1 DEFINITIONS

1.1 Allotment Premium: Being the lumpsum price offered by the Applicant(s) for the allotment of the Apartment.

1.2 Promoter: ECC-KONARK JOINT VENTURE.

1.3 Other Charges: As defined in Clause 7.4 and 7.5 below.

1.4 Apartment: The Flat as provided in Clause 6 below along with Car Parking Space(s) as provided in Clause 6.8 below and fixtures and fittings as provided in Clause 6.11 below. If Car Parking Space(s) are not allotted by the Promoter to the Applicant(s)/ Allottee(s), as per the terms of this Application, then all the provisions relating to Car Parking Spaces contained in this Application are not applicable to the Applicant(s)/ Allottee(s).

1.5 Larger Land: Land admeasuring approximately an aggregate area of 17007.60 sq. mts. bearing CTS No. 10, 10/1, 11, 11/1 to 3, 12,13,28,29,30,31,32,32/(1 to 4), 33, 34, 35, 35/1 to 3, 36, 36/1 to 4, 37, 37/1, 38, 39, 39/1 to 7, 40, 41A, 41B/1/1, 41B/1//2, 42, 42/1 to 2, 43, 43/1, 44 and 45, of Village Bapnalla Sahar MSD, Sahar Airport Road, Taluka Andheri[East], Mumbai Suburban District.

1.6 Sale Land: Land admeasuring approximately an aggregate area of 4762.66 sq. mts. on which Luma Tower A, Luma Tower B and the Luma Tower C , along with open spaces, RG areas and amenity area, etc. are proposed to be constructed out of a portion of CTS Nos. 41A(pt), 41B/1/1(pt), 41B/1/2(pt), 44 and 45 of Village Bapnala, Taluka Andheri [East], Mumbai Suburban District and shown in the Approved Layout of the Sale Phase/ Sale Land being a portion of the Larger Land at Annexure - 1 and in the Proposed Layout of the Sale Phase/ Sale Land of the Larger Land at Annexure - 2.

1.7 Project: Residential project known as Luma Tower C Real Estate Project consisting of 1 (one) wing/ building/ tower known as “LUMA TOWER C”.

1.8 LUMA TOWER C Project: Luma Tower C Real Estate Project is registered with MahaRERA under the provisions of the Real Estate (Regulation and Development) Act, 2016 and the Rules and Regulations made thereunder (“RERA”) under registration no. P51800054472.

1.9 Proposed Phase Project: Luma Phase II being Proposed Project/s is/are proposed to be registered with the MahaRERA under the provisions of the Real Estate (Regulation and Development) Act, 2016 and the Rules and Regulations made thereunder (“RERA”).

1.10 Whole Project: Project together with Luma Towers A & B Real Estate Project and the Proposed Luma Phase II Project.

2 APPLICATION

2.1 This Application constitutes an offer by the Applicant(s) to acquire the Apartment in the Project at or for the Allotment Premium together with the Other Charges on terms and conditions contained herein.

2.2 This Application is a mere request/ application by the Applicant(s) to the Promoter and neither creates any right, title, share, interest, benefit and/or entitlement etc. of any nature whatsoever in favour of the Applicant(s) and/or shall neither be construed or interpreted to be a reservation/ confirmation etc. of any nature whatsoever in respect of the Apartment and/or the Project or any part thereof in favour of the Applicant(s) nor binds/ obligates the Promoter to allocate the Apartment or any other area/ premises in the Project to the Applicant(s). The Applicant(s) is/ are aware that the allocation/ allotment of the Apartment shall solely be as per the Promoter’s discretion, and further that the Promoter has the exclusive and absolute right and authority to deny allotment of the Apartment to the Applicant(s) without being under any obligation to give any reason/ justification for such denial/ rejection of the application.

3 NRI / NON RESIDENT / FOREIGN NATIONAL OF INDIAN ORIGIN / FOREIGN NATIONALS / FOREIGN COMPANIES

The Applicant(s) agrees that in case the Applicant(s) is an NRI or Non-Resident / Foreign National of Indian Origin / Foreign National(s) / Foreign Company(ies), then in that event, the Applicant(s) shall be solely responsible for complying with the necessary formalities as laid down in the Foreign Exchange Management Act (FEMA), Reserve Bank of India (RBI) Act and rules / guidelines made / issued there under and all other applicable laws including that of remittance of payments, acquisition / sale, transfer of immovable properties in India. In case, any such permission is refused or subsequently found lacking, by any statutory authority, the same shall constitute breach of the terms hereof and the Applicant(s) hereby indemnifies and holds forever indemnified the Promoter against any cost / action / consequence which may arise on account of the Applicant(s) failure to comply with the provisions of such Acts / rules / guidelines / orders etc.

4 ALLOTMENT PREMIUM

4.1 The Applicant(s) shall deduct the applicable tax at source (“TDS”) from each installment of the Allotment Premium/ Sale Consideration as required under the Income Tax Act, 1961. The deduction of an amount made by the Applicant(s) on account of TDS while making any payment/ deposits/ advances of the Application Monies to the Promoter, shall be acknowledged/ credited by the Promoter only upon the Applicant(s) submitting the Form 26QB being Challan-cum-Statement of deduction of tax u/s. 194-IA and the amount of deduction of tax getting reflected in the Promoter’s Form 26AS being the Annual Tax Statement u/s. 203AA of the Promoter.

4.2 This Application shall be accompanied by a Cheque / Demand Draft / Pay Order payable at Mumbai/ Online Transfer (NEFT/RTGS) drawn in favour of “ECC-Konark Joint Venture Luma Tower C Master Collection Escrow Account”, Bank Account No. 57500001398759, Beneficiary Name “ECC-Konark Joint Venture Luma Tower C Master Collection Escrow Account” maintained with HDFC Bank Limited, Goregaon East - Dindoshi Branch with IFSC Code HDFC0000212 towards 'Application Money Part 1' and a Cheque / Demand Draft / Pay order payable at Mumbai / Online Transfer (NEFT/RTGS), drawn in favour of “E-Payment ECC-Konark Joint Venture Account” Bank Account No. 05211131000516, Beneficiary Name “E-Payment ECC-Konark Joint Venture” maintained with Punjab National Bank, Goregaon East Branch with IFSC Code PUNB0052110 or as intimated, towards “GST”, as may be applicable in terms hereof.

