Common use of Consideration Payment Clause in Contracts

Consideration Payment. 4.1 In lieu of the consideration mentioned in the THIRD SCHEDULE hereto (hereinafter referred to as the “Consideration Amount”) to be paid by the Purchasers to the Developer in the manner also set out in the Third Schedule, the Developer agrees to sell to the Purchasers the said Flat described in the SECOND SCHEDULE, it being recorded that the Purchaser/s has/have informed the Developer that such payment schedule is more convenient to the Purchaser. 4.2 The Purchaser/s has/have also agreed to pay to the Developer in addition to the consideration amount hereinabove mentioned, proportionately all applicable statutory outgoing and expenses including the Service Tax or GST in full. 4.3 In addition to the aforesaid consideration amount, the Purchasers shall also pay to the Developer extra amounts and deposits as described under the SIXTH SCHEDULE hereto and also the costs of obtaining and providing the electric meter and electricity connection at the said Flat. 4.4 The Purchasers may at his own risk, cost and consequences may obtain a home loan from any recognized Bank or Financial Institution for which the Developer may issue a consent letter, but without any liability attaching to or upon the Developer and in case of cancellation of this Agreement the Developer in such case would refund the part consideration received without any interest or other liability. 4.5 In case of such a cancellation of this Agreement the Developer would refund only the amount lying with it after deducting the cancellation charges more fully mentioned in 7.1 herein below mentioned, to the concerned Bank or Financial Institution and only the balance remaining if any to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected and deposited would be treated as refundable. 4.6 In case the purchaser(s) desire to nominate any other person or party to acquire the said flat, the purchaser may so but after adhering to the following terms and conditions:- i) That the agreement has not been cancelled. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing to pay to the developer a transfer fee for accepting the nomination @ 1% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months from the date of the present agreement.

Consideration Payment. 4.1 In (a) The aggregate Purchase Price by Purchaser for the purchase of the Acquired Assets shall be: (i) the assumption of Assumed Liabilities, (ii) the credit bid of 100% of the Loan Agreement Indebtedness (t Credit Bid A mount Credit Bid Portion which amount shall be satisfied by discharging all Loan Agreement Indebtedness pursuant to section 363(k) of the Bankruptcy Code and (iii) an amount in cash equal to the amount set forth - in the Wind-Down Budget (th Wind-Down Amount ). At the Closing, in lieu of paying all or any portion of the consideration mentioned Wind-Down Amount, Purchaser may, by delivery of a written notice to Sellers at least two (2) Business Days prior to the Closing Date, instruct Sellers to retain a portion of, and not to exceed, the cash expected to be actually held at Closing by Sellers (net of written but uncashed checks) in an amount set forth in such notice and such cash shall dollar for dollar basis, the THIRD SCHEDULE hereto (hereinafter referred to as the “Consideration Amount”) Wind-Down Amount to be paid by Purchaser at the Purchasers Closing. (b) In accordance with S ection 2.1(a), Purchaser shall satisfy the Purchase Price at the Closing as to the Developer Credit Bid Portion by discharging Sellers, and Sellers shall be deemed to be discharged, from the Loan Agreement Indebtedness in the manner also set out in the Third Schedule, the Developer agrees to sell an aggregate amount equal to the Purchasers Credit Bid Amount (for the said Flat described in avoidance of doubt, any Encumbrance and security interest of Purchaser on any asset of Sellers that is not an asset being purchased by Purchaser pursuant to this Agreement shall not be released and will continue to secure the SECOND SCHEDULE, it being recorded that remaining outstanding amount of the Purchaser/s has/have informed the Developer that such payment schedule is more convenient Loan Agreement Indebtedness). (c) Notwithstanding anything to the Purchaser. 4.2 The Purchaser/s has/have also agreed to pay to the Developer contrary in addition to the consideration amount hereinabove mentioned, proportionately all applicable statutory outgoing and expenses including the Service Tax or GST in full. 4.3 In addition to the aforesaid consideration amount, the Purchasers shall also pay to the Developer extra amounts and deposits as described under the SIXTH SCHEDULE hereto and also the costs of obtaining and providing the electric meter and electricity connection at the said Flat. 4.4 The Purchasers may at his own risk, cost and consequences may obtain a home loan from any recognized Bank or Financial Institution for which the Developer may issue a consent letter, but without any liability attaching to or upon the Developer and in case of cancellation of this Agreement the Developer in such case would refund the part consideration received without any interest or other liability. 4.5 In case of such a cancellation of this Agreement the Developer would refund only the amount lying with it after deducting the cancellation charges more fully mentioned in 7.1 herein below mentionedAgreement, to the concerned Bank or Financial Institution and only extent that the balance remaining if actual amount paid by Sellers to wind down the bankruptcy estate of Sellers for the aggregate amount of any to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected and deposited would be treated as refundable. 4.6 In case the purchaser(s) desire to nominate any other person or party to acquire the said flat, the purchaser may so but after adhering to the following terms and conditions:- (i) That the agreement has not been cancelled. iiclaims asserted pursuant to Section 503(b)(9) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing to pay to the developer a transfer fee for accepting the nomination @ 1% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months from the date of the present agreement.Bankruptcy Code,

