Terms and Conditions - GARRISON PAKISTAN

Recitals

Whereas the Allottee(s), after satisfying itself about the right, title, location and limitation in the Said Project of the Company has applied to the Company vide Application No. dated _______________agreeing to the terms and conditions contained therein for allotment of Plot bearing No. __________Block________, Pocket_______, having an Area of approx.__________Sq. Yds. (Hereinafter referred to as the “Said Plot”).

Whereas the Allottee(s) has also inspected and having satisfied itself/himself/herself with the facts as stated aforesaid, the ownership records and documents relating to the title of the Said Lands, layout, zoning plans and approvals/consent/exemptions for development of the Said Plot, and legal rights of the Company and acknowledges that the Company has provided all the information and clarifications as desired by the Allottee(s) and that the Allotter(s) is fully satisfied with the same and the Allottee(s) relying on his/her/its own judgment and investigation in deciding to purchase the Said Plot and has not relied upon and/or is not influenced by any sales plans, brochures, architect’s plans, advertisements, representations, warranties, statements or estimates of any nature, whatsoever, (whether written or oral) made by the Company, or any selling agents/brokers or otherwise including but not limited to, any representations relating to the description or physical condition of the Said Project/Said Plot, has confirmed that the Allottee(s) does not require any further investigations in this regard and that the Allottee(s) is fully satisfied in all respects.

c. Whereas the Allottee(s) has confirmed to the Company that the Allottee(s) is entering into this Agreement with full knowledge of all the laws, rules, regulations, notifications etc. applicable to the Said Project in general and the Said Lands/Said Plot in particular and the terms and conditions contained in this Agreement and that the Allottee(s) has clearly understood his/her/their rights, duties, responsibilities, obligations under each and every clause of this Agreement and agrees to abide by the same

d. And Whereas the Company relying on the confirmations, representations and assurances of the Allottee(s) to faithfully abides by all the terms, conditions and stipulations contained in this Agreement, has accepted in good faith the Application and is now willing to enter into this Agreement on the terms and conditions appearing hereinafter

NOW, NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BYAND BETWEEN THE PARTIES HERETO AS FOLLOWS: (page 4)

In this Agreement, unless repugnant or contrary to the context hereof, the following tens, when capitalized, shall have the meanings assigned herein when used in this Agreement. When not capitalized, such words shall be attributed their ordinary meaning.

“Act”shall mean the Punjab Apartment & Property Regulation Act 1995, the Punjab Apartment Ownership Act, 1995 and rules framed thereunder and/or any other rule, statutory enactment, amendment or modification thereof.

“Additional Charges and Deposits” shall have the meaning as assigned to it underSchedule III herein.

“Additional Preferential Location Charge (APLCY) shall mean the charges payable in addition to the Preferential Location Charge for the Said Plot being additionally preferentially located, calculated on per sq. yard basis of the Plot Area of the Said Plot.

“Agreement”shall mean this Plot Buyer’s Agreement including all annexures, schedule, terms and conditions for the allotment of the Said Plot in the Said Project, as executed by and between the Allottee(s) and the Company.

“Allottee(s) Brent of Default” shall have the meaning assigned to it under Clause6.1herein.

“Application” shall mean application dated___________, for the allotment of the Said Plot in the Said Project along with all the terms &conditions.

“Applicable Laws” means and includes any applicable Central, State or local laws, statutes, ordinances, rules, regulations, codes, bye-laws etc. including amendments/ modification thereto, any government notifications, circulars, office orders, directives etc. or any government order or direction, judgment, decree or order of a judicial or a quasi- judicial authority whether in effect on the date of this Agreement or thereafter.

“Approvals” means and includes any permit license, consent, grant, certificate, authorization, decision, direction, determination, instruction or approval obtained or required to be obtained from a Competent Authority or any other person in relation to the Said Lands/Said Project.

“Arbitration Act” means the Arbitration and Conciliation Act 1996 with all the subsequent amendments and modifications thereto.

“Association” shall mean the Association at the Project to be formed in terms ofprovisions of the Punjab Apartment Ownership Act, 1996 as amended up to date. (page 5)

“Basic Sale” Price means the consideration payable for the Plot Area and the consideration reserved for the Plot, as more specifically detailed in the Payment Plan.

“Cancellation Date” shall have the meaning assigned to it under Clause 8.4 hereinafter.

“Common Areas and Facilities” shall mean such common areas and facilities within the Said Project which are earmarked for common use by the residents/occupants of the Said Project as more elaborately listed down in the Annexure appended to the Maintenance Agreement.

“Competent Authority” shall mean any Central or State judicial, quasi-judicial or government authority, body, department, agency or instrumentality (whether statutory or otherwise) having authority or jurisdiction over the Said Lands and/or issue Project.

“Deed” shall have the same meaning assigned to it under Clause 2.5herein.

“Earnest Money” shall mean 10% of the Basic Sale Price to be paid by the Allottee(s) as per the Payment Plan.

“External Development Charges (EDC)” shall mean those External Development Charges as levied/leviable by the government authority/any other competent authority/through the instrumentality of the Company with a view to recover the cost of external development, including but not limited to State/National Highways, transport, irrigation facilities, power and water facilities and/or any additional levies, fees, cesses. charges and any further increase in such charges etc.

“Force Majeure Event” shall mean and include any act of God, fire, flood, drought, earthquake, cyclone, explosion, epidemics, natural disasters, accidents, air crashes, war. riot, hostilities of war, civil commotion, terrorist acts, sabotage, inability to procure or general shortage/ non-availability of steel, cement, other building materials, water or supply of energy, labour, equipment, facilities, materials or supplies, failure of transportation, strikes, lock outs, action of labour unions, court case, decree, stay, any notice, order, rule, notification of the Government and/or other public or Competent Authority, delay in obtaining any Approvals from the Competent Authority or any other causes (whether similar or dissimilar to the foregoing) or any other event or reason which is beyond the control of or unforeseen by the Developer.

“Grace Period – Additional Statutory Charges” shall have the meaning assigned to it under Clause 2.12 herein. (page 6)

“Grace Period – Balance Money” shall have the meaning assigned to it under Clause.

“Hazard” means an event which by reason of its physical, chemical, reactive, toxic, flammable, explosive, cornrosive, radioactive or infectious characteristics causes or is likely to cause grave danger to the health of persons in the Said Project or to the environment in and around the Said Project.

“Holding Charges” shall have the meaning assigned to it under Clause 48hereinafter.

“Interest Bearing Maintenance Security (BMS)” shall mean the interest bearing maintenance security payable for the Said Plot to be paid by the Allottee(s) for the maintenance and upkeep of the Said Project to be paid as per the payment plan to the Company/Maintenance Agency 4500/- per sq. yds.of the Plot Area of the Said Plot or each other amount that the Company/ Maintenance Agency may revise it to and which will carry a simple yearly interest as per applicable rates on one year fixed deposits acepted by State Bank of India at the close of each financial year on March 31, to be adjusted in the manner to be stated in the Maintenance Agreement.

“Internal Development Charges (IDC)” shall moon those Internal Development Charges as levied/leviable for roads, footpaths, water supply, sewers, drains, tree planting, street lighting, provision for treatment and disposal of sewerage and severage water, storm water drainage, rain water harvesting, domestic solid waste collection center etc.

“Maintenance Agency” mists the Company or such other agency/body/entity, which the Company/Association may employ/hire for the maintenance and who shall be responsible for providing the maintenance services over the Said Project.

“Maintenance Agreement” shall have the meaning assigned to it under Clause 7.3 herein.

“Maintenance Charges” shall mean all costs, charges, fee etc by whatever name called. including but not limited to requisite security deposit, periodic maintenance charges. sinking funds etc., payable by the Allottee(s) to the Company, Association or Maintenance Agency, as the case may be, for the right to use the Common Areas and Facilities and provision of Maintenance Services in the Said Project and does not include the charges for actual consumption of utilities in the Said Plots, which shall be charged on actual consumption basis.

“Maintenance Services/Services” shall mean such services to be rendered by the Maintenance Agency and as more elaborately defined under the Maintenance Agreement.

Payment Plan” means the price list as set out in Schedule II to this Agreement providing details and price of the Said Plot.

“Possession Notice:” shall have the meaning assigned to it under Clause 43 hereinafter.

“Possession Expiry Date” shall have the same meaning assigned to it under Clause 4.3 hereinafter.

“Preferential Location Charge (PLC)” shall mean the charges for the preferential location of the Said Plot, payable as applicable, to be calculated on per sq. yds. basis of the Plot Area of the Said Plot.

“proportionate Basis” shall mean the ratio of the Said ‘lot area of the Allottee(s) to the Total Area of the Said Project.

“Said Lands” shall mean land admeasuring 109.58 acres for which the zoning and layout plan has been approved by the Competent Authority and on which the residential plots, Independent floors, parks, commercial spaces etc. are being developed by the Company along with all amenities and facilities as described in this Agreement.

“Said Plot” shall mean the residential plot being applied for by the Allottee, details of which have been set out in the Agreement.

“Said Project/ Project” shall mean the construction, development of a Mega Housing Project comprising of residential plots, independent floors, commercial spaces etc. and related amenities, structures, facilities, services, etc., by the name of THE PALM, on the said lands being developed by the Company.

“Statutory Charges” shall mean the proportionate amount payable by the Allottee(s) towards the External Development Charges, infrastructure development charges (if any). city development charges (if any), interest rates towards delayed payment & cost of bank guarantee, if invoked, as paid by the Company to Competent Authority in relation to the Said Project.

“Total Price” shall mean the amount payable for the Said Plot which includes the Sask Sale Price of the Said Plot, PLC and Additional PLC (if the Said Plot is preferentially/additionally preferentially located) and all other charges and expenses mentioned herein or as may be specified in the Agreement, but does not include the Statutory Charges and Additional Charges and Deposits. (page 8)

In this Agreement, unless the context requires otherwise, the following rules of interpretation shall apply-

a) References to any statute or statutory provision or order or regulation or rules made there under shall include that statute, provision, order or regulation as amended, modified, re-enacted or replaced from time to time whether before or after the date hereof;

b) References to person(s) shall include body corporatet(s), unincorporated association(s), partnership(s) and any organization or entity having legal capacity;

c) References to Recitals. Clauses or Schedules are, unless the context otherwise requires, references to recitals, clauses or schedules of this Agreement;

d) Headings to Clauses are for information only and shall not form part of the operative provisions of this Agreement and shall not be taken into consideration in its interpretation or construction;

e) To the extent to which any provision of this Agreement is in conflict with its Schedule or any provision of the Application for Allotment, the provisions of this Agreement will prevall;

f) Any reference to a document includes the document as modified from time to timeand any document replacing or superseding it;

g) Unless the context otherwise requires, reference to one gender includes a reference to the other, words importing the singular include the plural and vice versa:

h) References to the words “include” or “including shall be construed as being suffixed by the term “without limitation”;
i) Any reference to the word “year or annum means 12 (twelve) months;
J) The words in writing or written include any communication sent by registered letter and/or facsimile transmission;

k) The currency amounts are stated in Pakistani Rupees (PKR) unless otherwise specified. (page 9)

TOTAL PRICE AND ADDITIONAL COSTS-

2.1 In accordance with and subject to the terms and conditions set out in this Agreement, the Company agrees to sell to the Allottees) and the Allottees) hereby agrees to purchase, the Said Plot, bearing Number, Area___sa. yds, at a Basic Sale Price of Rs._________/-and Total Price of Rs._________/- as set out in Schedule II.

2.2 Till the date of issuance of this Agreement, the Allottee(s) has made a payment ofRs._________/-(Rupees ________________Only) towards part payment of the Total Price payable, the receipt whereof is hereby acknowledged and confirmed by the Company.

2.3 The balance Total Price payable and all other costs, charges, deposits etc. shall be payable by the Allottee(s) in the manner specified in the Payment Plan set out in Schedule II herein or otherwise on demand being raised by the Company. The Allottee(s) further agrees that it shall be obligated towards the timely payment of the installment(s) in the manner specified in Payment Plan herein along with all other charges as described herein.

2.4 In consideration of the payment made and/or to be made by the Allottee(s) to the Company in the manner stated hereinafter and in consideration of the adherence to and compliance with various terms, conditions, covenants and obligations of the Allottee(s) stated herein, the Company has agreed to allot in favor of the Allottee(s) at the price/ consideration mentioned hereinabove, free from all encumbrances and the Allottee(s) hereby agrees to acquire/purchase the Said Plot.

2.5 Such conveyance/transfer in favor of the Allottee(s) would be through execution and registration of a Conveyance deed duly stamped and registered with the jurisdictional Sub Registrar – Mairi, Tehsil Kharar, District SAS Nagar, Punjab(“Deed”) and such other documents as envisaged in this Agreement or as may be required by the Company in this regard.

2.6 The Allottee(s) shall be liable to make the payment of the installment(s) upon receipt of the demand notice from the Company. If the Allottee(s) fails to pay any installment, in terms of the Payment Plan, as and when demanded by the Company, the Company may grant a grace period of 90 days from the due date (“Grace Period Balance Money) to the Allottee(s) to make the said payment. However, the Allottee(s) shall be liable to pay interest at the rate of 12% per annum on the unpaid amount computed from the commencement of the Grace Period – Balance Money till the date of actual payment. (pg 10)

In case Allottee(s) fails to make the payment within the Grace Period – Balance Money, the same shall be an Allottees’ Event of Default under this Agreement as specified in Clauses8.1 hereinafter. However, the Company may, at its sole discretion, decide not to cancel this allotment and condone the delay in payment of the installment of the due installment, subject to the condition that the Allottee(s) shall pay an enhanced interest on the unpaid amounts at the rate of 18% per antum computed from the expiry of the Grace Period – Balance Money till the date of actual payment.

2.8 The Company may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments for the period by which the respective installment has been advanced. All such terms and conditions relating to rebate shall be governed by the Payment Plan agreed to by the Allottee and the Company.

2.9 It has been specifically agreed between the Parties that, 10% of the Basic Sale Price (“BSP), shall be considered as earnest money under this Agreement (“Earnest Money”), to ensure the performance, compliance and fulfillment of the obligations and responsibilities of the Allottee(s) under this Agreement. Earnest Money shall not include any other charges such as Preferential Location Charges, brokerage charges etc.

