Common use of Facility Manager Clause in Contracts

Facility Manager. Notwithstanding anything contained in the Said Agreement, it is clarified that the Promoter/ Seller may handle or may hand over management and upkeep of all Common Areas in the Said Tower/ the Project Sunshine Twoto a professional facility management organization (Facility Manager). In this regard, it is clarified that (a) the Promoter/ Seller/ Facility Manager shall operate, manage and render day to day services with regard to the Common Areas (b) the Promoter/ Seller/ Facility Manager shall levy and collect the Maintenance Charges as detailed in the Schedule hereto (c) the Purchaser/s shall be bound to pay the Maintenance Charge/s to the Promoter/ Seller/ Facility Manager (d) the Promoter/ Seller/ Facility Manager, being a professional commercial organization, will not be required to render any accounts to the Purchaser/s and it shall not be deemed that the Promoter/ Seller/ Facility Manager is rendering the services to the Purchaser/s for commercial considerations (e) subject to the terms and conditions of this Conveyance, and the said Agreement the right to use of the Common Areas shall vest in all the residents of the Said Project Sunshine Two which shall be extended to the Common areas of the rest of the Total Project as and when constructed, represented by the Association (after formation) and the Promoter/ Seller/ Facility Manager shall merely be the service provider for rendition of services with regard to the Common Areas and

Facility Manager. Notwithstanding anything contained in the Said Agreement, it is clarified that the Promoter/ Seller may handle or may hand over management and upkeep of all Common Areas in the Said Tower/ the Project Sunshine Twoto One to a professional facility management organization (Facility Manager). In this regard, it is clarified that (a) the Promoter/ Seller/ Facility Manager shall operate, manage and render day to day services with regard to the Common Areas (b) the Promoter/ Seller/ Facility Manager shall levy and collect the Maintenance Charges as detailed in the Schedule hereto (c) the Purchaser/s shall be bound to pay the Maintenance Charge/s to the Promoter/ Seller/ Facility Manager (d) the Promoter/ Seller/ Facility Manager, being a professional commercial organization, will not be required to render any accounts to the Purchaser/s and it shall not be deemed that the Promoter/ Seller/ Facility Manager is rendering the services to the Purchaser/s for commercial considerations (e) subject to the terms and conditions of this Conveyance, and the said Agreement the right to use of the Common Areas shall vest in all the residents of the Said Project Sunshine Two One which shall be extended to the Common areas of the rest of the Total Project as and when constructed, represented by the Association (after formation) and the Promoter/ Seller/ Facility Manager shall merely be the service provider for rendition of services with regard to the Common Areas and

