in this clause above and to the same effect.

44. For the removal of doubts, it is clarified that notwithstanding the fact that the refund

cheque has not been dispatched by the Company, or if dispatched, it has not been received by the Applicant or if received, such refund cheque remains un-encashed by the Applicant, the dispatch of the Notice of Termination by the Company would be deemed to sufficiently and by itself constitute termination of this Agreement and no further act on the part of the Company would be necessary for this purpose. It is further clarified that immediately on dispatch of the Notice of Termination, the Company shall be entitled to re-allot the said Serviced Apartment afresh to any other person and the Applicant agrees and undertakes that it shall not object thereto nor seek any legal relief so as to prevent such re-allotment.

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45. The Applicant understands, agrees and consents that upon such termination, the Company shall be under no obligation save and except to refund the amounts already paid by the Applicant to the Company, without any interest, and after forfeiting and deducting the Earnest Money, brokerage/commission/charges, service tax and other amounts due and payable to it including any interest accrued on delayed installments and late payment charges only after resale of the said Apartment. Upon termination of this Agreement save for the right to refund, if any, to the extent agreed hereinabove, the Applicant shall have no further right or claim against the Company, which, if any, and shall be deemed to have been waived and the Applicant hereby expressly consents thereto. The Company shall thenceforth be free to deal with the said Serviced Apartment in any manner whatsoever, in its sole and absolute discretion and in the event that the Applicant has taken possession of the said Serviced Apartment, then the Company shall also be entitled to re-enter and resume possession of the said Serviced Apartment and everything whatsoever contained therein and in such event, the Applicant and/or any other person/occupant of the said Serviced Apartment shall immediately vacate the said Serviced Apartment and otherwise be liable to immediate ejectment as an unlawful occupant/trespasser. This is without prejudice to any other rights available to the Company against the Applicant.

46. The Company shall also be entitled to and hereby reserves its right to cancel/terminate

this Agreement in the manner described above, in case in the opinion of the Company, (a) the allotment of the said Serviced Apartment has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Applicant has violated or violates any of the directions issued, rules and regulations framed by the Company or by any statutory body or competent authority, including DTCP, OR (c) if the Applicant by it’s conduct or actions, vitiates the spirit and essence of this Agreement. The condition contained in part (a) and (b) of this clause shall survive the Conveyance of the said Serviced Apartment and run with the said Serviced Apartment within the meaning of Section 31 of the Transfer of Property Act, 1882.

47. If the Applicant fails to execute all copies of the Serviced Apartment Buyer’s Agreement

and return them thereafter to the Company within 30 days from the date of this communication by the Company, then the Application for allotment shall stand cancelled/terminated at the sole discretion of the Company and the Earnest Money shall stand forfeited to the Company and the Applicant shall be left with no right, interest or claim in the said Application/allotment. No compensation or interest or any costs whatsoever shall be paid by the Company to the Applicant.

48. All or any disputes arising out of or touching upon or in relation to the terms of this Agreement or its termination including the interpretation and validity of the terms hereof and the respective rights and obligations of the Parties shall be settled amicably by mutual discussions failing which the same shall be settled through reference to a sole Arbitrator to be appointed by a resolution of the Board of Directors of the Company, whose decision shall be final and binding upon the Parties. The Applicant hereby confirms that it shall have no objection to the appointment of such sole Arbitrator even if the person so appointed, is an employee or advocate of the Company or is otherwise connected to the Company and the Applicant hereby accepts and agrees this shall not constitute a ground for challenge to the independence or impartiality of the said sole Arbitrator to conduct the arbitration. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory amendments/modifications thereto and shall be held at the Company’s offices or at a location designated by the said sole Arbitrator at Gurgaon. The language of the arbitration proceedings and the Award shall be English. Both the Parties will share the fees of the Arbitrator in equal proportion.

