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CONSTRUCTION AGREEMENT

This CONSTRUCTION AGREEMENT shall be executed at Chengalpet, on this the day of

_________________________________ : BETWEEN

M/s. ASHIANA HOUSING LTD. [PAN: AADCA9093P], a Company incorporated under the Companies Act, 1956, [CIN No. L70109WB1986PLC040864], having its Registered Office at 5F, Everest, 46 /C, Chowringhee Road, Kolkata, West Bengal and Local Office at No.10, First Floor, GJ Complex, First Main Road, CIT Nagar, Chennai- 600 035, represented by its Authorized Signatory ______________________ , S/o ___________________ aged about ______years ID, PAN ___________ vide Board Resolution dated 01.04.2016 (hereinafter called the "DEVELOPER”) party of the FIRST PART.

For Escapade Real Estate Pvt. Ltd For Ashiana Housing Ltd.

Authorised Signatory Authorised SignatoryBUYER(s) CONFIRMING PARTY DEVELOPER

-2 -AND

M/s ESCAPADE REAL ESTATE PVT. LTD. [PAN: AABCE7454J], a Company incorporated under the Companies Act, 1956, [CIN No. U70101TN2007PTC062236], having its Registered Office at No. 3, Ganapathy Colony, 3rd Street, Off Cenotaph Road, Teynampet, Chennai- 600018 represented by its Authorised Signatory ______________ S/o ___________________, (PAN_______________________), aged about _____ years vide board resolution dated _______________(hereinafter called the "CONFIRMING PARTY”) party of the SECOND PART"

Mr______________________, S/o Mr.______________, aged about _____ years, Pan No. _______________, jointly with Mr_____________, S/o Mr. _____________ aged about _____ years, Pan No.__________, both residents of __________________; hereinafter referred to as the BUYER(S) of the THIRD PART.

(The Developer, Confirming Party and Buyer/s shall be individually referred to as "Party" and collectively as "Parties")WHEREASA. The Confirming Party is the Owner of the land parcel admeasuring 45 acres and 05

½ cents under various survey numbers situated at Sengundram Village, Govindapuram Hamlet, Maraimalai Nagar Municipal Limit, Chengalpet, Taluk, Kancheepuram District, Tamil Nadu (hereinafter referred to as the Entire Land) more particularly described in Part I of Schedule A, having acquired the same from Mr. S. Devaraj and 72 others, vide a Deed of Sale dated 07/05/2007 registered as Doc.No.6596/2007, on the file of the Joint-II Sub-Registrar, Chengalpet, Tamil Nadu.

B. The Confirming Party has taken approvals as per requirement of the applicable law(s) from the Director, Town and Country Planning, Chennai, Tamil Nadu (hereinafter referred to as "DTCP") for developing the Entire Land.

C. The Confirming Party, as contemplated in the norms of Town and Country Planning Department, has released and relinquished a portion of the land measuring 16088.63 sq mtr and 5651.02 Sq. mt. for road and 18260.76 Sq. mt towards open space reservation area from the Entire Land in favour of Maraimalai Nagar Municipality Chengalpet vide 2 (two) gift deeds as per Development Rules and the same were registered as Document No.4449/ 2008 and 5026/ 2013 respectively in the Office of the Joint-II Sub-Registrar, Chengalpet.

D. The Confirming Party is developing/has developed a portion of the Entire Land as a residential group housing project consisting of Villas and plots under the name of Villa Viviana.

E. The Confirming Party has bestowed the Development Rights over the remaining portion of the Entire Land in favour of the Developer and has nominated, constituted and appointed the Developer as its attorney in its name and on its behalf to do, execute, perform or cause to be done, execute and perform from time to time, at its sole discretion all or any of the acts, deeds, matters or things in relation to the



-3 -Project for the marketing, selling, development and construction on the remaining portion of Entire Land measuring 20 acres and 20 cents (hereinafter referred to as the Project Land) more particularly described in Part II of Schedule A on the terms and conditions as enumerated in the Power of Attorney dated 3rd December, 2014. The said Power of Attorney (hereinafter referred to as the POA) has been duly registered as Doc.No.14815/ 2014 Book [1] on the file of Joint-II Sub-Registrar, Chengalpet, and is currently valid and in force.

F. In furtherance of rights vested in the Developer by virtue of the aforesaid POA, the Developer has proposed to develop group housing projects on the Project Land and initially proposed for a senior living project under the name and style of "Ashiana Shubham" on one portion of the Project Land i.e Phase I Land comprising of several Units, Parking facility etc. to be developed in a phased manner.

G. Both the Developer and the Confirming Party obtained planning permit from the Commissioner, Maraimalai Nagar, Municipality, Maraimalai Nagar vide its letter bearing no. 413/2015 dated 6th November 2015 for one portion of the Project Land for development of a group housing project.

H. Ashiana Shubham is a theme based senior living project to cater to the needs of a particular category of the society and therefore the Confirming Party and the Developer have derived the following special terms and conditions ("Senior Living Scheme") to be mandatorily complied with by the Buyer(s) at all times:

(i) The person living or the resident or the spouse of the said resident(s) should be at-least 55 years in age at the time of occupancy;

(ii) The resident and his spouse do not suffer from any contagious disease or alzheimer and are not terminally ill or of unsound mind at the time of admission or occupation of the Unit;

(iii) On allotment and possession of the Unit the Buyer(s) shall be at liberty to let out or grantlease/rent/license of the Unit to anyone who fulfils the conditions mentioned in Clauses (i) and (ii) above;

(iv) The children/grand-children or other relatives or friends below the age of 55 years may stay with the resident or his spouse or the tenant or the licensee, as the case may be, for a period of short duration/stay as decided from time to time in consultation with Senior Living Community Council. However unmarried/widowed daughter can stay with the resident on a permanent basis.

I. The Buyer(s) prior to the execution hereof has perused and has taken inspection of the documents and has otherwise satisfied himself about the right, title and interest of the Developer to plan, construct and sell the aforesaid residential Project for senior living over the portion of the Project Land and is also aware of the fact that the Developer and/ or Confirming Party have entered and /or is entering into separate Construction Agreement with several other persons and/or parties who are interested in acquiring the proposed Units/ flats, Parking facility etc.

J. The Developer has launched the first phase of the Project over the land to the extent of 11135.4 Sq.mtr (119860 Sq.ft) (hereinafter referred to as Phase I Land) comprised



-4 -in S.Nos.389/4A, 389/4D1 Pt, 394/5A & 8B2 Pt, 394/5B Pt , 394/8A Pt, 394/8B1 Pt, 394/9, 394/10A, 394/10B, 394/11A, 394/11B,394/12, 394 /14A Pt, 394/14B1, 394/14B2, 394/14B3A, 394/14B3B of Sengundram Village, Govindapuram Hamlet, Maraimalai Nagar Municipal Limit, Chengalpet, Taluk, Kancheepuram District, and more particularly described in Part III of the Schedule A and the Developer and the Confirming Party shall convey proportionate undivided share of Phase I Land to prospective Buyer(s) of the Units developed/ to be developed on Phase I Land in proportion to the Super Built Up Area of each Unit.

K. The Buyer(s) have also inspected and/or otherwise satisfied himself about the Building Plans and approvals/ sanctions required to obtain for developing a residential project, obtained by the Developer and the Confirming Party is desirous of acquiring a Unit / flat along with a Parking facility in the said Project more fully described in the Schedule B hereto upon the terms and conditions hereinafter mentioned.

L. The Buyer(s) have performed all necessary due diligence of the Entire Land including but not limited to the Project Land/ Phase I Land and has fully satisfied himself/ herself/themselves about the rights, interest and title of the Developer and the Confirming Party in the Project and the Project Land/ Phase I

Land as well as the right to develop, sell and market the undivided share/units/buildings in the Project as per the prevailing bye-laws/ guidelines of DTCP, Tamil Nadu and/ or any other government authority and the Buyer(s) have understood all limitations, restrictions and obligations in respect thereof. The Buyer(s) assure the Developer that the investigations by the Buyer(s) are complete and the Buyer(s) are fully satisfied that the Developer is competent to enter into this Construction Agreement. The Buyer(s) further agrees to abide by the terms and conditions of the Construction Agreement and all the permissions, sanctions, directions etc. issued/to be issued by the governmental/competent authority(ies) in this regard from time to time.

M. The Developer and the Confirming party have informed the Buyer(s) that according to the market practice in Chennai, Tamil Nadu and as per the prevailing laws in the state of Tamil Nadu any person desirous of owning a Unit in the Project is required to enter into an Agreement for un-divided share in land ('UDS') and a Construction Agreement separately with the Developer and / or Confirming Party. Further the Buyer(s) are also required to execute and get Construction Agreement and Sale deed for proportionate undivided share in land registered as and when called upon by the Developer and / or Confirming Party to do so.

N. The Buyer(s) agrees to comply with all the terms and conditions of this Agreement in general and the terms and conditions as contained in Paragraph H of this Agreement in particular during his occupation. Furthermore, the Buyer(s) also acknowledges that in the event of his default in complying with the aforesaid requirements, including but not limited to all those set out hereinabove in Paragraph H, the Buyer(s) is/ are aware that the agency appointed for the operation and



-5 -management of the Project and /or Resident Welfare Association shall be entitled to initiate necessary recourse.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:1.0 DEFINITIONS: In this Construction Agreement unless it is contrary or repugnant to the context shall mean and include:

1.1 "ARCHITECT" shall mean. M/s.Sen & Lall Consultants Pvt. Ltd., Patna and/or such other person or persons and/or firm or firms and/or company or companies whom the Developer may appoint from time to time as the architect for the said Project.