Consideration Payment. 4.1 In lieu of the (a) The aggregate consideration mentioned in the THIRD SCHEDULE hereto (hereinafter referred to as collectively, the “Consideration AmountPurchase Price”) to be paid by by, or on behalf of, Purchaser for the Purchasers purchase of the Acquired Assets shall be: (i) the assumption of Assumed Liabilities (including, for the avoidance of doubt, the Assumed Revolver Obligations), (ii) the Credit Bid in an amount equal to $53,800,000 of the Prepetition Revolving/Term Loan Debt (the “Credit Bid Amount”, and such portion of the Purchase Price, the “Credit Bid Portion”) to be paid to the Developer Credit Sellers in consideration for the manner also set out Credit Acquired Assets, and (iii) solely in respect of the Third ScheduleCash Acquired Assets cash, in an amount equal to $15,500,000 plus the Bridge Payoff Amount minus Estimated Closing Cash (such portion of the Purchase Price, the Developer agrees “Cash Consideration”) to sell be paid to the Purchasers Cash Consideration Sellers in consideration for the said Flat described in acquisition of the SECOND SCHEDULE, it being recorded Cash Acquired Assets; provided that the Purchaser/s has/have informed Bridge Payoff Amount shall be used to pay all outstanding obligations under the Developer that such payment schedule is more convenient Bridge Loan Credit Agreement (the “Bridge Loan Secured Obligations”). (b) In accordance with Section 2.1(a)(ii), Purchaser shall satisfy the Purchase Price at the Closing as to the Purchaser. 4.2 The Purchaser/s has/have also agreed Credit Bid Portion by discharging Credit Sellers of the Credit Bid Amount, and, effective as of the Closing, Credit Sellers shall be deemed to pay be discharged, from the Credit Agreement in an aggregate amount equal to the Developer in addition Credit Bid Amount (for the avoidance of doubt, any Encumbrance and security interest of Purchaser on any Encumbered Asset that is not an asset being purchased by Purchaser pursuant to this Agreement shall not be released and will continue to secure the consideration remaining outstanding amount hereinabove mentioned, proportionately all applicable statutory outgoing and expenses including of the Service Tax or GST in full. 4.3 In addition to the aforesaid consideration Credit Agreement (such remaining outstanding amount, the Purchasers “Remaining Prepetition Debt” )). (c) In accordance with Section 2.1(a)(iii), Purchaser shall also pay first satisfy the Purchase Price at the Closing as to the Developer extra Cash Consideration by paying all Bridge Loan Secured Obligations as of the Closing Date in an amount equal to the Bridge Payoff Amount in full and final satisfaction thereof. The remaining Cash Consideration after payment of the Bridge Loan Secured Obligations shall (i) fund the Carve-Out, (ii) pay $2,500,000 on behalf of Purchaser (which amount, for the avoidance of doubt, is part of the Cash Consideration and shall not be reimbursed by Purchaser) to the Pension Benefit Guaranty Corporation for full release of any and all claims that it has against the Sellers, their Subsidiaries (including all Acquired Entities), Purchaser and Credit Agreement Lenders in respect of their pension Liabilities and (iii) to pay such amounts required by the Cash Consideration Sellers as consideration for the purchase of the other Cash Consideration Assets as provided for herein on or before the Closing. The remaining Cash Consideration after payment of the Bridge Loan Secured Obligations and deposits as described under the SIXTH SCHEDULE hereto payments in the immediately preceding sentence shall remain to the Debtors’ bankruptcy estates to pay other administrative claims and also to fund to the costs extent sufficient, the confirmation of obtaining a plan of liquidation and providing the electric meter orderly wind down of the Debtors assets and electricity connection at the said Flattheir retained Subsidiaries. 4.4 The Purchasers may (d) Any payment required to be made pursuant to any other provision hereof shall be made in cash by wire transfer of immediately available funds to such bank account as shall be designated in writing by the applicable Party to (or for the benefit of) whom such payment is to be made at his own risk, cost and consequences may obtain a home loan from any recognized Bank or Financial Institution for which the Developer may issue a consent letter, but without any liability attaching to or upon the Developer and in case of cancellation of this Agreement the Developer in such case would refund the part consideration received without any interest or other liability. 4.5 In case of such a cancellation of this Agreement the Developer would refund only the amount lying with it after deducting the cancellation charges more fully mentioned in 7.1 herein below mentioned, least five (5) Business Days prior to the concerned Bank or Financial Institution and only the balance remaining if any date such payment is to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected and deposited would be treated as refundablemade. 4.6 In case the purchaser(s) desire to nominate any other person or party to acquire the said flat, the purchaser may so but after adhering to the following terms and conditions:- i) That the agreement has not been cancelled. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing to pay to the developer a transfer fee for accepting the nomination @ 1% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months from the date of the present agreement.