49. That the rights and obligations of the Parties under or arising out of this Agreement shall

be construed and enforced in accordance with the laws of India. Subject to the above Arbitration clause, the Courts at Gurgaon and the Punjab & Haryana High Court at Chandigarh alone shall, have the exclusive jurisdiction in all matters arising out

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of/touching and/or concerning this Agreement, to the exclusion of all other locations, regardless of the place of execution or subject matter of this Agreement.

I/We have fully read and understood the above mentioned terms and conditions and agree to abide by the same. I/We understand that the terms and conditions given above are of indicative nature with a view to acquaint me/us with the terms and conditions as comprehensively set out in the Serviced Apartment Buyer’s Agreement which shall supersede the terms and conditions set out in this Application. Date __________________ Place __________________

_______________________ Signature of the Applicant(s)

SCHEDULE 2

KEY INDICATORS FROM THE TERMS AND CONDITIONS OF THE RENTAL POOL AGREEMENT The following terms and conditions of the Rental Pool Agreement are indicative in nature with a view to acquaint the Applicant with some of the key terms and conditions, as will be more comprehensively set out in the proposed Rental Pool Agreement.

1. Definitions

“Annual Statement” shall have the same meaning as set forth in Section 8; “Apartment Act” shall mean the Haryana Apartment Ownership Act, 1983; “Asset Management Fee” shall have the same meaning as set forth in Section 3; “Auditors” shall mean the auditors for the time being of HMC; “Base Management Fee” shall mean a fee equal to {2.5 to 3.0 percent}2 of Gross Revenue payable to the Operator; “Capital Expenditures” means all expenditures of the Hotel Business of a capital nature which are not expensed, as determined in accordance with Generally Accepted Hotel Accounting Principles; “Commencement Date” shall have the same meaning as set forth in Section 4; “Common Facilities” shall mean the following facilities along with related areas which shall be used by occupants of Type ‘A’ Apartments and Type ‘B’ Apartments: (a) Reception lobby (b) Restaurant (c) Library lounge (d) Swimming pool (e) Meeting room(s) (f) Fitness Centre (g) Business Centre Use of the above facilities (except the reception lobby), may attract charges pursuant to the rate card notified by HMC or the Operator from time to time; “Cost Sharing Agreement” shall mean any agreement between the Rental Pool Owners and the owners of the other areas in the Project with respect to sharing of costs for

2As may be negotiated with the Operator

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services supplied to the Project including, without limitation, in respect of employees providing services to the Project; “Daily Fee” shall have the same meaning as set forth in Section 7; “Developer” shall mean M/s Ireo Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at A-11 First floor, Neeti Bagh, New Delhi, India and corporate office at Orchid Centre 5th Floor, Golf Course Road, Sector 53, Gurgaon, 122002, Haryana, India; “Formal Opening of the Hotel Business” shall have the same meaning as set forth in Section 4; “FF&E Reserve Fund” shall mean the Furniture, Fixtures and Equipment reserve fund for the Hotel Business set up as per Section 9;

“Financial Year” shall mean: (i) Firstly, the period from the Commencement Date to the period ending March 31

immediately following the Commencement Date; (ii) Thereafter, each period of twelve month beginning April 1 to March 31 of the

following year; and (iii) Lastly, the final period commencing from April1 up to the termination/expiry of

this Agreement.

“Force Majeure” shall include but not be limited to acts of God, i.e. (a) fire, drought, flood, earthquake, epidemics, natural disasters or deaths or disabilities; (b) explosions or accidents, air crashes and shipwrecks; (c) strikes or lock outs, industrial dispute; (d) war and hostilities of war, riots or civil commotion; (e) non-grant of any approval from any governmental authority or imposition of any adverse condition or obligation in any approvals from any governmental authority, including delay in issuance of the occupation certificate, completion certificate and/or any other approvals/certificate as may be required; (f) the promulgation of or amendment in any law, rule or regulation or the issue of any injunction, court order or direction from any governmental authority that prevents or restricts the HMC/Operator from complying with any or all the terms and conditions as agreed in this Agreement; (g) economic recession; (h) any event or circumstances analogous to the foregoing; “Furniture, Fixtures and Equipment” shall mean all furniture, equipment, fixtures and furnishings necessary for the proper operation of the Hotel Business including, without limitation, telephones and telephone systems, refrigerators, dish washers, microwaves, stoves, kitchen equipment, carpeting, rugs and other floor coverings, draperies, curtains, works of art, pictures, paintings, prints, beds, mattresses, bedspreads, pillows and television sets. Furniture, Fixtures and Equipment shall include the moveables in the Type ‘A’ Apartments and the Common Facilities;