1.2 "AUTHORITY" shall mean Chennai Metropolitan Development Authority ("CMDA") and/or Director Town and Country Planning ("DTCP"), Government of Tamil Nadu.

1.3 "AGREEMENT FOR UNDIVIDED SHARE IN LAND" or "Agreement to Sale" shall mean the agreement executed between Developer, the Confirming Party and the Buyer(s) for undivided share in Phase I Land.

1.4 "BUYER(S)" shall mean and include:

(a) If the Buyer(s) be an individual then his/her heirs, executors, administrators, legal representatives, successors and permitted assigns;

(b) If the Buyer(s) be a Hindu Undivided Family, then its karta and member(s) for the time being, their survivors and respective heirs, executors, administrators, legal representatives and permitted assigns;

(c) In case the Buyer(s) be a Partnership Firm, then its partners for the time being, their respective heirs and executors, administrators, legal representatives and permitted assigns; and

(d) In case the Buyer(s) be a limited company, then its successor or successors-in-interest and permitted assigns;

1.5 "BUILDING" shall mean the building in which the Buyer(s) have his/her Unit and/or Units.

1.6 "COMMON AREAS AND FACILITIES" shall mean such common areas and facilities within the said Building and/ or Said Project earmarked for common use of all the Buyer(s).

1.7 "CONFIRMING PARTY" shall mean M/s Escapade Real Estate Pvt. Ltd. having its Registered Office at No.3, Ganapathy Colony, 3rd Street, Off Cenotaph Road, Teynampet, Chennai- 600018 and its promoters and also its directors, executors, successors and/or successors-in-interest, permitted assigns, representatives and nominee or nominees.

1.8 DEVELOPER" shall mean the Developer above-named and also its directors, executors, successors and/or successors-in-interest, permitted assigns, representatives and nominee or nominees.



-6 -1.9 "ENTIRE LAND" shall mean the land admeasuring 45 acres and 05½ cents more

particularly described in Part I of Schedule 'A' annexed herewith.

1.10 "HE OR HIS" shall also mean either she or her in case the Buyer(s) is a female or it or its in case the Buyer(s) is a partnership firm or a company.

1.11 "INFRASTRUCTURE AND BASIC AMENITIES CHARGES" shall mean the infrastructure and basic amenities charges levied by Tamil Nadu Government on Ashiana Shubham while approving Building Plans of the Project.

1.12 "LIMITED COMMON AREAS" shall mean the areas and facilities reserved for use of certain unit or units to the exclusion of other units.

1.13 “MAINTENANCE AGENCY” means Ashiana Maintenance Services LLP, a Limited Liability Partnership incorporated under Limited Laibility Partnership Act 2008, having its registered office at 5F, Everest, 46/C, Chowringhee Road, Kolkata -700071 or such other person as may be appointed in place and stead of Ashiana Maintenance Services LLP in terms of the Maintenance Agreement.

1.14 "OPERATION AND MANAGEMENT AGREEMENT" means a tripartite agreement to be executed by and among the Developer, the Buyer(s) and the management Agency for Operation and Management of the Project.

1.15 "PARKING FACILITY" shall mean the open parking facility reserved on the Phase I Land or in the Building for parking a car and/or a scooter.

1.16 "PROJECT LAND" shall mean the portion of Entire Land admeasuring 20 acres & 20 cents more particularly described in Part II of Schedule 'A' annexed herewith.

1.17 "PHASE I LAND" shall mean the portion of Project Land admeasuring 11135.4 Sq.mtr (119860.4 Sq.ft) more particularly described in Part III of Schedule 'A" annexed herewith.

1.18 "PROJECT" shall mean housing Project known as "Ashiana Shubham" to be developed on the Phase I Land comprising of all the Units/ flats, Parking facility, etc. constructed / to be constructed in several buildings on the Phase I Land.

1.19 "THE BUILDING PLAN" shall mean the plans and designs of buildings constructed/ to be constructed on the Project Land which has been duly approved/ to be approved by the authority including any variations therein which may subsequently be made by the Developer and/or Architect(s).

1.20 "UNDIVIDED SHARE IN LAND" shall mean the undivided share, right, title and interest in the Phase I Land and as described in Part IV of schedule A.

1.21 "UNIT" shall mean the flat to be constructed and as explained and detailed in the Schedule "B" of this Construction Agreement.

2.0 THE PROJECT

2.1The Developer shall develop and construct a theme based Senior Living Project comprising of several



-7 -Units, parking facilities and other common facilities in accordance with the master plan/layout plan /map/ drawings sanctioned by the competent authority(ies) under the name and style of Ashiana Shubham with following special terms and conditions to be mandatorily complied with by the Buyer(s) at all times:

(i) The person living or resident or the spouse of the said resident(s) should be atleast 55 years in age at the time of occupancy;

(ii) The resident and his spouse do not suffer from any contagious disease or alzheimer and are not terminally ill or of unsound mind at the time of admission or occupation of the Unit;

(iii) On allotment and possession of the Unit the Buyer(s) shall be at liberty to let out or grant lease/rent/license of the Unit to anyone who fulfils the conditions mentioned in Clauses (i) and (ii) above;

(iv) The children/grand-children or other relatives or friends below the age of 55 years may stay with the resident or his spouse or the tenant or the licensee, as the case may be, for a period of short duration/stay as decided from time to time in consultation with Senior Living Community Council. However unmarried/widowed daughter can stay with the resident on a permanent basis.

3.0 DETAILS OF THE SAID UNIT AND PAYMENT TERMS

3.1 The Buyer(s) agrees that the Developer shall construct and deliver to the Buyer(s), a unit on the undivided share of land in the said Project proposed to be constructed by the Developer on the Project Land hereunder at or for a consideration as mentioned in Part I of the Schedule "C" hereunder written. That in addition to the above payments, the Buyer(s) shall also be liable to pay other charges viz. interest, penalty charges, etc. detailed in this Construction Agreement all of which are distinct and separate from the consideration amount and other amounts recorded in Part-I of the Schedule "C" of this Construction Agreement.

3.2 The said total consideration for construction shall be paid by the Buyer(s) to the Developer alone as and in the manner set out in Part II of the Schedule "C" hereunder written. The Buyer(s) is/ are aware that the cost of construction and other amounts would be variable from person to person and the Developer would be entitled to at its sole discretion to arrive at the cost of construction and the Buyer(s) undertakes and agrees not to question such pricing of the undivided shares in the Part I of Schedule A or the Unit.

3.3 The said consideration has been calculated on the basis of Super Built-up Area as detailed in Part I of the Schedule "C" hereunder written. In case any difference is found in the area at the time of taking final measurement after completion of the Building, the difference in consideration amount shall be adjusted accordingly. The decision and certificate of the Architect with regard to measurement shall be final and binding on both the Buyer(s) and the Developer. Notwithstanding the above and for avoidance of doubt, it is clarified that it is only the inside space in the "Unit" that has been agreed to be sold and the inclusion of the common areas in the computation does not give any proprietary interest/ right therein to the Buyer(s).



-8 -3.4The Buyer(s) agrees that he has read, understood and agrees to the definition of Super Built Up

Area/Saleable Area and that he has no objection to the same and the Buyer(s) have assured the

Developer that after having agreed to the definition of Super Built Up Area / Saleable Area as the basis for payment of price of the Unit and he shall not raise any dispute or make any claims etc. at a later date in this regard.

3.5 The total consideration for construction shall be subject to escalation so as to cover the increase in costs of material and labour during the period of construction.However such escalation shall be subject to the maximum of 10% of the cost of construction of the said Unit.

3.6 The Buyer(s) agrees that the payments of all statutory charges like Infrastructure and Basic Amenities

Charges (IBAC) etc. levied / leviable or any increase thereof by Director, Town and Country Planning, Chennai (DTCP) or any other government and local authority shall always be solely to the account of the Buyer(s), to be borne and paid by the Buyer(s) in proportion of the Super Built-Up Area/ Saleable Area of the Said Unit to the total Super Built-Up Area/ Saleable Area of all the Units in the Said Project. The said charges (if any) shall be payable by the Buyer(s) and all the other Buyer(s) to the Developer as and when demanded. The Buyer(s) agrees not to delay, or withhold or postpone the payments due for any reason whatsoever and in the event of the Buyer(s) delaying, withholding or defaulting the payments any consequential sufferance or damages shall be at the risk and cost of the Buyer(s).

4.0 TIME IS ESSENCE

4.1 The time is the essence with respect to the Buyer(s)'s obligations to pay the consideration as provided in Part I of the Schedule "C along with other payments such as applicable stamp duty, registration fee and other charges stipulated under this Construction Agreement to be paid on or before due date or as and when demanded by the Developer.

4.2 The Developer has further informed the Buyer(s) and the Buyer(s) is/ are fully aware that the default in payment of due/ balance amount would affect construction of the entire Project as envisaged, as there are other Buyer(s) who have joined, and will from time to time join, the Scheme of purchase and construction of Unit and delay in payment by the Buyer(s) shall effect the whole Project.