Consideration Payment. 4.1 In lieu of the (a) The aggregate consideration mentioned in the THIRD SCHEDULE hereto (hereinafter referred to as collectively, the “Consideration AmountPurchase Price”) to be paid by Purchaser for the Purchasers purchase of the Acquired Assets shall be: (i) the assumption of Assumed Liabilities, (ii) the credit bid of 100% of the Loan Agreement Indebtedness (the “Credit Bid Amount”) (such portion of the Purchase Price, the “Credit Bid Portion”) which amount shall be satisfied by discharging all Loan Agreement Indebtedness pursuant to section 363(k) of the Bankruptcy Code and (iii) an amount in cash equal to the Developer amount set forth opposite “Total Wind-Down Budget Amount” in the manner also set out Wind-Down Budget (the “Wind-Down Amount”). At the Closing, in lieu of paying all or any portion of the Third ScheduleWind-Down Amount, Purchaser may, by delivery of a written notice to Sellers at least two (2) Business Days prior to the Closing Date, instruct Sellers to retain a portion of, and not to exceed, the Developer agrees cash expected to sell be actually held at Closing by Sellers (net of written but uncashed checks) in an amount set forth in such notice and such cash shall constitute “Excluded Cash” hereunder and reduce, on a dollar for dollar basis, the Wind-Down Amount to be paid by Purchaser at the Closing. (b) In accordance with Section 2.1(a), Purchaser shall satisfy the Purchase Price at the Closing as to the Purchasers Credit Bid Portion by discharging Sellers, and Sellers shall be deemed to be discharged, from the said Flat described Loan Agreement Indebtedness in the SECOND SCHEDULE, it being recorded that the Purchaser/s has/have informed the Developer that such payment schedule is more convenient an aggregate amount equal to the PurchaserCredit Bid Amount (for the avoidance of doubt, any Encumbrance and security interest of Purchaser on any asset of Sellers that is not an asset being purchased by Purchaser pursuant to this Agreement shall not be released and will continue to secure the remaining outstanding amount of the Loan Agreement Indebtedness). 4.2 The Purchaser/s has/have also agreed to pay (c) Notwithstanding anything to the Developer contrary in addition to the consideration amount hereinabove mentioned, proportionately all applicable statutory outgoing and expenses including the Service Tax or GST in full. 4.3 In addition to the aforesaid consideration amount, the Purchasers shall also pay to the Developer extra amounts and deposits as described under the SIXTH SCHEDULE hereto and also the costs of obtaining and providing the electric meter and electricity connection at the said Flat. 4.4 The Purchasers may at his own risk, cost and consequences may obtain a home loan from any recognized Bank or Financial Institution for which the Developer may issue a consent letter, but without any liability attaching to or upon the Developer and in case of cancellation of this Agreement the Developer in such case would refund the part consideration received without any interest or other liability. 4.5 In case of such a cancellation of this Agreement the Developer would refund only the amount lying with it after deducting the cancellation charges more fully mentioned in 7.1 herein below mentionedAgreement, to the concerned Bank extent that the actual amount paid by Sellers to wind down the bankruptcy estate of Sellers for the aggregate amount of any (i) claims asserted pursuant to Section 503(b)(9) of the Bankruptcy Code, (ii) Taxes, (iii) fees and expenses of professionals engaged by Sellers, or Financial Institution (iv) other amounts contemplated by the Wind-Down Budget (including administrative and only the balance remaining if any priority claims not assumed by Purchaser), in each case, to the Purchasers. Under no circumstance any govt. duesextent set forth therein and, levy in each case, whether due to settlement or service tax collected and deposited would be treated as refundable. 4.6 In case otherwise is less than the purchaser(s) desire to nominate any other person or party to acquire Wind-Down Amount (the said flatamount of such difference, the purchaser may so but after adhering “Wind-Down Adjustment Amount”), the Purchaser shall be entitled to receive the Wind-Down Adjustment Amount, and, promptly following the determination of such amount (and in no event later than two (2) Business Days following such determination), Sellers shall deliver, or cause to be delivered, to Purchaser an aggregate amount equal to the following terms and conditions:- i) That the agreement has not been cancelled. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, Wind-Down Adjustment Amount in cash by wire transfer of immediately available funds to such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing to pay to the developer a transfer fee for accepting the nomination @ 1% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee bank account as shall be a further 2% of the consideration mentioned hereindesignated in writing by Purchaser. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months from the date of the present agreement.