4.3 The RERA payment schedule and the rate were shared with the Applicant(s) for the said Apartment and the same has been accepted by the Applicant(s) unconditionally and the Applicant(s) hereby agrees not to raise any objection or protest in respect to the price and payment schedule at any time for any reason whatsoever. The existing Payment Schedule as applicable and agreed by the Applicant(s), is at Annexure - 3.

The Applicant(s) has requested the Promoter to provide a lumpsum price rebate in the total Sale Consideration in exchange for a revised payment schedule for the payment of the total Sale Consideration. The Promoter has agreed to provide such price rebate. Accordingly, the Promoter has accepted the Structured Payment Schedule as offered by the Applicant(s) to the Promoter in exchange for such lumpsum price rebate and the Applicant(s) has agreed and accepted to adhere to the Structured Payment Schedule unconditionally and the Applicant(s) hereby agrees not to raise any objection or protest in respect to the price and Structured Payment Schedule at any time for any reason whatsoever. In such cases, the Applicant(s) shall make payment of the installments as per the “Structured Payment Schedule” which is at Annexure - 3.

4.4 The Promoter has neither charged nor recovered any price separately for the said Car Parking Space/s/ Clubhouse membership, limited common areas and the common areas facilities and amenities in the Whole Project and all those as may be located in any of the Towers / Phases / Proposed Phases situated on the Sale Land (except as specified in this Application).

5 ACCEPTANCE OF APPLICATION

5.1 The Applicant(s) shall submit the Application Form, duly filled in with all the details along with Application Money Part 1 and shall pay Application Money Part 2 strictly as per Payment Schedule/ Structured Payment Schedule, as agreed and as applicable by/ to the Applicant(s) in accordance with clause 4.3 above as contained in Payment Schedule/ Structured Payment Schedule which is at Annexure - 3 hereto. The Application Money Part 1 and Application Money Part 2 are hereinafter collectively referred to as the “Application Monies”, and the same forms a part of the Allotment Premium. A copy of this Application Form signed by the Applicant(s) shall be delivered to/ shared with the Applicant(s) against making payment of Application Monies to the Promoter in accordance with the terms hereof. The receipt in respect of the Application Money Part 1 and Application Money Part 2 shall be issued within 7 (seven) days from the respective date of receipt thereof, subject to realisation of the respective cheques. This Application and / or the receipt of the Application Money Part 1 does not confer or constitute any right upon the Applicant(s) in or to the Apartment.

5.2 The Application shall be deemed to be incomplete until the deposit and clearance of the Application Money Part 2 along with applicable Goods and Services Tax (GST) at the rate as applicable under law from time to time.

5.3 The Promoter shall have the right to reject the Application at its sole discretion and without assigning any reason for the same, till the issuance of the ‘Letter of Conformation of Allotment’. In the event of rejection of the Application, the amounts paid by the Applicant(s) up to the date of the rejection shall be refunded to the Applicant(s) in full without interest.

5.4 Within 30 (thirty) days of receipt of Application Money Part 2, the Promoter shall issue a letter confirming allotment of the Apartment, subject to Application being accepted by the Promoter and the Applicant(s) fulfilling all the terms and conditions including realization of Application Monies by the Promoter together with the applicable taxes thereon. This Application shall be deemed to have been accepted only after Promoter has communicated such acceptance through an ‘Allotment Letter’.

5.5 The detailed terms and conditions for the sale and allotment of the said Apartment shall be recorded in the Agreement for Sale (“Agreement for Sale”), the draft of which has been prepared by the Promoter and uploaded on the MahaRERA Website and the Applicant(s) have agreed and accepted the terms and conditions thereof. The Applicant(s) agrees and undertakes to execute and register an Agreement for Sale under the provisions of Section 13 of RERA, in respect of the Apartment, within 30 (thirty) days from the date of intimation by the Promoter and solely pay all the relevant charges including the necessary Stamp Duty, the Registration Charges and incidental expenses thereon. In the event the Applicant(s) fails to pay the stamp duty, necessary registration fees and incidental expenses thereon and further fails to execute and register the Agreement for Sale in respect of the said Apartment then the Promoter shall have the right to cancel the Application / Letter of Confirmation of Allotment and forfeit the monies in accordance with this Application Form.

5.6 The Applicant(s) agrees and undertakes to be bound by and perform all the obligations and the terms and conditions as contained herein, including the obligation to make payments as per the Payment Schedule/ Structured Payment Schedule (as applicable) in Annexure - 3 hereto.

6 PLANS AND SPECIFICATIONS

6.1 The Applicant(s) hereby confirms that he/she/it/they has/have inspected all the documents pertaining to the title of the Larger Land and the Sale Land and has satisfied himself/herself/itself/themself with the interest and title of the Promoter with respect to the Larger Land and the Sale Land and has accepted the same.

6.2 The Promoter has procured certain approvals to the plans and specifications, from the concerned government authorities for development of the Project, as has been disclosed under RERA on the government portal/website, presently being “https://maharera.mahaonline.gov.in/” and shall obtain the balance approvals from various authorities from time to time. The Applicant(s) hereby confirms that he/she/it/they has/have inspected all the existing approvals in respect of the development of the Project on the Larger Land and the Sale Land. The Applicant(s) is aware that, while some of the approvals for development of the Project have been obtained, the Promoter has applied for, and / or, are in the process of applying for further approvals (along with amended approvals as per prevailing regulations) from the concerned statutory authorities and the Applicant(s) is satisfied with the same. The revised layout and building plans for the various wings/building to be constructed will be submitted by the Promoter to the statutory authorities for approval in due course. The allotment of the Apartment shall be subject to such statutory approvals being obtained by the Promoter for the development of the Project / Apartment. The Applicant(s) agrees to abide by the terms and conditions of all such approvals.

