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Atl - RBPL

This document is an agreement to lease commercial property. It outlines that the lessor agrees to lease a specified commercial unit in a commercial complex to the lessee. It details the handover date, lease term of 90 years, and that the lessee will pay a premium amount as consideration for the lease as outlined in an attached schedule.

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0% found this document useful (0 votes)
60 views37 pages

Atl - RBPL

This document is an agreement to lease commercial property. It outlines that the lessor agrees to lease a specified commercial unit in a commercial complex to the lessee. It details the handover date, lease term of 90 years, and that the lessee will pay a premium amount as consideration for the lease as outlined in an attached schedule.

Uploaded by

shailabh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 37

AGREEMENT TO LEASE

This AGREEMENT TO LEASE (“Agreement”) is made on this the ___________ day of ___________
Two Thousand and ___________ (___________) at Greater Noida, UP,

BETWEEN:

RUVIK BUILD-TECH PRIVATE LIMITED, a company incorporated under the provisions of


the Companies Act, 2013, having its registered office at Building No.1, First Floor, Basant Lok
Community Centre, Vasant Vihar, New Delhi - 110057, having CIN
Page 1 of 37
U45309DL2020PTC359873, represented by its authorized signatory Mr. Akash Sharma (Aadhar
No. 4514 3125 3107 ) and Mr. Goutam Patra ( Aadhar No. 7644 1200 6597) authorized vide
board of resolution dated 1st August, 2022 (hereinafter referred to as the “Lessor/
Developer/Promoter”, which expression shall, unless repugnant to the context or meaning
thereof, mean and include its successors-in-interest, executors, administrators and permitted
assigns) OF THE FIRST PART

AND

[If the Lessee is an Individual]

Mr. / Ms. _______, (Aadhar no. ________) son / daughter of ______, aged about ___, residing
at _________, (PAN ________), hereinafter called the “Lessee” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include his/her heirs,
executors, administrators, successors-in- interest and permitted assignees).

[OR]

[If the Lessee is a company]

_______ (CIN no._________), a company incorporated under the provisions of the Companies
Act, [2013/1956], having its registered office at ______ and its corporate office at _______ (PAN
-____), represented by its authorized signatory______ (Aadhar no.____) authorized vide board
resolution dated ____ hereinafter referred to as the “Lessee” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include its successor-in-
interest, executors, administrators and permitted assignees);

[OR]

[If the Lessee is a Partnership firm]


________, a partnership firm registered under the Indian Partnership Act, 1932 (Central Act 9
of 1932), having its principal place of business at _____, (PAN ______), represented by its
authorized Partner __________, (Aadhar no. ______) authorized vide ________, hereinafter

Page 2 of 37
referred to as the “Lessee” (which expression shall unless repugnant to the context or meaning
thereof be deemed to mean and include its successors-in-interest, executors, administrators
and permitted assignees, including those of the respective partners).

[OR]

[If the Lessee is a HUF]

Mr._____, (Aadhar no. _____) son of ___ aged about ____ for self and as the Karta of the Hindu
Joint Mitakshara Family known as ______ HUF, having its place of business / Commercial
Unit at _________, (PAN_______), hereinafter referred to as the “Lessee” (which expression
shall unless repugnant to the context or meaning thereof be deemed to include his heirs,
representatives, executors, administrators, successors-in-interest and permitted assigns as well
as the members of the said HUF, their heirs, executors, administrators, successors-in-interest
and permitted assignees)

The Lessor and the Lessee are hereinafter collectively referred to as “Parties” and individually
as “Party”.

WITNESSES AS FOLLOWS:

I. WHEREAS the Lessor possesses leasehold rights and is in possession of all that piece and
parcel of immovable property being Commercial Plot No. C-2, admeasuring around
14000 sq. mtrs., situated in Sector-Ecotech-XII, Greater Noida West, (U.P.), which is
morefully described in the Schedule A hereunder and hereinafter referred to as the
"Schedule A Property”. The Lessor has acquired the leasehold rights over Schedule A
Property from the Greater Noida Industrial Development Authority for a period of 90
(ninety) years with effect from 04th December 2020, by virtue of Lease Deed dated 04 th
December 2020, duly registered in the office of Sub-Registrar Dadri, Gautam Buddha
Nagar vide Registration No. 23793 in Book No. 1, Vol. No. 16416 at pages 1 to 52, on 07 th
December 2020.
II. WHEREAS the Schedule A Property was allotted to the Lessor by Greater Noida Indus-

Page 3 of 37
trial Development Authority on 05th December 2019 vide Allotment Cum Intimation Let-
ter bearing Ref. Commercial/CPS-VIII/Allot/2019/3211.

III. WHEREAS the Lessor/Developer/Promoter, being desirous of developing the Schedule


A Property, is in the process of putting up a Commercial Complex known as “Iris
Broadway Greno West” (“Commercial Complex”) on the Schedule A Property consist-
ing of 03 basements, Ground Floor and 22 (twenty two) upper floors with common en-
trances, lobbies, staircase, passages, lifts, car parks (Project).

IV. WHEREAS the Lessor has secured the sanction of building plans from Greater Noida
Industrial Development Authority for the construction of Commercial Complex on
Schedule A Property along with common areas, common facilities and amenities,
common pathways, open areas, which shall be common to all occupants of the
Commercial Complex, vide Building Permit No. PLG/BP/SM-13-May-2021:11053,
dated 25th March 2022.

V. WHEREAS the Lessor has also got the Project involving the construction of the
Commercial Complex registered with Uttar Pradesh Real Estate Regulatory Authority
vide project registration number UPRERAPRJ673874 dated 01st April 2022 for first phase
of construction.

VI. WHEREAS the Lessee, being desirous of taking on lease commercial space / office space
in the Project, has completed the scrutiny of the title of the Lessor, the plan that is
sanctioned, and the development of the Project as stated in the earlier recitals. The
Lessee is satisfied with the right and interest of the Lessor to the Schedule A Property
and right, interest and title to construct the commercial building in the Schedule A
Property. The Lessee has understood the sanctioned plans of the Commercial Complex
and undertaken the site visit and the Commercial Complex being built thereupon and
has also taken legal advice with regard to the terms of this Agreement.

VII. WHEREAS the Lessee being desirous of taking on lease a commercial unit in the
Commercial Complex has approached the Lessor to take on lease commercial space
measuring ________square feet of super built up area on the ______ Floor which is
inclusive of proportionate share in all the common areas amenities and facilities of the
Page 4 of 37
Project, more fully set out in the Schedule “B” hereto and hereinafter referred to as the
“Schedule B Property”.

VIII. WHEREAS after discussions and negotiations between the Lessor and the Lessee, the
Lessor has agreed to give on lease to the Lessee the Schedule B Property subject to the
Lessee complying with the terms of this Agreement.

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

1. AGREEMENT TO LEASE:

That in pursuance of the foregoing and in consideration of the obligations undertaken by


the Lessee hereto, the Lessor agrees to give on lease to the Lessee and the Lessee agrees to
take on lease Schedule B Property in the Commercial Complex along with.

2. HANDOVER DATE AND LEASE COMMENCEMENT DATE:

2.1 Handover Date: The Schedule B Property shall be constructively handed over by the
Lessor to the Lessee on 05/06/2026, or any other date mutually agreed between the
Parties (“Handover Date”) which is referred herein as the “Lease Commencement Date”.

2.2 Handover Condition: The Lessor shall constructively handover the Schedule B Property
to the Lessee on Handover Date in bare shell condition.