“Generally Accepted Hotel Accounting Principles” shall mean the Uniform System of Accounts for the Lodging Industry, 10th edition, as prepared by the Financial Management Committee of the American Hotel and Lodging Association in conjunction with the Hospitality Financial and Technological Professionals, and shall, unless the Parties otherwise agree, be used for purposes of calculating the Asset Management Fees and the Operator’s Fee, notwithstanding any variations or subsequent editions of the Uniform System of Accounts for the Lodging Industry;

“Gross Operating Profit” shall have the same meaning as set forth in Appendix-A;

“Gross Revenue” shall have the same meaning as set forth in Appendix-A;

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“Guests” shall mean any person who has contracted with the Operator/HMC for the transient or short term occupation of Type ‘A’ Apartments other than the Rental Pool Owners or any person occupying with or in place of the Rental Pool Owners as their non-paying guests or invitees;

“Half Yearly Period” pertaining to each Financial Year shall mean each six months period commencing either from April 1 and ending on September 30 or commencing from October 1 and ending on March 31 of each Financial Year; “HMC” shall have the same meaning as set forth in Section 3; “Hotel Business” shall mean all activities associated with the operation and management of the Type ‘A’ Apartments and Common Facilities; “Hotel Expenses” means all expenses properly incurred in accordance with Generally Accepted Hotel Accounting Principles and the terms and conditions set out in this Agreement in connection with the earning of the Gross Revenue relating to Hotel Business as captured in Appendix-A, including, without limitation: 1. Asset Management Fee; 2. Operator’s Fee (Base Management Fee and Incentive Management Fee); 3. Any amount payable to and in respect of the employees in accordance with this

Agreement or any Cost Sharing Agreement, including hiring costs and expenses, fringe benefits, withholding amounts and costs of termination allocated to the Type ‘A’ Apartments under any Cost Sharing Agreement;

4. Utility costs (heat, light, power, water etc.) and charges; 5. The cost of the operating supplies and expendables; 6. Expenses in connection with the operation, maintenance and repair of the Type ‘A’

Apartments, Common Facilities and related areas and the maintenance and repair of any Furniture, Fixtures and Equipment;

7. The cost of operating the Hotel Business; 8. Travel agent commissions and credit card commissions; 9. Insurance costs; 10. Administrative and general expenses including accounting, audit and allied

expenses, computer software and upgradation costs, etc.; 11. Any amount described in this Agreement as an operating expense of the Hotel

Business; 12. The cost of license fees for operating the Hotel Business and of legal services

required with respect to Hotel Business; 13. Any lease payments; 14. A monthly data management and storage fee payable to HMC for data

management and storage; 15. Sales, marketing and advertising expenses including reservation charges, loyalty

program charges payable to HMC or a 3rd party, as applicable; 16. All taxes and public dues (other than income tax payable by HMC/Operator or

assessed against HMC/Operator with respect to operation of Hotel Business) but excluding all taxes levied or imposed against Rental Pool Owners such as property taxes unless HMC/Operator is required to pay the same;

17. A reasonable provision determined by HMC and/or the Operator in its reasonable discretion for uncollectible account receivables;

But excluding the following: 1. Depreciation and amortization; 2. Capital Expenditures; 3. Any taxes personal to the Rental Pool Owners, including income taxes, property

taxes, capital taxes; and 4. Debt service payments payable by the Rental Pool Owners