2.10 It has been made clear by the Company and the Allottee(s) has understood that the Total Price, Statutory Charges and Additional Charges and Deposits as mentioned in Schedule III hereto, have been computed on the basis of the total area of the Said Plot. The final Plot Area of the Said Plot shall be confirmed by the Company only after the demarcation of all the Plots is complete. The Allottee(s) agrees that the calculation of Area of Said Plot is tentative at this stage and subject to variations. In case of such variation in the Area of the Said Plot, the sale consideration/total price, statutory charges and other charges payable under this Agreement shall also proportionately increase or decrease. In case such variations are beyond +/-5% or if in such circumstances it is warranted under the Applicable Laws, then the Company shall take prior consent of the Allottee(s), and the Allottee(s) shall not unreasonably withhold the same. If there is any reduction in the final Plot Area within the defined limit of 5%, then the Company shall refund the money paid by Allotteets) immediately with simple interest 6% per annum. If there is an increase in the final Plot Area allotted to the Allottee(s), the Company will demand that from the Allotte(s) as per the next milestone of payments per Schedule II.

2.11If at any time post the date of execution of this Agreement, there is any upward change in the Statutory Charges due to any change/amendment/modification in

the Applicable Laws, whether prospectively or retrospectively, the Allottee(s) shall pay the said additional statutory chargesto the Company on proportionate basis. While raising a demand on the Allottee(s) for any such enhanced Statutory Charges. the Company shall enclose the relevant notification/order/rule/regulation to the demand letter being issued to the Allottee(s). Similarly, if at any time post the date of execution of this Agreement. there is any reduction/ relaxation in payment of Statutory Charges or any refund is received on this account from the Competent Authority, the same shall be refunded to the Allottee(s) on proportionate basis.

If the Allottee(s) fails to pay any such additional statutory charges on or before the due date, the Developer may grant a grace period of 30 days from the due date (“Grace Period – Additional Statutory Charges”) to the Allottee(s) to make the said payment. However, theAllottee(s) shall be liable to pay interest at the rate of 12% per annum on the unpaid amount computed from the commencement of the Grace Period-Additional Statutory Charges till the date of actual payment. In case Allottee(s) fails to make the payment within the Grace Period-additional statutory charges, the same shall be an Allottees’ Event of Default as specified in Claase8.1 hereinafter. However, the Company may, at its sole discretion, decide not to cancel this allotment and condone the delay in payment of the installment of the due installment, subject to the condition that the Allottee(s) shall pay an enhanced interest on the unpaid amounts at the rate of 18% per annum computed from the expiry of the Grace Period – Additional Statutory Charges till the date of actual payment.

2.13The Allottee(s) shall make all payments including Sale Consideration/Total Price tatutory Charges and any other charges stated in this Agreement by cheque/demand draft/pay order, payable at par in favour of “Manohar Infrastructure & Constructions Pvt. Ltd.”. The Allottee(s) shall also be liable to bear and pay all present and future applicable taxes/levies/cesses inclusive of labourcess and/or any increase thereto including service tax on sale of Said Plot, VAT/ GST, as applicable, municipal taxes, property tax, local taxes, cessesand such other levies, if any, which may be imposed by the Competent Authority, as and when demanded by the Company. The Company shall utilize the said amounts only for the purposes for which they have been received. (pg 12)

It has been made clear by the Company and the Allottee(s) understands that the Company has the right to construct and develop schools, shops, club/community center, commercial premises, buildings and other related amenities, structures, facilities, services etc. over Phase 1 Lands, Phase II Lands and Additional Lands. The right of usage of such/recreational facilities, shall be limited to the Allottee(s) (and the occupants of the Plot claiming under them) and their dependents within the Project and is subject to the fulfillment of the terms and conditions as may be stipulated by the Company. The Allottee(s) authorizes the Company to formulate. at the Company’s sole discretion, appropriate management structure and policies, rules and regulations for the said community center/recreational facilities and upon intimation of the formalities to be complied, the Allottee(s) undertakes to fulfill / comply with the same.

1 The Company has made it specifically clear to the Allottee(s), that the computation of the Total Price as per Schedule II does not include in any manner recovery or payments towards Additional Charges & Deposits and cost towards Statutory Charges, and the Allottee(s) has understood and agreed to the same. The Allottee(s) agrees to pay the additional expenditure incurred thereon on a Proportionate basis along with other buyers/Allottee(s) as determined by the Company in its absolute discretion.

8.2 It has specifically been made clear by the Company to the Allottee(s) that the Total Price does not include in any manner cost towards, convenience store, shops, kiosks, conveniences, recreational activities, club/ community buildings/sites and the same can be independently dealt with by the Company.

3 The Company has further made it clear that the computation of the Total Price of the Plot does not include the cost of individual electricity connection cost including deposit and meter cost; individual water connection cost from main supply line, sewerage connection cost from main sewerage line, storm water connection cost from the main line (as applicable per the statute), as well as any fitting or fixture required for the said installation, which shall be got installed by the Allottee(s) atits own costs, efforts and expenses and any other unforeseen costs applicable per the statute The Allottee(s) shall pay, on demand, to the Company as may be determined, at the time of providing necessary connections from the Main Line laid down along the road serving the Said Plot. (pg 13)

The Allottee(s) agree that the Company or its subsidiaries/affiliates may at their sole discretion and subject to Government Approval, as may be necessary, enter into an arrangement for generating, supplying power including power backup to various facilities within or outside the Said Project, to which the Allotters) confirms that it shall have no objection to such arrangement and gives complete consent to the same inclusive of it being an exclusive source of power supply to the Said Project or Said Plot as and when it comes up at tariffs fixed by the Company and the Allottee(s) shall have no right to raise any dispute with regard to such arrangement.

8.5 The Allottee(s) shall pay proportionate charges separately, as and when demanded by the Company, for the installation of electric substation including transformers, LT/HI lines, distribution panels, meters, security deposit, If any payable to the said agency supplying electricity or water etc.

8.6 The Allottee has agreed to pay Preferential Location Charges as stated in Schedule II. However, if due to any change in the layout plan/building plan as directed by the Director, Town & Country Planning Department on its own or upon request by the Allottee(s), there is change in location of the Plot, to any other preferential location, where the PLC is higher than the rate as mentioned hereinabove, then in such a case, the Allotter(s) shall be liable to pay the PLC as per the revised PLC decided by the Company. However, if due to the change in the layout plan, the Plot ceases to be preferentially located, then in such an event the Company shall be liable to refund the amount of PLC paid by the Allottee(s), with simple interest @ 6%, and such refund, if the Allottee(s) so agree, shall be adjusted in the following installment to be paid by the Allottee(s) as per the Schedule of Payment given in Schedule II. (pg 14)

THE SAID PLOT

9.1 The Allottee(s) has inspected the approved Layout/Zoming Plans for the Said Land sanctioned by GMADA/Competent Authority, which have been duly prepared by the architects and consultants of the Company, and identified the location of the Said Plot, which may be subject to change, alteration, modification, revision, addition, deletion, substitution or recast as per the directions of Competent Authority (ies). The Allottee(s) shall not raise any dispute/claim against the Company in this regard. However, in certain special circumstances, even after sanction of the layout plans of the Plot, the Company may, at its discretion, change. alter, modify, revise, add, delete, and substitute the Said Plot. If the Allottee(s) writes to the Company within 30 (thirty) days of intimation by the Company, indicating his non-consent/objections to such alterations/modification, then the allotment shall be deemed to be cancelled and the Company shall refund the balance amount, without any interest, after deducting the Earnest Money and delayed interest, if any.

9.2 The Allottee(s) further agrees that the Allottee(s) has the right of ownership with regard to the Said Plot only and by way of paying towards proportionate undivided share of the common areas and facilities by way of Additional Charges & Deposits. The Allottee(s) has the right to use only such general common areas and facilities, as earmarked by the Company, subject to timely payment of maintenance charges. The Allottee(s) shall me the common area and facilities harmoniously along with other Allottee(s), maintenance staff etc., without causing y inconvenience, hindrance or nuisance to them.

9.3The Allottee(s) further agrees that all other developments that are coming up/proposed to come up on Phase II lands, Additional lands are specifically excluded from the scope of this Agreement to the exception of usage of Club facility, as and when the same is developed by the Company and the Allottee(s) shall not be entitled to any ownership rights, right of usage, title or interest etc. in any form or manner whatsoever on such lands, areas, facilities and amenities. which have not been included in computation of Plot Area for calculating Total Price and Additional Charges & Deposits as the Allottee(s) has not paid any price for use and ownership of such lands, areas, facilities and amenities, which vests solely with the Company, its associates/subsidiary Companies and their usage. manner/method of use, disposal etc. shall be the sole discretion of the Company. (pg 15)

The complete descriptions of the Said Plot, being subject matter of his allotment, has been provided in Schedule IV hereto.

HANDING OVER OF POSSESSION OF THE SAID PLOTANY EXECUTION OF DEED

10.1 Subject to other terms of this Agreement, including but not limited to timely payment of the Total Price and other charges mentioned in this Agreement, the Company shall endeavor to offer possession of the Said Plot within 24 (benty four) months from the date of allotment with a grace period of 6 (at) months/ even earlier to said 24 (twenty four) months from date of allotment upon receipt of written intimation by the Company in this regard to the said Allottee(s)

10.2 The Allottee(s) agrees and understands that the Company shall be entitled to a grace period for applying and obtaining the occupation/completion certificate (partial or complete, as the case may be) in respect of the Said Plot and/or the Project

10.3 Notwithstanding the above, the Company shall be entitled to an extension of time if the handing over of possession of the Said Plot is delayed on account of any of the following reasons-

a) Non-availability of steel, cement, other building materials, water or electric supply or labour, or

b) Any change in the Applicable Law or existence of any injunction, stay order, prohibitory order or directions passed by any Court, tribunal body or Competent Authority; or

c) Delay in securing any permission, Approvals. NOC, sanction building plan, building completion and/or occupation certificate, water, electricity, drainage or sewerage connection from the Competent Authority for reasons beyond the control of the Developer, or

d) Force Majeure Event or any other reason (not limited to the reasons mentioned above) beyond the control of or unforeseen by the Company, which may prevent or delay the Company in performing its obligations as specified in this Agreement.

In case there is any delay on account of the aforesaid reasons, the Company shall keep the Allottee(s) informed about the same along with a revised tentative date of possession. Further if the Company is unable to handover the Possession within the revised period, the Allottee(s) shall be entitled to give written notice to the Company within 30 days from expiry of such period seeking termination of this Agreement, in which case the allotment shall stand cancelled and the Company (pg 16)

shall be at liberty to sell or dispose off the Said Plot to any other party at such price and upon such terms and conditions as the Company may deem fit and thereafter upon full realization of the sale price, refund to the Allottee(s) the amounts paid by the Allottee(s) in respect of the Said Plot inclusive of simple interest 06% on the said amounts. The Allottee(s) shall have no other right or claim against the Company in respect of the Said Plat.

The Company shall offer possession by issue of a written notice (“Possession Notice”) requiring the Allottee(s) to complete the following within the period of 30 days:

Pay the balance of the Total Price together with any past dues and interest thereon and additional charges (if any) to the Company; and
Take over the physical possession of the Said Plot from the Company.

The date on which the period of 30 days specified in the Possession Notice shall expire shall be the “Possession Expiry Date”

4.5 The Allottee(s) undertakes to execute the Deed with the Company in the format prescribed and get the same duly stamped and registered with the Sub Registrar – Majri. Tehsil Kharar, District SAS Nagar, Punjab. The Deed shall be executed and got registered upon receipt of the entire consideration as per the Payment Plan, other dues and charges and/or expenses as may be payable or demanded from the Allottee(s) in respect of the Plot, allotted to him. The Allottee(s) undertakes to get the Deed executed within 30(thirty) days from the date of the Company intimating in writing the receipt of the completion/occupation certificate (partial or complete, as the case may be) from the Competent Authority. In case the Allottee(s) fails to get the same executed within the said period, the same shall be an Allottee(s) Event of Default under this Agreement as specified under Clause 8.1 herein.

4.6 The Allottee(s) understands and acknowledges that the Company is entitled to complete the Project in Phases and it may be so that at the time of issuance of the Possession Notice, or the Allottee(s) is handed over the possession of the Said Plot or the Deed has been executed in favor of the Allottee(s); the Common Areas and Facilities, whether in whole or in part, may not be complete and fit to be used by the Allottee(s). The Allottee(s) hereby expressly agrees, undertakes and declares that he has no objection whatsoever to the same and at no point of time the Allotter(s) shall raise any objection/dispute to the same The Allottee(s) purchasing the Said Plot after receiving full and complete disclosures in this regard from the Company.

7 It is expressly agreed between the Parties that at the time of issuance of the Possession Notice, the Allettnetd shall fully satisfy himself with regard to completion of the Said Plot. From the Possession Expiry Date the Allottee(s) shall not be entitled, at any time thereafter, to raise any dispute, objection or contention whatsoever in this regard. From the Possession Expiry Date the Company shall not be held responsible for any loss or damage to the Said Plot arising from the deterioration, injury or decrease in value of the Said Plot. Further, the Allottee(s) shall be liable to bear and pay from the Possession Expiry Date, the proportionate charges of all outgoings/charges in respect of the Said Plot as may be levied by the Company or Association or Maintenance Agency, as the case may be, together with all rates, taxes, cesses inclusive of labourcesses, assessments, betterment charges, levies etc, under the Applicable Laws.

4.8 All costs, charges, expenses etc. towards the execution and registration of the Deed including but not limited to documentation, printing, stamp duty, registration and other miscellaneous expenditure that may be required for the same shall be borne and paid by the Allottee(s)

4.9 In the event the Allottee(s) fails to take over possession of the Said Plot within 30 days from the Possession Expiry Date, as defined in Clause 4.3 above, the same shall be an Allottees’ Event of Default under this Agreement, and without prejudice to any other right that may be available to the Company including cancellation/revocation of the allotment under Clause8.2, the Allottee(s) shall be liable to pay to the Company holding charges at the rate of Rs. [30] per sq. yds. per month of the Plot Area of the Said Plot (“Holding Charges”) as the cost of necessary upkeep and maintenance of the Said Plot for the period of such delay. During the period of said delay the physical possession of the Said Plot shall continue to be in possession of the Company but at the sole risk, responsibility and cost of the Allottee(s). At any time during the period of such delay the Company may, at its sole discretion, and without prejudice to its right to recover the Holding Charges from the Allottee(s), cancel this Agreement in terms of Clause8.2 herein.

5 TIME FOR CONSTRUCTION

5.1 The Allottee(s) agrees, undertakes and confirms that to maintain homogeneity of the Project, in terms of standard specifications of the residential units being built in the Project, the Said Plot allotted to the Allottee(s) can be used only for residential purposes and the Allottee(s) hereby undertakes to use and develop the Said Plot for residential purpose only and not for any other purpose whatsoever.