2.3 The Lessor confirms that the carpet area of the Schedule B Property shall be _____sqft. It is
hereby agreed that prior to the Handover Date, the Parties shall jointly measure the
Schedule B Property and ascertain the exact carpet area of the Schedule B Property.

2.4 The Lessor has already obtained all the necessary statutory approvals for construction of
the Commercial Complex and shall procure all the necessary statutory documents
including but not limited to the Occupancy Certificate from the concerned government
authorities on or before the Handover Date.

2.5 The Lessor shall not be held in breach of terms of this Agreement and be entitled to
corresponding extension of time for handing over of the Schedule B Property, if the delay
Page 5 of 37
in completion of construction of the Schedule B Property is caused due to any reasons
beyond the control of the Lessor, such as due to a Force Majeure event.

2.6 The Lessee shall enter into a Lease Deed (“Lease Deed”) for Schedule B Property within
Forty Five (45) days from the date of offer of possession of the Schedule B Property. The
registration of the Lease Deed shall be in terms of the provisions of the Clause thereof.

3. LEASE TERM:

The term of lease for the Schedule B Property shall be Ninety (90) years years from the
Lease Dated 04/12/2020.

4. PREMIUM AND RENT:

4.1. Premium: In consideration of the lease of the Schedule B Property which would be
granted by the Lessor to the Lessee, the Lessee shall be liable to pay total amount as
detailed in schedule C
In case of delay in payment of abovementioned premium amount as defined in Schedule
D, it shall attract an interest @15%per annum for 90 days. In case the lessee fails to pay the
premium installment after 90 days from the due date, the Lessor shall have right to
terminate this agreement and shall pay the Lessee, total amount received under this
agreement after deducting 10% of total premium along with brokerage, taxes, interest and
any other expenses incurred by the Lessor in pursuant to execution of present agreement.
In the cases, wherein the Lessor has received less than the claimed amount herein shall
have right to recover the same from the lessee in accordance with law.

4.2 Rent: The Premium shall also include a one time lease rent amounting to Rs. ______/-
(Rupees ____________________ Only) plus GST and such other tax as applicable
(hereinafter referred to as the "Rent").
4.3 Returns to Lessee(s):

4.3.1 With effect from receipt of ____% of Premium by lessor from lessee, Lessor will pay assured
returns @ 12% (Twelve Percent) per annum to the Lessee on the amount of Premium re-

Page 6 of 37
ceived by Lessor upto 42 months from the date of payment receipt or receipt of Occupation
Certificate of Schedule A Property, whichever is earlier.

4.3.2 This return shall be inclusive of all taxes including, GST if applicable on such returns. Re -
turn shall be paid on monthly basis after deducting TDS by 10th day of succeeding (i.e. next)
month. Return shall be paid only on the amount of Premium received by Lessor and on no
other amount whether paid as charges, taxes, interest or any other amount. Returns shall not
be payable for force majeure period.

4.3.3 In case Lessee commits default in payment of any installment of consideration or any other
dues in respect of Unit, Lessee(s) shall not be entitled to get any returns for the period of de-
fault, even if the defaulted installment is later on paid with or without interest.

4.3.4 Returns shall be payable till the date of receiving of occupation certificate by Lessor from
competent authority in respect of building where Unit is situated or 42 months from the date
of receiving of payment whichever is earlier.

4.3.5 Returns are inclusive of interest/compensation payable under any applicable law for delay in
offer of possession, if any. It is clarified that Lessee shall not be entitled to claim Returns as
well as interest/compensation for delay in offering possession by Lessor for same period.

4.3.6 No returns shall be paid on any amount paid by Lessee in excess of Lessee’s dues or de-
mands raised by Lessor, whichever is more. Returns will be payable only if the complete in-
stalment is paid by Lessee to Lessor.

4.3.7 Lessor has committed that Lessee(s) shall get a minimum of Rs. ____/- (Rupees _______
Only) per month per square feet of super area of unit from leasing of Unit for a period of 3
(Years) years with effect from expiry of rent free period [which is normally 4(four) months]
as per terms of lease or from date of start of commercial operations of tenant in the leased
premises, whichever is earlier [i.e., “Committed Period”].`

4.3.8 In case, during the committed period, rent realized by lessor or sub-lease manager/ develop-
ment manager (in case the sub-lease/development manager is the associate company or firm
of the lessor in terms of Clause 5 of this agreement) from leasing of unit is less than the
aforesaid amount, Lessor shall pay the shortfall to Lessee(s) as commitment charge. It is fur-
ther clarified that in case the rent realized by the lessor or the development manager is higher
than the commitment rent, the excess amount shall be retained by the lessor or be transferred
by the sub-lease manager/development manager to the lessor (in case the sub-lease/develop -
ment manager is the associate company or firm of the lessor in terms of Clause 5 of this
agreement)

4.3.9 After the end of committed period Lessor shall not be liable to pay any money to Lessee(s)
and Lessee(s) shall be entitled to actual proportionate monthly rent paid by tenant.

4.3.10 All payments shall be made on monthly basis after deduction of TDS.

4.3.11 Rent/Commitment Charges shall be payable only if Lessee(s) has made payment of his all
Page 7 of 37
dues to Lessor. Lessor shall be entitled to adjust its dues, if any, from the Rent/commitment
charges.

4.3.12 Rent/Commitment charges shall not be payable for force majeure period.

4.3.13 In case of joint Lessees, returns/rent/commitment charges/refunds shall be payable


to Lessees in following proportion:-
Lessee No. 1 ____________________ Percentage ___________%
Lessee No. 2 ____________________ Percentage __________%

5. SPECIAL TERMS OF LEASE

5.1 The Lessee hereby acknowledges that the Lessee has agreed to taken on lease the
Schedule B Property only with a view to further sub-lease the same and derive
therefrom rental income, and hence the Lessee hereby unconditionally agrees to appoint
the Lessor as its sub-lease/development manager and authorizes the Lessor to finalise
the sub-lessees for the Schedule B Property/entire floor/any part of the floor on which
the Schedule B Property is situated. The lessee shall enter into a separate lease/property
management agreement with Lessor or any of its associate companies or firms regarding
appointment of sub-lease/development manager. The Lessor shall be entitled to
fix/ascertain the rent and other terms and conditions of the sub-lease, receive initially
the security deposit to be paid by the sub-lessee(s), receive and pass on to the Lessee the
rent from the sub-lessee(s) and deliver possession of Schedule B Property (either
separately or along with the rest of the floor space, as the case may be) to the sub-
lessee(s) for their use. The Lessee further agrees to be bound by all the terms and
conditions of sub-lease so agreed by the Lessor with the sub-lessee(s). The Lessee also
agrees to execute a power of attorney in favour of the Lessor simultaneously with the
execution of the Lease Deed with respect to the Schedule B Property in its favour, as and
when required by the lessor, in order to enable the Lessor to act in accordance with this
clause.

5.2 In the event if the prospective sub-lessee agrees to take on lease the entire floor/any part
of the floor space where the Schedule B Property is situated only with a condition of it
being fully fitted out with furniture and fixture such as work stations, partitions, chairs,
tables etc., the Lessee hereby authorises the Lessor or any of its associate companies or
Page 8 of 37
firms to furnish such space and the Schedule B Property and realize therefrom
separately in its own name the expenses incurred for the same. In any event the Lessor
or any of its associate companies or firms shall be entitled to furnish the space and
Lessee hereby gives his/its express consent to furnish the Schedule B Property in such
an event. It has also been agreed between the parties that any expenses on account of
brokerage, fit-outs capital expenditure (CapEx) etc. which are required to be incurred by
the lessee for further sub-leasing of the schedule-B property to the prospective sub-
lessee, other than the expenses hereinbefore mentioned, shall be deducted from the
revenue of the lessee by the Lessor or any of its associate companies or firms and the
Lessor or any of its associate companies or firms doesn’t require to seek any separate
approval for the same from the lessee.