6.3 The layout and building plans, specifications, amenities, facilities and the premises/ Apartment/s as shown in the various booklets/ inserts/ other marketing material and/or any other representation by the Promoter, its employees and/or its agents provided to the Applicant(s) or made available to the Applicant(s) for viewing (including on digital platforms and through digital media) are merely artists’ impressions and creative imagination and shall not constitute a representation or warranty or declaration by the Promoter or any of its agents/ employees/ representatives and the Applicant(s) shall not be entitled to make any claim upon the Promoter with respect to any item/ component/ facet that is not specifically agreed to be provided by the Promoter to the Applicant(s) under this Application or the Agreement For Sale (as may be applicable) and shall be subject to the changes / amendments/ variations/ revisions to the same as per the decision of the Project Architects and/or any government authority and/or the Promoter. The Applicant(s) grants his/her/its/their explicit consent under Section 14 of RERA to the changes/ amendments/ variations/ revisions of the proposed/ sanctioned plans of any part of the Project/ Apartment.

6.4 The Applicant(s) is aware that the dimension, shape, layout and size of the Apartment/ Project will be in accordance with the building plans that will be finally sanctioned by the SRA (Slum Rehabilitation Authority) and / or other applicable statutory body(ies) and/or competent authority, and the carpet area of the Apartment may be subject to a variation of +/- 3% as compared to the carpet area as per the plans that will be finally approved and constructed. The Applicant(s) accepts a variation upto +/-3% in the carpet area of the Apartment from what is shown in the proposed plans of the said Apartment and the plan of the said Apartment that is finally approved by the competent authority and finally constructed. If any modifications to Carpet Area/ Location / Floor / Tower / Wing/ Specifications / Facilities / Amenities or as necessary to the Apartment / Building / Tower / Car Parking Area / Layout and / or Project are being carried out, any time prior to and/or upon the grant of occupation certificate by the Competent Authority, save and except for the changes/ variations/ alterations/ amendments mentioned herein as well as in the Agreement for Sale, then the Applicant(s) will be duly intimated in writing by the Promoter of such change and of the difference in the price of the Apartment to be paid by him/her/it/they or adjusted by the Promoter, as the case may be. If there is any reduction in the carpet area (as defined under the RERA Act) of the Apartment then, the Allotment Premium of the said Apartment shall stand reduced and the balance amounts paid by the Applicant(s) shall be adjusted at the time of the last installment of the Allotment Premium payable by the Applicant(s) under the Payment Schedule / Structured Payment Schedule. If there is any increase in the carpet area allotted to Applicant(s), the Promoter shall demand additional amount from the Applicants(s) towards Allotment Premium at the time of the last installment of the Allotment Premium payable by the Applicant(s) under the Payment Schedule / Structured Payment Schedule (as per Annexure – 3). The above referred changes in the Allotment Premium of the said Apartment shall be calculated at the same rate per square meter. The Applicant(s) hereby gives irrevocable consent to all of the above. However in the event the increase or decrease of the area of the Apartment is more than 3% of carpet area, as the case may be and as provided hereinabove or there is a material modification to Location / Floor / Tower / Wing / Specifications / Facilities / Amenities of the Apartment or as necessary to the Apartment / Building / Tower / Car Parking Area / Layout and / or Project, save and except for the changes/ variations/ alterations/ amendments mentioned herein as well as in the Agreement for Sale and also the changes/ variations/ alterations/ amendments which are to be implemented on account of change in applicable law from time to time and the Applicant(s) desires to withdraw this Application, on account of such changes/ variations/ alterations/ amendments, the Applicant(s) shall issue a written request for such withdrawal to the Promoter and on receipt of such request, the Promoter shall refund to the Applicant(s) such amounts paid to the Promoter under the terms hereof (as the Agreement for Sale, as may be applicable) within a period of 45 (forty five) days from the execution and registration of the Deed of Cancellation/ Letter of Cancellation (as the case may be). The Applicant(s) shall be entitled to receive the said amount together with interest at the prevailing rate of State Bank of India’s highest Marginal Cost of Lending Rate plus two percent (2%) (as specified in Rule 18 of the RERA Rules, 2017) on the date on which the amounts are payable, provided that in case the State Bank of India’s Marginal Cost of Lending Rate is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lending (“Interest Rate”) without any other claim / liquidated damages / penalty. It is clarified that Rule 18 of the RERA Rules, 2017 specifies the State Bank of India’s highest Marginal Cost of Lending Rate plus two percent (2%) as the rate which the Applicant(s) is entitled to in such circumstances as enumerated hereinabove. In case Rule 18 of the RERA Rules, 2017 prescribes another benchmark rate / amends the applicable rates from time to time, the revised rates shall apply and the Interest Rate shall stand so substituted. The Applicant(s) hereby gives its irrevocable consent to all of the above including as required under Section 14 of RERA. In the event the floors of the Tower in which the Apartment is situated are increased or decreased or in case of any adjustments in the Payment Schedule / Structured Payment Schedule of the Allotment Premium/ Sale Consideration ensues as aforesaid, then the installments attributable to such increased or decreased floors or such adjustments shall be distributed proportionately in all the balance installments payable above post intimation of such change. The Applicant(s) is aware and agrees and confirms that the Promoter shall be entitled to make variations in the amenities and specifications, including but not limited to re-location of water, power, sewage, telephone, internet, fiber optics and other service and utility connection, facilities and underground water tanks, pumps, recreation areas, clubhouse level and other amenities and their dimensions as deemed fit by the Promoter and permitted under the relevant statutory rules and regulations related thereto and the Applicant(s) shall in no manner object to the same.