5.2 The Allottee(s) agrees and understands that the Allottee(s) shall complete the construction on the Said Plot and obtain Completion Certificate from the (pg 18)

Competent Authority with 4(four) years from the date of offer of possession by the Company and obtain all necessary permissions, sanctions and permits for the same on the Said Plot at the Allottee(s) sole costs and expenses. For this purpose, the Allottee(s) undertakes to abide by all rules, bye-laws, notifications, circulars of the local authorities and shall conform abide by and adhere to the same at all. Times.

5.3 In case the Allottee(s) fails to complete the construction on the Said Plot within the stipulated period, the Company shall be entitled to proceed against the Allottee(s) according to the terms and conditions of the Agreement and seek all such remedies against the Allottee(s) in terms of the Agreement and according to law. The Company may, at its sole discretion, extend the period for the aforesaid construction upon the Allottee(s) making payment of the late construction charges Rs. 20- per sq. yards per month for the first delay of one year. Thereafter, the late construction charges may be increased, if the delay continues beyond a period of 12 (twelve) months. These charges are distinct and separate from the holding charges, payable by the Allottee(s).

5.4The Allottee(s) undertakes and agrees that the development of the Said Plot and construction on the Said Plot shall be carried out strictly in accordance with the plans/nomenclature prepared by the Company in accordance with the Government Approved Zoning and further undertakes and agrees that the facade (including the elevation style, themes, material finishes, frame, fenestrations and boundary walls etc.) of the building constructed by Allottee(s) on the Said Plot shall be in accordance with the guidelines, if any, provided by the Company to the Allottee(s) in this regard, which shall be scrupulously followed by the Allottee(s).

6 REPRESENTATIONS, COVENANTS AND OBLIGATIONSOFALLOTTEE(S)

The Allottee(s) agrees, confirms, and warrants to the Company as under-

Upon taking over possession of the Said Plot, any construction to be undertaken on the Said Plot shall be done in accordance with law. The Allottee(s) further undertakes that the said construction works shall notpose any danger and nuisance to the other occupants/purchasers in the Project, shall not use underground water for construction purposes, shall cater for rain water harvesting and also protect against fire, pollution or health hazards, noise, etc.

6.2 The Allottee(s) has inspected all documents/papers as available with the Company in relation to the Project, including but not limited to the title documents, building plans sanction and other approvals obtained from the (pg 19)

Competent Authoritiesand the Allottee(s) is fully satisfied about the rights, title and interest possessed by the Company over the same and quality of construction at the Project, and after having full knowledge of the Applicable Laws to which the Project is or be subject to in future.

6.3 The Company shall be entitled to sell all such areas, developments and buildings in the Project to third parties Le. other than the owners of plots, independent floors, apartments or Association, as may be permissible under the relevant regulations from time to time. The Allottee(s) agrees and confirms that he shall not raise any objection/ challenge to the same either on his own or through the Association.

6.4 The Company may add structures in the Project or undertake revisions / alterations/changes within the Project (including but not limited to the common amenities, structures, facilities, services etc.), as the Company may deem appropriate and as may be permitted under law. The Company has assured the Allottee(s) that it shall not undertake any such additional construction/revisions/ alterations/changes within the Project without obtaining the requisite approvals from the Competent Authority under the Applicable Laws. All such additional constructions/revisions/ alterations/ changes in the Project (including but not limited to the common amenities, structures, facilities, services etc.) shall be to the benefit and accretion of the Company and the Company shall be entitled to deal with the same as it may like without any intervention or interest or claim of the Allottee(s) Association. It is hereby further agreed and understood by the Allottee(s) that in case of any additional construction at the Project, the common areas and facilities of the Project shall be jointly shared by the existing Allottee(s) and the new Allottee(s) of the additional construction. The Allottee(s) hereby grants its unequivocal consent to the Company to carry out such additional construction in the Project. The Allottee(s) agrees to sign all further documents, if any that may be required by the Company in respect of such consent and no objection for further construction.

6.5 The Allottee(s) has understood and agreed to comply with the terms and conditions of sale of the Said Plot as set forth in this Agreement and understood his rights, obligations and liabilities in respect thereto.

6.6The Allottee(s) agrees to abide by all the Applicable Laws which are applicable or will be applicable to the jurisdiction in general and to Said Project including the Said Plot in particular.

6.7 The Allottee(s) shall use the Said Plot only for the ‘residential’ purposes as per the

povisionsi of this Agreement and Bye Laws of the Association and shall neither (pg20)

use the same for any purpose which may or is likely to cause nuisance or annoyance to the occupiers of adjacent plot(s)/independent floor/apartments in the Project nor for any illegal or immoral purposes nor interfere with the use of roads or amenities available for common use. The Allottee(s) shall indemnify the Company against any action, damages or loss due to misuse for which the Allottee(s)/occupants shall be solely responsible.

In case all or any of the Allottee(s) is a non-resident/ foreign national/person of Indian origin governed by the provisions of the Foreign Exchange Management Act, 1999 and rules/regulations framed there under or by the Reserve Bank of India in that regard, then it shall be the responsibility and obligation of such Allottees) to obtain all necessary permissions, approvals, sanctions etc, as may be required from the governmental authorities and comply at all times with all provisions including but not limited to the remittances from foreign country(ies) to be made to the Company. The Allottee(s) shall be required to provide and deliver to the Company all such permissions, approvals, sanctions, documents etc. an may be asked for by the Company, along with the following details-

Beneficiary’s Name
Beneficiary’s Account Number
Bank Name
Branch Name
Bank Address
Swift Code

The Company shall not be liable or responsible for any default or negligence on the part of the Allottee(s) in this regard and the Allotteets) agree to keep the Company fully indemnified at all times for any loss, cost, harm or injury caused to it for any reason whatsoever in this regard.

The Allotton(s) shall neither encroach upon the common areas and facilities, available for common use in the Project nor store any goods, objects, articles, belongings etc. in such areas or block the same in any manner whatsoever.

The Allottee(s) shall not store in the Said Pee or being into the Project any goods or articles of hazardous, combustible or dangerous naturn or are so heavy as to damage the construction or structure of the Project or which is objected to by the Company or the Association. If any damage is caused on account of any such act negligence or default on part of the Allottee(s) or his employees, agents, servants, guest or invites, the Allottee(s) dull be liable and responsible for the consequences thereof, including the obligation to pay for the of loss and/or damage caused as may be levied by the Company or the Association orMaintenance Agency, as the case may be, whose decision in this regard shall be final and binding on the Allottee(s). (pg21)

The Allottee(s) shall not throw dirt rubbish, rags, garbage or other refuse or permit the same to be thrown from the Said Plot in the common area and facilities or Limited or any portion of the Project The Allottee(s) shall not be entitled to install its personal / individual generator(s) for providing power back up to the Said Plot. However, it may install UPS/Inverter systems within the Said Plot

6.13. The Allottee(s) undertakes not to sub-divide the Said Plot.

6.14. The Project shall always be known as “THEPALM” and this name shall not be changed by anyone including the Allottee(s) or hislessees/occupant(s)/transferee(s)/(u) etc.

6.15 The Allottee(s) may, for the purpose of facilitating the payment of the Total Price obtain financial assistance from banks/financial institution after obtaining prior written permission from the Company. Any such arrangement/agreement shall be entered into by the Allotted at his sole cost, expense, liability, risk and consequences. In the event of obtaining any financial assistance and/or housing loan from any bank/financial institution, the Company may issue the permission/NOC as may be required by the banks/financial institution subject however, that the Company shall by no means assume any liability and/or responsibility for any such loan and/or financial assistance which the Allottee(s) may obtain from such bank/financial institution. The Allottee(s) shall, at the time of grant of permission or NOC by the Company, furnish an undertaking/declaration to the Company to indemnify the Company for all costs, expenses, injuries, damages etc. which the Company may suffer for any breach/default that may be committed by the Allottee(s) to the third party (les)/banks/financial Institution. In this regard, the Company may at the request of Allottee(s), enter into a tripartite agreement with the Allottee(s) banker/financial institution to facilitate the Allottee(s) to obtain the loan from such bank/financial institution for purchase of the Said Plot. The Allotter(s) hereby agrees that the Company shall be entitled to cancel this Agreement at the request of the Allottee(s) banker/financial institution in the event of any breach of the terms and conditions under the loan agreement/tripartite agreement committed by the Allottee(s).

6.16. The Allottee(s) shall not put up any name or sign board, neon sign, publicity on advertisement material at any place within the Project ur on the external facade of (pg 22)

the Project ever, the Allottee(s) may affix name plates/name boards only at the designated as may be previously approved in writing by the Company or the Association, as the case may be.

6.17.From the Possession Expiry Date, as defined in Clause 4.3 above, till the time each such Plotin the Project is not separately assessed, the Allottee(s) agrees to pay on demand all taxes charges, cess, dues demands etc. and/or any enhancement thereof whether leviable now or in future, on the Subject Lands or Project, as the case may be in proportion to the Total Plot Area of the Said Mot. Such apportionment of the taxes, charges, dues, demands or enhancement etc. thereof shall be made by the Company or the Association, as the case may be, and the e shall be conclusive, final and binding upon the Allottee(s).

6.18. The Allottee(s) hereby agrees and undertakes that upon taking over possession of the Said Plothe shall become a member of the Association to be formed in the Project and to sign and execute the application for registration, other papers and documents necessary for the formation of and registration of such Association The Allottee(s) shall observe and perform all the rules, regulations of the Association that may be specified in detail under the Bye Laws of the Association The Allottee(s) shall also pay and contribute regularly and punctually towards all charges, costs, fees, subscription or other out-goings as may be demanded or called opon by the Association or Maintenance Agency, as the case may be.

6.19. That Allottee(s) hereby agrees that if the Company is directed by the Competent Authority(ies) to earmark a portion of the Said Land for construction of units for economically werker sections (EWS) of the society or schools, shops premises/building etc., the Allottee(s) shall have no right to object to its location as may be decided by the Company and approved by the Competent Authority(ies) and shall not have any right, title or interest in any form or manner In such land and further agrees not to have any claim er right to it.

6.20. The Allottee(s) hereby agrees to ply with, from time to time, all the requirements, requisitions, provisions etc. of the Applicable Laws as may be in force and/or come into force in respect of the Project, including but not limited to the execution and registration of the documents as required under the provisions of Act in force.

6.21. The Allotte(s) agrees and undertakes to pay all other charges on actual basis towards electricity, water and sewerage connection, cont of electricity and water meter, cost of optical network terminal/un for providing FTTH facility etc as may be demanded by the Company at the time of possession. (pg 23)

24 shouldn’t be included

The Allottee(s) have specifically agreed that the allotment of the Sald Plot shall be subject to strict compliance of code of conduct that may be determined by the Maintenance Agency/Company for occupation, use, operation hours of various Maintenance Services, general compliance for occupants of the Said Project, regulation as to entry/exit of the visitors, invitees, guests, security etc.

7.4 The Allottee(s) further agrees to deposit IBMS @ Rs. 500/- per iq yds and agrees to keep it deposited with the Company/Association/Maintenance Agency and in the event the Allottee(s) fails to pay any maintenance bill then the Allottee(s) shall not be entitled to avail any Maintenance Services or use of Common Areas and Facilities and amount of such maintenance bills shall be adjusted in the first instance from the interest accrued on the IBMS and if such accrued interest falls short of the unpaid Maintenance Charges, the Maintenance Agency shall have the right to adjust the same from the principal amount of IBMS.In case due to the said adjustment, the principal amount of IBMS falls below the required amount, then the Allottee shall be liable to make good stich shortfall within 15 (fifteen) days, failing which the Allottee shall be liable to pay interest 18% per annum on the unpaid amount for the period of delay in payment after the due date. If the Allottee defaults in making the shortfall within a further period of 15 (fifteen) days, the Maintenance Agency shall have the right to withhold/discontinue the Maintenance Services for the Said Plot, at any time, without any further notice.

7.5 That as and when any plant, machinery, equipment etc. within the Project including but not limited to electric substation, pumps, fire-fighting equipment. any other plant/equipment of capital nature etc. requires replacement, up- gradation, addition etc. the cust thereof shall be contributed by all the Allottee(s) on proportionate basis. The Company or the Maintenance Agency shall have the sole authority to decide the necessity of such replacement, up-gradation, additions et including its timings or cost therefore the Allottee(s) agrees to abide by the same.

8 EVENTS OF DEFAULT BY THE ALLOTTEE(S) AND CANCELLATION OF THIS AGREEMENT

8.1 The occurrence, happening or existence of any of following events shall be considered as “Allottees’ Event of Default”–

As stipulated in Clause26 of this Agreement, failure to make the entire payment and/or payment of any installiments due out of the balance consideration togetherwith interest payable on the same on or before the expiry of Grace Period – Balance Money; or (pg 25)

Failure to take possession of Said Plot or execute the Deed with the Company in the manner and within such time as set out in this Agreement or failure to make payment towards stamp duty, registration charges, transfer duty, corporation tax and all other incidental and legal expenses; or

(iii) As stipulated in Clause 48 of this Agreement, failure to make payment of Holding Charges and that such failure continues for a period of more than 90 days from the expiry of the Possession Notice; or

(iv) Failure to construct upon the Said Plot in the manner and within such time as set out in Clause 5.2and 5.3 of this Agreement; or

(v) Failure to execute the Maintenance Agreement in terms of Clause 7.1 of this Agreement and/or to pay the Maintenance Charges, as and when called upon by the Developer or the Maintenance Agency, as the case may be; or

(vi) Breach of any of the representations, covenants or failure to perform, comply and observe any of its obligations and responsibilities as set forth in this Agreement.

(vii) Request of withdrawal or surrender of the allotment of the Said Plot, for any reason whatsoever, if any made by the Allottee(s) at any point of time.

8.2 Upon receiving/gaining knowledge of any Allottees’ Event of Default stated above, the Company may, without prejudice to his rights to enforce specific performance of the terms and conditions stipulated herein, through a written notice served upon the Allottee(s) cancel this Agreement from such date as may be specified in the written notice.