4.3 Any breach of any of the terms of this Agreement or any default by the Buyer(s) in payment of the consideration or any installment thereof on the due dates, for whatsoever reasons shall be construed as the breach of this Agreement committed by the Buyer(s) and without prejudice to any other rights of the Developer, the Developer may at their discretion/option, cancel this Agreement as per the terms of this Agreement.

4.4 The Buyer(s) shall make timely payment of all amounts under this Construction Agreement whether demanded or not by the Developer. In default of payment of any



-9 -amount in time, the Buyer(s) shall be liable to pay an interest at the rate of 18% per annum compounded every month on all the amounts which become due and payable by the Buyer(s) to the Developer under the terms of this Construction Agreement. It is specifically agreed that time for payment of the consideration amount by the Buyer(s) to the Developer as set out in Part II of the Schedule "C" hereunder written, shall be the essence of this Construction Agreement. Provided further that any amount made by the Buyer(s) to the Developer shall be first appropriated towards interest, if any, and the balance towards the principal amount. Such adjustment / appropriation of payments shall be done at the discretion of the Developer and the Buyer(s) undertakes not to object, protest or direct the Developer to adjust his payments in any manner otherwise than as decided by the Developer in its sole discretion. The Buyer(s) expressly waives requirement(s) if any of service of any notice of such appropriation.

4.5 The right of the Developer to receive interest as aforesaid shall not entitle the Buyer(s) to delay the payment of any installment on its due date under this Construction Agreement nor shall it amount to or

be construed as a waiver on the part of the Developer of any of its rights, remedies and privileges in case of default amount towards the installment amount in the agreed manner by the Buyer(s).

4.6 For all payments, the date of clearance of the demand draft/pay order/cheque shall be taken as the date of payment. The dishonor of the demand draft/pay order/cheque for any reason, shall entitle the Developer to charge from the Buyer(s) the cheque bouncing charges along with an additional amount of Rs.1,000/- towards administrative handling charges.

4.7 In the event the Buyer(s) not clearing all his dues along with interest @ 18% per annum within 60 days from the date, the said amount become payable and/or committing default in payment on due date under this Construction Agreement twice and/or on the Buyer(s) committing breach of any of the terms and conditions herein-contained, the Developer shall be entitled at its own option to cancel and terminate this Construction Agreement as well as the Agreement to Sale in which event all rights, title and interest of the Buyer(s) accrued over the said Unit and undivided share of land shall stand extinguished and the Buyer(s) shall have no further right, title and interest over the said Unit and undivided share of land and the Developer shall be entitled to transfer the said Unit and undivided share of land to any other person at the risk and cost of the Buyer(s). The Developer apart from interest @ 18% per annum on all delayed payments, shall also be entitled to liquidated damages of 10% of the total cost of construction of Unit from the Buyer(s) on the date of termination of this Construction Agreement. The Developer after making such appropriation shall refund the balance amount to the Buyer(s) within 120 days from the date of such termination. The Buyer(s) shall also be liable for stamp duty if any payable on the deed of cancellation. It is agreed by and between the Parties that the liquidated damages as the aforesaid 10% is just, proper and reasonable.

4.8 If the amount of the liquidated damages under clause 4.7 is more than the amount paid by the Buyer(s) under this Construction Agreement, then, the Developer shall have



-10 -the right to claim and recover the difference between the amounts paid and the balance of the liquidated damages from the Buyer(s).

4.9 On such termination as aforesaid, the Buyer(s) shall have no right, claim or demand of whatsoever nature against the Developer in respect of the said Unit and undivided share of land or otherwise and the Developer shall be entitled to deal with and dispose of the said Unit and undivided share of land to any other party without any consent from or even reference to the Buyer(s). The Buyer(s) shall have no right, claim or demand against the Developer in respect of amount of stamp duty and registration charges incurred while registering this agreement in the name of the Buyer(s).

4.10 The Developer may in its sole discretion, waive its right to terminate this Construction Agreement and enforce all the payments and seek specific performance of this Construction Agreement and the Agreement to Sale. In such a case, the Parties agree that the possession of the Unit will be handed over to the Buyer(s) only upon the payment of all outstanding dues, penalties, interests, litigation costs etc. along with interest by the Buyer(s) to the satisfaction of the Developer under this Construction Agreement.

4.11 The Buyer(s) is/ are aware and has consented that this Construction Agreement is co-extensive and co-terminus with Agreement to Sale for undivided share and termination of this Construction Agreement shall simultaneously terminate the Agreement to Sale executed between the Buyer(s), Developer and Confirming Party.

5.0 BUYER(S) REPRESENTATIONS AND OBLIGATIONS

5.1 The Buyer(s) declares that he is entering into this Construction Agreement after being fully understood,

acquainted and satisfied with the title of the land, Project details, pricing etc, and having full knowledge

of the rules, regulations, applicable laws, his rights, duties, obligations etc. there under. Furthermore, the Buyer(s) acknowledges that the recitals stated above does hereby form a part and parcel of this Construction Agreement.

5.2 The Buyer(s) shall carry out all internal repairs of said Unit agreed to be acquired by him at his cost and maintain it in good condition, state, order and repair and shall observe all the rules and by-laws of the competent authority. The Buyer(s) shall also always keep the Developer indemnified from all losses and payments which the Developer may hereto suffer or have to pay on the Buyer(s)'s behalf at any time in future.

5.3 The Buyer(s) have confirmed and assured the Developer prior to entering into this Construction Agreement that he has read and understood the Tamil Nadu Apartment Ownership Act, 1994, its corresponding Rules and its implications thereof in relation to various provisions of this Construction Agreement and the Buyer(s) have further confirmed that he is in full agreement with the provisions of this Construction Agreement in relation to Tamil Nadu Apartment Ownership Act, 1994 and shall comply with the rule and laws when ever amended and made applicable from time to time with the provisions of any other law(s) dealing in the matter.



-11 -5.4 The Buyer(s) declares and confirms that he shall strictly observe and abide by the

special conditions of the Project "Ashiana Shubham" set out in paragraph H hereinabove and agrees and undertakes not to commit any breach thereof.

5.5 The Buyer(s) agrees and admits that it shall be lawful for the Developer or its nominee or the Management Agency to debar or prohibit entry of the Buyer(s) or any person claiming through the Buyer(s) into Ashiana Shubham including the said Unit in case the Buyer(s) or any person claiming through him does not fulfill the special conditions mentioned in Paragraph H hereinabove.

5.6 The Buyer(s) agrees and undertakes that the Buyer(s) shall not to do or permit to be done, any of the following acts:-

a) to do anything in or about the said Unit which may cause or tend to cause damage to any flooring or ceiling or any part of the said Unit or any apartment above/below or adjacent to said Unit or in any manner interfere with the use thereof or of any open space, passages or amenities available for common use.

b) to enclose any open areas forming a part of the said Unit or carry out any decoration, change or alteration in any portion of the exterior elevation or design of the said Unit. The Buyer(s) undertakes not to raise any construction whether temporary or permanent nature on the rear/ balcony/ lawn/ roof top/ terrace under his use.

c) to make any alterations in any elevations and outside colour scheme of the expressed wall of the verandah, lounge or any external wall, or both the faces of external doors and window of the Unit which in the opinion of Developer differ from the colour scheme of the Project. It is hereby clarified that while the Buyer(s) shall be free to decide on the interiors and the colour scheme thereof, the Buyer(s) shall not change the colour and facade of exterior of the said Unit as specified hereinbefore.

d) to put up any signboard, publicity or advertisement material outside the said Unit or anywhere in the common areas without prior permission of the Developer or their nominees in writing.

e) to cause noise pollution by use of loudspeaker or otherwise and/or throw or accumulate rubbish, dust, rags or garbage etc., anywhere save and except in areas/places specifically earmarked for the purposes in the Project.

f) to do, nor permit or suffer anything to be done in any manner to any part of the Building, the staircase,

lifts, shafts and common passages, compound or in which would expose the Project to any kind of risk

or loss, whether physical, legal or otherwise.g) to demolish, make or cause to be made any additions or alterations or unauthorized

constructions of whatsoever nature to the said Unit or any part thereof, and shall not chisel/drill or in any other manner cause damage to columns, beams, walls, slabs/concrete or other structural support. Further, no damage to the Unit would be caused in any manner and all consideration of safety, fire fighting systems will have to be observed / maintained.

h) store/stock/bring into/keep in the said Unit any goods/ material/ fluid/ chemical/ substance of explosive/hazardous/ combustible / flammable nature or any act which has effect of doing so, either directly or through any of the Buyer(s)'s agents,



-12 -servants, employees, licensees, or visitors, which may cause risk by fire, or which, on account of their nature or particular characteristic, may cause damage to or endanger and/or expose to risk of such damage, to the structure or safety of the Unit or neighboring Units, and/or the assets of the other occupants or the equipments in the Project.

i) to do any act or omission, which may endanger the occupation of the other areas or be a source of nuisance to others.

5.7The Buyer(s) further agrees, acknowledges and undertakes that:a) No immoral, improper, offensive or unlawful use shall be made of the said Unit or

any part of the Project. Further, the said Unit shall not be used in a manner which will be a nuisance or be obnoxious to the other occupants of the Project. The Buyer(s) shall not do any act or omission which will make it difficult for the other Buyer(s) to enjoy and make the best possible use of the Building and the Project.

b) The Buyer(s) shall adhere to and abide by all laws, bye-laws, rules and regulations of any Government having jurisdiction including the provisions of any other laws applicable earlier or made applicable hereafter to the said Unit/ Project and as maybe amended from time to time, and to pay all applicable taxes as may be due in respect of the said Unit and in respect of the Project Land and/or the Project (in proportion to the Super Built Up Area/ Saleable Area of the said Unit).

c) The Buyer(s) shall not use the said Unit for any commercial activities including but not limited to running of tailor shop/boutique, tuitions/coaching centre, beauty parlor, any kind of hobby or vocational classes, PG Accommodations, hostel, guest house etc.