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“Incentive Management Fee” shall mean a fee equal to {7.0 to 9.0 percent}3 of Gross Operating Profit payable to the Operator; “Interim Financial Statements” shall have the same meaning as set forth in Section 8; “Non-Peak Season” shall mean those months other than the months comprising the Peak Season; “Operating Bank Accounts” shall mean one or more accounts in the name of HMC and/ or Operator with designated bank(s) in which all funds received from the operation of the Hotel Business will be deposited; “Operator” shall mean such entity which will be appointed from time to time by HMC to operate the Hotel Business; “Operator’s Fee” shall mean the fee payable to the Operator for the services rendered by it under the Operating Agreement and shall mean and include the Base Management Fee and the Incentive Management Fee; “Operating Term” shall have the same meaning as set forth in Section 4; “Owner” shall mean the owner of the Owner’s Apartment; “Owner’s Apartment” shall mean the specific Type ‘A’ Apartment, having a super area of ________ sq. feet, bearing no. ________________________________, along with its allotted Parking Space(s), which is the subject matter of this Agreement; “Owner’s Share” shall have the same meaning as set forth in Section 8; “Parking Space(s)” shall mean the parking space(s) allocated with the Owner’s Apartment; “Peak Season” for any Financial Year shall, unless specified otherwise by HMC, mean the months of October, November, December, January and February (both inclusive); “Project” shall have the same meaning as set forth in Section 2; “RWA” shall mean each of the registered society(ies) comprising of all the owners in the Project or parts thereof to be formed in due course by the Developer pursuant to the provisions of the Apartment Act; “Rental Pool Owners” shall mean all the owners of the Type ‘A’ Apartments collectively. “Security” shall have the same meaning as set forth in Section 13; “Security Holder” shall have the same meaning as set forth in Section 13; “Total Distributable Cashflows” shall have the same meaning as set forth in Section 8; “Transferee” shall have the same meaning as set forth in Section 15; “Type ‘A’ Apartments” shall mean all such apartments in the Project as are booked under the scheme for being made available to HMC for the operation of the Hotel Business in accordance with the provisions of this Agreement, together with the respectively allotted Parking Space(s) and proportionate rights in Common Facilities;

3As may be negotiated with the Operator

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“Type ‘B’ Apartments” shall mean all such serviced apartments in the Project which are not Type ‘A’ Apartments;

2. Project

The Developer is developing a mixed use project comprising of hospitality, retail and entertainment on a 3.94 acre site located at Sector 59, Gurgaon (“Project”). The ground and first floor of the Project has primarily retail and entertainment, and second floor upwards comprises of fully furnished serviced apartments in a combination of Studio, 1 BHK and 2 BHK apartments. The serviced apartments are of two types -Type ‘A’ Apartments and Type ‘B’ Apartments.

3. Management of Hotel Business by HMC & Asset Management Fee The Hotel Business shall be managed by an affiliate/associate of the Developer (“HMC”) which shall have control and discretion in formulating and establishing the overall general and strategic plan with regard to all aspects of the operation of the Hotel Business, including, without limitation, branding, marketing, product development, and day-to-day on–site operations. HMC shall be entitled to receive a fee (“Asset Management Fee”) as compensation for the services rendered in accordance with this Agreement in an amount equal to the greater of (a) 3% (three percent) of the Gross Revenue of the Hotel Business for each Financial Year payable at the beginning of each month for the prior month, or (b) Rs. 5,00,000.00 (Rupees Five Lacs Only) per month indexed with Consumer Price Index (published on the website of the Economic Advisor to the Government of India, Ministry of Commerce and Industry at “http;//eaindustry.nic.in”), payable in monthly installments at the beginning of each succeeding month for the month prior thereto.