8.3 However, notwithstanding the aforesaid absolute rights of the Company to cancel this Agreement, the Company may, at its sole discretion, call upon the Allottee(s) by way of a written notice to rectify/cure the Allottees Event of Default within the time period as may be specified therein. Upon failure of the Allottee(s) to rectify/cure the Allottees’ Event of Default within the time period stipulated in the said notice, without prejudice to any other right or remedy available to the Company under law or as envisaged in this Agreement, the Company shall have the right to forthwith cancel this Agreement without any further notice/intimation to the Allottee(s)

8.5 On and from the date of such termination on account of Allottees Event of Default as mentioned herein above (“Cancellation Date”), the Parties mutually agree that: (pg 26)

The Company shall, out of the entire amounts paid by the Allottee(s) to the Company till the Cancellation Date, forfeit the entire Earnest Money, brokerage paid by the Company to the brokers (in case the booking is done through a broker), and any other dues payable by the Allottee(s) including interest on delayed payments as specified in this Agreement;

(ii) After the said forfeiture, the Company shall refund the balance amount to the Allottee(s) or to his banker / financial institution, as the case may be, without any interest, only upon realization of money from re-sale/re-allotment of the Said Plot to any other Party;

(iii) On and from the Cancellation Date, the Allottee(s) shall be left with no right, title, interest, claim, lien, authority whatsoever either in respect of the Said Plot or under this Agreement and the Company shall be released and discharged of all its liabilities and obligations under this Agreement;

(iv) On and from the Cancellation Date, the Company shall be entitled, without any claim or interference of the Allottee(s), to convey, sell, transfer and/or assign the Said Plot in favour of third party(ies) or otherwise deal with it as the Company may deem fit and appropriate, in such a manner that this Agreement was never issued to the Allottee(s) and without any claim of the Allottee(s) to any sale proceeds of such conveyance, sale, transfer and/or assignment of the Said Plot in favour of third party(ies).

8.5The said refund by the Company to the Allottee() as stated in Clause (i) herein above, sent through cheque/demand draft by registered post acknowledgement due or by courier at the address of the Alleftee(s) mentioned herein, shall be full and final satisfaction and settlement of all claims of the Allottee(s) pursuant to this Agreement, inspective of whether the Allottee(s) accepts/encashes the said cheque/demand draft or not.

9 NOMINATION/ ASSIGNMENT

9.1 The Allottee shall not be entitled to transfer/assign the entitlements under this Agreement for a period of 4 months from the date of this Agreement. Thereafter the Allottee may after obtaining prior written consent of the Company, assign/transfer his rights, title and interest in the Said Plot under this Agreement to any third person/entity, only with the prior written consent and approval of the Company and receipt of No Objection Certificate (NOC) from the Company. failing which any such assignment/transfer shall be considered null and void. The Company shall issue the said NOC at its discretion subject to payment and clearance of all outstanding monies due and payable by the Allottee(s) under this Agreement and payment of transfer/administrative fee for such assignment/transfer as may be determined by the Company from time to time. (pg 27)

Such consent/permission shall always be subject to Applicable Laws, notifications/governmental directions.

9.2 Upon the grant of consent/ NOC by the Company, any such assignment/ transfer in favour of a third person/entity shall be notified to the Company and all such transferee(s) shall furnish requisite undertakings and indemnities, as may be required by the Company, to abide by all the terms and conditions of this Agreement. The Allottee(s) shall solely be liable and responsible for all legal and other consequences that may arise due to acceptance of application for such transfer/assignment.

9.3 The Allottee(s) hereby nominates and constitutes the following persons as their respective nominees (the “Designated Nominees“) under this Agreement-

(i) Mr./Ms.______________________________________________son of/ wife of /daughter of

___________________________________, age___________ years resident Of the nominee of

_________________________________________________________________as nominee of
_________________________________________; and

(ii) Mr./Ms._____________________________________________son of/ wife of /daughter of

___________________________________, age___________ years resident Of the nominee of

_________________________________________________________________as nominee of
_________________________________________.

9.4 In case of death of any one of the Allottees, the Designated Nominee of the deceased Allottee(s) shall inform the same to the Company along with (i) copy of the will of the deceased Allottee(s) or any other document / Court order / succession certificate under which the Designated Nominee of the deceased Allottee(s) has acquired the rights and entitlements of the deceased Allottee(s) as envisaged under this Agreement and/or a Court order to that effect, and (ii) a consent/ no-objection letter duly signed by all other class I legal heirs of the deceased Allottee(s) stating, inter alia, that they have no objection to the purchase of the said Plot by the Designated Nominee in terms of this Agreement.

9.5 Upon such intimation, the Company shall endorse this Agreement in favour of the Designated Nominee along with the other surviving Allottee(s). The said endorsement by the Company shall constitute full discharge of all compliances by the Company towards the deceased Allottee(s), his/her Designated Nominee as well as the estate, legal heirs, beneficiaries, executors, administrators and successors of the deceased Allottee(s) and no claim shall lie against the Company by any person in this regard. However, at any time later in case any dispute arises with respect to such endorsement in favour of the Designated Nominee, the (pg 28)

Designated Nominee shall immediately notify the same to the Company and the performance of the terms of this Agreement by the Company shall stand suspended forthwith till the time said dispute has not been settled in the Company’s sole opinion. In the event the Company incurs any loss, expenses, costs and charges (collectively referred to as the “Losses“) in respect of any claim, demand, liabilities, proceedings or actions that may be filed, made or initiated against it in respect of or in connection with such endorsement in favour of the Designated Nominee, the Company shall be entitled to be indemnified absolutely against any such Losses from the estate of the deceased Allottee(s) or to deduct the same from the monies already paid to the Company under this Agreement.

2. MORTGAGE

2.1 The Allottee(s) hereby agrees and consents that no lien or encumbrance shall arise against the Said Plot as a result of this Agreement or any money deposited hereunder by the Allottee(s). The Allottee(s) further agree that the provisions of this Agreement are and shall continue to be subject and subordinate to the lien of any mortgage hereto before or hereinafter made/created by the Company and such mortgage(s) or encumbrances shall not constitute an objection to the title of the Said Plot or excuse the Allottee(s) for payment of the Total Price of the Said Plot or performing its other obligations hereunder or to the basis of any claim against or liability of Company provided that at the time of execution of the Deed the Said Plot shall be free and clear from encumbrances, lens and charges whatsoever. In case the Allottee(s) have opted for long term payment plan with any financial institutions/banks, the conveyance of the Said Plot in favor of the Allottees) shall be executed only on receiving no objection certificate by the Company from such financial institutions/banks

2.2 The Company shall have the first charge/lien on the Said Plot for the recovery of Total Price, Additional Charges and Deposits as may be demanded by the Company from time to time. Further, in the event of the Allottee(s) failure to pay Total Price, Additional Charges and Deposits, the Company will be entitled to enforce the charge/lien by selling the Said Plot to recover and receive the outstanding dues out of the sale proceeds thereof.

2.3 The Allottee(s) may obtain finance from any financial institution/bank or any other source but the Allottee(s) obligation to purchase the Said Plot pursuant to this Agreement shall not be contingent on the Allottee(s) ability or competency to obtain such financing and the Allottee(s) will remain bound under this Agreement whether or not the Allotte) have been able to obtain financing for the purchase of the Said Plot. (pg 29)

RIGHT TO TRANSFER OWNERSHIP

3.1 It is hereby expressly agreed by the Allottee(s) that so long as the rights herein grated in favour of the Allottees) in respect of the Said Plot and proportionate undivided interest in the common areas and facilities are not prejudicially affected; the Company shall be at liberty to sell, assign, mortgage or otherwise deal with or dispose of all their rights, titles and interests in the Said Lands or Said Project or any part thereof to third party(ies) as may be permitted under the Applicable Laws. The Company however shall take an undertaking from the said third party(ies) assuring the Allottees that the third party(ies) shall abide by and confirm with the terms and conditions laid out in this Agreement and obligations arising therefrom.

3.2 REGISTRATION

That within 10 (ten) working days of the execution of this Agreement, the Allottee(s) agrees and undertakes to come forward and be present for the registration of the said Agreement, on________ 12 PM.

3.3 STAMP DUTY

The stamp duty, registration charges, transfer duty, legal expenses and all other miscellaneous and incidental expenses for execution of the Deed of the Plot in favor of the Allottee(s): the proportionate share of stamp duty and registration fee, as may be applicable, for formation of the Association, and any additional stamp duty and registration charges, in the event the same becoming payable due to change or interpretation of Applicable Law, notification, order etc. including the stamp duty and registration fee which may be demanded by the Competent Authority due to under valuation of stamp, shall be borne and payable by the Allotter(s) as and when demanded by the Company.

3.4 BROKERAGE

In case the Allottee(s) has to pay any commission or brokerage to any person for services rendered by such person to the Allottee, whether in or outside Pakistan for acquiring the Said Plot, the Company shall in no way whatsoever be responsible or liable therefore and no such commission or brokerage shall be deductible from the amount of price agreed to be payable to the Company for the Said Plot. Further the Allotter undertakes to indemnify and hold the Company free and harmless from and against any in all abilities and expenses in this connection. (pg 30)

SEVERABILITY

Any provision of this Agreement which is prohibited, unenforceable or is declared or found to be illegal, unenforceable or void shall, be ineffective only to the extent of wich prohibition or unenforceability without invalidating the remainder of such provision or the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. If any such prohibition or unenforceability substantially affects or alters the terms and conditions of this Agreement, the Parties shall negotiate in good faith to amend and modify the provisions and terms of this Agreement as may be necessary or desirable in the circumstances to achieve, as closely as possible, the same terms, covenants and conditions as were there in this Agreement prior to such prohibition or unenforceability.

4.1 WAIVER

The failure of any non-defaulting Party to enforce, in any one or more instances, performance of any of the terms, covenants or conditions of this Agnement shall not be construed as a waiver or a relinquishment of any right or claim granted or arising hereunder or of the future performance of any such term, covenant, or condition, and such failure shall in no way affect the validity of this Agreement or the rights and obligations of the non-defaulting Party. The Parties acknowledge that a waiver of any term or provision hereof can only be given by a written notice issued on that particular occasion by the non-defaulting Party to the Party in default.

4.2 COMPLIANCE WITH APPLICABLE LAWS

At all times the Allottee(s) shall keep himself fully informed of the Applicable Laws, in relation to the carrying out activities from the Said Plots and renewal of licenses, permits, and certificates and payment of taxes where required.

4.3 The Allottee agrees to pay directly or if paid by the Company, then reimburse to the Company on demand, Government rates, property taxes, wealth taxes, taxes of all and any kind by whatever name called whether levied or leviable now or in future on the Said Plot or on the construction made thereon, as the case may be, as assessable from the date of application of the Allottee and the same shall be borne by the Allottee in proportion to the Total Plot Area ofthe said Plot. Further the Allottee shall be liable to pay from the date of his/her/their application, house tax/property tax, firefighting tax or any other fee or cess as and when levied by a local body or authority and so long as the Said Plot of the Allotte is not separately need to such to fee or cess, the same shall be paid by the Allottee(s) in proportion to the Total Plot Area of the said Plot. The Company shall periodically intimate to the Allotteet) herein, on the basis of certificates from a Chartered Engineer and/or a Chartered Accountant, the amount payable as stated above which shall be final and binding on the Allottee(s) and the Allottee(s) shall make payment of such amount within 30 (thirty) days of such intimation, (31)

INDEMNITY

The Allottee(s) undertakes to indemnify and keep the Company, other occupants and Maintenance Agency and its officers / employees fully indemnified and hold harmless from and against any actions, suits, claims, proceedings, damages, abilities, losses, expenses or costs (“Claims”) faced, suffered, inflicted or incurred by the Company, other occupants and/or the Maintenance Agency as consequence of breach of any of the terms and conditions of this Agreement as also of any of its representations or warranties not being found to be true at any point of time or any other act or omission on the part of the Allottee(s) or on the part of his personnel and/or representatives. It is agreed that the Allottee(s) shall be responsible for the failure to comply with the obligations herein or for the occurrerice of any Hazard on the said Plot due to the Allottees’ willful misconduct and/or negligence. In such an event, the Allottee(s) shall keep and hold the Company fully indemnified for the quantum of loss, penalty caused or horne by the Company, claims or demands raised on the Developer/Company due to such willful misconduct and/or negligence on the part of the Allottee(s).

4.5 NOTICE

Any notice. demand or other communication to be served under this Agreement may be served upon any Party only by e-mail or registered speed post with acknowledgement due or through courier service at the email address/postal address provided to the Developer/ mentioned above, or at such other e-mail address/postal address as it may from time to time be notified in writing to the other Party.

4.6 In case of more than one Allottee(s) all e-mails, letters, receipts and or notices etc Issued by the Company or the Association or Maintenance Agency and dispatched to the first mentioned Allottee(s) onto the above mentioned email address/postal address or any e-mail address/postal address later notified by the Allottee(s), shall be a sufficient proof of receipt of the same by all the Allottee(s) and shall fully and (pg 32)

effectively discharge the Company or the Association or Maintenance Agency of its obligation in this regard.

4.7 In case of change of address of the Allottee(s), the same shall be informed to the Company, Association and the Maintenance Agency well in advance by the Allottee(s).

DISPUTE RESOLUTION

20.1. The rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws in India.

20.2. All or any disputes that may arise with respect to the terms and conditions of this Agreement, including the interpretation and validity of the provisions hereof and the respective rights and obligations of the parties shall be first settled through mutual discussion and amicable settlement, failing which the same shall be settled through arbitration. The arbitration proceedings shall be under the Arbitration and Conciliation Act, 1996 and any statutory amendments/ modification thereto by a Sole Arbitrator who shall be a retired judge/bureaucrat, to be appointed by the Company or if the Company is unable to do so, then to be appointed by the Court. The decision of the Arbitrator shall be final and binding on the parties.

20.3. The venue of Arbitration shall be at Chandigarh and only the Courts at Punjab shall have the jurisdiction in all matters arising out of this Agreement.

21. AGREEMENT

21.1. This Agreement along with its annexures contains the entire understanding between the Parties in respect of the subject matter and shall not be modified (whether by alteration, addition or omission) otherwise than by writing duly signed by all the Parties. This Agreement constitutes the entire understanding/ agreement between the Parties and there are no promises or assurances or representations, oral or written, express or implied, other than those contained in this Agreement. The Allottee(s) hereby expressly admits acknowledges and confirms that no terms, conditions, particulars or information, whether oral. written or otherwise, given or made or represented by the Company and/or its agents to the Allotteets) and/or his agents, including those contained/given in any advertisement or brochure or publicity materials, other than such terms, conditions and provisions contained herein shall be deemed to form part of this Agreement or to have induced the Allottee(s) in any manner to accept allotment as per this Agreement. (pg 33)

Both parties agree that they shall execute, acknowledge and deliver to the other sich instruments and take such other actions, in addition to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or parsuant to any such transactions.