Facility Manager. Notwithstanding anything contained in (i) The Promoter has the Said Agreement, it is clarified that right to enter into contract with any third party / agency for the Promoter/ Seller may handle or may hand over management purpose of maintenance and upkeep of all Common Areas the said Tower Land and / or the Free Sale Land / the said Tower and / or the Free Sale Building / s, such decision shall be final and binding until the lease deed in respect of the Free Sale Land is executed in favour of the Apex Body. Thereafter, subject to the provisions of the Clause 8(iii) below, the Society and / or the Apex Body, as the case may be, shall be entitled to undertake the maintenance of the said Tower Land and / or the Free Sale Land / the said Tower and / or the Free Sale Building / s or any part thereof in the Said Tower/ manner it was handed over save and except normal wear and tear thereof. The Society and / or the Project Sunshine Twoto Apex Body, as the case may be, shall create and maintain a professional facility Sinking Fund for the purpose of maintenance and if the Society and / or the Apex Body, as the case may be, commits default, the Promoter shall have a right to rectify the default and recover the expenses from the Society and / or the Apex Body, as the case may be. The Promoter may also formulate the rules, regulations and bye-laws for the maintenance and upkeep of the said Tower and / or the Free Salle Lan d // the Free Sale Building / s and the Allottee / s hereby agree and undertake Sale Land and / or the said Tower Land after the completion of the development of the said Tower Land and / or the Free Sale Land. The Promoter has the authority and discretion to negotiate with such Facility Manager and to enter into and execute formal agreement /s for maintenance and management organization (Facility Manager)of infrastructure with it / them. In this regard, it is clarified that (a) The cost incurred in appointing and operating the Promoter/ Seller/ Facility Manager shall operate, manage be borne and render day to day services with regard to paid by the Common Areas (b) residents / Allottee / s / occupiers of the Promoter/ Seller/ premises in the manner as may be determined by the Facility Manager shall levy and collect / or the Maintenance Charges Promoter, as detailed part of the development and common infrastructure charges referred to herein in accordance with the Schedule hereto (c) term of this Agreement. Such charges may vary and the Purchaser/s shall be bound to pay the Maintenance Charge/s to the Promoter/ Seller/ Facility Manager (d) the Promoter/ Seller/ Facility Manager, being a professional commercial organization, will not be required to render any accounts to the Purchaser/s and Allotteeeee//ss aaggrees that it shall not be deemed that the Promoter/ Seller/ raise any dispute regardinngg tthhee aappppooiinnttmment of any such Facility Manager is rendering by the services Promoter or towards the an d not t agreed and to the Purchaser/s for commercial considerations (e) subject to the terms abide and conditions of this Conveyance, and the said Agreement the right to use follo w deviiate from any of the Common Areas shall vest in all maintenance charges determiined byy such agency and / or provisions of su ch rulles,, regullatiions and bye-laws. the residents of the Said Project Sunshine Two which shall be extended to the Common areas of the rest of the Total Project as and when constructed, represented Promoter. It is underrstood by the Association (after formation) and the Promoter/ Seller/ Facility Manager shall merely be the service provider for rendition of services with regard to the Common Areas andDR

Facility Manager. Notwithstanding anything contained in the Said Agreement, it is clarified that the Promoter/ Seller may handle or may The Promoter shall hand over management and upkeep of all Common Areas in the Said Tower/ the Project Sunshine Twoto to a professional facility management organization (Facility Manager). In this regard, it is clarified that (a1) the Promoter/ Seller/ Facility Manager shall operate, manage and render specified day to day services with regard to the Common Areas common areas of the Said Project/Said Building (b2) the Promoter/ Seller/ Facility Manager shall levy and collect the Maintenance Charges as detailed in the Schedule hereto common expenses/maintenance charges (c) the Purchaser3)the Allottee/s Transferee shall be bound to pay the Maintenance Chargecommon expenses/s maintenance charges to the Promoter/ Seller/ Facility Manager (d4) in addition to the Common Expenses/Maintenance Charges, the Allottee/Transferee shall be bound to pay the Facility Manager the proportionate share of the costs and expenses to obtain and keep valid policies for the purpose of insuring the Said Building and the Facility Manager shall collect and utilize the aforesaid amounts to keep the Said Building adequately insured (5) the Promoter/ Seller/ Facility Manager, being a professional commercial organization, will not be required to render any accounts to the PurchaserAllottee/s Transferee and it shall not be deemed that the Promoter/ Seller/ Facility Manager is rendering the services to the PurchaserAllottee/s Transferee for commercial considerations (e6) the ownership of the Common Portions (subject to the terms and conditions of this Conveyance, Agreement and the said Agreement the right to use terms of the Common Areas Head Lease Deed) shall vest in the allottes/transferees of all the residents Units of the Said Project Sunshine Two which shall be extended to the Common areas of the rest of the Total Project as and when constructedBuilding, represented by though the Association (after formation) and the Promoter/ Seller/ Facility Manager shall merely be the service provider for rendition of services with regard to the Common Areas andcommon portions and no superior rights with regard to the common portions shall vest in the Facility Manager and (7) the Facility Manager may be replaced by consent of 80% (eighty percent) or more of the allottees/transferee of the Whole Project.