Consideration Payment. 4.1 5.1 In lieu consideration of the aforesaid the Buyer has agreed to make payment of an aggregate sum of Rs. …………../- (………………………..) (hereinafter called the CONSIDERATION AMOUNT which amount includes the cost of construction of the said Flat, common parts and facilities and also includes 12% GST). 5.2 The said consideration amount to be paid in respect of the said Flat shall be paid in the manner provided for in the FOURTH SCHEDULE hereunder written. 5.3 The entirety of the consideration mentioned in the THIRD SCHEDULE hereto (hereinafter referred to as the “Consideration Amount”) to amount will be paid by the Purchasers to the Developer in the manner also set out in the Third Schedule, the Developer agrees to sell Seller and all amounts paid to the Purchasers Seller shall be a complete discharge of the obligation of the Buyer to make payment under this agreement and/or in respect of the said Flat described in the SECOND SCHEDULE, it being recorded that the Purchaser/s has/have informed the Developer that such payment schedule is more convenient Flat. 5.4 In addition to the Purchaser. 4.2 The Purchaser/s has/have aforesaid consideration the Buyer has also agreed to pay to the Developer Seller charges if any in addition respect of: i) Charges for providing any additional work in and/or relating to the consideration amount hereinabove mentioned, proportionately all applicable statutory outgoing said Flat at the request of the Buyer and expenses including for providing any additional facilities or utility for the Service Tax or GST in fullsaid Flat shall be paid borne and discharged by the Buyer. 4.3 In addition ii) All betterment fees taxes and other levies charges imposed by the Government or any other authority relating to the aforesaid consideration amount, the Purchasers shall also pay to the Developer extra amounts and deposits as described under the SIXTH SCHEDULE hereto and also the costs of obtaining and providing the electric meter and electricity connection at said Premises and/or the said FlatFlat shall be paid and borne by the Buyer proportionate to his/ her/ its interest therein. 4.4 The Purchasers may at his own risk, cost and consequences may obtain a home loan from 5.5 Time for payment shall always remain as the essence of the contract. In the event of any recognized Bank or Financial Institution for which default on the Developer may issue a consent letter, but without part of the Buyer in making payment of any liability attaching of the amounts agreed to or upon the Developer and be paid in case of cancellation terms of this Agreement the Developer in such case would refund Seller shall be entitled to claim interest at the rate of 18% per annum on the amount remaining outstanding subject to what is hereinafter appearing. 5.6 In the event of any default on the part consideration received without of the Buyer in making payment of any interest or other liability. 4.5 In case of such a cancellation the amounts in terms of this Agreement and if such default shall continue for a period of Sixty days from the Developer would refund only same becoming due the Seller shall be entitled to and are hereby authorized to determine and/or rescind this Agreement and forfeit a sum equivalent to ten percent of the consideration amount lying with it after deducting as and by way of predetermined liquidated damages and the cancellation charges more fully mentioned in 7.1 herein below mentioned, Buyer hereby consents to the concerned Bank or Financial Institution same and only refund the balance remaining if upon the Seller entering into an agreement for sale with another person in respect of the said Flat. Upon such termination the Buyer shall cease to have any right or claim under this Agreement and/or in respect of the said Flat and the Seller shall be entitled to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected enter into agreements for sale and deposited would be treated as refundable. 4.6 In case the purchaser(s) desire to nominate transfer with any other person or party persons without any claim on the part of the Buyer and the Buyer hereby consents to acquire the same. Any amount, which is refundable to the Buyer, by the Seller, on account of cancellation of the Agreement, shall be refundable after the unit/flat is allotted to some other intending Buyer, on completion of necessary formalities and on receipt of respective payments from intending Buyer. 5.7 The Buyer agrees and covenants not to claim any right or possession over and in respect of the said flatFlat till such time the Buyer has made and/or deposited all the amounts herein agreed to be paid or deposited by the Buyer. 5.8 It is hereby agreed and declared that the Buyer has agreed and committed himself/herself/itself to make payment of the amounts payable in terms or these presents and it shall not be obligatory or necessary on the part of the Seller to serve any notice or demand on the Buyer. 5.9 In the event of the Seller providing any additional materials facilities or gadgets over and above what has been agreed upon for the benefit of the residents of the said building and/or Housing Complex the Buyer shall be liable to make payment of the proportionate share in respect thereof and the same shall form part of the common portions. However, whether such additional facilities or amenities are to be provided for will be entirety at the purchaser may so but after adhering sole discretion of the Seller and the Buyer hereby consents to the following terms and conditions:- i) That the agreement has not been cancelledsame. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing 5.10 The Buyer shall be liable to pay to interest on the developer a transfer fee for accepting the nomination amount due @ 118% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months per annum from the date on which the amount falls due, to the date of payment, both days inclusive. All payments received will be first applied towards applicable interest and other dues, if any, and thereafter towards the present agreementinstallments.