5.8 The Buyer(s) shall at the Buyer(s)'s own cost keep the said Unit in good and tenable condition, and repair and maintain the same properly. The Buyer(s) will ensure that all dirt, garbage and waste is properly transported out in covered cans/bags.

6.0SCHEDULE FOR COMPLETION OF CONSTRUCTION-

6.1 The Developer covenants with the Buyer(s) that the construction of the said Unit shall be completed by May 2018 with a grace period of six months, provided however, that the time for completion shall be deemed to have been extended in the event of non-availability of building materials or delay in receipt of installments of the consideration amount from the Buyer(s) or Buyer(s) of other Units and/or delay due to any reasons beyond the control of the Developer and "Force-Majeure" causes. Force-Majeure" causes shall include Act of God, earthquake, war, terrorism, civil commotion, riot, fire, theft, strike etc.

6.2 The Buyer(s) further agrees and consented that it shall not be necessary to complete the construction of provisions of common amenities etc. at initial stage or at the time of completion of different phases. Completion of construction of theses common amenities may go as long as the completion of the Project Ashiana Shubham and the Buyer(s) shall have no objection to the same. It is agreed further by the Buyer(s) that non-completion or non-operation of any of the common facilities, including but limited to green area, parking facility amongst others, shall not be deemed as delay



-13 -in handing over the possession of the Unit and the Buyer(s) shall take possession of the said Unit even if the common

facilities are not complete or non operational, if the Unit is ready and complete in all respects as per the specifications.

6.3 Save as provided herein, if the Developer is unable to give possession of the said Unit to the Buyer(s) on the above account or on account of any reasonable cause the Buyer(s) shall not be entitled to claim any damages whatsoever, but he shall have an option to surrender/ cancel the Unit and terminate this Construction Agreement as well as the Agreement to Sale and entitled to receive back the entire money paid by him to the Developer towards cost of the construction together with simple interest thereon calculated @ 8% per annum from the date of such payment or payments until the date of repayment. With this payment the Developer will stand discharged from any further obligations under this Construction Agreement.

7.0SCHEDULE FOR POSSESSION OF THE UNIT

7.1 As soon as the construction of the said Unit is completed, the Developer shall notify to the Buyer(s) of the said respective Unit having been completed.

7.2 Within 30 days of the date of notice of readiness given to the Buyer(s) by the Developer, the Buyer(s) shall take possession of the said Unit after making the full payment and/or deposit of all amounts becoming due by the Buyer(s) to the Developer under this Construction Agreement and Agreement to Sale and having complied with all the terms and conditions of this Construction Agreement and not being in default under any of the provisions of this Construction Agreement and Agreement to Sale and further subject to compliance with all the provisions, formalities, registration of this Construction Agreement, registration of sale deed of undivided share, payment of stamp duty and registration charges, documentation, payment of all amount due and payable to the Developer under this Construction Agreement.

7.3 The Buyer(s) shall be deemed to have taken possession of the said Unit on the 30th day of the date of the notice of completion thereof as aforesaid (and such 30th day hereinafter called "the deemed date of possession") irrespective of whether the Buyer(s) takes actual physical possession thereof or notwithstanding that the Developer has held the right of taking possession of the Unit to the Buyer(s) on account of the Buyer(s) failing to pay all pending dues under this Construction Agreement.

7.4After the date of delivery of possession and/or "the deemed date of possession" of the said Unit to the

Buyer(s), whichever be earlier, the same shall be at the risk and responsibility of the Buyer(s) and the Buyer(s) shall be liable to pay Holding Charges @ Rs. 5/- per Sq. Ft. per month to the Developer for the period the Buyer(s) does not take the actual possession of the Unit.

7.5 If the Buyer(s) fails to make full payment as aforesaid within six months of the date of the notice and does not take the possession of the Unit, the Developer shall be entitled to terminate this Construction Agreement and Agreement to Sale and sell the said Unit at the entire risk and cost of the Buyer(s) and the Buyer(s) shall be liable to



-14 -pay full costs, charges and expenses that may be incurred by the Developer in connection with such sale and interest @ 18% per annum stipulated in clause 4.4 above, along with liquidated damage @ 10% as stipulated in clause 4.7 above.

7.6 The Buyer(s) shall be solely responsible and liable for compliance of all the applicable laws including but not limited to Transfer of Property Act, 1882, the provisions of Indian Stamp Act, 1899 (or any modification thereof). The Buyer(s) further undertakes to indemnify and keep and hold the Developer indemnified and harmless against the claims, demands, actions, proceedings, losses, damages, recoveries, judgments, costs, charges and expenses which may be made or brought or commenced against the Developer for non compliance with any provisions of law in respect of the Unit and

7.7 Upon the Buyer(s) paying the entire consideration amounts, deposits (along with interest , if any) penalties, payment towards stamp duty and registration charges etc. due to be paid by him to the Developer under this Construction Agreement and Agreement to Sale are paid to the Developer and the Buyer(s) performs all the terms and conditions and stipulations contained herein to be performed and observed, the Buyer(s) shall be entitled to peacefully hold, possess and enjoy the said Unit without any interruption by any person or persons lawfully or equitably claiming for under or in trust for the Developer.

7.8 After occupation, the Buyer(s) shall use the said Unit only for bonafied personal residential purpose of the Buyer(s) for which the said Unit is being acquired by him.. Provided however, the Buyer(s) will be entitled to give his Unit on lease and license basis only for residential purpose under intimation to the Developer or the Management Agency of Ashiana Shubham according to the terms mentioned in Paragraph H.

7.9 The fittings, fixtures and amenities to be made and provided by the Developer shall generally conform to the specifications detailed in Schedule "D" hereunder or as may be and / or amended by the Architect. It is agreed that after the date of possession and /or the delivery of possession whichever be earlier, the Buyer(s) shall not be entitled to make any claim regarding any item of work, the material used for construction etc. and the Developer shall not be liable for any claim whatsoever for these or for any other such claim or claims.

8.0 PAYMENT OF TAXES & DUTIES

8.1 The Buyer(s) agrees and undertakes to pay to the Developer or its assignee regularly and punctually whether demanded or not at all times his proportionate share of Municipal rates/ Taxes etc., if any, and any other Tax, Impositions etc. that may be levied by the State / Local body from time to time. The role of the Developer or its assignee in this context would be only of collection of aforesaid rates & taxes etc. and deposit the same with the concerned authorities.

8.2 The Buyer(s) agrees and undertakes to pay all applicable taxes such as VAT, Sales Tax, Service Tax, Works Contract Tax etc. as per the prevailing laws on the Construction Agreement. Service Tax on the Cost of Construction shall be payable



-15 -by Buyer(s) as & when demanded by the Developer as per applicable rates. VAT shall be paid on the actual at the time of possession of the Unit.

8.3 Buyer(s) shall be liable to pay from the date of its application house tax/ property tax, fire fighting tax or any other fees, cess or as applicable under law as and when levied by any local authority. These taxes shall be paid by the Buyer(s) irrespective of the fact whether the Operation and Management is carried out by the Developer or its nominee or any other body or association of all or some of the Buyer(s) whether levied retrospectively or prospectively.

9.0 CONVEYANCE AND REGISTRATION

9.1 The Buyer(s) is/ are aware that he/ they is/ are obliged to get register the Construction Agreement and Sale Deed for proportionate Undivided Share of Land with the sub-registrar office in accordance with the laws of the State of Tamil Nadu as and when called upon to do so by the Developer and shall be solely liable to pay the applicable stamp duty, registration fees and other charges.

9.2 The stamp duty, registration charge and other charges if any, applicable at the time of registration of Construction Agreement, and/ or Agreement To Sale, Sale Deed for undivided share, conveyance or conveyances, transfer deeds, etc. in respect of the said Unit shall be borne and paid by the Buyer(s) and that the Developer shall not be liable to contribute anything towards such expenses. Such

expected costs, charges and expenses, shall be payable in advance by the Buyer(s) on demand being made by the Developer in this regard. The Buyer(s) shall be solely responsible for registration of the undivided share with the concerned Registrar / Sub-Registrar as per prevailing laws of the concerned State Government.

10.0 OPERATION AND MANAGEMENT OF ASHIANA SHUBHAM

10.1 The Developer has nominated and /or appointed Ashiana Maintenance Services LLP as the Management Agency for operation, maintenance and management of the common areas and for providing common and essential services in Ashiana Shubham and for organizing activities for the residents in Ashiana Shubham.

10.2 The common and essential services and facilities and different activities at Ashiana Shubham shall be done and maintained in accordance with the Operation and Management Agreement to be executed by the Buyer(s) with the Developer. The Buyer(s) agrees and undertakes to abide by the terms and conditions of the Management Agreement and to pay promptly every month all demands, charges, bills etc. as may be raised by the Management Agency from time to time. The Buyer(s) agrees that as the development of Ashiana Shubham progresses common facilities and services will be implemented in phased manner.