5.3 As the Schedule B Property agreed to be taken on lease by the Lessee forms portion of
the larger floor space and the Lessee will be leasehold owner of only a part of the large
floor space, Lessee agrees to not seek separate possession/ partition of the Schedule B
Property and agrees to constructively possess the same with the owners/lessees of the
rest of the floor space. Provided always nothing herein shall prevent the Lessor from
separately carving out the area of the Schedule B Property from the floor space and
giving separate possession of the same to the Lessee. The decision of the Lessor as to the
location of such space shall be final and binding on the Lessee. It is further agreed that
the Lessee shall liable to pay, separately, the cost of separation of the Schedule B
Property demanded by the Lessee without demur.

5.4 Notwithstanding anything contained in the Lease Deed, the Lessor shall be in complete
control of the Schedule B Property as lease/property manager, having been provided
such power and control under this Agreement by the Lessee and therefore any right that
the sub-lessee shall be entitled to in respect of the Schedule B Property herein, shall only
be through the Lessor and not otherwise.

5.5 The Lessee further acknowledges that the Lessor and/or the Lease Manager (as ap-
pointed under the Property Management Agreement as per Clause 5.1) shall be en-
titled to give the Schedule B Property on rental basis to any other person/entity which

Page 9 of 37
it deems fit prior to the execution of the Sub-Lease Deed on behalf of and for the bene-
fit of the Lessee, and that the Lessee shall be bound by the terms of such arrangement
and will not raise any claim or dispute against such an arrangement during or after the
subsistence of this Agreement and/or the Sub-Lease Deed.

6. PAYMENT OF TAXES

6.1 Goods and Service Tax (GST):

Any applicable tax in the nature of GST or cess on the Rent and/or Premium or tax of any
other nature or any tax levied on the transaction of the lease as set out herein as per
applicable law shall be borne by the Lessee irrespective of whether the tax is levied by the
Central Government or State Government or any other statutory authority entitled to levy
such type of tax.

6.2 Other Taxes:

The Lessor agrees that it will be solely liable to pay all existing and future rates, taxes,
cesses, assessments and other outgoings with respect to Schedule A Property alone and
the liability to pay all existing and future rates, taxes, cesses, assessments and other
outgoings with respect to the Schedule B Property shall be of the Lessee.

7. LIMITED COMMON AREA RIGHTS:

7.1 The Lessor (either itself or through its nominated maintenance agency – (‘MSA’) shall be
responsible to provide and maintain essential services in the Project till the handing over
of the maintenance of the project to the association of Lessees. The Lessee agrees that
some of the earmarked areas being in the nature of car parking spaces, which form part of
the common area which is retained for the exclusive use for the specified units, shall be
for exclusive use of such unit/s and part of limited common area. The Lessee agrees that
they shall at no time claim any rights thereto or deprive such users or anyone claiming
through the user of such limited common area.

Page 10 of 37
7.2 The Lessees agrees and undertake to enter into a maintenance agreement with the Lessor
or the Maintenance Agency appointed by the Lessor for maintenance and upkeep of the
said building/complex (including common areas & facilities) and undertakes to pay the
maintenance bills/charges thereof. Subject to other clauses of this agreement, the Lessee
agree(s) to pay the maintenance charges as determined by the Lessor/Maintenance
Agency appointed, as the case may be, after the issuance of the occupation/completion
certificate for the project. In case Lessee has leased the Unit, Lessee shall instruct tenant to
pay the maintenance charges. The Lessee shall always maintain the amount of IFMS at all
times by paying the maintenance and other dues in time.

7.3 The Lessee agree(s) to pay the maintenance charges on Super Area in every month
(“Maintenance Charges”) which is inclusive of building insurance and shall be charged
on Super Area after 60 days from the date of issuance of offer of possession, in respect of
the Unit irrespective the fact whether physical possession of the Unit has been taken or
not. However, it is agreed that the total maintenance charges will be fixed by the
Company/Maintenance agency on an estimated basis of the maintenance cost to be
incurred for the forthcoming year which shall be 1.2 times of total
cost/expenses/expenditure on Super Area. The Lessee accepts that the provision of such
maintenance services shall at all times be subject to the timely payment of the
Maintenance Charges, including but not limited to the requisite Interest-Free
Maintenance Security Deposit (IFMS) (Including any further contributions to the IFMS,
when necessary). The Lessee shall deposit and shall always keep deposited with the
Lessor/MSA, the IFMS as specified above. However, the Lessee shall pay the monthly
maintenance charges in advance as and when demanded after maintenance free period as
stated above by the Lessor or the Maintenance Agency appointed by the Lessor. The
enhancement/variation in the maintenance charges shall be subject to the escalation /
increase in the cost of materials and services used for providing the maintenance services
in the complex and the said enhancement/variation would be directly in proportion to
the increase in such input cost from time to time.

7.4 That as and when any Plant & Machinery within the Building/Plot, as the case may be,
including but not limited to DG sets, electric sub-stations, Elevator & Escalator, pumps,
fire fighting equipment, any other plant/equipment of capital nature etc. require
Page 11 of 37
replacement, up gradation, additions etc. the cost thereof shall be contributed by the
Lessee and all the Lessees in the Building/Unit, as the case may be on pro-rata basis (i.e.
in proportion to the Super Area of the said Unit to the total Super Area of all the Unit in
the Building). The Lessor/Maintenance Agency shall have the sole authority to decide the
necessity of such replacement, up gradation, additions etc. including its timings or cost
thereof and the Lessee agrees to abide by the same. For the said purpose for the time
being the Lessee shall keep deposited with the Lessor amount mentioned under the head
“Sinking Fund” at Serial No. 1(f) in Schedule C and the Lessee agrees to replenish the
same and /or pay additional Sinking Fund if so required for meeting the aforementioned
purpose upon receipt of intimation from the Lessor/Maintenance Agency which shall be
paid without raising any objection and the decision of the Lessor/Maintenance Agency in
this regard shall be final and binding.

7.5 Interest Free Refundable Maintenance Security Deposit (IFRMSD): calculated at the rate
of Rs. 50/-(Rupees Fifty Only) per square foot per month of the Super Area of the
Demised Premises or an amount equivalent to 4 months’ Maintenance Charges,
whichever is higher, in the following manner:

a) Payment of Rs. ________________/- (________________________Only) on offer of


possession.

b) Payment of the differential amount as computed based on 4 months’ Maintenance


Charges as prevailing from the Lease Commencement date, as the case may be, shall be
made by the Lessee by the 10th day of the respective month.

c) Extra charges apart from above are mentioned clearly in schedule C

7.6 RIGHT OF LESSEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO


PAYMENT OF MAINTENANCE CHARGES: The Lessee hereby agrees to take the Unit
on the specific understanding that his/her right to use the Common Areas shall be subject
to timely payment of maintenance charges as determined and thereafter billed by the
maintenance agency/Lessor or the association of Lessees and performance by the Lessee
of all his/her obligations in respect of the terms and conditions specified by the
maintenance agency/Lessor or the association of Lessees from time to time.

Page 12 of 37
7.7 RIGHT TO ENTER THE UNIT FOR REPAIRS: The Lessor/maintenance
agency/association of Lessees shall have rights of unrestricted access of all Common
Areas, garages/covered parking and parking spaces for providing necessary maintenance
services and the Lessee agrees to permit the association of Lessees, Lessor and/or
maintenance agency to enter into the Unit or any part thereof, after due notice and during
the normal working hours, unless the circumstances warrant otherwise, with a view to set
right any defect.