6.5 It is expressly agreed that the right of the Applicant(s), on the execution of the Agreement for Sale, shall only be restricted to the Apartment and its respective Car Park Space(s) and the Promoter shall be entitled to deal with all the other unsold apartments and unallotted Car Park Space(s) in the Project without any reference or recourse or consent or concurrence from the Applicant(s) in any manner whatsoever. The Promoter shall be entitled to develop the Larger Land and Sale Land without any reference or recourse or consent or concurrence from the Applicant(s) in any manner whatsoever.

6.6 The Promoter has informed the Applicant(s) that the Luma Tower C Real Estate Project (as defined in the Agreement for Sale) is a phase wise project in terms of consumption of FSI and is being developed as a layout proposal consisting of multistoried building(s) comprising of multiple wings and the Promoter may amend / modify / vary / alter / increase / decrease / add / delete (as the case may be), the number of floors / number of buildings / number of wings / future phases / design / floor plans / project brand name / services / façade / elevation / RG areas / common areas / recreational spaces / amenities / common internal access roads / infrastructure / features / contractors / vendors / suppliers / construction method(s) of the Project, as may be required by the Promoter including but limited to, towards product improvement and / or optimizing the use of and consumption of the full building potential of the Larger Land including existing / future additional Floor Space Index (FSI) / Fungible FSI / Premium FSI / Transferable Development Rights (TDR) / any other buildable right by any name whatsoever and / or by change of law and / or change of policy and / or any other rights and benefits including on account of undertaking incentive FSI schemes and such other schemes under the applicable laws, or any floating rights which is or may be available in respect of the Sale Land (as defined in the Agreement for Sale) and/or Larger Land (as defined in the Agreement for Sale), as the case may be, or elsewhere and/or any potential that is or may be available on account of the existing provisions or any amendments thereto under applicable law or as may be required/ permitted by MCGM/ any other competent authority or any other Statutory/ Governing body. The Applicant(s) is aware and accepts that the Promoter intends to ultimately develop the Project as per the proposed plans, which have been disclosed to the Applicant(s), along with proposed changes thereto, as have been disclosed to the Applicant(s) and contemplated herein. The Promoter is entitled to amend, modify the layout of the Larger Land, as may be required by the Promoter and permitted under applicable law from time to time. The Applicant(s) expressly consents to the above under Section 14 of RERA, provided that the carpet area / Location / Floor / Wing number / Tower number / Specifications / Facilities / Amenities of the Applicant(s)’s Apartment is not altered, except for changes as provided for herein and as per the Agreement for Sale.

6.7 The Promoter shall obtain prior consent in writing of the Applicant(s) in respect of any variations or modifications which may materially and directly adversely affect the Apartment of the Applicant(s), except any alteration or addition required by any Government authorities, or, due to change in law, or, any change as contemplated by any of the disclosures already made to the Applicant(s) and as per the terms and conditions contained herein and in the Agreement for Sale. The Promoter shall also be entitled to make such additions and alterations as may be required by the Applicant(s) within the said Apartment or as may be required by any other Applicant(s) of the said Project within his/her/their/its premises without the written permission of any other Applicant(s) of any premises in the Project or such minor changes or alterations as may be necessary due to architectural and structural reasons.

6.8 The Applicant(s) is aware that the allotment of the Car Parking Space(s) shall not be mandatory and the same shall be at the discretion of the Promoter. The Applicant(s) acknowledges and confirms that he / she / they / it shall be entitled to conventional or mechanical Car Parking Space(s) as would be intimated in the Agreement For Sale / final handing over document and the said Car Parking Space(s) will be reserved for the Applicant(s) only as an exclusive additional amenity appended to the Apartment, subject to availability. The Applicant(s) agree that the final allotment of the Car Parking Space(s) shall be at the time of handover of possession of the said Apartment. The said right of exclusive use of the Car Parking Space(s) shall be heritable and transferable only along with the said Apartment. The Car Parking Space(s) shall also be treated as a restricted common area in case of non-mechanical parking. The Applicant(s) confirms that he/she/they/it shall not be entitled to transfer the Car Parking Space(s) allotted to the Applicant(s) dehors or independent of the said Apartment. The Applicant(s) shall use the Car Parking Space(s) only for the purpose of parking a vehicle and in accordance with the applicable norms and guidelines governing its use.

6.9 The Applicant(s) is further aware that the common areas and amenities in the Whole Project and all those as may be located in any of the Towers/ Phases/ Proposed Phases situated on the Sale Land/ Larger Land / Whole Project or part thereof shall be available for the Applicant(s)’ use only after the completion of the last phase of the Whole Project and the Applicant(s) hereby agrees not to raise any objection or protest in respect to this at any time for any reason whatsoever with respect to the non-completion / non availability of any amenities and common areas at the time of handing over. The Promoter shall handover the said Sale Building i.e. Luma Tower C to its respective society and the common areas and amenities provided within Luma Tower C’s footprint to the Federation as per the terms and conditions as mentioned in the Agreement for Sale.

6.10 The Approved Typical Floor Plan of the Apartment is at Annexure - 4; the Proposed Typical Floor Plan of the Apartment is at Annexure 5. The Approved Typical Unit Plan of the Apartment (Approved Typical Layout) and the Proposed Typical Unit Plan of the Apartment (Proposed Typical Layout) are at Annexure - 6. The Proposed Typical Floor Plan and the Proposed Typical Layout are subject to change and approval of the competent authorities.

6.11 The Apartment shall be a flat with fixtures and fittings as shall be set out in Annexure - 7 hereto.

7 RULES GOVERNING SCHEDULE OF PAYMENTS

7.1 The Applicant(s) is aware that in the event of any of the payments made by him / her / it / them towards the Application Monies and / or applicable taxes, not being duly honored / cleared, or delayed, this Application, without any further action / correspondence from the Promoter, shall be invalid and be deemed to have been withdrawn by the Applicant(s) and rejected by the Promoter and the amounts paid till such date shall be forfeited.