Consideration Payment. 4.1 6.1 In lieu consideration of the aforesaid and subject to due performance by the Seller of each of its covenants, undertakings and obligations, the Purchaser has agreed to pay to the Vendor a sum of Rs. 12,53,15,000/- (Rupees Twelve Crores Fifty Three Lakhs and Fifteen Thousand only) (hereinafter called the TOTAL CONSIDERATION AMOUNT) which amount includes the cost of construction of the said Unit, the open terrace, common parts and facilities and also the consideration mentioned for the abovementioned 5 (five) numbers of covered Parking Spaces. At or before the execution of this Agreement the Purchaser has paid to the Seller a sum of Rs.75276768/- (Rupees Seven Crores Fifty Two Lac Seventy Six Thousand Seven Hundred Sixty Eight only) inclusive of Service Tax/GST towards part payment of the Total Consideration Amount (the receipt whereof the Seller doth hereby as also by the Memo hereunder written admits and acknowledges), with the balance of the Total Consideration Amount to be paid in the THIRD manner provided for in the FOURTH SCHEDULE hereto (hereinafter referred to hereunder written. 6.3 Time for payment of the said Total Consideration Amount is and shall always remain as the “Consideration Amount”) essence of the contract. 6.4 The Purchaser shall regularly and punctually make payment of the various amounts agreed to be paid by the Purchasers Purchaser to the Developer Seller in terms of this Agreement within the manner also set out time as agreed and stipulated herein and it will not be necessary on the part of the Seller to give any notice and in any event the Third SchedulePurchaser waives the right to receive such notice. 6.5 In addition to the Total Consideration Amount agreed to be paid by the Purchaser to the Seller in terms of this Agreement, the Developer agrees Purchaser has agreed and obligated himself/herself/itself to sell make payment of the Additional Amounts (as detailed in PART - I and PART - II of the FIFTH SCHEDULE hereunder written), and all such additional payments must be paid on or before the Possession Date. 6.6 Charges for providing any additional work in and/or relating to the Purchasers said Unit at the request of the Purchaser and for providing any additional facilities or utility for the said Flat described in the SECOND SCHEDULE, it being recorded that the Purchaser/s has/have informed the Developer that such payment schedule is more convenient to Unit shall be paid borne and discharged by the Purchaser. 4.2 The Purchaser6.7 All betterment fees taxes and other levies charges imposed by the Government or any other authority relating to the said ▇▇▇▇▇▇▇▇ and/or the said Unit shall be paid and borne by the Purchaser proportionate to his/s has/have also her/ its interest therein save and except those arising from and/or pertaining to and/or connected with any development and/or improvement carried out by the Seller in pursuance of any modification, alteration etc. of the Plan as sanctioned by all the concerned authorities. 6.8 Time for payment shall always remain as the essence of the contract. In the event of any default on the part of the Purchaser in making payment of any of the amounts agreed to pay be paid in terms of this Agreement, the Seller shall be entitled to claim interest at the Developer in addition rate of 15% (fifteen percent) per annum on the amount remaining outstanding subject to the consideration amount hereinabove mentioned, proportionately all applicable statutory outgoing and expenses including the Service Tax or GST in fullwhat is hereinafter appearing. 4.3 6.9 In addition to the aforesaid consideration amount, event of any default on the Purchasers shall also pay to part of the Developer extra Purchaser in making payment of any of the amounts and deposits as described under the SIXTH SCHEDULE hereto and also the costs of obtaining and providing the electric meter and electricity connection at the said Flat. 4.4 The Purchasers may at his own risk, cost and consequences may obtain a home loan from any recognized Bank or Financial Institution for which the Developer may issue a consent letter, but without any liability attaching to or upon the Developer and in case of cancellation terms of this Agreement and if such default shall continue for a period of 90 (ninety) days from the Developer in such case would same becoming due, the Seller shall be entitled, upon prior 15 (fifteen) days’ written notice to the Purchaser, to and is hereby authorised to determine and/or rescind this Agreement and forfeit a sum equivalent to 10% (ten percent) of the Total Consideration Amount as and by way of predetermined liquidated damages, and the Purchaser hereby consents to the same, and the Seller shall and undertakes to refund the part consideration received without any interest or balance of the Total Consideration Amount and all other liability. 4.5 In case amounts paid/deposited by the Purchaser to/with the Seller and/or at the instructions of such the Seller including but not limited to the Additional Payments, within a cancellation maximum period of 45 ( Forty Five) days from the date of termination of this Agreement Agreement, or earlier if the Developer would Seller enters into an agreement for sale with another person in respect of the said Unit, whereupon the Seller undertakes to refund only the amount lying aforesaid sums within 30 (Thirty) days from the date on which such fresh agreement is entered into. Upon such termination the Purchaser shall cease to have any right or claim in respect of the said Unit save and except the right to receive and claim refund of the aforesaid amounts, and the Seller shall be entitled to enter into an agreement for sale and transfer in respect of the Said Unit with it after deducting the cancellation charges more fully mentioned in 7.1 herein below mentioned, to the concerned Bank or Financial Institution and only the balance remaining if any to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected and deposited would be treated as refundable. 4.6 In case the purchaser(s) desire to nominate any other person or party persons and the Purchaser and the Seller hereby consent to acquire the same. 6.10 The Purchaser agrees and covenants not to claim any right or possession over and in respect of the said flatUnit till such time the Purchaser has made and/or deposited all the amounts herein agreed to be paid or deposited by the Purchaser. 6.11 In the event of the Seller being desirous of providing any additional materials, facilities or gadgets over and above what has been agreed upon for the benefit of the residents of the Building, then subject to the Purchaser consenting to the same, the purchaser may so but after adhering Purchaser shall be liable to make payment of the Proportionate share in respect thereof, and such additional materials, facilities and gadgets shall form a part of the Common Portions. However, whether such additional facilities or amenities are to be provided for, will be entirely at the sole discretion of the Seller, and the Purchaser hereby consents to the following terms and conditions:- i) That the agreement has not been cancelledsame. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing to pay to the developer a transfer fee for accepting the nomination @ 1% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months from the date of the present agreement.