10.3 For the operation of the services and management of the said Project the Buyer(s) agrees to pay the Developer or its assignee, proportionate monthly charges as determined, calculated on per sq. ft. basis on Super Built Up Area by Developer or its Assignee within 10 days of raising the bill by the Management Agency and shall not withhold the same for any reason whatever. In addition the Buyer(s) have to pay the



-16 -Developer or its assignee, charges towards capital repairs/replacements, as determined by the Developer or its assignee once in a month/ year in advance and service tax thereon as per applicable rate. In case of any default in the payment of monthly or yearly charges the Buyer(s) shall be liable to pay interest at the rate of 2% per month on defaulted amount. The Developer or its assignee shall also be at liberty to withdraw utilities and facilities like water supply, Electricity, Generator power, garbage collection etc. till the dues are cleared along with the amount of interest. The Buyer(s) agrees to pay to the Developer or its assignee upfront charges for operation and management for 12 to 18 months as per the rates determined as above at the time of possession.

10.4 For the purpose as detailed in Para 10.1 and 10.3 above, the Buyer(s) agrees to enter into a separate operation and management agreement with the Developer or its assignee which would clearly spell out scope and schedule of Management works, operation of the services and charges for operation and management and charges towards capital repairs and replacements etc.

10.5 In addition the Buyer(s) agrees to pay capital charges (as decided at the time of possession) to the Developer or its assignee along with other Buyer(s) of Ashiana Shubham and such payment shall be made in proportion to the Super Built Up Area/ Saleable Area of his Unit to cover the major capital repairs, replacements, up gradation or additions along with periodical outside painting of Ashiana Shubham. The Buyer(s) agrees and understands that the painting of outside portion and common areas of Ashiana Shubham shall be done at least once in every seven years.

10.6 The Buyer(s) shall from time to time pay such charges / contributions / subscriptions / fees as may be prescribed by the Developer or its nominees in respect of the management, and supervision and servicing of common amenities and facilities and other outgoings payable by the Buyer(s).

10.7 As explained by the Developer and appreciated by the Buyer(s), the Buyer(s) admits, acknowledges and agrees that it is in the interest of all the Buyer(s) of the Project including the Buyer(s) herein that

all payments in respect of Management, common amenities and facilities etc. are paid in time by all Buyer(s) concerned including the Buyer(s) herein. Any defaulting Buyer(s) including the Buyer(s) herein should not be entitled to have the benefit of any such amenities or facilities or services in order to maintain a disciplined and peaceful living environment and atmosphere.

11.0 MANAGEMENT FEE

11.1 The Buyer(s) agrees to pay, at the time of possession, a reducible interest free management deposit to be determined or fixed by the Developer from time to time, to the Developer or its assignee. This deposit shall be calculated on per sq. ft basis on the Super Built Up Area of the Unit as specified in Part I of the Schedule C and shall be valid for fifteen years from the date of possession of the unit and be reduced proportionately on monthly basis.



-17 -11.2 It is expressly agreed and understood that the deposit made by the Buyer(s) on

account of management fee is limited to the Buyer(s) or his heirs on succession and the benefit of such deposit shall not be available to any voluntary transferee or assignee of the Buyer(s) and upon such voluntary transfer being made such transferee and/or assignee shall be required to make fresh deposit on account of management fee at the then prevailing rules and rate and upon such deposit being made by such transferee and/or assignee the Developer shall refund the management fee for unutilized period to the Buyer(s). Further the Buyer(s) while transferring his Unit shall intimate the Management Agency for executing Operation and Management Agreement with the new Buyer(s) and also have the obligation to ensure that a "No Due Certificate" and "No Objection Certificate" is obtained from the then Management Agency and Association. Further the Buyer(s) while transferring the Unit shall intimate the Management Agency for execution of Operation and Management Agreement with the New Buyer(s).

11.3 Immediately after expiry of fifteen years from the date of possession of the Unit the Buyer(s) shall make fresh deposit on account of management fee in accordance with the then prevailing rules and rates.

12.0 INTERNAL INSURANCE

12.1 It is understood by the Buyer(s) that the internal Management of the Unit and its insurance thereof shall always be the sole responsibility of the Buyer(s).

13.0 ASSOCIATION OF BUYER(S)

13.1 The Buyer(s) agrees to become a member of the Ashiana Shubham Owner's Association (as and when formed) and abide by the rules of the Association. If the Developer and / or the Confirming Party decides not to form a new Association for Ashiana Shubham under such circumstances the Buyer(s) shall become member of the existing "Villa Viviana Residents Association". In this regard the decision of the developer shall be final and binding. The Buyer(s) agrees to pay any fees, subscription charges etc. for membership of the Association and to complete such documentation and formalities as may be required and deemed necessary by the Developer for this purpose.

13.2 Under the circumstance of multiple Owner's Association, the Developer/ its Management Agency shall have choice/ right to recognize the Buyer(s)'s Association which it deems fit.

14.0 BANK LIEN & CHARGES

14.1 The Developer hereby agrees and undertakes to furnish all papers and documents as and when required by the Buyer(s) for assisting the Buyer(s) in obtaining loans from banks or Financial Institutions. The Buyer(s) further agrees and hereby irrevocably authorizes the Developer to receive all loan amounts for and/or on behalf of the Buyer(s) and to retain all such loan amounts as and when received towards current and/or future installments payable by the Buyer(s) as detailed and set out in Part-II of the Schedule "C" hereunder written. It is however agreed by and between the Developer and the Buyer(s) that the Developer shall not be responsible in any manner whatsoever, in respect to the



-18 -loan or loans arranged for the Buyer(s) and/or the Buyer(s) of the units as aforesaid and the Buyer(s) and/or the Buyer(s) alone shall be responsible for the timely repayment of the same. In the event of any default or delay in making of applicable payments to the Developer, including inter alia where the same is attributable to any non-disbursement, rejection or delay in the loan taken by the Buyer(s), the Developer shall be entitled to take recourse to all remedies available under applicable law and this Construction Agreement including inter alia to terminate this Agreement.

14.2 The Buyer(s) may at their option raise finances or a loan for purchase of the Unit, including through mortgage of the Unit (subject to obtaining of the no objection certificate from the Developer). However, it shall remain the sole responsibility of the Buyer(s) to ensure sanction of the loan and disbursement of the same as per the payment plan opted for by the Buyer(s).

15.0 PARKING FACILITY

15.1 The Buyer(s) agrees and understands that the exclusively reserved open parking space allocated to the Buyer(s) is due to the Unit allotted to the Buyer(s) and does not have any independent legal entity detached or independent from the said Unit. The Buyer(s) agrees not to sell/ transfer/ deal with the allocated parking space independent of the Unit.

15.2 The Buyer(s) agrees and understands that the reserved car parking spaces in the Project shall form part of limited common areas and facilities of the said Unit. The Buyer(s) agrees and confirms that the reserved car parking space allotted to him shall automatically be cancelled, terminated on surrender, relinquishment, resumption etc. of the said Unit under any of the provisions of this Construction Agreement or otherwise.

15.3 The Buyer(s) undertakes to park his vehicle strictly in the parking space allocated to him and not anywhere else in the Project. The Parking Space allotted to the Buyer(s) shall be meant exclusively for parking of specific number of vehicles and under no circumstances the Buyer(s) will be allowed to park vehicles more than the parking space allocated to him or anywhere else in the Project. Further the Buyer(s) agrees that the Developer or the Management Agency reserves the right to restrict the entry of additional vehicles owned by the Buyer(s) within the Project, in case the Buyer(s) have been allocated one parking space only. The Buyer(s) further agree that the space provided (if any) as car park, shall only be used as a vehicle parking slot and no construction of any nature, either permanent or temporary shall be raised thereon.

16.0GENERAL TERMS AND CONDITIONS

16.1 It is within the knowledge of and agreed by the Buyer(s) that the construction on the Project Land will be taken up in phases and the Buyer(s) shall have no objection to the same. The Buyer(s) is/ are fully aware that during the course of construction there will be some unavoidable inconveniences to the residents who have already moved to the completed buildings/units of the Project. Further, where, if any later change in any applicable law permits further construction on any portion of the Project Land or any part of the Project, the Developer shall be entitled to undertake



-19 -the said construction and the Buyer(s) shall not have any objection and shall consent to such further construction.

16.2 The Developer shall on completion of construction apply with the authority for completion certificate of the Project.

16.3 The Buyer(s) shall have no claim save and except in respect of the said Unit hereby agreed to be acquired and detailed and explained in the Schedule "B" hereunder given, it being agreed that all common spaces and common facilities open spaces, lobbies, staircases, roof and/or terraces of all the Buildings and unsold Units, club house etc., in the said Project shall remain the exclusive property of the Developer.

16.4 The Developer shall have the right to effect and or carry out such additions, alterations, deletions and modifications, as the Developer may at its sole discretion may consider necessary or as directed by the Competent Authority or Architect at any time even after the building plans for the unit/ Project are sanctioned and till the grant of an occupation certificate, to which the Buyer(s) hereby consents and shall raise no objection. Such changes may include but are not, limited to change in the building plans, floor plans, location, preferential location, number, increase or decrease in number of apartment, block or super area of the unit, designs and specifications however this shall be without prejudice to any rights of the Developer to construct additional floors/ additional spaces as sanctioned and approved by the competent authority.