8. THE LESSOR COVENANTS WITH THE LESSEE AS FOLLOWS:

8.1 That the Schedule B Property when given on lease to the Lessee shall be free from
attachment, encumbrances, court or acquisition proceedings or charges of any kind.

8.2 That the Lessor is the sole and absolute lessee of the Schedule A Property and its right and
interest thereto are good, marketable and subsisting.

8.3 That Lessor agrees to do and execute or cause to be executed all acts, deeds and things, as
may be required by the Lessee for more fully and perfectly assuring the leasehold rights
of the Lessee to the Schedule B Property in accordance with the terms of this Agreement.

8.4 That the Lessor will not transfer/convey or cause to be transferred/conveyed to any
person any interest in the Schedule A Property, without incorporating the covenants and
stipulations as are agreed to and undertaken as between the Lessor and the Lessee as per
this Agreement.

8.5 That the Lessor will pay all taxes, rates and cesses in respect of the Schedule -B Property
up to the date of offer of possession of the Schedule B Property.

9. THE LESSEE COVENANTS AND UNDERTAKES WITH THE LESSOR AS


FOLLOWS:

9.1 That the Lessee understands and acknowledges that no rights in the Schedule A Property
Page 13 of 37
are being/would be granted to it, and the entire Schedule A Property shall continue to be
the leasehold property of the Lessor. The Lessee or any other person claiming under it
would not be entitled to claim any right/title/interest in the Schedule A Property/ any
portion thereof. The Lessee would only be entitled to leasehold rights over its share as
specified in this Agreement i.e., the Schedule B Property, in the built-up area which is
being constructed upon the Schedule A Property.

9.2 That the Lessee shall not do, or cause to be done, any act or omission by virtue of which
the rights of the Lessor over the Schedule A Property and/or the Commercial Complex
might get affected or curtailed.

9.3 The Lessee understands and acknowledges that the Rent payable by the Lessee to the
Lessor shall be appropriated by the Lessor towards payment of the yearly lease rent to the
Greater Noida Industrial Development Authority for lease of Schedule A Property in
their favour. The Lessee further acknowledges that failure/delay on part of the Lessee to
pay the Premium and/or Rent for the Schedule B Property to the Lessor would affect the
ability of the Lessor to pay the yearly rent to the Greater Noida Industrial Development
Authority as per the stipulated schedule, and thus could affect the rights and title of the
Lessor on the Schedule A Property.

9.4 That the Lessee shall not be entitled to claim constructive possession of the Schedule B
Property being constructed until the Lessee fulfils and performs all the obligations and
completes all payments under this Agreement.

9.5 That the Lessee has taken legal advice pertaining to title of the Schedule A Property, the
construction of the Commercial Complex and the right of the Lessor/Developer to
develop the Schedule A Property. The Lessee after taking necessary legal advice from its
legal advisors and being fully satisfied with the title, having understood the Project
involving construction of the Commercial Complex and the rights of the Lessor, the
Lessee has entered into this Agreement.

9.6 The Lessee hereby covenants and agrees that the Premium, Rent and other
charges/amount agreed herein are based on the mutual negotiations between the Parties,
the Lessee shall have no right to renegotiate on the Premium, Rent and other

Page 14 of 37
charges/amount in comparison with the other tenants and/or for whatsoever other
reasons may be.

9.7 That the Lessee shall not be entitled to transfer/ assign the rights under this Agreement in
favour of anyone else except with the prior written consent of the Lessor and payment of
the transfer fee to the Lessor that may be fixed by the Lessor at its discretion which shall
be Rs. 250/- per sq ft in Super Area or to be define time to time in discretion by the
Lessor, under this Agreement. For the purpose of this clause, if the Lessee is a company-
public or private limited, any transfer of majority shares shall be deemed to be transfer
and in case of partnership firm any change in the constitution of the partners of such
partnership shall deemed to be transfer and in case of any association of persons any
change of associates of such association shall be deemed to be transfer, and in such
situation transfer fee as applicable under this clause shall be payable. Notwithstanding
the above in case of any transfer within the family member there would be no transfer fee
payable. For the purpose of this clause the family members mean father, mother,
husband, wife, son, daughter, son in law, daughter in law, grandson and granddaughter.

9.8 That the Lessee will not hinder the use of the specified demarcated open/covered car
parking areas and other areas allotted specifically by the Lessor to a particular unit even
after taking possession.

9.9 That the Lessee agrees to pay all the statutory dues pertaining to the Schedule B Property
from the date the Schedule B Property is ready for constructive possession and upon
intimation of the same by the Lessor.

9.10 The Lessee shall also become liable to pay proportionate share of all out-goings and
maintenance and general expenses such as insurance, municipal taxes and cess, electrical,
domestic and non-domestic water tax, and all other charges for the common areas of the
Commercial Complex in which the Schedule B Property is located. The Lessee shall also
become liable to pay the proportionate share of any specific work or maintenance charges
in respect of the floor area which would be charged by the Lessor to all the co-tenants in
that specific floor proportionately.

9.11 The Lessee covenants that the Lessee shall comply with all the rules and regulation

Page 15 of 37
pertaining to electrical installations, lifts, generators, fire safety equipments and services,
pollution control and general safety equipments and services of the Commercial
Complex.

9.12 The Lessee with the other tenants of the unit/s shall at all times keep the annual
maintenance contracts with regards to all safety equipment such as lift, generator, heating
and cooling systems, equipment provided for fire safety, pollution control, equipment
relating to safety at terrace, walls, claddings, and other places, pumps, motors and other
equipment valid and shall pay the amounts of annual maintenance contract as and when
demanded by the concerned agencies. The Lessee is fully aware that non-payment
towards the annual maintenance contracts will adversely affect all the equipment
installed by the Lessor/Developer in the Commercial Complex.

9.13 That the Lessee shall not in any manner obstruct or cause obstruction to any of the entries
or exits of the Project or obstruct any open place meant to be retained as open place or
obstruct free movement of vehicles including fire tenders, and such other vehicles
required to ensure safety and statutory compliancein the Schedule A Property and/or in
the Commercial Complex.

9.14 If any development and/or betterment charges or other levies are charged, levied or
sought to be recovered by the Greater Noida Industrial Development Authority or other
public authority in respect of the Schedule A Property, the same shall be borne and paid
by the Lessee in proportion to Schedule B Property.

9.15 That the Lessee will not change the location of the Diesel Gen sets installed, the sewerage
treatment plant installed, the pump rooms, overhead tanks, solar panels, common
amenities provided in the Commercial Complex.

9.16 The Lessee, if resident outside India, shall be solely responsible for complying with the necessary
formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act,
1934 and the Rules and Regulations made thereunder or any statutory amendment(s)
modification(s) made thereof and all other applicable laws including that of remittance of payment
acquisition/sale/transfer of immovable properties in India etc. and provide the Lessor with such
permission, approvals which would enable the Lessor to fulfill its obligations under this

Page 16 of 37
Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made
in accordance with the provisions of Foreign Exchange Management Act, 1999 or the statutory
enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or
any other applicable law of the land. The Lessee understands and agrees that in the event of any
failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of
India, he/she may be liable for any action under the Foreign Exchange Management Act, 1999 or
other laws as applicable, as amended from time to time.