4. Operating Term The term of this Agreement shall commence upon the date of signing of this Agreement and the operating term shall commence at the Formal Opening of the Hotel Business (“Commencement Date”), and shall be for an initial period of 15 (fifteen) years from such date. However the operating term may be extended for a further period of 5 (five) years at the sole discretion of HMC. As used in this Agreement, "Operating Term" shall mean and include the initial operating term as aforesaid and any extension thereof. The formal opening of the Hotel Business ("Formal Opening of the Hotel Business ") shall occur on a date to be confirmed by HMC in writing, and in any event only after the following conditions have been fulfilled: (i) the Type ‘A’ Apartments and the Common Facilities have been substantially completed, (ii) the Furniture, Fixtures and Equipment have been substantially installed therein, tested and properly commissioned, (b) all key licenses, permits, and registrations required for the operation of the Hotel Business have been obtained, and (iv) adequate working capital has been furnished by the Rental Pool Owners.

5. Appointment of Operator & Operator’s Fee

HMC will enter into an agreement (“Operating Agreement”) with a hotel operator (“Operator”) for operating and running the Hotel Business (“Operating Agreement”). The Operator shall be entitled to receive a fee (“Operator’s Fee”) (agreed upon between the HMC and the Operator) for rendering the services as well as payment of global marketing, reservation, training and other expenses incurred in performance of its services. Operator’s Fee shall comprise of the Base Management Fee and the Incentive Management Fee.

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Each Rental Pool Owner hereby agrees and acknowledges that the Operator is engaged and retained by HMC and that the Rental Pool Owners/RWA shall not have any recourse against the Operator nor any right of control over the method, manner or means by which the Operator performs its services. Any complaints/ issues raised by the Rental Pool Owner’s or the RWA to the HMC shall be shared and deliberated by HMC with the Operator to give due consideration and for improvement in services wherever applicable.

6. Facilities & Services

Type ‘A’ Apartments and the Common Facilities shall be managed and serviced by HMC/ the Operator.

In addition, HMC/the Operator shall also provide following services as expected from a professional hotel operator on a chargeable basis pursuant to a rate card as decided by HMC/the Operator from time to time:

(i) Laundry Services (ii) House-keeping (iii) Communications (iv) Other like services

7. Use and Occupation by the Owner The Owner has the right to use and occupy the Owner’s Apartment free of

accommodation charges for 14 (fourteen) room nights during Peak Season or 21 (twenty one) room nights during Non-Peak Season or a pro-rata combination thereof. However, the Owner shall be liable for payment of the incidental charges at standard rates for the period of his use and occupation of the Owner’s Apartment for the following:

1. Long distance calls; 2. Movie rentals; 3. Vending machine charges 4. Purchase of other goods and services offered by HMC/ Operator.

In addition to the afore-said amounts, HMC will charge for each room night that the Owner’s Apartment is used by the Owner or his guest, a fee for daily towel and housekeeping service at the applicable rate as decided by HMC or the Operator from time to time (“Daily Fee”). Any additional services required by the Owner shall be at an additional cost as determined by HMC/ Operator. The Owner and its non-paying invitee/s shall also be liable for payment of taxes like Service Tax/VAT etc. wherever applicable.

8. Total Distributable Cashflows & Owner’s Share

“Total Distributable Cashflows” shall be the free cashflows available with HMC from the Gross Revenue received by it less all expenses and reserves of the Hotel Business and shall be derived specifically in the manner set out in Appendix-A. The Owner represents that it has read through and understood the methodology set out therein. “Owner’s Share” shall be the prorated share of the Total Distributable Cashflows payable to the Owner and shall be derived in the manner set out in Appendix-B. HMC shall make payment to the Owner of the Owner’s Share for each Half Yearly Period.

(a) For each Half Yearly Period during the Operating Term, HMC will prepare or cause to be prepared reasonably detailed interim financial statements for the Hotel Business (the

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“Interim Financial Statements”), prepared in accordance with Generally Accepted Hotel Accounting Principles.

Within a month following the end of each Half Yearly Period during the Operating Term, HMC will mail to the Rental Pool Owners the Interim Financial Statement in a format similar to Appendix-A along with Owner’s Share.