16.5 The Developer shall have right, without approval of any Buyer(s) in the Project to make any alterations, additions, improvements or repairs whether structural or non- structural, interior or exterior, ordinary or extraordinary in relation to any unsold unit within the Project and the Buyer(s) agrees not to raise any objections or make any claims on this account on which the Developer shall be entitled to dispose off in any manner, without any interference whatsoever on the part of the Buyer(s).

16.6 The Buyer(s) is/ are aware that the Builder has made a payment to the government towards Infrastructure & Basic Amenities Charges and the Buyer(s) shall be liable to pay the said charges to the government in proportion to the on Super Built Up Area on possession.

16.7 The Buyer(s) have been informed of and has accepted the specifications and information provided as to the materials to be used in construction of the Unit/Building which are also tentative and the Developer may affect such reasonable variations and modifications therein as it may deem appropriate and fit or as may be done or required to be done in accordance with the directions of any competent governmental authority, and the Buyer(s) hereby consents to such changes.

16.8 It has been agreed that upon acquisition of the said Unit as detailed in Schedule - B the Buyer(s) shall have ownership rights only over the said Unit and the proportionate indivisible share of the land in which the Unit is located. It has been made clear and the Buyer(s) agrees that the Buyer(s) shall have only the right to use of the common spaces and facilities along with other occupants of the said Building(s) subject to the timely payment of the Management charges for operation and management and these spaces and facilities shall continue to be the property of



-20 -the Developer. The Buyer(s) further agrees that in the event of his failure to pay the charges for operation and management on or before the due date, the Buyer(s) shall cease to enjoy the right to use them till such time the outstanding charges for operation and management along with interest and penalties (if any) are paid. The Buyer(s) will have no right to claim or bring about any action for the division or partition of the common areas within the said Building/ Project at any time which shall for ever remain impartible/ indivisible.

16.9 The Buyer(s) covenants with the Developer and through them with the Buyer(s) of other Units that he shall not ever demolish or cause to be demolished any part of the said Building or any part or portion of the other Buildings nor shall he at any time make or cause to be made any new construction of whatsoever nature in the said Building or in the said Project or any part thereof. The Buyer(s) further

covenants that he shall not make any additions or alterations to the said Unit without the previous consent in writing of the Developer and the local authority, which controls the development of this land/ area.

16.10 The Buyer(s) is/ are aware that Limited Common Areas are for the exclusive use of owners of certain Units within the Project and Buyer(s) shall have no objection to the same.

16.11 The Developer has informed to the Buyer(s) and the Buyer(s) have also understood that the Developer is developing only the Project Land and balance portion of the Entire land (i.e the Entire Land minus the project Land) has been developed/ being developed by the Confirming Party alone. Further, there may be certain facilities and areas which are being used by the residents of the Units developed by the Confirming Party on the Entire Land minus the Project Land and the Buyer(s) have no problem with it.

16.12 The Developer has informed to the Buyer(s) that the Confirming Party has constructed a Club House with Swimming Pool and Gym and other recreational facilities and Club House is the property of the Confirming Party. The Buyer(s) is aware that he shall have only the right to use of club house facility along with the residents of the Project constructed on the Project Land as well as the residents / allottees of the Project constructed by the Confirming Party alone on the portion of the Entire Land. The Buyer(s) agrees to pay one time club charges directly in favour of the Confirming Party as and when asked by the Developer to pay and also agreed to pay monthly subscription as determined by the Developer and/ or the Management Agency from time to time.

16.13 In case the Buyer(s) have observed and has followed all the terms and conditions of this Construction Agreement, and Agreement To Sale and gives a written notice to cancel this Construction Agreement, and Agreement To Sale, then in that event the Developer shall cancel this Construction Agreement and Agreement To Sale and after deducting 10% of the total cost of the said Unit from the amount received from the Buyer(s) till that date, refund the balance amount to the Buyer(s) within 120 days from the date of such cancellation. However, the Buyer(s) shall be entitled to exercise this option within a period of six months from the date of the Application



-21 -Form in respect of the said Unit, whereafter this clause shall automatically be deemed to have become inoperative and un-enforceable.

16.14 Provided always it is hereby agreed to by and between the Buyer(s) and the Developer that this Construction Agreement for construction is distinct from the Agreement for Sale of undivided share entered into between the Buyer(s) and the Developer and the Confirming Party but default in one shall be construed as default in the other and the rights and obligations of the parties shall be determined accordingly.

16.15 In case of security deposit is demanded by the Electricity Board/ Authorities, Municipal Authorities, or any other local authority for supply of electricity, water, gas or any other facility or utility or amenity, the Buyer(s) shall contribute proportionately towards such security or deposit as shall be determined by the Developer.

16.16 The Buyer(s) shall be liable to bear expenses towards electricity, water and sewerage connection charges.

16.17 The Buyer(s) shall not either by itself or through its servants or agents, bring heavy motor vehicles/heavy transportation beyond the designated hubs/limits without taking prior permission of the Developer or the Management Agency save and except for the limited purpose of transporting furniture, fixtures and other household items.

16.18 The Buyer(s) shall not interfere or object to the construction of neighboring buildings, premises etc. constructed and to be constructed by Developer in accordance with the sanctioned plans on any

grounds including but not limited to obstruction of outside view, light, air, ventilation, noise pollution, any easementary rights or for any other reason whatsoever.

16.19 The Buyer(s) hereto agree that the logo of the Developer shall be displayed at any prominent place on the building to be constructed by the Developer and the same shall not be objected by the Buyer(s) at any time.

16.20 The Buyer(s) shall be liable for tax Deduction at Source (TDS) under Section 194 IA of Income Tax Act if applicable from time to time. Such TDS would be deducted from consideration being paid to the Developer. On every payments 99% amount is to be paid to the Developer and 1% amount is to be paid to Govt. of India (Income Tax Department), for the same Buyer(s) needs to issue certificate in form 16B to the Developer. The Developer shall not credit the amount in the account of the Buyer(s), till the time Buyer(s) have issued the certificate to the Developer.

16.21 The Developer is looking to provide / establish Assisted Living Homes (care Homes) within the Project. Assisted Living Homes are homes basically for those who require specific care services. Assisted Living Homes provide 24 hours care and supervision depending upon the needs of the occupants. Under the circumstances of providing these facilities in Project, the same shall be available for all i.e. non residents also. All residents / occupants of Assisted Living Homes shall be entitled to avail all the facilities and amenities provided / to be provided in the Project and the Buyer(s) shall not interfere or object to this.



-22 -16.22 The Developer/ Confirming Party has applied and / or obtained environmental

clearance as per the provisions of Environmental Impact Assessment Notification - 2006 and its subsequent amendments for the Entire Land. The Buyer(s) further agrees and hereby irrevocably authorizes the Developer to take all steps and measures for compliances of terms and conditions of approval for environmental clearance for and/or on behalf of the Buyer(s). The Buyer(s) hereby agrees and undertakes to bear the proportionate cost and / or direct cost of compliance of conditions put forth by the Environment Ministry while granting environment clearance in respect of the Project and / or his / her Unit.

16.23 The Developer has represented that the Developer/ Confirming Party has obtained or will obtain all requisite approvals/ permissions/ sanctions such as Fire NOC, Consent to Operate from Pollution Control Board and etc for the Entire Land. The Developer shall not be obliged to apply for or obtain renewal of Fire NOC, Consent to Operate, Renewal/ replacement of transformer and/or other statutory renewals which are required to be obtained for the said Project in future after handing over the possession to the Buyer(s). The Buyer(s) and Buyer(s) of other Units and/or Owners Welfare Association/ Representative Body of Owners without any reference to the Developer/ Confirming Party shall be entitled to approach the requisite authority for any such approvals/renewals. Failure to get statutory approvals or renewal within the prescribed time and/or consequences resulting due to non renewal of the statutory approvals shall not cast any liability on the Developer/ Confirming Party and Ashiana Management Services.

16.24 The Developer shall send all letters/notices and communications to the sole/first Buyer(s) at the address given in the application form at the time of booking. All letters, receipts and/or notices issued by the Developer and dispatched by courier / registered post to the said address or such other address as may be intimated by the Buyer(s) shall be sufficient proof of receipt of the same by the Buyer(s) on the 7th day from the date of dispatch. It is clarified that the Developer shall not be liable to send separate communication, letter/notices to the second Buyer(s) or to any other person than the first Buyer(s). Further it shall be the sole responsibility of the Buyer(s) to inform the Developer of all subsequent changes in his/her/its address, through the means of a registered letter, failing which all

demand notices and letters posted at the earlier registered address shall be deemed to have been received by the Buyer(s) upon the expiry of three days after the posting of such letter. The Buyer(s) is/ are required to make all payments as specified in the demand notices for payment, within the period mentioned in the demand note.

16.25 The Developer as a general practice keeps on sending to all its customers about the new projects, new launch, construction status, price & payment terms of the project, price revision information, payment reminders, promotional events etc. from time to time by mail or sms or letters. The Buyer(s) hereby gives his / her consent to the Developer to obtain/ receive such information on time to time.



-23 -16.26 In case of NRI / Foreign National Buyer(s), the observation of the provisions of the

Foreign Exchange Management Act, 1999 and any other law as may be prevailing shall be the responsibility of the allottee/ Buyer(s).