21.3. All annexures to this Agreement are an integral part of the Agreement and may only be amended through written consent of the Parties.

214. The Allottee(s) further agrees that in the event of change in Applicable Laws brought about by the Government Authorities, the Allottee(s) agrees that the present Agreement may be modified/reviewed/substituted as deemed necessary.

22. ALLOTTEE UNDERTAKING

22.1.The Allottee(s) confirms that he has fully read and understood the terms and conditions of this Agreement and agrees to abide by the same at all times. The Allottee(s) further confirms of being fully conscious that it is not incumbent on the part of the Company to send him reminders/notices in respect of his obligations as set out in this Agreement and he shall be fully liable for any consequences in respect of defaults committed by him in not abiding by the terms and conditions contained in this Agreement. The Allotte(s) undertakes and assures the Company that in the event of cancellation/revocation of this Agreement as set out in the terms and conditions provided in this Agreement, he/she/it/they shall be left with no right title interest or lien on the Said Plot in any manner whatsoever.

22.2. The Allottee(s) has seen all documents/papers as available with the Company in relation to the Project, including but not limited to the title documents, building plans sanction and other approvals obtained from the governmental authorities and the present Agreement is being entered into by him after being fully satisfied about the rights, title and interest possessed by the Company over the same and quality of construction at the Project and after having full knowledge of the Applicable Laws, to which the Company and/or the Project are or be subject to in future. The Allottee(s) are completely aware of and have understood all limitations /obligations/restrictions (if any) of the Company in respect thereof and confirm that he shall neither investigate the same further nor raise any objections whatsoever in this respect.

22.3. The Alloties(s) further confirm having sought detailed explanations and clarifications from the Company and that the Company has readily provided such explanations and clarifications and after giving careful consideration to all facts terms conditions and representations made by the Company, the Allottee(s) herein has/have accepted the allotment and counter-signed this Agreement and has paid the money(ies) hereunder being fully conscious of his liabilities and obligations (pg 34)

. COUNTERPARTS

23.1. This Agreement has been issued in duplicate copy by the Company, of which one copy has been retained by the Company and the other copy shall be with the first named Allottee(s) for its reference and records.

IN WITNESS WHEREOF, ON THE DAY AND YEAR FIRST ABOVE WRITTEN THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT IN DUPLICATE AND EACH PARTY SHALL RETAIN AN ORIGINAL.

Witnesses: FIRST PARTY (COMPANY)

1. Signature________________________________________

Name_____________________________________________

Address___________________________________________

2. Signature________________________________________

Name_____________________________________________

Address___________________________________________

Witnesses: SECOND PARTY (ALLOTTEE’S)

1. Signature________________________________________

Name_____________________________________________

Address___________________________________________

2. Signature________________________________________

Name_____________________________________________

Address___________________________________________

(36 shouldn’t be included)

SCHEDULE III

ADDITIONAL CHARGES AND DEPOSITS

Additional Charges & Deposits shall be inclusive of but not limited to the following:

Internal Development Charges.
A non-refundable Interest Bearing Maintenance Security (hereinafter referred to as “TBMS”) Rs. 500 per sq yds payable for the Said Plot in accordance with the Payment Plan to secure the Allottee’s obligations of payment of maintenance bills and which shall carry a simple yearly interest.
Stamp duty and registration charges, legal charges etc, which shall be at actuals.
Holding charges.
Late construction penalty.
Club Charges.
Municipal tax property tax, wealth tax, service tax, fees, levies and charges bywhatever name called and increases thereof, Maintenance charges. 8.
All kind of taxes and cesses including but not limited to value added tax, state sales tax, central sales tax, works contract tax, service tax, goods and services tax, as and when made applicable, one time building tax, luxury tax, building and other construction workers welfare fund, education cess and any other Taxes and Cesses by whatever name called paid or payable by the Company and/or its contractors (including sub-contractors), suppliers, consultants, in connection with the development/construction of the Said Plot/Said Project.
Cost for providing power back up including that of equipment’s, invertors, cabling installation etc, fire-fighting equipment etc.
All deposits and charges paid/payable by the Company to Punjab State Power Corporation Limited (“PSPCL”) or any other body, if any.
Proportionate share towards the cost incurred by the Company for constru installation of substation/power house/transformers/equipment’s, etc. if any.
Charges/deposits/costs for creating HT feeder for tapping electricity from State Electricity Board’s source up to receiving point of the Said Project.
Charges/costs for providing connection from feeder pillars upto the Said Plot calling any deposits and costs for meter installation.
Charges/cost of providing sewer, storm water and water connection to the SaidPlot from the main line serving the Said Plot, cost of optical network terminal/unitfor providing FTTH facility etc.
The aforementioned charges shall be paid as and when demanded by the Company and the determination of the proportionate share by the Company shall be final and binding upon the Allottee(s). (pg 39)

(40 to 42 shouldn’t be included)

ALLOTMENT

a) Whereas the Allottee has been allotted a residential Plot bearing No._______ (hereinafter referred to as “Said Plot”), Block _________, Pocket_______ and having an Area of approx.______ sq. yds. The Company and Allottee have executed a Plot Buyer’s Agreement dated _____________, which provides the terms and conditions of allotment of the Said Plot to the Allottee.

b) Whereas it is agreed in the Plot Buyer’s Agreement that maintenance and upkeep of the Said Project including the maintenance of Common Areas and Facilities (hereinafter defined) within the Said Project shall be undertaken by the Maintenance Agency that may be appointed/hired by the Company/Association. Further, under the terms of the Plot Buyer’s Agreement, the Allottee is under an obligation to enter into a Maintenance Agreement with the Maintenance Agency to be appointed/hired by the Association/Company. The Allottee has also agreed to deposit the Interest Bearing Maintenance Security (“IBMS”), hereinafter defined, with the Company/Association.

c) Whereas the Company/Association wants the Maintenance Services to be provided by the Maintenance Agency (hereinafter defined) and the Maintenance Agency is agreeable to provide the said Services on the terms and conditions contained hereinafter.

d) Whereas in furtherance of the entitlement vested in the Company/Association in the Plot Buyer’s Agreement, the Company/Association has appointed/designated the Maintenance Agency as the agency responsible for providing Maintenance Services in the Said Project in accordance with the tripartite Maintenance Agreement to be signed between the Company, the Maintenance Agency and the Allottee of the Said Plot.

e) Whereas in accordance with the above stated understanding, the Company, the Maintenance Agency and the Allottee have agreed to enter into this Tripartite Agreement to provide the terms and conditions, object to which the Maintenance Agency shall provide Maintenance Services to the Allottee. (pg 43)
. BUYER

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS

6.1. Definition

In this Maintenance Agreement, unless repugnant or contrary to the context heuf, the following terms, when capitalized, shall have the meanings assigned herein when used in this Agreement. When not capitalized, such words shall be attributed their ordinaryMeaning.

i) “Association” shall have the meaning ascribed to it in the Plot Buyer’s Agreement.

ii) “Plot Buyer’s Agreement” shall mean the Plot Buyer’s Agreement dated entered into between the Company and the Allottee for the sale of the Said Plot, including all annexures, schedules, terms and conditions of allotment.
iii) “Common Areas and Facilities” shall mean such common areas and facilities within the Said Project which am earmarked for common use by the residents/occupants of the Said Project, as listed down in Annexure I of this Agreement.

iV) “interest Bearing Maintenance Security (BMS)” shall mean the interest bearing maintenance security to be paid by the Allottee for the maintenance and upkeep of the Said Project to be paid as per the Payment Plan to the Company/Maintenance Agency Ra 500/-pers yands of the Said Plot Ares or such other amount that the Company/Maintenance Agency may revise it to and which will carry a simple yearly Interest as per applicable rates on one year fixed deposits accepted by State Bank of India at the close of each financial year on March 31, to be adjusted in the manner to be stated in the Maintenance Agreement.

V) “Maintenance Agency” means the person(s) responsible for providing the Maintenance Services within the Said Project, which includes any person, body corporate, association, sole proprietorship, corporation, joint venture, trust, any government agency or any other organization that may be appointed by the Company/Association for carrying out maintenance and upkeep of the Said Project.

vi) “Maintenance Agreement” shall mean this maintenance agreement along with all Annexures, Appendices Schedules, terms and conditions attached hereto

vii) “Maintenance Charge “shall mean all costs, charge, fee etc. by whatever name called. including but not limited to requisite security deposit, periodic maintenance charges. (pg 44)

sinking funds to payable by the Allottee(s) to the Company, Association of Maintenance Agency, as the case may be, for the right to use the Common Areas and Facilities and provision of Maintenance Services in the Said Project and does not include the charges for actual consumption of utilities in the Said Plots, which shall be charged on actual consumptions basis. The Maintenance Charges with regard to the Said Plot will be calculated on the basis of actual cost of Maintenance Services and shall be computed as under:

(Total Cost of Maintenance Services/Total Area of the Said Project) x Total Area of theSaid Plot

viii) “Maintenance Services Services” shall mean such services to be rendered by the

Maintenance Agency including items as specified in Annexure II of this Agreement.

ix) “Said Plot” shall mean the residential Plot applied for by the Allottee, details of which have been set out in the Plot Buyer’s Agreement and shall include any alternative residential plot, if allotted to the Allottee in lieu of the Said Plot.

x) Said Project” shall have the same meaning as ascribed to it in the Plot Buyer’s (pg 45)

Additional Services – in the event the Allottee requires certain additional services that are not provided herein, it may raise a request to the Maintenance Agency. The Maintenance Agency may agree to provide such services for such costs as may be determined by the Maintenance Agency. In such eventuality, the Maintenance Agency shall also be entitled to demand for additional security deposit.

vi) Enhancement in charges – Maintenance Agency reserves absolute right to increase, revise and modify charges for any of the service to enable Maintenance Agency to provide tocessary Maintenance Services. (pg 46)

Entitlement of the Maintenance Agency to charge Interest-In the event of delay/default by the Allottee in payment of the Maintenance Charges by the due date, the Maintenance Agency shall have the right to adjust the unpaid amount, in the first instance from the interest accrued on the IBMS and if such accrued interest falls short of the unpaid Maintenance Charges, the Maintenance Agency shall have the right to adjust the same from the principal amount of IRMS. In case due to the said adjustment, the principal amount of IBMS falls below the required amount, then the Allottee shall be liable to make good such shortfall within 15 (fifteen) days, failing which the Allottee shall be liable to pay interest 18% per annum on the unpaid amount for the period of delay in payment after the due date. If the Allottee defaults in making the shortfall within a further period of 15 (fifteen) days, the Maintenance Agency shall have the right to withhold/discontinue the Maintenance Services for the Said Plot, at any time, without any further notice.

Entitlement of the Maintenance Agency to terminate–without prejudice to and notwithstanding the rights of the Maintenance Agency to charge interest for the period of delay in payment of any charges by the Allottee, in case the Allottee fails to pay any charges on or before the due date, then the unpaid hill will be deemed to be a notice and the Maintenance Agency shall be entitled to terminate/stop the supply of Maintenance Services including electricity supply though power back up/water supply till the time entire charges along with interest are paid up-to-date by the Allobee to the Maintenance Agency, In such eventuality, the Allottee shall be liable to pay the restoration charges as may be foued by the Maintenance Agency for restoration of the Maintenance Services Without prejudice to any other right or remedy available under law and this Agreement, the Maintenance Agency shall be entitled to terminate this Agreement and permanently stop provision of all Services and restrict the Allottee from use of all Common Areas and Facilities in the event any amount remains unpaid for a period of 2 (two) months.
Difference on accuracy of the amounts – the payment of any charges shall not be held up/delayed if there are any differences or disputes as to its accuracy. Any difference ordisputes regarding accuracy of the bill shall be separately settled as provided in Clause 8 of this Agreement. (pg 47)

Tenure of Agreement

The Maintenance Agency shall provide Maintenance Services as provided in this Agreement until the Maintenance Services are handed over by the Company/Association to any other Assignee/Nominee/other Body Corporate, subject to the Allottee complying with the terms and conditions contained herein. at all times and subject to the Maintenance Agency not terminating this Agreement in accordance with the provisions herein.

Allottee’s Obligations

The Allottee undertakes to comply with the provisions of this Agreement.
The Allottee further agrees that the Allottee’s right to use the Common Areas and Facines and provision of Maintenance Services, shall be subject to regular and prompt of Maintenance Charges as billed by the Maintenance Agency. In case of failure to do the same, the Allottee shall lose the right to use of the Common Areas and Facilities and the Maintenance Agency shall have the right to recover the amounts due as per law.
The Allottee shall maintain the Said Plot at his own cost, in a good condition and shall not do or suffer to be done anything in or to the Said Plot, or to the Common Areas and Facilities which may constitute violation of any law or Rules of any authority or cause detriment to the occupants of the Said Project and keep the Said Plot, its partitions, sewers, drains, pipes and appurtenances thereto or belonging thereto, in good and enable condition and maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the Said Project is not in any way damaged.
The Allottee and/or any person claiming through it shall not use any sign, letter, device sky signe by whatever name called and in any form within and over the Said Project with a view to display his Said Plot and matters related thereto in a manner which may amount to attracting the attention of any third party. The Allotte further undertakes assures and guarantees that he will not put any signboard/name-plate, neon light, publicity material or advertisement material et anywhere in the Said Project or common areas but only at the places provided by the Maintenance Agency for the same. Further the Allottee shall not store any hazardous or combustible goods in the Said Plot or place any heavy material in the Common Areas and Facilities. (pg 48)

49 shouldn’t be incuded

All costs, charges and expenes payable on or in respect of this Agreement and on all other instruments and deeds to be executed, if any, pursuant to this Agreement, legal fees, if any shall be borne and paid solely by the Allottee. Even in the eventuality that the Plot is occupied by a tenant of the Allottee, the Allottee shall be liable to ensure all terms and conditions of this Agreement are complied with at all times and all charges are paid to the Mainteance Agency in a timely manner.