(b) within ninety (90) days after the end of each Financial Year, HMC agrees to cause to be prepared and mailed to all of the Rental Pool Owners, audited financial statements for the Hotel Business in accordance with Generally Accepted Hotel Accounting Principles ( “Annual Statement”). The Annual Statement will be audited by the Auditors and the cost of audit will be a Hotel Expense.

(c) Should there be a dispute as to the Owner’s Share due to the Owner, a certificate issued

by the Auditors stating the amount due to the Owner shall be conclusive proof of the amount due and shall be final and binding on the Owner and HMC.

9. FF& E Reserve Fund

HMC shall establish an FF & E Reserve Fund, which will be utilized in accordance with budgets prepared from time to time and will be for an amount equal to: (i) For Year 1 and Year 2 of the Operating Term it shall be equal to 2% (two

percent) of Gross Revenue;

(ii) For Year 3 of the Operating Term it shall be equal to 3% (three percent) of Gross Revenue; and

(iii) For Year 4 and onwards it shall be equal to 4% (four percent) of Gross Revenue HMC shall maintain a separate banking account into which all such reserved funds shall be placed and out of which such reserved funds shall be disbursed and in so doing HMC shall maintain an accurate record of the flow of funds in and out of such account.

10. Shortfalls

If at any time the funds in the Operating Bank Accounts are not sufficient to pay any Hotel Expenses, Capital Expenditures or other amounts payable under this Agreement whenever these are due, then HMC may require the Rental Pool Owners to pay the proportionate amount of the shortfall estimated by HMC, by mailing to the Rental Pool Owners a written notice setting out their proportionate share thereof.

Should there be an excess of expenditure over income in any Financial Year of the operation of the Hotel Business, HMC shall be entitled to request the Rental Pool Owners to contribute to such operating loss in proportion to their share over the relevant period, and the Owner hereby agrees to meet such obligation within 10 (ten) days of written request from HMC, failing which interest at the State Bank of India PLR + 5% on the unpaid amount will accrue from date of request to date of payment.

11. Payment of Owner’s Apartment Expenses by Owner

The Owner will promptly pay when due all taxes personal to the Owner in respect of the Owner’s Apartment, including real property taxes, income taxes, capital taxes and goods and services taxes and all amounts owing under any financing of the Owner’s Apartment and all of the expenses in respect of or relating to the Owner’s Apartment. Although HMC is not obligated to pay such expenses, but if served with any notice, HMC may pay the costs directly on behalf of the Owner and deduct the same (along with interest) from the Owner’s Share.

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12. Sale of Owner’s Apartment by Owner If at any time the Owner wishes to sell or otherwise directly or indirectly dispose of the Owner’s Apartment or any interest therein to any person (“Transferee”), prior to entering into any contract or agreement with any Transferee, the Owner will (i) notify HMC of the intended sale, lease or other disposition, (ii) notify the proposed Transferee of the existence and substance of this Agreement and the fact that the ownership and use of the Owner’s Apartment is subject to the rights of HMC, the Guests and the Hotel Business pursuant to this Agreement, (iii) notify the proposed Transferee of any bookings of the Owner’s Apartment, (iv) provide the proposed Transferee with a true copy of this Agreement, and (v) notify the proposed Transferee of its right to obtain from HMC the Annual Statements and the Interim Financial Statements. The proposed Transferee shall enter into an assignment and assumption agreement to fully assume and to be bound by this Agreement insofar as it relates to the Owner’s Apartment.

13. Financing of the Owner’s Apartment If title to the Owner’s Apartment is at the time to be subject to any lien, mortgage, assignment of rents or other security registered or to be registered by the Owner against title of the Owner’s Apartment, including the renewals, modifications, replacements or extensions thereof (collectively called the “Security”), then prior to granting the Security, the Owner will notify the proposed holder of such Security (the “Security Holder”) of the existence and substance of this Agreement and the fact that the ownership and use of the Owner’s Apartment is subject to the rights of HMC, the Guests and the Hotel Business pursuant to this Agreement and the Owner will provide the Security Holder with a true copy of this Agreement; and prior to granting the Security, the Owner will obtain a non-disturbance agreement from such Security Holder.