7.2 The Promoter shall as per the Payment Schedule/ Structured Payment Schedule (said Schedule) at Annexure 3, intimate in writing to the Applicant(s) herein to make payment of the amount payable as stated in the said Schedule and the Applicant(s) shall without any delay, demur, default or protest, make payment within 7 (seven) days of issuance of intimation in writing by the Promoter, time being of the essence. In the event such payment is not made within the prescribed period of 7 (seven) days, then the Promoter shall be entitled to issue a notice for payment of the outstanding amount along with interest at the prevailing State Bank of India’s highest Marginal Cost of Lending Rate plus two percent (2%) (as specified in Rule 18 of the RERA Rules) calculated from the date on which the amounts fell due and payable, provided that in case the State Bank of India’s Marginal Cost of Lending Rate is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lending (“Interest Rate”) payable from the due date for payment till the date of receipt of payment along with interest thereon, as per Clause 8.4 below.

7.3 All monies paid to the Promoter till the execution of the Agreement for Sale under RERA will be treated as Allotment Premium and on the execution of the Agreement for Sale under RERA, the same shall be adjusted towards the sale consideration reserved therein.

7.4 It is clarified that the Allotment Premium as mentioned in this Application Form is exclusive of all the property tax, land revenue, NA Taxes, other taxes (Municipal / State / Central) and / or other statutory duties, Service Tax (if applicable), VAT, GST, levies, cesses, charges, deposits, premiums, duties imposed by Statutory Authorities, Stamp Duty, Registration Charges, Common Area Maintenance Charges, Facility Management Fee, and / or other outgoings by any other name in respect of and applicable to Sale Land, Project, Phase, Building known as ‘Luma Tower C’ and Apartment, existing on or imposed after the date of this Application, whether payable now and / or in future and / or those which is / are sub judice, including interest and penalties thereon, including those which may become enforceable retrospectively and computed as per law, and shall be to the account and liability of and borne and paid by the Applicant(s) alone, without any delay / demur/ default / protest. Further, the Applicant(s) agrees that in the event of non-payment of such amount the Promoter shall have first lien on the Apartment for the recovery of such amount without prejudice to the rights of the Promoter under the relevant Clauses present herein.

7.5 The Applicant(s) shall, in addition to the Allotment Premium as mentioned in this Application Form for the Apartment, whenever called upon by the Promoter, pay to the Promoter the following amount(s), as set out in Annexure - 3 hereto:

7.5.1 Applicable Charges / Deposit for Installation / Connection of Electricity / Water / Gas / Telephone / Mobile Connectivity / Internet / IPTV / Cable and / or Digital TV services and for other incidental charges.

7.5.2 The Applicant(s) shall be required to take membership of the clubhouse/ Common Amenities and the Applicant(s) shall pay clubhouse/ Common Amenities Charges / Clubhouse membership charges (which in this case have been included in the total Sale consideration of the Apartment and not charged separately) plus applicable taxes thereon. It is hereby clarified that the membership of the clubhouse shall be for the Applicant(s) and his/her/it’s/their immediate family members only. The term “immediate family members” shall mean and include husband, wife/ spouse / partner (married/unmarried) (and their respective parents) and their unmarried children / step-children (along with their parents) and married children / step-children, their spouses and children / step-children residing in the said Apartment, as the case may be, (as defined in the Agreement for Sale). The said membership to the Clubhouse shall be heritable and transferable only along with the said Apartment. The Applicant(s) confirms that he/she/they/it shall not be entitled to transfer the said membership to the Clubhouse allotted to the Applicant(s) dehors or independent of the said Apartment. The Applicant(s) will be liable to pay further usage and service charges as and when applicable and the Applicant(s) shall be required to sign the necessary documents for membership of the clubhouse/ common amenities, which shall contain the detailed terms and conditions. The Applicant(s) is aware that the membership and clubhouse/ common amenities charges with respect to the use of the clubhouse and other amenities shall be governed by the terms and conditions of the Promoter / Facility Management Company ('FMC') / Transferee as appointed / Nominated by the Promoter and the Applicant(s) shall abide by the same.

7.5.3 The Applicant(s) shall also make the payments/deposits, towards share capital for the promotion of the Society/ Federation or towards the out-goings, legal charges (for which the Promoter shall not be liable to render accounts to the Applicant(s) / Society / Federation) as shall be determined and specified by the Promoter.

7.5.4 At the time of possession of the Apartment / handover of the Apartment, the Applicant(s) shall be liable to make payment of:

A. The Applicant’s share of common area maintenance charges (the said charges are to be shared by all the Applicant(s) of the Whole Project, including the Applicant(s) herein of the Sale Building i.e. Applicants of Luma Tower C and all the Applicant(s) of the Sale Phase, proportionate to the Carpet Area of the said Apartment as occupied by the Applicant(s) with the aggregate Carpet area constructed in the Whole Project);

B. Advance payment of 18 (eighteen) months of Sale Building and common area maintenance charges as per clause 7.5.4 (A) herein above (to be shared by all Applicants in the Sale Phase/ Sale Land, including the Applicant(s) herein of the Sale Building i.e. Luma Tower C proportionate to the Carpet Area of the said Apartment as occupied by the Applicant(s) with the aggregate Carpet area constructed in the Whole Project);

The Sale Building and common area maintenance charge, as presently estimated, is detailed in Annexure - 3 hereto. In addition to the above, the Applicant(s) shall also make payment of maintenance charges monthly/ periodically to the FMC/ Promoter, as and when demanded, by the FMC/ Promoter.