Consideration Payment. 4.1 In lieu consideration of the consideration mentioned above the Purchaser has agreed to pay to the Vendor a sum of Rs…………./- (Rupees ….. Crore ………. Lakh and ……… Thousand only) towards ALL THAT piece and parcel of flat No. …. , on the ….. floor of the said New Building, presently in course of construction at the said Premises containing by ad-measurement …… Sq. Ft. carpet area be the same a little more or less, along with ….. Servant Quarters/ store rooms admeasuring …. sq. ft. carpet area each on the Mezannine floor to the 1st Floor, TOGETHER WITH ….. covered Car Parking Space in the THIRD SCHEDULE hereto Basement/Ground Floor at the said Premises now in course of construction at the said Premises (hereinafter collectively referred to as the “CONSIDERATION AMOUNT). Out of the said Consideration Amount”amount at or before execution of this Agreement the Purchaser has paid to the Vendor a sum of Rs….. /- (Rupees ….. Lakh only) towards the ▇▇▇▇▇▇▇ money for the allotment of the said Flat alongwith Car parking space and servant quarters/store rooms, which has been adjusted against the total consideration amount and the said balance of the consideration amount to be paid by in respect of the Purchasers to the Developer said Flat alongwith Car parking space and servant quarters/store rooms shall be paid in the manner also set out provided for in the Third Schedule, FOURTH SCHEDULE hereunder written. The entirety of the Developer agrees to sell consideration amount will be paid to the Purchasers Vendor and all amounts paid to him shall be a complete discharge of the obligation of the Purchaser to make payment under this agreement and/or in respect of the said Flat described in the SECOND SCHEDULE, it being recorded that the Purchaser/s has/have informed the Developer that such payment schedule is more convenient alongwith Car parking space. In addition to the Purchaser. 4.2 The Purchaser/s has/have aforesaid consideration the Purchaser has also agreed to pay to the Developer Vendor various amounts as and by way of Adjustable Deposit (more fully and particularly mentioned and described in PART II of the FIFTH SCHEDULE hereunder written) and Transferable Deposits (more fully and particularly mentioned and described in PART I of the FIFTH SCHEDULE) and payment of such amounts shall be made at or before taking over possession of the said Flat alongwith Car parking space and in addition the Purchaser agrees to make payment of the charges in respect of: Charges for providing any additional work in and/or relating to the consideration amount hereinabove mentionedsaid Flat alongwith Car parking space at the request of the Purchaser and for providing any additional facilities or utility for the said Flat alongwith Car parking space shall be paid borne and discharged by the Purchaser. All betterment fees, proportionately all applicable statutory outgoing taxes and expenses including other levies charges imposed by the Service Tax Government or GST in full. 4.3 In addition any other authority relating to the aforesaid consideration amount, the Purchasers shall also pay to the Developer extra amounts and deposits as described under the SIXTH SCHEDULE hereto and also the costs of obtaining and providing the electric meter and electricity connection at said Premises and/or the said Flat. 4.4 Flat alongwith Car parking space shall be paid and borne by the Purchaser proportionate to his/her/its interest therein. The Purchasers may at his own risk, purchaser shall bear the proportionate cost of DG Sets of Rs.96,787/- per flat and consequences may obtain a home loan from CESC Security Deposit of Rs.73,100/- plus misc expenses of Rs.10,000/-. Time for payment shall always remain as the essence of the contract. In the event of any recognized Bank or Financial Institution for which default on the Developer may issue a consent letter, but without part of the Purchaser in making payment of any liability attaching of the amounts agreed to or upon the Developer and be paid in case of cancellation terms of this Agreement the Developer in such case would refund Vendor shall be entitled to claim interest at the rate of 12% per annum on the amount remaining outstanding subject to what is hereinafter appearing. In the event of any default on the part consideration received without of the Purchaser in making payment of any interest or other liability. 4.5 In case of such a cancellation the amounts in terms of this Agreement and if such default shall continue for a period of thirty days from the Developer would refund only date becoming due the Vendor shall be entitled to and are hereby authorized to determine and/or rescind this Agreement and forfeit a sum equivalent to ten percent of the consideration amount lying with it after deducting as and by way of predetermined liquidated damages and the cancellation charges more fully mentioned in 7.1 herein below mentioned, Purchaser hereby consents to the concerned Bank or Financial Institution same and only refund the balance remaining if upon the Vendor entering into an agreement for sale with another person in respect of the said Flat alongwith Car parking space. Upon such termination the Purchaser shall cease to have any right or claim under this Agreement and/or in respect of the said Flat alongwith Car parking space and the Vendor shall be entitled to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected enter into agreements for sale and deposited would be treated as refundable. 4.6 In case the purchaser(s) desire to nominate transfer with any other person or party persons without any claim on the part of the Purchaser and the Purchaser hereby consents to acquire the same but subject to after giving Legal notice for a period of 30 days for redressal of the same. The Purchaser agrees and covenants not to claim any right or possession over and in respect of the said flatFlat alongwith Car parking space till such time the Purchaser has made and/or deposited all the amounts herein agreed to be paid or deposited by the Purchaser. It is hereby agreed and declared that the Purchaser has agreed and committed himself to make payment of the amounts payable in terms or these presents and it shall not be obligatory or necessary on the part of the Vendor to serve any notice or demand on the Purchaser. In the event of the Vendor providing any additional materials facilities or gadgets over and above what has been agreed upon for the benefit of the occupants of the building the Purchaser shall be liable to make payment of the proportionate share in respect thereof and the same shall form part of the common portions. However, whether such additional facilities or amenities are to be provided for will be entirety at the purchaser may so but after adhering sole discretion of the Vendor and the Purchaser hereby consents to the following terms and conditions:- i) That the agreement has not been cancelledsame. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing to pay to the developer a transfer fee for accepting the nomination @ 1% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months from the date of the present agreement.