16.27 Nothing expressed or implied in this Construction Agreement is intended or shall be construed to confer upon or give any person, other than the Parties hereto any rights or remedies under or by reason of this Construction Agreement or any transaction contemplated by this Construction Agreement.

16.28 Except as specified herein, the Buyer(s) shall not be entitled to assign any benefits, obligations or burdens under this Construction Agreement to any third party without the prior written consent of the Developer. Subject to the foregoing, this Construction Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors (including any successor by reason of amalgamation or merger of any Party) and permitted assigns.

17.0 PROVISIONS OF THIS CONSTRUCTION AGREEMENT APPLICABLE TO OCCUPIERS/ SUBSEQUENT BUYER(S)(S)-

17.1 It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligation arising hereunder in respect of the said Unit/Building/ Project shall equally be applicable to and enforceable against any and all occupier, tenants, licenses and/or subsequent Buyer(s) of the said Unit as the said obligations go along with the said Unit for all intent and purposes.

18.0 WAIVER18.1 Any delay by the Developer in exercising or enforcing any right, remedy and the terms

of this Construction Agreement or any forbearance or giving of time by the Developer to the Buyer(s) shall not be construed as a waiver on the part of the Developer of any breach or non-compliance of any of the terms and conditions of this Construction Agreement by the Buyer(s) nor shall the same in any manner prejudice or limit the rights of the Developer.

19.0 COPIES OF THE AGREEMENT-19.1 Two copies of this Construction Agreement shall be executed and the Developer

shall retain the registered duplicate copy and the Buyer(s) shall be provided with the original registered copy.

20.0 DISPUTES AND THEIR REDRESSAL

20.1 Before the delivery of possession and/or the deemed date of possession any dispute between the Developer and the Buyer(s) relating to the interpretation of any of the terms and conditions of this Construction Agreement shall be referred to the Arbitration of the Architect. Such Arbitration shall take place in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall be final and binding upon all.

20.2 After the delivery of possession or deemed date of possession in case any dispute arises due to matters not specifically stipulated in this Construction Agreement and also in case of any dispute or any question arising at any time between the Buyer(s)



-24 -and any employee of the Developer or any other Buyer(s) or Buyer(s) of other Unit or Units, all such matters shall be referred to the Arbitration of such sole arbitrator as nominated or appointed by the Developer, in this regard. Such arbitration shall take place in accordance with the provisions of the Arbitration and conciliation Act, 1996, or any modifications thereof and shall be final and binding upon all. The arbitrator shall have summary powers and it shall not be necessary for any party to make any formal pleadings. The arbitrator also need not give any reason in support of the award.

21.0 GOVERNING LAWS & JURISDICTION:

21.1 This Construction Agreement shall be governed and construed in accordance with the laws of India and the Courts of Chennai, Tamil Nadu shall have sole and exclusive jurisdiction.

PART I OF SCHEDULE "A" ABOVE REFERRED TO AS ENTIRE LAND

All that piece and parcel of vacant lands measuring to a total extent of 45 acres and 5½ cents (182397.38 sq.mt - 19,62,596 Sq.ft.) and comprised in S.Nos.388/4B (4 cents), 389/1 (46 cents), 394/11B (10 cents), 394/16 (13 cents), 394/21 (5 cents), 394/4 (42 cents), 438/7B (11 cents), 387 (1 acre and 2 cents) 388/6B (13 cents), 439/2B3 (33 cents), 439/3A1C (13 cents), 439/2B1(74 cents), 394/18 (18 cents), 394/14B3A (6 cents), 394/14B2 (17 cents), 390/7A (7 cents), 390/8 (7 cents), 390/3A (79 cents), 390/3B (79 cents), 383/1A (59 cents), 381/1A (2 acres and 32 cents), 381/3A (1 acre and 2 cents), 438/3 (22 cents), 438/4A (13 cents), 438/5 (22 cents), 438/6 (23 cents), 438/7A (20 cents), 388/3B (5 cents), 439/2A (36 cents), 439/3B (39 cents), 394/14B1 (12 cents), 439/3A1B (4 cents), 439/3A1D (12 cents), 394/14B3B (6 cents), 439/2B2 (7 cents), 439/3A1A (4 cents), 439/3A1E (15 cents), 389/4A (16 cents), 389/4C (15 cents), 388/2B (5 cents), 388/7 (2 cents), 388/8A (4 cents), 389/2A (26 cents), 389/2E (22 cents), 389/6B (10 cents), 389/6D (32 cents), 394/17A (10 cents), 394/19A (17 cents), 394/19C (11 cents), 438/4B (9 cents), 439/3A2 (69 cents), 437/8B (9 cents),388/8B (4 cents), 389/2B (27 cents), 389/2D (18 cents), 389/3A (29 cents), 389/6A (10 cents), 389/6C (17 cents), 389/6E (11 cents), 394/8A (23 cents), 394/10B (17 cents), 394/11A (10 cents), 394/17B (15 cents), 394/19B (26 cents), 389/2C (6 cents), 394/13 (7 cents), 381/1B1 (1 acre and 53 cents), 383/1B (1 acre and 42 cents), 383/3 (15 cents), 390/4 (39 cents), 394/1 (46 cents), 394/6 (44 cents), 388/1D (5 cents), 394/24 (84 cents), 394/7 (28 cents), 394/32 (16 cents), 394/33 (15 cents), 394/34 (15 cents), 437/7 (20 cents), 438/2 (6 cents), 437/9 (18 cents), 390/2B2 (21 cents), 388/9A (7 cents), 388/9B (5 cents), 388/4A (5 cents), 388/5 (5 cents), 394/31 (12 cents), 437/1 (4 cents), 438/1 (15 cents), 394/25 (11 cents), 394/26 (10 cents), 437/4 (18 cents), 437/6 (37 cents), 390/2B1 (20 cents), 390/2B4 (22 cents), 437/8A (11 cents), 394/30 (13 cents), 394/27 (10 cents), 394/28 (13 cents), 394/29 (13 cents), 389/4B (28 cents), 388/6A (9 cents), 390/2A (80 cents), 437/2 (4 cents), 437/3 (6 cents), 439/1 (62.5 cents from and out of 1 acre and 51 cents), 394/2C (7 cents), 394/2D (2 cents), 394/2F (11 cents), 394/2B (2 cents), 386 (41 cents) (western portion from and out of 76 cents), 390/5 (38 cents), 390/7B (34 cents), 388/2A (6 cents), 388/3A (6 cents), 389/5A (32 cents), 389/5B1 (25 cents), 389/5B2 (23 cents), 394/20 (79 cents), 394/22 (42 cents), 394/23 (36 cents), 394/2A (12 cents), 394/2E (15 cents), 394/3 (44 cents), 381/1B2 (1 acre and 12 cents), 381/3B (18 cents), 381/3C (49



-25 -cents), 383/1C (6 cents), 390/1B (80 cents), 390/1A (80 cents), 390/6B (18 cents), 439/1 (88.5 cents - being the northern portion from and out of 1 acre and 51 cents), 390/6A (18 cents), 394/14B2 (8.5 cents out of 17 cents), 388/1C (4 cents), 388/1A (4 cents) , 388/1B (2 cents), 386 (35 cents), 385 (72 cents), 394/5A & 8B2 (70 cents), 394/5B (86 cents), 394/10A (17 cents), 394/12 (58 cents), 394/14A (13 cents), 389/3A (20 cents), 389/4D1 (28 cents), 389/3B (140 cents),384 (30 cents), 389/4D2 (26 cents), 394/8B1 (23 cents), 394/9 (22 cents), [393/12A1 (15 cents), 393/12A2 (15 cents), 393/12A3 (9 cents), 393/12A4 (2 cents), 393/12A5 (10 cents), 393/12A6 (9 cents), 393/12A7 (9 cents), 393/15A2 (22 cents) 393/15B4 (7 cents) and as per Gramanatham the survey numbers are changed into 393/9, 10, 11, 12, 52, 51, 50, 8 and 54] 393/15B1 (5 cents), 393/15B2 (2 cents) & 393/15B3 (21 cents),390/2B3 (20 cents) as per Patta Nos. 445, 242, 1745, 1759, 1666, 3631, 398, 1665, 1846, 137, 245, 66, 612,3783, 3035, 1468, 213, 1894, 1626, 178, 1119, 1844, 1843, 1467, 1545, 850, 965, 961, 1111, 328, 1895, 154, 172, 547, 370, 185, 1554, 1303, 870, 248, 185, 328, 967, 253, 1470, 1317, 18, 9, 1896, 1944, 1470, 985, 18, 882 together with wells and service connections thereon; [as per New Patta Nos.4833 & 4885 stands in the name of M/s.Escapade Real Estate Pvt. Ltd.], situated at Sengundram Village, Govindapuram Hamlet, Maraimalai Nagar Municipal Limit, Chengalpet Taluk, Kancheepuram District, Tami Nadu and situated within the Registration District of Kancheepuram and Joint-II Sub Registration District of Chengalpet, Chennai, Tamil Nadu on a portion of which Villa Viviana is developed one portion of land and as shown in map below:



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PART II OF SCHEDULE "A" ABOVE REFERRED TO AS PROJECT LAND

All that part and parcel of the portion of Entire Land measuring 20 acres and 20 cents under survey no. 381/1A(2.32), 381/1B1(1.53), 381/1B2(1.12), 381/3A(1.02), 381/3B(0.18), 381/3C(0.49), 383/1A(0.59), 383/1B(1.42), 383/1C(0.06), 383/3(0.15), 390/2B1(0.20), 390/2B2(0.21), 390/2B3(0.20), 390/2B4(0.22), 390/4(0.39), 390/5(0.38), 390/6A(0.18), 390/6B(0.18), 390/7A(0.07), 390/7B(0.34), 390/8(0.07),394/1(0.46), 394/10A(0.17), 394/10B(0.17), 394/11A(0.10),394/11B(0.10), 394/12(0.58), 394/14A(0.13), 394/14B1(0.12), 394/14B2(0.17), 394/14B2(0.08.5), 394/14B3A(0.06), 394/14B3B(0.06), 394/2A(0.12), 394/2B(0.02), 394/2C(0.07), 394/2D(0.02), 394/2E(0.15), 394/2F(0.11), 394/3(0.44), 394/4(0.42), 394/5A&8B2(0.70), 394/5B(0.86), 394/6(0.44), 394/8A(0.23), 394/8B1(0.23), 394/9(0.22), 389/4A(0.16), 384(0.07), 385(0.29), 386 (0.40.50), 387, 390/3A(0.79), 390/3B (0.79) situated at Sengundram Village, Govindapuram Hamlet, MaraimalaiNagar Municipal Limit, Chengalpet Taluk, Kancheepuram, Chennai, Tamil Nadu and as shown in map below-



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PART III OF SCHEDULE "A" ABOVE REFERRED TO AS PHASE 1 LAND

All that part and parcel of the portion of the Project Land measuring 11135.4 Sq.mtr (119860.4 Sq.ft) comprised in S. Nos. 389/4A, 389/4D1 Pt , 394/5A & 8B2 Pt , 394/5B Pt , 394/8A Pt , 394/8B1 Pt , 394/9 , 394/10A , 394/10B , 394/11A , 394/11B , 394/12 , 394/14A Pt , 394/14B1 , 394/14B2 , 394/14B3A , 394/14B3B , situated at Sengundram Village, Govindapuram Hamlet, Maraimalai Nagar Municipal Limit, Chengalpet Taluk, Kancheepuram District, and as shown in map below and bounded as follows-



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Boundaries- North by : S.Nos: 401 Part, 393/14C, 393/15B2, 393/15B4;South by : 12m Drive way, S.Nos: 394/5B Part, 394/5A & 8B2 Part,

394/8B1 Part, 394/8A Part, 389/6A, 389/4D1 Part, 389/4A Part;

East by : S.Nos: 394/5B Part;West by : Temple Land, S.Nos : 394/15, 389/3A;And lies within the Registration District of Chengalpet and Sub Registration District of Joint II, Chengalpet

PART IV OF SCHEDULE "A" ABOVE REFERRED TO (UNDIVIDED SHARE OF LAND)

An undivided share measuring _____Sq.mtr. (_____sq. ft.) in the Phase I Land proportionate to the super built-up area of the Unit.

SCHEDULE "B" ABOVE REFERRED TO (THE SAID UNIT)

A Flat bearing No. ____ having Super Built-Up Area _____ Sq.mtr (_____) and Built up area 116.69 Sq.mtr (______Sqft.) on the _____ (in Block ______ of the approved building plan) together with undivided share or interest admeasuring _____ sq.mtr. ( _____sq ft) in Phase 1 Land of Project “Ashiana Shubham” situated at Sengundram Village, Govindapuram Hamlet, Maraimalai Nagar Municipal Limit, Chengalpet, Taluk, Kancheepuram District, Tamil Nadu which shall comprise of the following-:



-29 -(a) Carpet area comprised within the said Unit. However, the roof of the said Unit shall be used

both as the roof of the said Unit as well as the floor of the Unit or Units constructed above it and similarly the floor of the said Unit shall be used both as the floor of the said Unit as well as the roof of the Unit or Units below it and the roof and the floor of the said Unit shall jointly belong to the Buyer(s) and the Buyer(s) of the other Units directly above and under the said Unit.

(b) The walls and columns, if any, within and outside the said Unit save the wall or walls separating the said Unit from the other Unit or Units on the same floor shall belong to the Buyer(s) and the said common wall or walls separating the said Unit from other Unit or Units on the same floor shall jointly belong to the Buyer(s) or buyer(s) of other such Unit or Units.

(c) The proportionate indivisible share in the land covering the plinth of the Building shall jointly belong to the Buyer(s) and the Buyer(s) of other Units in the said Building.

(d) The Buyer(s) shall be entitled, without any ownership rights, to the exclusive use of Parking facility (Open / Covered);

PART - I OF THE SCHEDULE "C"

Total consideration for construction of the said “Unit” having Super Built-Up Area ________ Sq. Mtr. ( ___Sq. Ft. ) of which Built-Up Area ____Sq. Mtr. (______.) on the __ Floor in Phase 1 Land shall be Rs. _________/- (Rupees ___________________________________________________ Only )."BUILT UP AREA" shall mean inner measurement of the residential unit at the floor level including the projections and balconies as increased by the thickness of the wall and columns (100% area under the wall which is not common with other units and 50% of the area under the walls which is common with other unit or units).

"SUPER BUILT UP AREA" referred to herein and elsewhere in this agreement comprises: a) The built up area of the Unit/s b) The proportionate share of each Unit, of all the common areas, common amenities and services

including terraces, garden areas, club houses, basements, pathways, corridors, atrium/s, common elevators / escalators / toilets, shafts

The final Built-up Area of the Unit may vary 5% of the area quoted above and the consideration will be maximum upto adjusted accordingly.

PARTICULAR AMOUNT (in Rs.)Amount appropriated towards construction net of discount = ________ ( Rupees _______________________________ Only)



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Schedule ‘D’ Above referred to as SpecificationsSPACE FLOORING WALLS DOOR

FRAME DOORS WINDOWS FIXTURES/ FITTINGS

Living / Dining

Skid resistant ceramic matt finish tiles (2'*2')

Acrylic Emulsion of specific shade from reputed brand as per Architect's suggestions

Folded Steel Section

35mm thick skin Door/ laminated flush door with folded metal door frame painted in pleasing shade of enamel. Lever types handles with mortice lock

Aluminium power coated or UPVC with 4 mm or 5 mm thick float glass based on size of opening

Modular electrical switches with sockets

Master Bedroom




35mm thick skin Door/ flush door with folded metal door frame painted in pleasing shades of enamel. Lever types handles with mortice lock

Aluminium power coated or UPVC with 4 mm or 5 mm thick float glass based on size of opening.

Modular electrical switches with sockets.

Bedroom





Aluminium power coated or UPVC with 4 mm or 5 mm thick float glass based on size of opening

Modular electrical switches with sockets

Kitchen Skid resistant ceramic matt finish tiles

2 ft ceramic tiles dado above working platform

N/A N/A Aluminium power coated or UPVC with 4 mm or 5 mm thick float glass based on size of opening

A platform with black granite & stainless steel kitchen sink with single bowl and drain board. Provision for hot 7 cold water line

Toilet Skid resistant ceramic matt finish tiles

Ceramic Tiles up to Height of 7ft


35mm thick skin Door/ flush door with folded metal door frame painted in pleasing shades of enamel. Lever types

Aluminium power coated or UPVC with 4 mm or 5 mm thick float glass based on size of

A wash basin with black granite counter or counter style wash basin, towel rail, provision for hot and cold water supply,



handles with mortice lock

opening. vitreous white sanitary ware of standard ware of standard make and health faucet, grab rails only in master toilet. Single lever CP fitting of standard make

Balcony

Skid resistant ceramic matt finish tiles

Exquisitely designed classical exteriors finished in textured paint

Annodised Aluminum of UPVC


N/A N/ A

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ELECTRICAL WORK a. All electrical wiring in concealed conduits with FR grade of standard make copper wires. Convenient provision & distribution of light and power plugs. Provision for electrical chimney above platform and water purifier point in kitchen.

b. Emergency response switch at three locations connected to central monitoring unit (CMU). c. Night Lamp in master bedroom

STRUCTURE Earthquake resistant RCC Frame structure as per-the design of structural consultant.

TELEPHONE/T.V. Provision of TV/Telephone sockets in all rooms

PIPED GAS Provision in kitchen will be provided

LIFT 13 passengers lift with stretcher capability backed by Automatic Rescue Device (ARD) system

STAIRCASE Flooring combination of tiles and stones

AIR-CONDITIONING Provision of split A/C in drawing/ dining and all bedrooms [no air conditioners are being provided.)

OTHER FACILITIES Provision for DTH and washing machine point at a convenient location. DTH antenna installation for each Unit is allowed only on terrace and not with each unit.

POWER BACKUP 750 WATTS in each apartment

Note : Specifications are tentative, indicative and are subject to variation as decided by the company/ architect/ competent authority. Applicant or any person shall not have any right to raise objection in this regard. Tiles/ granite can have inherent colour, grain variations and may vary batch to batch. For latest specifications, visit our website www.ashianahousing.com.

IN WITNESS WHEREOF the parties hereto have SET THEIR HANDS AND SUBSCRIBED THEIR SIGNATURES IN THIS AGREEMENT ON THE day, THE month and THE year first above written.

For Escapade Real Estate Pvt. Ltd For Ashiana Housing Ltd

Authorized Signatory Authorized Signatory BUYER(S) CONFIRMING PARTY DEVELOPER

WITNESSES:1.

2 Drafted by: ________________ ___________________



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