7.5.5 The Applicant(s) shall be liable to deposit amounts as shall be delineated in the Agreement For Sale, with the Promoter towards interest free refundable security deposit for the due performance of the Applicant's obligations while undertaking fit-outs in the Apartment (“Fit Out deposit”). The Applicant(s) shall obtain the prior written approval of the Promoter for carrying out any such fit-out works. The Applicant(s) shall complete the fit-out works within 90 (ninety) days of the Promoter granting approval for such fit-out works. This Security Deposit shall be refunded by the Promoter to the Applicant(s) without interest against completion of the fit-out works provided such fit-out work has been carried out as per the fit-out works approved by the Promoter and in compliance with the approved plans and there is no alteration / damage caused to the structure/common areas (including partition walls) and the finishing and installations in the Sale Building and common areas in the Whole Project and all those as may be located in any of the Towers/ Phases/ Proposed Phases situated on the Sale Land and/or the Said Larger Land. During the period of fit-outs, the Applicant(s) shall reimburse the cost of services and facilities (if any) (“Fit-out Fee”) made available by the Promoter to the Applicant(s) during the fit-out period as may be determined on an open book basis. In the event the Applicant(s) fails to make payment of the fit-out fee as demanded by the Promoter, the Promoter shall be entitled to debit the same to the amounts collected from the Applicant(s) including under clause 7.5.4 (A) and the Applicant(s) shall be liable to make good such amount on demand with interest at the Interest Rate as defined herein.

7.5.6The Applicant(s) shall not make or cause to be made any structural addition or alteration of whatsoever nature in or to the Apartment or any part thereof nor alter the elevation / exterior colour scheme of the Sale Building i.e. ‘Luma Tower C’ in which the said Apartment is situated and shall keep all the portions, wires, sewers, drains and pipes in the said Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support / shelter and protect (as the case may be) the other parts of the Sale Building in which the said Apartment is situated and not to chisel/ hammer/ break/ chase or in any other manner damage the columns, beams, walls (partition or structural), slabs or RCC / Pardis or other structural members and partition walls in the said Apartment and/or common area or enclose any balcony and/or common area or any other usable area.

7.5.7The Promoter shall have the sole discretion to appoint / nominate the service / utility providers / vendors and FMC on such terms and conditions as agreed by the Promoter and the same shall be binding upon the Applicant(s) /Society / Federation.

7.6 It is clarified and the Applicant(s) accords his/her/it’s/their irrevocable consent that any payment made by the Applicant(s) to the Promoter hereunder shall, notwithstanding any communication to the contrary by the Applicant(s), be appropriated in the manner below:

a) Firstly, Rs. 10,000/- (Rupees Ten Thousand only) towards penalty on dishonored cheque plus applicable GST thereon (if any). It is agreed and understood that the aforesaid penalty does not include the cost of any legal expense (including lawyer’s fee/ charges, court expenses etc.) which will also have to be fully paid/ reimbursed by the Applicant(s) to the Promoter as and when demanded by the Promoter.

b) Secondly, towards interest and / or penalty on delayed payments of taxes / statutory dues.

c) Thirdly, towards outstanding taxes / statutory dues.

d) Fourthly, towards costs and expenses for enforcement of this Agreement and recovery of all the amounts payable by the Applicant(s) as per this Application.

e) Fifthly, towards interest as on date on delayed payments under this Application.

f) Sixthly, towards other charges payable by the Applicant(s) in respect of the Apartment.

g) Finally, towards outstanding Allotment Premium payable by the Applicant(s) in respect of the Apartment.

No express intimation or communication by the Applicant(s), with regard to appropriation / application of the payments made to the Promoter shall be valid or binding upon the Promoter and all appropriation / application of payments made to the Promoter shall only be in the manner as provided in this Clause.

7.7 All payments required to be made under this Application shall be made as set out in Clause 4.2 above and as would be intimated by the Promoter to the Applicant(s). No payment made otherwise than as aforesaid shall be valid or binding against the Promoter, unless otherwise informed by the Promoter to the Applicant(s) in writing.

7.8 In the event the Applicant(s) obtains a loan from any Bank / Financial Institution for payment of the Allotment Premium (or part thereof) in respect of the Apartment, the Applicant(s) shall solely be responsible and liable to ensure timely payment of the Allotment Premium (or part thereof) to the Promoter, as and when due, even if the loan or part thereof is not disbursed by the Bank / Financial Institution. The Applicant(s) agrees that in the event of non-payment of any of the amounts payable by the Applicant(s) under this Application, the Promoter shall have first lien on the said Apartment for the recovery of such amount without prejudice to the other rights of the Promoter as contained herein and it shall be the duty of the Applicant(s) to inform his/her/its/their respective Bankers / Financiers of the same.

7.9 The Applicant(s) declares and affirms that in case of joint allotment, failure to pay by any of the Applicants shall be deemed as failure to pay by both/all and failure to perform by any of the Applicant(s) shall be deemed as failure to perform by both / all the Applicants, and all the Applicants shall be treated as one single person / entity for the purpose of this Application and all shall be liable for the consequences jointly as well as severally.

7.10 The Promoter shall be entitled to offer receivables from the said Apartment as security to any credit / financial institution, bank or other person / body.

7.11 No payments towards the Allotment Premium and/or other charges will be accepted from any other parties/ third parties other than the Applicant(s).

7.12 If the Applicant(s) fail(s) to pay the applicable GST, within the due date, then the Applicant(s) shall be liable to make good such amount to the Promoter at the same rate along with interest and penalties, if any, as it would be recovered by the Concerned Authorities from the Promoter, together with interest at the Interest Rate computed from the due date till the date of payment on aggregate amount paid to the Concerned Authority.