14. Apartment Act & RWA The Owner shall abide by the provisions of the Apartment Act. It shall become a member of the RWA as and when it would be formed by the Developer on behalf of all the property owners in the Project or such part thereof as constituted by the Developer.

15. NRI/PIO/ FNIO/ OCI

In the event that the Owner is a Non-Resident Indian (NRI), Person of Indian Origin (PIO), Foreign National of Indian Origin (FNIO), Overseas Citizen of India (OCI) or is otherwise bound to comply with the provisions of the Foreign Exchange Management Act, 1999 (or any substitute or derivatives thereof) or with any of the rules and regulations of the Reserve Bank of India or compliance under any other applicable law, governing the actions of the Owner including those for the remittance of payments into and out of India or for acquisition, sale, transfer of immovable property, then the Owner shall provide HMC with such permissions, approvals, consents, no objection certificates, etc., as would enable HMC to lawfully carry out its obligations under this Agreement. The Owner shall have the sole responsibility to duly fulfill at all times, all or any of the said compliances and to furnish suitable certifications/consents/permissions thereof to HMC and HMC accepts no responsibility in this regard. The Owner agrees that in the event of any failure on its part to comply with the applicable guidelines issued by the Reserve Bank of India or under applicable law, then the Owner shall alone be liable for any consequences thereunder. The Owner hereby agrees to keep HMC fully indemnified, saved and harmless in this regard.

16. Assignment HMC may assign its rights and obligations under this Agreement or assign, lease or license the whole or any part of its interest in the Hotel Business and/or the Project to any person or entity and take all such actions in consequence thereof without the prior consent of the Rental Pool Owners/ RWA.

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17. Indemnity

Each Rental Pool Owner agrees: (a) to indemnify and hold HMC and the Operator, their affiliates, and their agents and

employees, saved, indemnified and harmless from any liability for injury to persons or damage to property by reason of any cause whatsoever, either in and about the Project or elsewhere, arising out of or in any way related to the Type ‘A’ Apartments/ Hotel Business or the performance of this Agreement by HMC and/or the Operating Agreement by the Operator, their affiliates, and their agents and employees, irrespective of whether negligence on the part of HMC and/or the Operator, their affiliates, or their agents and employees is alleged;

(b) to reimburse HMC and/or the Operator and their affiliates upon demand for any money or other property which any such entity is required to pay out for any reason whatsoever in connection with the Hotel Business or the performance by HMC and/or the Operator of their obligations under this Agreement and/or the Operating Agreement, whether the payment is for operating expenses or any other charges incurred by HMC, the Operator, or any other party, or judgments, settlements, or expenses in defense of any claim, civil or criminal action, proceeding, charge, or prosecution made, instituted or maintained against HMC, the Operator, their affiliates, their agents and employees, or owners, jointly or severally, affecting or because of the condition or use of the Type ‘A’ Apartments and Common Facilities, or acts or failure to act of HMC and/or the Operator, their affiliates, and their agents and employees, or employees or agents of Rental Pool Owners/ RWA, or arising out of or based upon any law, regulation, requirement, contract or award relating to the hours of employment, working conditions, wages and/or compensation of employees or former employees, or any other cause in connection with the operation of the Hotel Business; and

(c) to defend promptly and diligently, at the Rental Pool Owner’s expense, any claim, action or proceeding brought against HMC, the Operator, their affiliates, and their agents and employees, jointly or severally, arising out of or connected with any of the foregoing, and to hold harmless and fully indemnify HMC, the Operator, their affiliates and their agents and employees, from any judgment, loss or settlement on account thereof, regardless of the jurisdiction in which any such claims, actions or proceedings may be brought.