The Maintenance Agency shall be entitled to assign/transfer its rights to any third party without the requirement of any permission or consent from the Allottee. However, the Allottee shall not be entitled to do the same as the entitlements under this Agreement are appurtenant to ownership of the Plot. In the event the Allottee sells/transfers the said Plot, the transferee/purchaser shall automatically be bound by the terms of this Agreement. It shall be the obligation of the Allottee to require the transferee to undertake the same.
The Allottee agrees and understands that the Maintenance Agency has invested substantial time, effort and costs to operate the maintenance in the Said Project. As such, without prejudice to any other right or remedy available under law or under this Agreement, the Maintenance Agency shall have a right of specific performance in case the Allottee defaults in complying with any of its obligations/responsibilities under this Agreement.
The Service Tax and/or any other tax leviable on the charges payable under this Agreement shall be paid and borne by the Allottee.
All payments to be made by the Allottee shall be made by cheque/Demand Draft drawn in favour of “________________________________________” payable at ____________________________________ and shall be subject to realization.
All returned/dishonored cheques shall be subject to legal action under the provisions of Negotiable Instruments Act, 1881 or any modification thereof apart from civil action for recovery of the amount. The Maintenance Agency shall be entitled to recover bank charges in addition to the bill amount. interest @ 18% per annum and other charges as provided in this Agreement in case of dishonored cheques.

The Allottee has understood and hereby agrees that upon entrustment of responsibility of maintaining the Said Project to the Maintenance Agency, the Company has fully discharged its obligations and responsibility in full and henceforth shall not be held responsible for any deficiency of service, accident, theft/pilferage, loss etc, arising due to any acts of umission, commission, negligence of any Allottee/User/Maintenance Agency or other Agencies or its employees. (pg 50)

The Maintenance Agency shall have the right to frame and modify from time to time rules for all occupants/purchasers within the Said Project, which shall be adhered to and observed strictly by the Allottee.

(xviii) The Parties agree that this Agreement is subject to change/execution of new maintenance agreement, solely at the discretion of the Company/Association. The Parties hereby agree to readily execute the amended/new maintenance agreement whenever the need arises. The Allottee further expressly agree, undertakes and declare that he has no objection whatsoever to the same and shall not raise any dispute in this regard at any point of time.

8. Dispute Resolution by Arbitration

In the event of any differences or disputes arising between Maintenance Agency and the Allotte in respect of any matter connected with this Agreements including the accuracyy of bills, supply of services etc., the matter shall be first settled through mutual discussion and amicable settlement, failing which the same shall be referred to arbitration. The arbitration proceedings shall be under the Arbitration and Conciliation Act, 1996 and any statutory Amedments/modifications thereto by a Sole Arbitrator who shall be a retired Judge of the High Court or District Court, to be appointed by the Maintenance Agency or if the Maintenance Agency is unable to do so, then to be appointed by the Court. Reference to arbitration shall be without prejudice to the right of Maintenance Agency to effect recovery of areas of dues (through disconnection of supply or otherwise). The decision of Arbiter shall be final and binding on the Parties and the seat of arbitraton shall be at Chandigarh. The Courts at Punjab alone shall have the jurisdiction in all the matters of dispute arising out of or touching and/or covering this transaction. The cost of the arbitration including fees of the Arbitrator shall be shared by the Parties in equal proportion. It is hereby clarified that before involving this clause the Allottee must clear all outstanding dues whatsoever even if their accuracy are disputed by the Allottee. (pg 52)

Submission of this registration form to the firm with or without signature/thumb impression will be entertained as an intent by the applicant to register him/herself as a customer of the firm “GARRISON (Subjected Project)” willing to purchase in GARRISON (Subjected Project) BLOCK IF ANY a plot (residential or commercial as selected) upon completion of land acquisition, approval of through purchase / Joint Venture, the project from the concerned development authority and completion of payments by the applicants as per terms & conditions of this application form.
All payments against this registration including down payment / form’s price (if any) andinstallments received in the firms designated account, supported with payment proof, shall beconsidered as refundable advance payments only and do not qualify towards the delivery of a plotapplied for unless the following occurs:
Payment is completed against this registration in total including surcharge (if any) by the applicant and the required quantum of land against this application is acquired by the firm through purchase or Joint Venture (whatever the case may be) thereafter.
The respective land is included in the housing projects approval and permission grantedfrom the concerned development authority/department thereafter.
Clearance of all dues by the applicant including development charges intimated to the applicant by the management against the registration made.

Upon successful and timely completion of the payment of cost of land as well as development charges and its acknowledgement by the firm, upon procurement of required land against this application, upon approval of the housing scheme and its layout plan along with extensions on the said land, by Ralpindi development authority or concerned department, and upon completion of development weeks at site, the applicant shall qualify for allotment of a plot applied for in project GARRISON (Subjected Project).

All applications according to their categories of residential plot will be entertained on first comfirst served basis and timely completion of payments.

Submission of this registration form, with or without signature/thumb impression, will not be considered as a confirmation of apartment / villa / plot allotment and will be entertained only as aintent to register.

The down payment or form’s price (if any), if received in firm’s designated account or any otheramount paid in account against GARRISON (Subjected Project) General Block/installment advances is adjustable in all existing and future phases of this project or any other projects of the Group.

One can submis more than one application.

All installments re to be made according to the category/size of the application as per schedule of payments through bank draft/ pay order /cash in favor of Account titled GARRISON (Subjected Project) ——installment in TITLE OF ACCOUNTS GARRISON/ GARRISON MARKETING.

No applicant shall be paid any interest/markup against the amount paid by him to the firm.

The estimated cost of land shall be payable in installments as intimated by the management inthe schedule of payments according to the application size /category applied for, however the firm reserves the right to revise the cost of land upon actual land acquisition and the difference shall be payable by the applicant thereafter. Upon timely completion of advance installments against cost of land along with clearance of surcharges or any other outstanding dues this application may be considered for ballot as per proposed town plan of the project subject to the town plan approval fromthe development authority/department.

The development charges shall be applied as per schedule given by the management thereafter.
0.1% surcharge per day shall be levied in case oflate payment of installments or dues.
13-In case of a default of more than four or more consecutive instalments the firm’s Management,reserves the right to revise the registration cost and isue the applicant with a new payment plan tobe followed by the applicant.
In an event of non-payment of four consecutive installments on the due dates or any currentdues/ surcharge levied. the registration made shall stand cancelled without notice and its restorationshall be at the sole discretion of the firm at the time of delivery provided penalties/fines are paid tothe satisfaction of the firm’s management In case the firm decides to restore the registration then anotice of restoration along with penalties/fines shall be served at the current mailing address andany excuse of change of current address without prior intimation and written acknowledgment of thefirm shall not be entertained.
An application once Registered or the rights of the application transferred can’t be surrenderedback to the firm, unless cancelled as per clause 13.
16- In case of default in payments of two consecutive installments besides down payment, aregistration made shall stand blocked without notice and In case of default of four consecutiveinstallments a registration made shall stand cancelled without notice. Its restoration shall be at thesole discretion ofthe firm as mentioned in clause 13.
In event of cancellation or a refund, 50% of the down payment received against the registrationand 20% of the installment amounts received against this registration shall be deducted from thedeposited amount at the time of refund in a time period as per convenience/discretion of firm’smanagement after the refund claim is filed by the applicant. The refund will be entertained for thosepayments only which are supported by payment proof of deposits made in the firm’s designated bankaccount only and no other payment mode adopted by the applicant shall be entertained at all forrefund. Down payments/installments adjusted as rebates,commissions,compensation against anyagreement or service shall not be refundable at all.
The management reserves the right to reallot a cancelled registration and its rights thereof.Inthis regard the decision of the firm shall not be challenged before any authority or court as the casemay be.
This application shall be considered for the intended for the size selected by the applicant, however actual size may vary and accounts shall be adjusted thereof accordingly at the rate of cost ofland applicable by the firm at the time of allotment.
At the time of allotment subject to conditions narrated above, the allottees of boulevards 50 feetand above,corner or park facing plots will pay 10% extra price in each occurrence, and 25% in caseof a triple occurrence.
Upon completion of project development and successful completion of payments by the applicant including development charges/possession charges and all related dues levied by the firm,or the concerned government authority /department,physical possession shall be handed over to theAllotee,Till the completion of such payment in total the Alottee, willhave no right to enter upon or to permit his/her agents, servants, employees or contractors to enter upon the allotted plot.
Applicant will abide by these terms and conditions in addition to the bye-laws, rules &regulations,resolutions, instructions governing allotment, possession, ownership,construction andtransfer of plot,enforced from time to time by the firm as well as the concerned authority.
The construction of the plots shall be strictly in accordance with applicable Town Planning andArchitectural(Control) rules and regulations of the concerned authority. A NO Objection certificatewill have to be obtained from the firm’s Design department before submitting the building plan for the firm and payment of NOC fee prescribed by the firm. No construction on the plot shall be carriedout without dueapproval by the authorities and intimation of such approval to the management. Incase of deviation in the construction,the Alottee shall be the sole responsible for this act and shall

bear the consequences along with penalties levied by the firm/concerned authority.The firm shall bear no responsibility in such an event.

The firm would make every effort to obtain Electricity,water supply, sewerage and gas supplyconnection at the earliest for the project,however the firm accepts no responsibility if the supply ofany of the above mentioned services by the concerned government agencies/departments are delayed.
If the Project GARRISON(Subjected Project), and its extension thereof, are abandoned (Godforbid) due to any reason,the firm may offer the applicant registrations of similar value in its other projects or affiliated projects of similar monetary value or may choose to refund (as mentioned in clause 17) the payments received in firms designated account with proof/receipt from the applicant within a prescribed period of time as per policy announced by the management at the time of such an event if any.However if the down payment or Form’s price (if any)was not received in firms designated account as i1 clause 8 then it shall not be refundable at all.It is clearly understood that in such an event,the applicant will not be entitled to any claim,damage or interest except the originalamount paid by him/her in firms designated accounts only.
REMEMBER WE ARE DEALING PROJECTS ON BASIS OF( WE PURCHASE AS A CLIENT &THENSALE AS A CLIENT) WE ARE NOT AUTHORIZED FROM. ANY SOCIETY OR SECHEME. (DETAILS WILLBE PROVIDED ON DEMAND).
(Please Note: Not all plots are NOT eligible for Part Exchange andas a minimum should be within 3 months of the home being ready for occupation. please speak to our Sales Consultant regarding availability,
To consider your home for part exchange it must meet the following criteria:
Be less than 100 years old;
Must not be worth more than 70% of the value of any plot you are wishing to purchase;
Leasehold properties must have a minimum of 85 yearsremaining on the lease;
Must not be listed;
Must be of standard construction;
Must be in PAKISTAN.
if you are already on the market, we suggest you speak with your estate agent prior to committing to a part exchange agreement, as you may be liable for fees under any contract you have signed with your agent. Any fees in this respect are your liability.
At this stage, we will ask you to review, agree to and sign our Part Exchange Terms & Conditions. With your assistance, we will complete a valuation request form, which will be shared with the Garrison who is our part exchange provider. The will use this information to contact you and to arrange access for market valuation purposes for up to three independent estate agents. Access is normally required within five working days of the valuation request being received by. They will use your information along with the marketing agent and other research to compile a valuation report. We will use this report to determine whether to offer on your home and, if so, at what price.
Once we have started the process, any chosen plot will be “placed on hold until GARRISON Homes have made an offer on your home or declined to offer and you have been given time to consider our offer. There is no obligation for you to accept any offer we make and the plot price will be fixed during this entire period.
Any offer or our decision not to offer will be delivered verbally via a Sales Consultant. We will then give you until 5 pm on the third day after this offer to accept or decline. lf you do not accept/decline the offer within the allocated time period, or If we decide not to offer to purchase your property, the plot will automatically be remarketed.
If we make and you accept our verbal offer, we will invite you to attend a reservation appointment. At this appointment we will ask you to sign a formal offer letter, complete our full reservation process, and pay a 01 MILLION reservation fee.

Please note, all offers are subject to the following conditions:

Contract
Satisfactory survey and/or satisfactory visit froa member of staff.
Standard terms and conditions of reservation.
Confirmation the part exchange address is your main residence and will receive stamp duty relief.
A signed copy of our fornal offer letter.

You can withdraw from the process at any time prior to contracts being exchanged providing this occurs before any survey has been undertaken on your home. There will be no charge for your withdrawal at this time.

Once in receipt of a signed copy of our formal offer letter, we will instruct our solicitor and surveyor to proceed. If as a result of our surveyor’s report, it becomes necessary to either retract or renegotiate our offer and as a result the part exchange does not proceed, we will refund ______ of your reservation fee, which represents the reservation fee of _______, minus the survey fee of __________, Reasons to retract or renegotiate can result from but are not limited to, matters such as property condition or a lower valuation than that we have offered you for your property.

It will also be instructed to market your home once we are in receipt of a signed copy of our formal offer letter. May use single or multiple estate agencies to do this. We will require you to undertake viewings on our behalf and these will be arranged directly by _______ To show our appreciation, if a buyer for your home is found while you are in occupation and the buyer subsequently completes on the purchase, we will pay you a bonus payment of ______ This will not apply should any buyer found during your occupation fail to complete or if a buyer is found once you have vacated the property.

We will hold a _________ retention fee against your property upon legal completion. This will be released along with the bonus payment if due (see 10. above), once we are in receipt of a satisfactory vacate report from one of the marketing estate agents. Any release/payment is usually dispatched no later than28 days after we have completed on the purchase of your home. Should a non-disclosed matter arise the retention payment maybe used to cover any associated costs. A non-disclosed matter may be but is not limited to, removal of items or materials leftin or at the property, the condition of the walls and floors, the cleanliness of the property or a faulty appliance such as a boiler leak. In the unfortunate event the retention is required to cover such a matter, we will refund any unspent balance.

Any offer is made on the basis that all carpets, other floor coverings, fitted appliances and curtain poles/tracks, remain at your property. Light fittings can be removed and where they are a pendant and bulb must be fitted in its/their place. Valid satisfactory electrical and gas safety certificates will need to be provided.

ln addition to the terms and conditions of our offer you must also agree to comply with the following in connection with the part exchange property:

Allow any estate agencies appointed by ________ to erect a ‘For Sale’ board outside of your home if they desire.

In order to ensure that viewings can be carried out whilst you continue to occupy your current property you will allow prospective purchasers reasonable access for viewings. In the event you are unable or unwilling to provide reasonable access for viewings we will require you to provide a key to one of _____________appointed estate agents for pre-arranged viewings to take place. Any viewings under this arrangement will only take place with the prospective purchasers being accompanied at all times by a representative of ___________ appointed estate agent.

You agree to pay _______a fee of __________ of the sale price of your home, should you decide to retain any buyer they have sourced but not to continue with the purchase of a new home from __________ Homes on a part exchange basis:

On the basis you complete your purchase of one of our new homes as a result of this part exchange arrangement, we will pay the estate agents fees incurred in selling the property taken in part exchange. We will not pay them in any other scenario.