Consideration Payment. 4.1 5.1 In lieu consideration of the aforesaid the Buyer has agreed to make payment of an aggregate sum of Rs. /- (Rupees Only) (hereinafter called the CONSIDERATION AMOUNT) (which amount includes the cost of construction of the said Flat, common parts and facilities). 5.2 The said consideration amount to be paid in respect of the said Flat shall be paid in the manner provided for in the FOURTH SCHEDULE hereunder written. 5.3 The entirety of the consideration mentioned in the THIRD SCHEDULE hereto (hereinafter referred to as the “Consideration Amount”) to amount will be paid by the Purchasers to the Developer in the manner also set out in the Third Schedule, the Developer agrees to sell Seller and all amounts paid to the Purchasers Seller shall be a complete discharge of the obligation of the Buyer to make payment under this agreement and/or in respect of the said Flat described in the SECOND SCHEDULE, it being recorded that the Purchaser/s has/have informed the Developer that such payment schedule is more convenient to the PurchaserFlat. 4.2 The Purchaser/s has/have also agreed to pay to the Developer in addition to the consideration amount hereinabove mentioned, proportionately all applicable statutory outgoing and expenses including the Service Tax or GST in full. 4.3 5.4 In addition to the aforesaid consideration amount, the Purchasers shall Buyer has also agreed 71to pay to the Developer extra amounts and deposits as described under Seller charges if any in respect of: i) Charges for providing any additional work in and/or relating to the SIXTH SCHEDULE hereto and also the costs of obtaining and providing the electric meter and electricity connection said Flat at the request of the Buyer and for providing any additional facilities or utility for the said FlatFlat shall be paid borne and discharged by the Buyer. 4.4 The Purchasers may at his own risk, cost ii) All betterment fees taxes and consequences may obtain a home loan from other levies charges imposed by the Government or any recognized Bank or Financial Institution other authority relating to the said Premises and/or the said Flat shall be paid and borne by the Buyer proportionate to his/ her/ its interest therein. 5.5 Time for which payment shall always remain as the Developer may issue a consent letter, but without essence of the contract. In the event of any liability attaching default on the part of the Buyer in making payment of any of the amounts agreed to or upon the Developer and be paid in case of cancellation terms of this Agreement the Developer in such case would refund Seller shall be entitled to claim interest at the rate of 18% per annum on the amount remaining outstanding subject to what is hereinafter appearing. 5.6 In the event of any default on the part consideration received without of the Buyer in making payment of any interest or other liability. 4.5 In case of such a cancellation the amounts in terms of this Agreement and if such default shall continue for a period of Sixty days from the Developer would refund only same becoming due the Seller shall be entitled to and are hereby authorized to determine and/or rescind this Agreement and forfeit a sum equivalent to ten percent of the consideration amount lying with it after deducting as and by way of predetermined liquidated damages and the cancellation charges more fully mentioned in 7.1 herein below mentioned, Buyer hereby consents to the concerned Bank or Financial Institution same and only refund the balance remaining if upon the Seller entering into an agreement for sale with another person in respect of the said Flat. Upon such termination the Buyer shall cease to have any right or claim under this Agreement and/or in respect of the said Flat and the Seller shall be entitled to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected enter into agreements for sale and deposited would be treated as refundable. 4.6 In case the purchaser(s) desire to nominate transfer with any other person or party persons without any claim on the part of the Buyer and the Buyer hereby consents to acquire the same. 5.7 The Buyer agrees and covenants not to claim any right or possession over and in respect of the said flatFlat till such time the Buyer has made and/or deposited all the amounts herein agreed to be paid or deposited by the Buyer. 5.8 It is hereby agreed and declared that the Buyer has agreed and committed himself/herself/itself to make payment of the amounts payable in terms of these presents and it shall not be obligatory or necessary on the part of the Seller to serve any notice or demand on the Buyer. 5.9 In the event of the Seller providing any additional materials facilities or gadgets over and above what has been agreed upon for the benefit of the residents of the said building and/or housing complex the Buyer shall be liable to make payment of the proportionate share in respect thereof and the same shall form part of the common portions. However, whether such additional facilities or amenities are to be provided for will be entirety at the purchaser may so but after adhering sole discretion of the Seller and the Buyer hereby consents to the following terms and conditions:- i) That the agreement has not been cancelledsame. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing 5.10 The Buyer shall be liable to pay to interest on the developer a transfer fee for accepting the nomination amount due @ 118% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months per annum from the date on which the amount falls due, to the date of payment, both days inclusive. All payments received will be first applied towards applicable interest and other dues, if any, and thereafter towards the present agreementinstallments.