7.13 The Applicant(s) is aware that the brickwork and flooring, external façade/windows and partition walls, whether internal or external, plumbing works (both external and internal), electrical works (both external and internal) mechanical work (both external and internal), lift work, general finishing works of whatever nature and other works of any nature whatsoever with respect to the said Apartment and of the Sale Building, and vertical transportation works of the Sale Building may be initiated by the Promoter at any stage during the construction cycle simultaneously with casting of slabs or otherwise and the Promoter shall raise demands for the installments in respect thereof simultaneously with demands for the installments payable for commencement/completion of slabs. The Applicant(s) undertakes to make payment of installments in respect of the same as and when demanded by the Promoter and shall not dispute or challenge the said demands under any circumstances and for any reason whatsoever. The Applicant(s) is also aware that the slabs may be cast in a non-sequential manner, depending on the prevailing conditions governing the development, which sequence shall be in the sole discretion of the Promoter. The Promoter shall raise demands for the installments in respect of the slab as and when such demand falls due, as per the Payment Schedule/ Structured Payment Schedule at Annexure - 3, whether the milestone has been achieved sequentially or not. The Applicant(s) undertakes to make payment of installments in respect of the same as and when demanded by the Promoter and shall not dispute or challenge the said demands under any circumstances and any reason whatsoever.

7.14 The Applicant(s) agrees that the Applicant(s) shall make payments of all balance amounts (including “on possession charges”) payable under the Agreement for Sale within 7 (seven) days of the Promoter intimating the Applicant(s), in writing, that the Apartment is ready for possession (“Possession Notice”) and shall thereafter, take possession of the Apartment. In the event the Applicant(s) fails and / or neglects to pay the outstanding amounts and take possession of the Apartment within 7 (seven) days from the date of the Possession Notice, then without prejudice to the rights and remedies available to the Promoter under this Application Form/ Letter of Confirmation of Allotment / Agreement for Sale and/or under applicable laws, the Promoter shall levy and Applicant(s) shall be liable to pay monthly demurrage charges to the Promoter as set out in the Agreement for Sale from the expiry of the aforementioned 7 (seven) days period till such time the Applicant(s) makes payment of the outstanding amounts (with interest at the Interest Rate as applicable) and takes the possession of the Apartment. The Applicant(s) shall also be liable to reimburse to the Promoter the refurbishment and/or replacement costs in respect of the said Apartment incurred by the Promoter due to delay in taking possession by the Applicant(s). The amounts payable by the Applicant(s) pursuant to this clause shall be in addition to the common area maintenance charges payable in respect of the said Apartment.

8EVENTS OF DEFAULT CANCELLATION AND CONSEQUENCES

8.1 The Promoter shall give possession of the Apartment to the Applicant(s) on or before 30th September, 2027 (“Possession Date”) and as disclosed in Form B as submitted under RERA, provided however, that the Promoter shall be entitled to extension of time for giving delivery of the Apartment on the Possession Date as provided under RERA, if the completion of the Project is delayed on account of any or all of the following factors (a) War, drought, fire, cyclone, earthquake, civil commotion and/or any act of God; (b) Any notice, order, rule, circular, notification of the Government and/or other public or competent authority/court which has the effect of impeding the development proposed on the Sale Land/ the Project in any manner whatsoever. The Possession Date shall be automatically adjusted and construed accordingly.

8.2 In the event the Promoter fails to abide by the time schedule for completing the said Project and for handing over the said Apartment to the Applicant(s) on the Possession Date (save and except for the reasons as stated in Clause 8.1), then in such event the Applicant(s) shall be entitled to either of the following:

a) call upon the Promoter by giving a written notice by Courier / E-mail / Registered Post A.D. at the address provided by the Promoter (“Interest Notice”), to pay annual interest at the Interest Rate, on installments of the Sale Consideration paid by the Applicant(s) to Promoter. The interest shall be paid to the Applicant(s) from the Possession Date mentioned in clause 8.1 above till the date of offering to hand over of the possession of the said Apartment by the Promoter to the Applicant(s), on the date of such possession. It is clarified and agreed by the Applicant(s) that the payment of interest by the Promoter to the Applicant(s), if any, shall be adjusted from the payment of next installment that would be payable by the Applicant(s) to the Promoter and in case the quantum of interest is greater than the value of the remaining instalments, the difference between the interest payable and the remaining instalments shall be paid by the Promoter to the Applicant(s) upon date of such possession;

b) the Applicant(s) shall be entitled to terminate this Application/Letter of Confirmation of Allotment/Agreement for Sale by giving written notice to the Promoter, by Courier / E-mail / Registered Post A.D. at the address provided by the Promoter (“Applicant’s Termination Notice”). On the receipt of the Applicant’s Termination Notice by the Promoter, the Application/ Letter of Confirmation of Allotment / Agreement for Sale (as the case may be) shall stand terminated and cancelled. The Promoter shall process the refund to the Applicant(s) the amounts already received by Promoter [subject to the deduction of any brokerage expenses, Pre EMI interest (in case the Applicant has opted for subvention/ deferred payment scheme or if the Promoter has made any payments of such Pre-EMI interest on behalf of the Applicant(s), in any manner whatsoever) incurred by the Promoter and / or applicable taxes / statutory dues / interest / penalties and the balance remaining amount with the Promoter, shall be paid to the Applicant(s) within a period of 45 (forty five) days from the execution and registration of the Deed of Cancellation / Letter of Cancellation (as the case may be)] with annual interest thereon at the Interest Rate to be computed from the date of receipt of such amount/part thereof till the date such amounts with interest at the Interest Rate thereon are duly paid. On such payment of the amounts by Promoter (as stated in this clause), the Applicant(s) shall have no claim of any nature whatsoever on the Promoter and/or the said Apartment and/or Car Park(s) and/or the Luma Tower C Real Estate Project or the Whole Project, as the case may be, and the Promoter shall be entitled to deal with and/or dispose of the said Apartment and/or the Car Park(s) and/or the Luma Tower C Real Estate Project or the Whole Project in the manner it deems fit and proper.

8.3 In case if the Applicant(s) elects his/her/its/their remedy under Clause 8.2 (a) above then in such a case the Applicant(s) shall not subsequently be entitled to the remedy under sub-clause 8.2(b) above.