Any promoted Garrison offer is subject to contract and status. Offers are on selected plots only and are subject to availability. The offers advertised cannot be used in conjunction with any other offer on the same plot unless expressly stated otherwise Prices and details are correct at time of going to press. All images are typical of homes built by __________and are for illustrative purposes only.

___________ reserves the right to withdraw or alter any offer at any time prior to the Payment of a reservation fee. Contracts must be exchanged within 28 days of reservation of a property. Failure to do so may result in the loss of all or part of the purchasers’ reservation fee and withdrawal of the offer

The current specific offers being advertised in relation to selected ___________developments are also subject to the terms and conditions set out above(N.B. these offers may vary from time to time and the purchasers should refer to the development in which they are interested to discover which offers are available on specific plots and developments)

___________will not be liable for the refusal of a mortgage based on the purchasers’ individual circumstances whether it leads to the loss of any reservation fee or not.

_______________ will not be responsible for the failure of any deal relating to the purchasers’ existing property, whether a part exchange deal has been agreed or not.

These terms and conditions do not affect your statutory rights.

You are strongly advised to obtain financial advice from an Independent Mortgage Advisor in respect of any mortgage product required.

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS

ON YOUR MORTGAGE

GARRISON PLOT OFFER TERMS AND CONDITIONS

The advertised stamp duty contribution will be deducted from the completion statement on completion. Subject to lender criteria and status, please speak to your financial advisor for more information if applicable. Available on selected plots only and not available in conjunction with any other offer or scheme.

The advertised deposit contribution will be deducted from the completion statement on completion. Subject to lender criteria and status, please speak to your financial advisor

for more information if applicable. Available on selected plots only and not available in conjunction with any other offer or scheme.

The advertised amount towards upgrades and extras will be deducted from the completion statement on completion. A 75% non-refundable deposit of the total is required unless an exchange of contracts has taken place. Available on selected plots only and not available in conjunction with any other offer or scheme.

The advertised cashback amount will be deducted from the completion statement on

completion, Subject to lender criteria and status, please speak to your financial advisor

for more information if applicable.. Available on selected plots only and not available in

conjunction with any other offer or scheme.

The advertised amount towards the upgraded kitchen package will be deducted from completion statement on completion. A75%non-refundable deposit of the total is required unless an exchange of contracts has taken place, Available on selected plots only and not available in conjunction with any other offer or scheme.

Mortgage contribution up to a maximum value of the advertised amount will be deducted from the completion statement on completion, Subject to lender criteria and status, figures based on a 35-year mortgage term and 15% deposit, Interest rates vary. Please speak to your financial advisor for more information, Available on selected plots only and not available in conjunction with any other offer or scheme.

Part Exchange available on selected plots only and subject to the application process. The property you are selling must be worth at least 30% less than the property you purchasing._________ must receive 2 satisfactory valuations, clean and tidy bond and a homebuyers survey. Available on selected plots only and not available in conjunction with any other offer or scheme. Speak to your sales advisor for more information.

Stamp duty incentives. This offer is based on owning a single property only. Amount will be deducted from completion statement on completion. Subject to lender criteria and status, please speak to your financial advisor for more information if applicable Available on selected plots only and not available in conjunction with any other offer or scheme.

Deposit Unlock:

*Offer available on selected plots only (studios and one bedroom apartments are excluded from this scheme).Subject to contract and status. Following withdrawal or termination of any offer, we reserve the right to extend, reintroduce or amend any such offer as we see fit at any time.

*The scheme is available in the ______ and on homes up to maximum mortgage of ________

*Customer’s minimum 5% deposit is required

*The product is backed by a mortgage indemnity insurance to which ______________ make a financial contribution. The insurance covers the lender in the event of a loss as a result of repossession.

*The buyer’s obligations to the lender remain unchanged.

*This scheme cannot be used in conjunction with any other ______ Homes offer or incentive.

*___________ do not offer mortgage advice so any advice in this respect should be obtained from the mortgage adviser or lender.

Please note all images are for illustrative purposes only and may not reflect the Property itself, They may include upgrades and extras available at an additional cost. Please speak to your sales advisor for more information.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over _________ you should consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Note: Garrison Homes reserves the right to refuse any refund, exchange or replacement.

DECLARATION TO DECLINE ALTERNATE PLOT AGAINST PREVIOUSLY ALLOTED NONPOSESSIONABLE PLOT

I ____________________________________________ S/O;D/O;W/O___________________________

Resident at ___________________________________________________________________________

Bearing CNIC No. ________________________________, do solemnly affirm and declare:

I with my own free will and consent, without any coercion or compulsion, refuse to accept and opt for the new alternate plot in the ____________________________, as per the offer of exchange given by the __________. My earlier agreement for old plot number ______________ block _______________ of ___________________ is still valid and I intend to keep the same intact. I have fully read and completely understood the terms and conditions specific in your letter number ____________________ dated ___________ (the ‘letter’) making the offer of exchange.
I hereby agree to vary the original terms and conditions of allotment letter and it would now be additional condition in the said agreement that I/member would now have no claim for allotment of any alternate plot in the ________________ or any other scheme of _____________________ except the originally allotted plot number ______________________ as and when it is cleared from litigation and ______________ is able to give its possession. The agreement would remain effective for the purposes of allotment and possession of plot number ______ block ___________ only and I agree to waive all claims for alternate plot or any plot in future in case _____________ fails to deliver possession due to losing any such litigation and the member would only be entitled to return of money already paid to ________ towards the said plot as per schedule of charges notified by the ________________. I am waiving off all other rights under law apart from the contingent right of possession or return of money as indicated above.
I understand and affirm that my consent to and voluntarily exercise of the option to reject the alternate plot is irrevocable and cannot be withdrawn or taken back by me subsequently.
I state and undertake that by rejecting this offer, I have withdrawn all my claims for any alternate plot in _____________ or any other schemes of _________.
I state that I shall be liable to pay all the financial liabilities i.e dues, taxes, surcharges and duties e.t.c. as per the schedule o charges as notified by the _______________________or any other government functionary.
I state that I shall abide by all the building laws, rules and regulations enforced from time to time.
I state that I shall not indulge in any sort of illegal commercial activity at the premises.

I further state that if the __________________ approves my application and consent for voluntarily rejection of alternate plot, the plot previously allocated to me shall be full and final settlement of all claims due to me and shall extinguish in entirety, any claims, rights or grievances I may have against the ____________________ in this regard. I confirm that I shall not raise or lodge any grievance, claim to entitlement, petition or complaint against ___________________ or any of its officers/officials at any forum. 9. I fully indemnify the _________________ from the outcome of all the pending litigation and will not agitate against the ________ if any case is decided against the stance of ____________. I shall be liable to refund of deposited amount only (original price of plot at the time of first ballot in 2003 as per policy) decided by the ________________.

I affirm that right of interpretation of this document lies solely with _________________

I hereby indemnify ___________________ from its acceptance/approval or rejection of any consent and application for allocation of alternate plot, without assigning any reason whatsoever, DEPONENT VERIFICATION Verified. on oath at Lahore at this_______ day of _________, 2015,in the presence of witnesses that the above mentioned contents are correct and true to the best of my knowledge and beliefs and that no information known to me has been will1fullyconcealed or neglected to be revealed herein.

DEPONENT Signature and Thumb Impression: _______________________________________________________

Name: ___________________________________________________________

CNIC: ____________________________________________________________

WITNESS I Signature and Thumb Impression:______________________________

Name: _______________________________________________________________

CNIC: _________________________________________________________________

WITNESS II Signature and Impression: ______________________________________

Name: ________________________________________________________________

CNIC: _________________________________________________________________

1. Purchasing Rule: The Company purchases everything as a client and sells it further as a client too. Anything the Company purchases or sells is done as a client, not any dealer or broker, because the Company isn’t taking any commission. Even if it is selling something from buying it from you, it isn’t doing as a broker. The Company will purchase your assets in its name, then sell them further and transfer them to another client’s name from its own. As we aren’t doing any transactions as authorized dealers, partners or anything.

2. Society Rules & Company Rules: It has to be clear that society rules and company rules differ. Society rules are those rules that society implements for its own sake. When buying a plot, land or constructing a house anywhere, even for residence or investment purposes, society’s terms and conditions at the time of purchasing will be mentioned on its website, files or any other document. So its terms and conditions are different. The purchaser must follow all those rules, terms and conditions. According to its policies, society will ensure that the purchaser is following the rules or not, as it is society’s responsibility. The company isn’t responsible for this. Though, the company will follow all the rules of society as a client, as mentioned above in the purchasing rule clause. Company rules are named Garrison terms and conditions and will only be followed by its members and those whose investments are in the company’s name.

B1) Investment with Company: In which you are buying something from the company or selling something to the company or the company is investing in something, or you are making an investment along with the company, or you’re partnering up with the company to purchase something, or you sell something to the other company along with Garrison. Or if a company purchases anything from someone or sells anything to someone, the clients are investing in or with the company, not against any society or for any society. You are investing here by seeing the company profile so that the company will continue your investment according to the terms and conditions of the company. Suppose you purchase anything from the company mentioned above. In that case, the company will sell it as a client or the other party, not on behalf of society as an authorized dealer. We are making it clear repeatedly that you are purchasing everything as a client from a client. The company doesn’t charge profit/commission, so it takes a specific amount less than the broker’s commission. You can purchase anything from the company on these two basic terms:

B2) Firstly, the investors already connected with the Company are asked to bind the investments, and then the amount bounded by the investors is used as an investment. On which Company gives a small amount of profit to its clients. And Investor will get a profit once the file payment is completed. It is a long-term investment process, so proper time duration has to be set whenever you purchase something from the Company. And in that period, you have to fulfil all the rules and payments of the Company. Follow the payment schedule and the rules properly to avoid the rules and regulations getting disturbed, which has been set between the Company and the investors involved. So it’s better to have a plan when purchasing or investing with or in the Company first. The Company is giving you customized plans for your convenience. So there won’t be any issue in future that you couldn’t follow the payment plan provided by the Company. That’s why the Company has made two categories.

Silver & Gold

In Silver, there won’t be any return or refund by the company. You are obliged to follow society’s rules here, and payment plans will also be made and followed according to society.

Gold

The clients who want to connect with us specially, have a keen trust in us, and continue their investments with us are called gold members, for those we have a gold membership. The following offers and things are only for our gold members.

Because they are gold members, they can customize their payment plans with the Company, which accepts whatever plan they make. These clients are also rewarded with various discounts and offers you cannot find anywhere else in the market, like yearly increments, insured property and many other things. Our main goal is to make it convenient for our gold members to make their assets comfortably in this inflation.

3. Rate of Company: If you are up to buying anything to make your assets by investing in the societies, there are three types of rates which are given by the Company legally for its clients.

The first-rate is according to society at that particular time

The second rate is which society was offering before; in these old rates Company takes a particularly small amount from you as a benefit, on which you get to agree, and that’s why you also sign the declaration letter you agree that the profit, and do that plan. Hence, the Company takes that profit and benefits from you.

If the Company is offering you low rates, like if they are offering 1 or 2 lacs less than the actual price of the plot.

Rates which is directly given by the Company, most of the time because of any promotional voucher or lucky draw offers or in any campaign run by the Company. We finalize and offer different society projects; we do not confirm or guarantee that you will b given a plot at the same place for the same amount. If the Company offers you a discounted rate, it is because you can have a proper increment and make your asset in this price range. For instance, if your name has been nominated in any offer the Company gave, you can get a plot worth 15 in only ten lacs. So if the Company in the future doesn’t give you that plot in that specific area for any reason, then as per your payment schedules and your punctuality of paying monthly instalments, the Company can compensate your discounted amount of 5 lacs too by giving you benefits or profits.

But if you haven’t paid your due payment, you are bound to pay ten lacs, and you have only paid three lacs, and you have surcharges and a late fine too in your payable amounts. Then the discounts would not remain the same but 50% of the discounted price you gave earlier. If it were five lacs, you would only get a 2.5 lacs discount and be bound to pay the other half of the discounted price.

If you get the option a second time or reopen your file, you will be responsible for paying the total amount to the company.

And if you have won the lucky draw or discounts in any offer, you must pay the monthly installments strictly on time. If you don’t pay your dues timely, your discount will be discarded, and you won’t get any benefits. Ultimately, you wouldn’t be able to step back and will be If you follow all the rules and regulations and submit your amount timely, you will get all the benefits the company has promised when signing the agreement. Also, you won’t be asked to pay any extra amount.

4. Reselling or transferring file

You can resell your file or project once the payment has been made clear to the company. Suppose it is any society’s file or any town’s or project’s file. In that case, you cannot sell it properly outside or to your relatives, family members, or any dealer in the market until the payment is fully paid to the company against that file or project.

And any documents given to you by the company, which you can transfer or sell, have been explained in detail in point 9

5. Before completion, if you want to sell out your project or file, which you had bought in instalments, but your payment isn’t cleared yet, or due to any reasons you couldn’t pay your full amount like any financial crisis or payment shortage, so Company has this rule, that you can sale out your file but only through your acquaintances or to any company’s member who wants to purchase your file or project, so the Company will let you know. Then the transfer charges, transfer fee and hidden charges against this procedure are mentioned properly on the chart.

6. Profit/ Interest Rate and Solution:

The Company hasn’t decided on any confirmed profit against any file or project you invested in. If you have purchased anything from the Company and its market value hasn’t increased, or if there is any deadline regarding the project or file or there’s an up and down in its prices, then the Company won’t be responsible for any of the mentioned situations. Neither Company doesn’t agree with any client that there will be a certain fixed amount of profit because, as per Islamic Law, it’s strictly prohibited to take or give fixed profit as it is interest (sood).

If you haven’t gotten any profit against your project or file, you have a solution to exchange your file with anything else, or you can merge your investment or amount of investment in any other project. Temporarily, maybe there won’t be any visible profits, but shortly, you can see the scope of that project.

If you’re focusing on getting a fixed profit or interest against your project or file, you’ll have to move to any insured plot; you cannot move, invest, or merge in any uninsured property.

7. Reservation of Property:

Purchasing or reserving any property from Garrison Company will fall into the reservation category until all your payment is cleared. And you’ll have to follow the reservation rules implemented by the company for this category.

8. Clearance of property:

Your property want be cleared until the audit department of garrison Company declares its clearance and if you have any remaining or pending dues than company will charge surcharges until its clearance. Clearance of your property will be confirmed once you’ll receive letter of clearance from the company.