9.17 The Lessor accepts no responsibility in regard to matters specified in clause 9.16 above. The Lessee
shall keep the Lessor fully indemnified and harmless in this regard. Whenever there is any change
in the residential status of the Lessee subsequent to the signing of this Agreement, it shall be the
sole responsibility of the Lessee to intimate the same in writing to the Lessor immediately and
comply with necessary formalities if any under the applicable laws. The Lessor shall not be
responsible towards any third party making payment/remittances on behalf of any Lessee and such
third party shall not have any right in the application/allotment of the said Unit applied for herein
in any way and the Lessor shall be issuing the payment receipts in favour of the Lessee only.

10. TERMINATION:

10.1 Termination by the Lessee: The Parties agree that the Lessee may at its sole option
terminate this Agreement or the Lease Deed on the occurrence of any of the following
events:
(i) The Lessor commits any breach of the provisions of this Agreement and such breach has
not been cured by the Lessor within a period of sixty (60) days from the date the Lessee
serves a written notice to the Lessor;

(ii) In the event the Lessor initiates voluntary winding up proceedings or the Lessor is
ordered to be wound up and a liquidator appointed for winding up according to the
provisions of law (save and except in case of merger / amalgamations)

The aforesaid conditions may also be applicable during the Lease Term and may be
included in the Lease Deed.

Page 17 of 37
10.2 Termination by the Lessor: The Parties agree that the Lessor may at its sole option
terminate this Agreement or the Lease Deed with immediate effect on the occurrence of
any of the following events:

(i) In the event of the Lessee having committed any of the breaches of any of the terms of this
Agreement and such breach not being rectified by the Lessee within a period of thirty (30)
days from the date the Lessor notifies the Lessee of the same.

(ii) In the event the Lessee is a company, initiates voluntary winding up proceedings or the
Lessee is ordered to be wound up and a liquidator appointed for winding up according to
the provisions of law (save and except in case of merger / amalgamations);

10.2.1 The aforesaid conditions may also be applicable during the Lease Term and included in
the Lease Deed.

10.2.2 Failure to execute the Lease Deed: In the event the Lessee fails to execute the Lease Deed
in accordance with the terms of this Agreement, then the Lessor shall give notice of such
default to the Lessee and call upon Lessee to rectify the breach within the period of thirty
(30) days of the receipt of the notice, failing which the Lessee shall become liable to pay an
amount equivalent to the Premium, Rent, (including GST) and such other taxes and cess
as applicable on such Rent and Premium.

This Agreement shall be automatically terminated on the execution of the Lease Deed.

10.3 CONSEQUENCES OF TERMINATION OF THE LEASE:

10.3.1 Upon the occurrence of any of the events mentioned above and termination of this
Agreement (or the Lease Deed, as the case may be), the Lessee shall hand over the
constructive possession of the Schedule B Property back to the Lessor in good tenantable
condition. Thereafter, the Lessor shall be entitled to give on lease the Schedule B property
to any other person, and on such terms and conditions, as it may deem fit;

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10.4.1 Cancellation by Lessee: The lessee shall have right to cancel/withdraw its allotment in
the project as provided in the act;
Provided that where the Lessee proposes to cancel/withdraw from the project, the Lessor
herein is entitled to forfeit 10% of the premium, brokerage, taxes and interest/payable by
Lessee for delay in payment of installments of premium. The Lessor shall return 50% of
balance amount payable under this clause within 90 days from such
cancellation/withdrawal and remaining 50% of the balance amount on re-allotment of
unit to any new lessee or at the end of one year from the day of cancellation/withdrawal
by the Lessee, whichever is earlier.

11. SUBLETTING AND TRANSFER:

11.1 Subletting by the Lessee:

The Lessee shall not sub lease, under lease, or give on license the Schedule B Property or
any part thereof to any person/entity or part with constructive possession of the
Scheduled B Property to any person/entity in any manner whatsoever except as
stipulated in this agreement and without prior written approval of Lessor.

11.2 Transfer by the Lessee:

The Lessee, subject to payment of all its dues (if any) till the date of transfer, has the right
to transfer the Schedule B Property subject to the transferee being bound by all the terms
and conditions of this Agreement / Lease Deed. Subject to the transferee agreeing in
writing to being bound by all the terms and conditions of this Agreement / Lease Deed,
and on the Lessee making available confirmation from the transferee who has acquired
the Schedule B Property along with its attornment for transferring the lease in favour of
the transferee, the Lessee shall attorn the lease in favour of transferee and the Lessor shall
stand released of its obligation under this Agreement.

12. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS:

The Lessee is fully aware and acknowledges, understands and agrees that the logo mark
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and all intellectual property rights of the Lessor pertaining to the name, logos, etc are the
sole and exclusive property of the Lessor, who has all the intellectual property rights
thereto and any use of the same without any limitation whatsoever and in any manner
whatsoever shape or form by the Lessee or any other person is expressly prohibited and
only the Lessor is entitled to the same to use the same in any form, manner, for any
products, and to exploit the same. In violation of the intellectual property rights by the
Lessee in any manner, the Lessor will, apart from injunctive relief, also be entitled to be
compensated fully including all cost, charges and expenses incurred by the Lessor in
protecting its rights. The Lessee agrees, acknowledges and undertakes that during the
tenure of this Agreement or even after its termination or sooner determination, the Lessee
shall not by words either spoken or intended to be read, make or publish any defamatory
content with an intention to harm, or knowing or having reasons to believe that such
imputation will harm the reputation of the Lessor, its employees, its associates in any
form of public forum, blogs, social media etc.

13. INDEMNIFICATION:

13.1 The Lessor will indemnify and keep the Lessee and all persons claiming through it,
including its officials, employees, agents and representatives, indemnified against all
claims, losses, harms, damages and costs incurred by the Lessee due to:

(i) any defect in the title of the Lessor in respect of the Schedule A Property and the
Commercial Complex including the Schedule B Property, resulting in the rights of the
Lessee over the Schedule B Property being curtailed; or

(ii) breach by the Lessor of any of its obligations and/or covenants contained in this
Agreement and breach of any representations and warranties by the Lessor.

(iii) failure to comply with any applicable laws, or to obtain or maintain all or any requisite
approvals, permissions and clearances necessary for construction, occupation or usage of
the Commercial Complex resulting in rights of the Lessee over the Schedule B Property
being curtailed.

Page 20 of 37
(iv) Wilful misconduct, gross negligence, and/or fraud by the Lessor, which is proved to have
curtailed the rights of the Lessee under this Agreement and the Lease Deed.

13.2 The Lessee will indemnify and keep the Lessor and all persons claiming through it,
including its officials, employees, agents and representatives, indemnified against all
claims, losses, harms, damages and costs, inclusive of legal expenses incurred by the
Lessor against consequences suffered by the Lessor due to:

(i) breach by the Lessee of any of its obligations and/or covenants contained in this
Agreement; or

(ii) due to non-payment of statutory tax liable to be paid by the Lessee; or

(iii) Wilful misconduct, gross negligence, and/or fraud by the Lessee, which affects/curtails
the rights of the other occupants of the Commercial Complex, and the rights of the Lessor
over Schedule A Property, Schedule B Property and/or the Commercial Complex.

14. Use of Basement and Service Areas: The basement(s) and service areas, if any, as located
within the said building/project shall be earmarked for purposes such as parking spaces
and services including but not limited to electric sub-station, transformer, DG set rooms,
underground water tanks, pump rooms, maintenance and service rooms, firefighting
pumps and equipments etc. and other permitted uses as per sanctioned plans. The Lessee
shall not be permitted to use the services areas and the basements in any manner
whatsoever, other than those earmarked as parking spaces, and the same shall be
reserved for use by the Developer/Lessor/Maintenance Agency /association of Lessees
for rendering maintenance services. That the Basement spaces as per the permissible
usage can also be allotted for other purposes like storage spaces, loading and unloading
of materials, etc. as per Lessor Maintenance Agency /association of Lessees decision.