18. Termination HMC may terminate this Agreement at any time upon 60 (sixty) days written notice to

the Rental Pool Owners on the following events:

(a) in the event the Rental Pool Owners fail to make or authorize HMC to make (at the sole cost and expense of Rental Pool Owners) Capital Expenditures without which in the considered opinion of HMC, the Hotel Business cannot be operated as premium serviced apartments;

(b) in the event of non-payment by Rental Pool Owners, of any demand raised by

HMC, including working capital contribution, that in the considered opinion of HMC/the Operator impacts the ability of HMC/ the Operator to operate the Hotel Business as premium serviced apartments;

(c) in pursuance to a Force Majeure Event; (d) in the event of actual or threatened litigation, or alike, HMC in its sole discretion,

determines that the rendering of services has become unviable;

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(e) in the event HMC, in its sole discretion, determines that the Hotel Business is no longer viable.

This Agreement can only be terminated as per the provisions contained herein. Any termination contrary to the provisions of this Agreement shall be void.

19. Dispute Resolution

The Parties shall first endeavor to settle all dispute(s) and differences amicably. In the event they are not resolved amicably, the same shall be referred to a sole arbitrator to be appointed by Board of Directors of HMC. The arbitration proceedings shall be held as per the provisions of the [Indian] Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereto for the time being in force. The language of arbitration shall be English. The arbitration proceedings shall be held in the National Capital Region of India, at a location of the choice of the arbitrator so appointed.

Nothing shall preclude a Party to this Agreement from seeking interim or injunctive relief or both, from the court having competent jurisdiction to grant the same.

20. Governing Law and Jurisdiction

(i) This Agreement shall be governed and interpreted pursuant to the laws of India.

(ii) Subject to Section 19 (“Settlement of Disputes”), only the courts at Gurgaon, Haryana, India and the High Court of Punjab and Haryana at Chandigarh, India, shall have exclusive jurisdiction on the matters pertaining to this Agreement.

APPENDIX – A Proforma Statement and Working for Total Distributable Cashflows

S.No. Description 1.0 Gross Revenue:

Type ‘A’ Apartments’ Revenue Food & Beverage Revenue Minor Operated Departments’ Revenue Total Gross Revenue

2.0 Departmental Profits: Type ‘A’ Apartments’ Revenue Less: Direct Costs and Other Related Departmental Expenses Less: Payroll Cost

2.1 Type ‘A’ Apartments Departmental Profits (A) Food & Beverage Revenue Less: Cost of Food and Beverages and Other Direct Expenses Less: Payroll Cost

2.2 Food & Beverage Departmental Profits (B) Minor Operated Departments’ Revenue Less: Direct Costs and Other Related Expenses Less: Payroll Cost

2.3Minor Operated Departments’ Profits (C) Total Departments’ Profits (D = A+B+C)

3.0 Undistributed Operating Expenses: 3.1 Administrative & General Expenses

- Payroll Cost - Audit and Miscellaneous Expenses - Other Related Expenses

3.2 Marketing - Payroll Cost

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- Other Related Expenses 3.3 Operations & Maintenance Expenses

- Heat, Light & Power - Maintenance Expenses - Payroll Cost - Insurance costs - Other Related Expenses

3.4 Base Management Fee Total Undistributed Operating Expenses (E)

4.0 Gross Operating Profit (F = D-E) 5.0 Fee, Taxes and Reserves:

- Incentive Management Fee - Furniture, Fixtures & Equipment (FF&E) Reserve - Asset Management Fee - Property taxes (if applicable) - Other taxes (if applicable) Total Fee, Taxes and Reserves (G)

6.0 Rental Pool Owner's Share of Profit (H = F-G) 7.0 Working Capital Adjustment (Add/Less): (I) 8.0 Total Distributable Cashflows (J = H+I)

APPENDIX –B Derivation of Owner’s Share

Owner’s Share = Total Distributable Cashflows (J)

X Owner’s Apartment Saleable Area Total Saleable Area

(Forming Part of Type’A’ Apartments)