9. During installment, if you stop or freeze your amount or due to any reason, you aren’t able to pay your dues, so Company have the authority to cancel your file or plot without informing you or giving you any notice. If the Company cancels your plot or file, you have no right to debate or act against that. If you contacted the Company to freeze your payment for two or three months under these circumstances and confirm that you would continue your regular instalments so you can do this, but you will have to pay surcharges or increments according to that area at that specific time, or according to the fee charged against freezing the amount in any society will be charged. But this decision will be taken mutually by the audit, accounts and the project manager and on the final decision, they’ll send the notice to you, and you will be obliged to pay all the dues. During the instalment, you can freeze your amount only once. This option is only valid for six months; you cannot freeze your payment for more than six months.

10. transfer file during instalment:

If you are paying instalments and want to transfer the file to any of your family members or any other person, you can transfer that easily. Still, you will have to pay the transfer charges according to the area and size of the project. You will pay these charges directly to the company, not to any society, so the company will transfer your file to a new name and will handover to you. The company is bound to complete this procedure within 45 days.

11. Merge the file in other project:

If you have invested in any project and want to merge your file payment in any other project, then you will have to pay the services charges to the company against this procedure of your file and the other file in which you have to merge. In this, you will have this benefit; for instance, if you bought the merged file in 15 lacs, the company can provide you with around 19 lacs against this merged file in the future. Only in this condition have you given the time period to the company and invested in the new project because the company asked you to do so. In this, you won’t have to pay the service charges, and secondly, your payment would be added to the profit ratio. In future, during your file payment has been merged in any other society or project, or we have located your plot in any other location, so in this situation, if you merge your file in a positionable plot, the profit ratio will not be merged. For this, you will have to complete your payment first. If you will merge your file in any project in the development stage or any new project, or you want to move out for any reason, you aren’t satisfied with your investment, location, or work. You merge your old file payment; then the company will merge your file into a new project file according to the company’s rule, which has been discussed between you and the company earlier. After that, our new plan will start. Once you have merged your old file payment (Project A) into a new one (Project B), you cannot return to Project A, or the company will never transfer your merged file again to your previous project as it is against the company’s policies.

Because once you have merged your file, the company destroys or sells that particular file to any other client, so we cannot transfer one file again.

12. Return or Payback Policy

If any client returns the file or wants the company to pay back their amount or refund their investment, payback time will be according to their project completion time. If their plan is for four years, then their amount can be returned in 6 years, and if they have a payment plan of 6 years, then the company will return their investment in 8 years. As per the company’s return policy, if the client wants his payment to be returned or wants an increment on his file, then the client should do and clear these things when purchasing the file. If clients want these things on the spot in the future without having this clause in the agreement, then it is against the company policy, and the company won’t be responsible for returning the payment.

13. Balloting Rules & Laws

There is a proper procedure for balloting in the company. If society has announced the balloting of its plots, then the company will already have the plot numbers, but the company will do fair balloting on its behalf among its clients. As some plots are off the corner and some are on the least, the company will do balloting like in seven and one offer; all rates are different according to the seven different societies. If you’ve purchased the least plot to participate in seven in one offer, for instance, if you have paid for a Blue world city, then in the offer, you can get the chance to win a plot in Capital Smart City or Taj Residencia then, it’ll be considered a bumper offer because if you have given 25 lacs but the plot you have won in the offer is of worth more than 50 lacs. And if you do not get anything worth more than you have invested, it is confirmed that you will at least get a plot of the same worth you invested. The company can’t tell the plot number to any client before the balloting; even if he has completed his payment, he can only get to know his plot location after the balloting.

14. You can read thoroughly if you purchase a plot or anything from the company, as mentioned in b1 and b2. The company give you the file in which you invest. After paying all the dues against that file, the company kept that file. That’s why the company allot you its file on the spot. The client should remember that it’s the company law that if you want to file directly from society, all its rules and regulations and payment will be according to the society. Then society will deal with you directly; the company won’t deal with you. Thus, the company cannot provide you with any relaxation in the payment plan or anything else on its behalf.

If you want to continue society’s file in your name through the company, in this situation, you will have to follow the company’s rules and payment plan strictly. Because the company prefers and works on mutual investment.

For instance, a person can’t complete his payment and says that if the company gives him society’s file, he’ll complete his payment, so in this situation, he is responsible for first paying the whole amount. Also, he’ll pay the service charges and a 20% increment of that time.

15. Insurance of file or payment

All of the amount which you pay to the company is insured. In future, if you think that society’s rate won’t be increased or society isn’t giving proper follow-up, in this situation, you can have the chance to transfer your payment to any other society; even in this situation, your payment will be fully secured. No extra charges will be deducted in this except for service and surcharges. Besides these, all other extra charges will be returned, like application and booking charges. That’s the main benefit of insurance, and if you want a refund, all other payments can be totally refunded except for service charges and surcharges. Or if you aren’t confident enough about the society in which you have invested, you can still apply for a refund payment. But remember that this option is only available for insured files. This option can only be implemented after balloting, and insurance will be conducted yearly, not according to any four or any-year plan. The amount of insurance will be 21% of your total amount, or if we talk about the insured file, you will have to pay 13% of the file’s total amount against insurance.

16. Non approved illegal societies mentioned by RDA & CDA/ LDA/ KDA

Suppose the company ask you to invest in any society which isn’t approved by RDA/ CDA/LDA/KDA or any other authoritative body, or you have already invested in that. In that case, you can sell and purchase these sorts of files under the same rules through the company, like the one approved by the authorities. In future, if you find any problems regarding this, and if you want to secure yourself, then you can apply for the insurance option, which has been explained in point 15.

If you haven’t paid more than three instalments consecutively, your file will be cancelled, and the company has the authority to decide whether they want to reopen the file. In this situation, the company isn’t answerable to you, and you cannot raise any argument against the company. And the company can cancel your file without informing you or giving notice.

Employees Terms & Conditions

The following rules and regulations apply to all corporate personnel. Some of the rules and regulations are as follows:

The Garrison Group of Companies requires formal and respectable behavior from its workers. The primary goal of the Garrison Group of Companies is to acquire clients through exemplary employee behavior.
Employees are responsible for protecting the company’s property that they use for office operations. They shall be held accountable for any damage to official equipment such as a computer, printer, scanner, camera, and so on.
Furthermore, our organization, the Garrison Group of Companies, is cognizant of the need to keep records, thus every employee must be mindful of document security. Without adequate evidence, the office will not accept any argument.
Furthermore, employees who are under the effect of alcoholic drinks during working hours will not be authorized to work.
Furthermore, no employee shall drive corporate cars or use official equipment for personal use without permission.
Garrison Group of Companies pays close attention to the ethical standards of its employees. Employees who are involved in corruption and bribery may be fired at any moment without prior warning by the firm.
Employees must notify their supervisor or manager at least one day in advance. If they are late the following day Rs.1500/- will be deducted from their salary as a fine. If any person arrives late for more than 05 days in a month then the 6^th day fine will be charged double which will be Rs.3000/-
Each employee is expected to maintain good etiquette by the company. Employees are required to behave in a way that promotes to operational effectiveness, productivity, safety, and a pleasant work environment.
The task must be carried out in good faith, and a concise report of the work completed throughout the day must be sent in the WhatsApp group
Proper registrations and data must be kept in soft copy for simple tracking and record keeping and should be upload in drive.
Meal breaks are scheduled at specific times from 1:15 pm to 2:15pm. However, if you wish to leave the workplace, you must return before the break time. Otherwise, a penalty would be imposed.
Each employee should sign outpass after going anywhere. If anyone will go out unnecessarily penalty can be imposed.
Employees must ensure that their laptops and PCs are turned off before leaving the office.
The dress code must be carefully adhered to. While on the work, you are expected to appear nice and attractive.
If employees fail to fulfill the company’s performance or behavior requirements, corrective action may be implemented. Management has the authority to select which action is suitable in each situation.
It is the duty of all employees to keep their possessions secure at all times. The Company isn’t liable for any personal property loss or damage. Personal belongings should never be left unattended on the Company’s premises.
Political or unnecessary discussion isn’t allowed in office premises.
All employees have to attend the office on Thursdays till 8ish, so we can plan next working schedules, meetings, or if anyone is making disturbance for anyone.
No one is allowed to take leaves on Thursday and Saturday, and after any official holiday. If anyone did there’d be sandwich penalty which means two days salary will be deducted for each day.
There is no paid leave for the employees who are working since less than a year for the company. So if they will take any leave, there would be deduction of their each day salary.No employee shall be under the influence of or using alcoholic beverages including drinking such beverages during the work hours. Any employee arriving to work under the influence of alcohol or an illegal substance will not be permitted to work.
No employee shall drive a Company’s vehicle or operate any equipment while under the influence of alcohol.
You are required to be at your appointed work place and ready to begin work at the appointed starting time. Irregular attendance or tardiness will not be tolerated and may result in termination.
Under no circumstances should employees leave the assigned work area early withoutexpress permission from HR.
Designated break times are assigned to have meals.
Employees who work late or on overtime must ensure that all lights, air-conditions and Equipment are shut off when they leave the work place.
Dress code is to be followed strictly. Employees must wear their uniforms at locations where uniforms are required. You are expected to look neat and presentable while on the job.
An increment based on individual performance shall be given every year.
If the working progress of the employee remains the same for 4 weeks, then the employee can be terminated.
If an employee damages any company property, they will be responsible for replacing the item or covering the cost of replacement. The cost will be deducted from the salary if he/she doesn’t replace the item.
All company documents, passwords, and credentials must be treated as confidential and must not be disclosed to any unauthorized parties. Breach of confidentiality may result in legal action being taken against the employee.
If an employee needs to leave the office premises earlier for any reason, they must complete an outpass form. The outpass form is to be authorized by the HR department or the Managing Director before the employee can leave.
Employees who choose to take an advance salary are required to adhere to the following conditions:
An advance salary will be given only after the completion of 3 months of continuous employment.
The advance will be equivalent to half of the employee’s monthly salary.
If an employee leaves the company before clearing the advance, the outstanding amount will be deducted from their final settlement. The employee is not permitted to leave the office until all pending payments are cleared.
No one is allowed to take leaves on Thursday and Saturday, and after any official holiday. If anyone did there’d be sandwich penalty which means Rs.5000/- fine for each day.
There is no paid leave for the employees who are working since less than a year for the company. So if they will take any leave, there would be deduction of their each day salary.
If an employee is terminated due to behavioral issues or as a result of complaints from other employees, no salary will be provided at the time of termination.

Fine Sheet

Sr No.	Fine Name	Description	Amount	Limits
	Late Sign IN	Last sign in time is 09:15 AM	1500	If more than 05 days in a month then 6th day it will be charged double (3000)
	Leave without application	Without Application approval	5000	After two times, 10,000
	Leave by application	With HR/MD approval unpaid leave	Per day salary	Only one day leave in a month approved for 2nd it will be deducted double.
	Half-day leave A	Half Day Leave or before off leave approved Application	40% to 70%	FOR 03-days from per day salary deducted and for more 70% After 10 TIMES in a month it will be 90%.
	Half Day leave X	Or early sign-out without closing or application approval	2000	After 7 times 10,000
	Out pass fine	If without out pass anyone leave office	500	After 03 it will be 1500 in a months
	Blue Dot Fine	Fine for misbehave / laughing/ speaking/ if admin noticed anything	100	After 10 times in a month it will be 250
	Brown Dot Fine	Fine against laziness/ or show no interest in work/ if admin noticed anything	250	After 10 times in a month 500
	Gray Dot Fine	Performance/ forget task/ louder voice fine/ if admin noticed anything	350	After 15-times in a month 750
	Black Dot Fine	For any type of excuses, not completed work in specified time	500	After 07 times in a month it will be charged 2500
	Yellow Dot Fine	Break any rule, use mobile, attending personal calls time waste	750	if break two rules in a same day then 3000
	White Dot Fine	Vulgar dressing or without employee card	850	if more than 03 times in a month for 4th pkr 3000
	Red Dot	Misuse of office equipment / damage any equipment	1500 + product price	if found any damagewithout inform that then the damage product will be recovered from team salary
	Orange Dot	If don’t take care cleanness of office/ use abusing language	1000	more than 03 times the fine will decuted from every staff member who are there.
	Green Dot	Misbehave with senior or client, visitor or at phone	5000	no reasons accepted, respect them is first pority
	Pink Dot	If one person disturb anyone & anyone complained about them	7500	for any type of issues between staff if one person do same two times admin issue warning letter
	Super Dot	Employee complain by anyone	From above 1000	admin decided
	1^st Warning Letter	Only admin authorized	Half month salary deducted	moreover, not authorized for any pay leave, off or for advance payments till the last day of year.
	2^nd Warning Letter	Only admin authorized	Full month salary deducted	moreover, there next month salary will late, strictly working focused not authorized for any pay leave, off or for advance payments till the last day of year.
	Final Warning Letter	Only MD authorized	Fired from office & no salary for him/her of the month	only MD & board of directors authorized or if cross limits of fine
	Resgin/Leave Company	Without inform/ any argue on working or any type of fine on last working month	No salary or pay any amount for last month working	if anyone resigning without inform before 60-days /

Work Rules Acknowledgement Form

I have received a copy of the Company Work Rules and have read it.

As a condition of employment, I agree to abide by all Company rules, regulations and policies.

Name: ___________________________________

Designation: _______________________________

Signature: _____________________________

Date _____________________________________

Job Applicants

As per the rules of Garrison Group of Companies, the candidate has to pass the training period for a week.

The candidate will be selected by the company if he/she proved himself/herself in these seven days of the training otherwise he or she will get a training certificate from the Company.

If the candidate won’t be selected after the seven days of the training period, he/she can submit an application to extend the training session.

All the training days would be unpaid even if it is extended for a month.

Candidates have to maintain their working sheet during the training session and have to submit it to the supervisor regularly.

Candidate must be punctual during and after the training session he/she would must follow the office timings as the staff is following.

To prove that you are eligible for our company, we need some of your following records.

School Certificates
Employment Experience Certificates / Documents
CNIC Copy
Passport Size Pictures
Criminal record

Candidates are responsible for the security of firm property used for office activities. They will be held responsible for any damage to company’s equipment such as a computer, printer, scanner, or camera.

Candidates who are under the influence of alcoholic beverages during working hours will also be permitted to work.

Candidates must tell their supervisor or manager if they will be absent or late the next day at least one day in advance.

The organization expects each candidate to maintain proper decorum. Candidates are expected to conduct themselves in a manner that supports operational effectiveness, productivity, safety, and a pleasant work environment.

Employees Terms & Conditions

Job Applicants

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