15.1 The Lessee shall be solely responsible to maintain the Unit at his/her own cost, in good
condition and shall not do or suffer to be done anything in or to the Building, or the Unit,

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or the staircases, lifts, common passages, corridors, circulation areas, atrium or the
compound which may be in violation of any laws or rules of any authority or change or
alter or make additions to the Unit and keep the Unit, its walls and partitions, sewers,
drains, pipe and appurtenances thereto or belonging thereto, in good, usable, repaired
condition and maintain the same in a fit and proper condition and ensure that the
support, shelter etc. of the Building is not in any way damaged or jeopardized.

15.2 That all signage rights are exclusively with the Lessor only and the Lessee shall not raise
any objection in this regard. The Lessee further undertakes, assures and guarantees that
he/she would not put any sign-board/name-plate, neon light, publicity material or
advertisement material etc. on the face/facade of the Project or anywhere on the exterior
of the Project therein or Common Areas except the place as earmarked for the said
Shop/Office and only after getting written permission from the Lessor. The Lessees shall
also not change the colour scheme of the outer walls or painting of the exterior side of the
windows or carry out any change in the exterior elevation or design. However, any
modification/ alteration inside of the Unit or façade of the Unit will be done as per
“Fitout Manual” to be provided by the Lessor at the time of offer of possession only.
Further the Lessee shall not store any hazardous or combustible goods in the Unit or
place any heavy material in the common passages or staircase of the building. The Lessee
shall also not remove any wall, bear, column including the outer and load bearing wall of
the Unit. All taxes including but not limited to municipal taxes, duties, rates, cesses, costs,
penalties and charges relating to the Signage payable to the authorities concerned from
time to time, shall be borne by the Lessee alone.

15.3 The terms stated in Clause 15.1 & 15.2 shall be applicable to everyone (including lessee)
who use the Unit.

16 ADDITIONAL TERMS AND CONDITIONS, IF ANY


(a) Lessor shall confirm the final Carpet area that has been allotted to the Lessee after the construction
of Floor is complete and the occupancy certificate is granted by the competent authority, by
furnishing details of the changes, if any, in the Carpet area. The total price payable for the Carpet
area shall be recalculated upon confirmation by the Lessor. If there is reduction in the Carpet area

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then the Lessor shall refund the excess money paid by Lessee within forty-five days with annual
interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by
the Lessee. If there is any increase in the Carpet area allotted to Lessee, the Lessor may demand
that from the Lessee as per next milestone of the Payment Plan. All these monetary adjustments
shall be made at same per square feet rate as mentioned at Serial No. 2 in Schedule C with
modification therein with change in Total Price as per this agreement.
(b) It is made clear by the Lessor and the Lessee agrees that Building will be constructed in Phases
(Floor-Wise). Though there will be common building plans for the whole building, different floors
of the same building shall be constructed in different phases, which have been registered as
separate projects with Real Estate Regulatory Authority. Lessee understands that there will be
services, facilities and amenities which will be common to all these phases. Lessee understands that
after handing over constructive possession of Unit to Lessee, Lessor will be carrying on
construction and development works of other Floors/Phases of the Building, to which Lessee shall
not have any objection.
Terrace rights of the Unit as well as of Building shall remain with the Lessor unless
allotted to Lessee against consideration. The Lessee shall have no objection if the Lessor
gives on lease or on hire any part of the top roof/terraces above the top floor for
installation and operation of antennae, satellite dishes, communication towers etc.
(c) Where any payments are made by any third party for or on behalf of the Lessee(s), the
Lessor shall not be responsible towards any such third party and such third party shall
not have any right in Unit, except as may be specifically consented to in writing by the
Lessor. However in case of cancellation of allotment, refunds, if any, including the
payment received from any third party will be refunded to the Lessee only.
(d) No car parking space shall be reserved for Lessee in the building. However, Lessee may
avail pay and park facility in the building as per availability.
(e) The Lessee(s) acknowledges that the Lessor has provided all information; clarifications as
required by the Lessee(s) and that the Lessee(s) has made his/her/their independent
assessment and that he/she/it/they have made requisite enquiries in electing to buy the
Unit and that Lessee(s) without relying on any of the Lessor sales and promotional
material and is not influenced by any architect plans, sales plans, sale brochures,
advertisements, representations, warranties, statements or estimates of any nature
whatsoever whether written or oral made by the Lessor/Representatives or otherwise
including but not limited to any representations relating to description or physical
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condition of the Project and area of the Project and the Unit (including the size and
dimensions and any other physical characteristics thereof), the services to be provided by
the Lessor, the estimated facilities/amenities to be made available to the Lessee(s) or any
other data except as specifically represented herein but the Lessee(s) had also otherwise
made investigation and after full satisfaction has made his own judgment in deciding to
apply for allotment of the Unit. There is no inducement or any promise/obligation by the
Lessor save and except what is stated hereunder. No earlier oral or written
representations or statements shall be considered to be part of this Agreement and that
this Agreement is self-contained and complete in itself in all respects.

17. ADDITIONAL CONSTRUCTIONS: The Lessor undertakes that it has no right to make
additions or to put up additional structure(s) anywhere in the Project after the building
plan has been approved by the competent authority(ies) except for as provided in the Act.

18. LESSOR SHALL NOT MORTGAGE OR CREATE A CHARGE: After the Lessor executes
this Agreement he shall not mortgage or create a charge on the Unit/Building and if any
such mortgage or charge is made or created then notwithstanding anything contained in
any other law for the time being in force, such mortgage or charge shall not affect the
right and interest of the Lessee who has taken or agreed to take such Unit.

19. APARTMENT OWNERSHIP ACT: The Lessor has assured the Lessees that the project in
its entirety is in accordance with the provisions of the Apartment Ownership Act, as
applicable in the State mentioned at Serial No. 5 in Schedule A. The Lessor shall comply
with various laws/regulations as applicable in said State.

20. EXECUTION AND REGISTRATION OF LEASE DEED:

The Parties shall execute the Lease Deed on or before expiry of 30 (Thirty) days from the
Lease Commencement Date and upon the execution of the Lease Deed, register the same
in the office of the Jurisdictional sub-registrar within period permitted under the
Registration Act, 1908. All costs with regard to the stamp duty and other registration
charges and other expenses of this Agreement and the Lease Deed will be borne by the

Page 24 of 37
Lessee. The Lease Deed shall be executed in duplicate. The Parties hereby agree to
cooperate with each other by providing any documentation and rendering any other
reasonable assistance as required to complete such formalities.
21. FORCE MAJEURE EVENT

"Force Majeure Event" means any condition or event or combination of events or


circumstances beyond the control of the Lessor which cannot (a) by the exercise of
reasonable diligence, or (b) despite the adoption of reasonable precaution and/or
alternative measures, be prevented, or caused to be prevented, and which adversely affects
the Lessor's ability to perform obligations under this agreement, which shall include but
not be limited to:

i. Acts of God i.e. fire, drought, flood, earthquake, epidemics, pandemic, natural
disasters etc.

ii. Explosions or accidents, air crashes and shipwrecks, act of terrorism.

iii. Strikes or lock outs, industrial dispute, curfew and restrictions by the adminis-
tration due to law-and-order situations.

iv. Non-availability of cement, steel or other construction material due to strikes of


manufacturers, suppliers, transporters or other intermediaries or due to any rea-
son whatsoever.

v. War and hostilities of war, riots, revolts, mutiny, or civil commotion

vi. The promulgation of or amendment in any law, rules or regulations or the issue
of any injunction, court order or direction from any governmental authority that
prevents or restricts the party/company from complying with any or all the
terms and conditions as agreed in this Allotment; or

vii. any legislation, order or rule or regulation made or issued by the Govt. or any
other authority or if any competent authority(ies) refuses, delays, withholds, de-
nies the grant of necessary approvals for the Project/Building or if any matters,
issues relating to such approvals, permissions, notices, notifications by the com-
petent authority(ies) become subject matter of any suit/writ before a competent
court or; for any reason whatsoever.