Consideration Payment. 4.1 In lieu of the consideration mentioned in PART – I of the THIRD SCHEDULE hereto (hereinafter referred to as the “Consideration Amount”) to be paid by the Purchasers Purchaser to the Developer Owners/Developers in the manner also set out in the Third SchedulePART – II thereof, the Developer Owners/Developers agrees to construct and sell to the Purchasers Purchaser the said Flat Unit described in the SECOND SCHEDULE, it being recorded that the Purchaser/s has/have Purchaser has informed the Developer Owners/Developers that such payment schedule is more convenient to the Purchaser. 4.2 The PurchaserPurchaser has been informed that the total consideration amount payable by the Purchaser to the Owners/s has/have Developers as stated under the Third Schedule has been arrived at on the basis of the Super Built up Area of the said flat as mentioned in clause 1.21 above and the Purchaser has fully understood the same and hereby agrees and consents to the same. 4.3 The Purchaser has also agreed to pay to the Developer Owners/Developers in addition to the consideration amount hereinabove mentioned, all charges and costs for any alterations/additions in the said Unit or any other extra facilities with specifications in construction etc. which the Owners/Developers may on a later date decide to provide, which is presently not taken into consideration and further proportionately all applicable statutory outgoing and expenses including the Service costs, charges and expenses for revision of the plan to the extent it relates to such alteration, all betterment fees, taxes and other levies/ charges imposed by the Government or any other authority relating to the said Premises and/or the said Unit and shall also pay wholly the sales tax, service tax, G.S.T or any tax payable under the Works Contracts Tax or GST in fullany other tax (but excluding Income Tax) of the amounts payable to the Owners/Developers. 4.3 4.4 In addition to the aforesaid consideration amount, the Purchasers Purchaser shall also pay to deposit with the Developer extra Owners/Developers the amounts and deposits as described detailed under the SIXTH SCHEDULE hereto hereunder written and also the costs payment of obtaining and providing the electric meter and electricity connection such amounts shall be made at or before taking possession of the said Flat. 4.4 The Purchasers may at his own riskUnit. In case the exact liability on any head cannot be quantified, cost then the payment shall be made according to the Owners/Developers’s reasonable estimation subject to subsequent accounting and consequences may obtain settlement within a home loan from any recognized Bank or Financial Institution for which the Developer may issue a consent letter, but without any liability attaching to or upon the Developer and in case of cancellation of this Agreement the Developer in such case would refund the part consideration received without any interest or other liabilityreasonable period. 4.5 In case Time for payment shall be the essence of the contract. The Purchaser agrees and covenants not to claim any right of possession over and in respect of the said Unit till such a cancellation of this Agreement time the Developer would refund only Purchaser has made and/or deposited all the amount lying with it after deducting amounts herein agreed to be paid or deposited by the cancellation charges more fully mentioned in 7.1 herein below mentioned, to the concerned Bank or Financial Institution and only the balance remaining if any to the Purchasers. Under no circumstance any govt. dues, levy or service tax collected and deposited would be treated as refundablePurchaser. 4.6 In case the purchaser(s) desire to nominate event of the Owners/Developers providing any other person additional materials, facilities or party to acquire gadgets at the building and/or the said flatPremises, the purchaser may so but after adhering Purchaser shall be liable to make payment of proportionate share in respect thereof and such facilities shall form part of the common portions and whether such additional facilities or amenities are to be provided for, shall be entirely at the sole discretion of the Owners/Developers and the Purchaser hereby consent to the following terms and conditions:- i) That the agreement has not been cancelledsame. ii) That the purchaser/s is/are not defaulter and incase being a defaulter, such default has been condoned by the developer and the purchaser has cleared the interest and penalty thereon. iii) That the purchaser/s is/are ready and willing to pay to the developer a transfer fee for accepting the nomination @ 1% of the total consideration mentioned herein provided that in case any further nomination by the nominee to a third party, apart from the other compliance herein contained such transfer fee shall be a further 2% of the consideration mentioned herein. iv) Provided that no such nomination etc. shall be permitted until after the expiry of a lock-in period of 12 months from the date of the present agreement.