22. ENTIRETY AND SEVERABILITY:

This Agreement, including the Annexures, constitutes the entire agreement between the
Lessor and the Lessee with respect to the Schedule- B Property and supersedes any other

Page 25 of 37
prior oral or written communications, representations or statements with respect to the
transaction contemplated in this Agreement. This Agreement may not be modified,
altered or amended in any manner except by an Agreement in writing executed by
authorized signatories of both the Parties. If a court finds any provision of this Agreement
to be invalid, the remainder of this Agreement will be valid, enforceable and effective.

23. AUTHORITY:

Each Party represents and warrants to the other that it has full right and absolute
authority to enter into this Agreement and by doing so violates no existing agreement or
indenture to which it is a party or by which it is bound or affected. Each Party further
represents and warrants to the other that the execution and delivery of this Agreement
has been duly authorized by its Board of Directors, if applicable.

24. BINDING OBLIGATIONS:

This Agreement and all rights and duties hereunder shall inure to the benefit of, and be
binding upon, the Lessor and the Lessee and their respective representatives,
administrators, executors, successors and assigns.

25. CONFIDENTIALITY:

Neither Party shall use or disclose, other than for the sole purpose of performing their
respective obligations under this Agreement, any secret or Confidential Information
relating to either the Lessor or the Lessee or to any of its affiliates or associates which may
be disclosed either to the Lessor or the Lessee by the other party or which may be
acquired by either of the Party during the course of this Agreement, except to the affiliates
and financial, legal or technical advisors of either Party.

The term ‘Confidential Information' shall mean non-public information and items that
either Party may designate as being confidential, or which under the circumstances of
disclosure ought to be treated as confidential. 'Confidential Information' includes without

Page 26 of 37
limitation the following in any form: (a) the terms and conditions of this Agreement, (b)
the Lessee or the Lessor’s business policies and practices, (c) the Lessee or the Lessor’s
customer and supplier lists, (d) information received from third parties that Lessee or the
Lessor are obligated to treat as confidential, (e) intellectual property created by or on
behalf of Lessee in connection with performing all its obligations under this Agreement.

26. MISCELLANEOUS TERMS:

26.1 All letters, receipts or notices issued by the Lessor dispatched under Certificate of
Posting/Registered Post Acknowledgement due to the address of the Lessee given in this
Agreement or to through email correspondences will be sufficient proof of service thereof
on the Lessee and shall effectively discharge the Lessor from the obligations to issue any
further notice.

In case there are Joint Allottees all communications shall be sent by the Promoter to the
Allottee whose name appears first and at the address given by him/her which shall for all
intents and purposes to consider as properly served on all the Allottees.

26.2 No change, variation or modification of any of the terms and conditions set forth herein
shall be valid unless incorporated as an amendment to this Agreement and signed by
both the Parties.

26.3 The Parties hereto agree that in the event of there being any delay in or indulgence shown
by either of the Parties with regard to the enforcement of any of the terms of this
Agreement the same shall not be construed as a waiver on the part of the Party showing
such indulgence or tolerance or any indulgence or forbearance shall not be deemed to be
a waiver of the rights and the parties shall be entitled to enforce such right without
prejudice to such indulgence or tolerance shown.

26.4 In the event that any provision of this Agreement or any of the conditions of them are
declared by any judicial or other competent authority to be void, voidable, illegal or
otherwise unenforceable or indication of the same are received by either of the Parties of
any relevant competent authority, the Parties shall amend the provision in such
reasonable manner as achieves the intention of the Parties without illegality or at the
discretion of the Parties it may be severed from this Agreement and the remaining

Page 27 of 37
provisions of this Agreement shall remain in full force.

26.5 The Parties acknowledge that this Agreement and these conditions contain the whole
Agreement between the parties and supersede all the previous letters, correspondences,
writings, etc. between the parties.

26.6 The covenants, rights and obligations of the Parties expressed in this Agreement shall
govern the Parties.

26.7 The covenants and undertaking given by the Lessor and the Lessee shall also be
incorporated in the sale deed and association declaration (if any formed).

26.8 The Courts in Uttar Pradesh alone shall have jurisdiction over this Agreement.

26.9 Each party will bear its own legal fees/costs

27. DISPUTE RESOLUTION:

Any dispute or difference between the Parties with regard to this Agreement and all
connected and related matters whatsoever shall be discussed and settled amicably. In the
event of any failure to resolve the disputes or differences amicably, all such disputes or
differences whatsoever shall be referred to the sole arbitrator appointed by the Parties
whose decision shall be final and binding on both the Parties. The Arbitration
proceedings shall be conducted in English and in accordance with the provisions of the
Arbitration and Conciliation Act, 1996 or any statutory modification or enactment thereof.
The venue of arbitration shall be Delhi.

Lessor Lessee

WITNESSES:

1)

2)

Page 28 of 37
Schedule- A
Project: Iris Broadway Greno West
Name of Lessee: Mr. Ravi Ranjan
Type of Unit: Part of Anchor Space
Unit No. LA-105B (Lower Ground Floor)

1. Name, address and Corporate Identity : M/s Ruvik Buildtech Private Limited
Number of Lessor/Developer Reg off: 1, Ist Floor, Basantlok Community
Centre, Vasant Vihar, New Delhi-110057

Corp Off : 152, 5th floor, Wing-A, Corenthum,


A-41, Sector-62, Gautam Budh Nagar, UP-
201301

CIN : U45309DL2020PTC359873

GSTIN: 09AAKCR0104M1ZB
PAN-AAKCR0104M

Page 29 of 37
2. Name, address and Corporate Identity : Not applicable
Number of Confirming Party, if any

3. Name, address and Unique Identification : Mr. Ravi Ranjan S/o Sh. Awadhesh
Number of Lessee(s) Sharma
R/o – C-275, GRD Floor, Block –C,
Paramount Golf Foreste, Zeta-1, Greater
Noida, Gautam Buddha Nagar, Uttar
Pradesh - 201311
PAN – APBPR7712N
Aadhar No- 4483 2841 0263

Details of Project

4. Particulars of Land : C-2, Sector- Echotech-XII, Greater Noida West in


Tehsil-Dadri,
5. Name of District and State wherein Land : District Gautam Budh Nagar, Uttar Pradesh
is situated

6. Name of the authority who allotted the : Greater Noida Industrial Development Authority
land (GNIDA)
(Land Allotting Authority)

7. Name, address and Unique Identification : M/s Ruvik Buildtech Private Limited
Number of Owner(s) of land Reg off: 1, Ist Floor, Basantlok Community
Centre, Vasant Vihar, New Delhi-110057

Corp Off : 152, 5th floor, Wing-A, Corenthum,


A-41, Sector-62, Gautam Budh Nagar, UP-
201301

8. Particulars of owner’s title documents : Allotment letter no:


Commercial/CPS-VIII/Allot/2019/3211
dated 05.12.2019 and Lease Deed dated 04 th
December 2020, by Greater Noida Industrial
Development Authority (Lessor) on lease
hold basis duly registered with the office of
Sub-Registrar-Dadri, Gautam Budh Nagar,
U.P. as Registered Document No 23793, in
Book No 1, Volume No 16416, at pages No
1 to 52, dated 07/12/2020
9. Nature of Owner’s interests in land : Leasehold

10. If owner’s interests in land are : 03.12.2110 (Third December Two Thousand
‘Leasehold’, date when owner’s lease One Hundred Ten)
will expire

11. Permissible usage of land : Commercial

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12. Whether there will be single project or : Multiple. Building will be constructed in Phases
multiple projects on land (Floor-Wise) having different RERA
Registration. Though there will be common
building plans for the whole building, different
floors of the same building shall be constructed in
different phases, which have been registered as
separate projects with Real Estate Regulatory
Authority. Lessee understands that there will be
services, facilities and amenities which will be
common to all these phases/floors.

13. Name of Project wherein subject matter : Iris Broadway Greno West
unit being agreed to be sold to Lessee
will be situated.

14. Area of Land whereon project is being : 14000.00 Square Meters (this is common land for
developed all phases/projects, as mentioned in Serial no 12,
above).

Layout plans and building plans

15. Particulars of Authority, who has : Greater Noida Industrial Development Authority
approved building plans for the Project

16. Particulars of document by which : Building Plan Sanction Letter No: PLG/BP/SM-
building plans have been approved 13-May-2021:11053 dt. 25/03/2022

Particulars of RERA Authority

17. Name of RERA Authority where Project : Uttar Pradesh Real Estate Regulatory Authoriy
has been registered

18. Number at which project is registered : RERA No: UPRERAPRJ673874


with RERA Authority

19. Date of Registration : 01st April 2022

20. Date of Completion of Project as per : 05th June 2026 (Ist Phase) or any extension
RERA Registration as well as date of thereof
offer of possession of Unit by Lessor

Page 31 of 37
Lessor Lessee

SCHDULE-B
Particulars of Unit agreed to be sold to Lessee
Project: Iris Broadway Greno West
Name of Lessee: Mr. Ravi Ranjan
Type of Unit: Part of Anchor Space
Unit No. LA-105B (Lower Ground

1(a) Unit Number and Floor Number : LA-105B (Lower Ground Floor)
1(b) Tower/Block/Building Number :
1(c) Project Name : Iris Broadway Greno West
1(d) Location of Project : C-2, Sector- Echotech-XII, Greater Noida in
Tehsil, District Gautam Budh Nagar, Uttar
Pradesh-201310
1(e) Size of Unit : Carpet Area (in Square Feet) 56.16
Super Area (in Square Feet) 123.98

1(f) Nature of Ownership which Lessee get : Leasehold


(Freehold/Leasehold)

1(g) If nature of Lessee’s ownership is : 03rd December, 2110


‘Leasehold’, date on which Lessees

Page 32 of 37
lease/sub-lease will expire

1(h) Purpose for which Unit may be used : Retail (Commercial)


(subservient to the main purpose of usage
of Land)
1(i) Purpose for which Lessee is taking : Earning Rent
allotment (for self use or for earning rent
through sub-leasing)

Lessor Lessee

Schedule-C
Project: Iris Broadway Greno West
Name of Lessee: Mr. Ravi Ranjan
Type of Unit: Part of Anchor Space
Unit No. LA-105B (Lower Ground
Consideration Payable by Lessee

GST (as per rate pre-


: Consideration vailing on date of
1 Head of Charge agreement)
Amount Amount
Rate Rate
(Rs.) (Rs.)
Basic Sale Price (BSP) 123.98 sq ft (Super
Area ) 24,58 30,48 3,6
1(a) : 12%
9.28 ,579.00 5,830.00
(Rates are Per Square Feet of Super Area)

1(b) Preferential Location Charges (PLC) 12%


- - -
1(c) Proportionate Charges for Electrical Infra- : 2 30 18%
structure (transformers and power back up in- 50.00 ,995.00 5,579.00
stallation), STP and Fire Fighting Infrastruc-
ture (ECC & FEC)

Page 33 of 37
(Rates are Per Square Feet of Super Area)
One Time Lease Rental (LR) 4 49
1(d) : 18%
(Rates are Per Square Feet of Super Area) 00.00 ,592.00 8,927.00

Charges, per car, for development of car park-


1(e) : Nil Nil Nil Nil
ing area (payable one time)

Other charges, if any :

Essential Utility Charges [EUC] 18%


- - -
25,00 25
Power Backup : for One (1) KVA 18%
0.00 ,000.00 4,500.00
1(f) Electric Meter @ Rs. 15,000/- per KVA for … 15,0 30
18%
2…KVA 00.00 ,000.00 5,400.00

Sinking Fund (SF) 18%


50.00 6,199.00 1,116.00
Interest Free Maintenance Deposit (Non-Re-
fundable, Non Adjustable, Not Transferable) 0%
50.00 6,199.00 -
(IFMS)
Basic--- 31,96,564. 3,91,35
Total Price (in Rupees), payable by Lessee Tax--->
> 00 2.00
1(g) (Inclusive of Tax at rate prevailing on date of
35,87,9
agreement) :
16.00
Rate Per Square Feet of Carpet Area-56.16 sq
63,8
2 ft (in Rupees) (Inclusive of Tax at rate prevail- :
87.39
ing on date of agreement)
Ruvik Buildtech Private Limited-Collection
A/c
Name in whose favour Lessee shall issue
3 :
Cheques/Drafts for payment of money
IFSC: UTIB0000723
Axis Bank Ltd, Sec-62, Noida

At Corp Office: 152, 5th floor, Wing-A,


Place where Cheques/Drafts for payment of
4 : Corenthum, A-41, Sector-62, Gautam Budh
money by Lessee to Lessor shall be payable
Nagar, UP-201301

Tentative date of completion of construction


5 : 05th June 2026
of unit

Information about encumbrances if any.

6 Cost of Land is to be paid to Land Allotting Authority in Installments, which Lessor will pay in due

Page 34 of 37
course.
Additional information/disclosures, if any, made by
Lessor

Lessor Lessee

SCHEDULE D
PAYMENT PLAN
Project: Iris Broadway Greno West
Name of Lessee: Mr. Ravi Ranjan
Type of Unit: Part of Anchor Space
Unit No. LA-105B (Lower Ground Floor)

CONSTRUCTION LINKED PAYMENT PLAN


STAGE OF PAYMENT PAYMENT TERMS
a) On Booking/Application: BSP + PLC [Including GST ]
Rs 3,41,441.00

b) Within 45 Days from the date of BSP + PLC [Including GST ]


Agreement to Sale/Sub-Lease Rs. 27,31,527.00

c) On Application of Occupation BSP + PLC [Including GST ]


Rs 3,41,441.00

d) On Offer of Possession Rs. 1,73,507.00 [Including GST ]

Against Lease Rent (LR) , Fire Fighting Equipment Charges


(FEC) & External Electrification charges (EEC) + Essential
Utility Charges [EUC] +Power Backup Charges +
Electricity
Meter Charges + IFMS & Sinking Fund (SF)

Page 35 of 37
* The charges mentioned above are inclusive of GST and any other Taxes as may be applicable time to time
will be extra from the above.

* Registration + Stamp Duty Charges + Any Other Statutory duties payable to government/ local authority
and any other association will be borne by Lessees.

* If the Property Value is on or above 50 Lakhs (Rupees Fifty Lakh Only), the Lessees require to deduct
1% TDS of the taxable amount paid to the Lessor at the time of payment and deposit the same and submit
the challan & acknowledgement / tds certificate to the Lessor to get the amount credited against dues.

Lessor Lessee

Page 36 of 37
Lessor Lessee

Page 37 of 37

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