8.4 In the event the Applicant(s) commits a breach of the terms and conditions contained in this Application (including failure of the Applicant(s) to execute the Agreement for Sale in the manner mentioned in Clause 5.5 above), then without prejudice to the right of the Promoter to charge interest at the Interest Rate mentioned hereinabove, and any other rights and remedies available to the Promoter on the Applicant committing a breach of the terms and conditions contained in this Application / Letter of Confirmation of Allotment/ Agreement for Sale (as the case may be) (including default of payment of installments of the Allotment Premium and/or the taxes and charges mentioned in clause 7.4 and 7.5 hereinabove and/or his/her/its/their proportionate share of taxes levied by concerned local authority and other outgoings), the Promoter shall be entitled at its own option and discretion to terminate this Application / Letter of Confirmation of Allotment / Agreement for Sale (as the case may be). Provided that, the Promoter shall give notices of 15 (fifteen) days in writing to the Applicant (“Default Notices”), by Courier / E-mail / Registered Post A.D. at the address provided by the Applicant(s), of its intention to terminate this Application / Letter of Confirmation of Allotment / Agreement for Sale (as the case may be) with detail/s of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Application / Letter of Confirmation of Allotment / Agreement for Sale (as the case may be). If the Applicant fails to rectify the breach or breaches mentioned by the Promoter within the period of the last Default Notice, including making full and final payment of any outstanding dues together with interest at the Interest Rate thereon, then at the end of period contained in the Default Notice, the Promoter shall be entitled to terminate this Application / Letter of Confirmation of Allotment / Agreement for Sale (as the case may be) by issuance of a written notice to the Applicant (“Promoter’s Termination Notice”), by Courier / E-mail / Registered Post A.D. at the address provided by the Applicant(s). On the receipt of the Promoter’s Termination Notice by the Applicant(s), this Application / Letter of Confirmation of Allotment/ Agreement for Sale (as the case may be), shall stand terminated and cancelled ipso facto without any further act, deed or thing. Upon the termination of this Application / Letter of Confirmation of Allotment / Agreement for Sale (as the case may be), the Promoter shall be at liberty to dispose of and sell the Apartment and/or Car Park Space(s) and/or the Luma Tower C Real Estate Project or the Whole Project to such person and at such price as the Promoter may in its absolute discretion think fit and proper.

8.5 Upon the termination of the Application / Letter of Confirmation of Allotment, Agreement for Sale (as the case may be), pursuant to Clause 8.4 hereinabove, the Promoter shall be entitled to forfeit the amounts in accordance to hereinbelow:

i. In case of termination within 15 (fifteen) days from issuance of the Letter of Confirmation of Allotment, then Nil amount shall be forfeited, save and except as mentioned hereinbelow;

ii. In case of termination within 16 (sixteen) days to 30 (thirty) days from issuance of the Letter of Confirmation of Allotment, then 1% of the total Allotment Premium of the said Apartment shall be forfeited;

iii. In case of termination of this Application/ Letter of Confirmation of Allotment is within 31 (thirty one) days to 60 (sixty) days from issuance of the Letter of Confirmation of Allotment, then 1.5% of the total Allotment Premium of the said Apartment shall be forfeited;

iv. In case of termination of this Application/ Letter of Confirmation of Allotment is after 61 (sixty one) days from issuance of the Letter of Confirmation of Allotment, then 2% of the total Allotment Premium of the said Apartment shall be forfeited;

v. The amount to be deducted shall be as mentioned above and the Promoter shall also deduct any brokerage expenses, Pre EMI interest (in case the Applicant has opted for subvention/ deferred payment scheme or if the Promoter has made any payments of such Pre-EMI interest on behalf of the Applicant(s), in any manner whatsoever) incurred by the Promoter and / or applicable taxes / statutory dues / interest / penalties as and by way of a mutually agreed genuine pre-estimate of liquidated damages for cancellation (‘Forfeiture Amount’) and the balance remaining amount with the Promoter, if any, shall be paid to the Applicant(s) within a period of 45 (forty five) days from the execution and registration of the Deed of Cancellation / Letter of Cancellation (as the case may be). In case the Applicant(s) has availed any loans (including subvention/ deferred payment scheme or if the Promoter has made any payments of such Pre-EMI interest on behalf of the Applicant(s), in any manner whatsoever), for payment of the Allotment Premium/Sale Consideration then in such case the amounts disbursed by the lending Bank/Financial Institution to the Promoter, shall be refunded by the Promoter to such lending Bank/ Financial Institution directly and the Applicant(s) authorises the Promoter to collect the original Agreement for Sale / Application Form/Letter of Confirmation of Allotment (as the case may be) from such Bank/Financial Institution and the Promoter shall not be required to take any consent / confirmation from the Applicant(s) at any time. It is clarified herein that in case the amount of loan availed by the Applicant(s) is greater than the Sale Consideration received by the Promoter less the Forfeiture Amount, the difference would have to be paid by the Applicant(s) from his/her/their/its own sources and ensure there is no outstanding bank loan with respect to the said Apartment. In case the Applicant(s) refuses to make such differential payment, the Promoter may make such payment on his/her/their/its behalf. This payment shall be recovered from the Applicant(s) together with such minimal interest at 18% per annum or such interest rate which shall in no event be less than 200 (two hundred) basis points above the borrowing cost of the Promoter. Upon receipt of the Promoter’s Termination Notice, the Applicant(s) shall have no claim of any nature whatsoever on the Promoter and/or the said Apartment and/or Car Park(s) and/or the Luma Tower C Real Estate Project or the Whole Project, save and except the monetary claim to the extent of his/ her/ its/ their refund amount, if any, and the Promoter shall be entitled to deal with and/or dispose of the said Apartment and/or Car Park(s) and/or the Luma Tower C Real Estate Project or the Whole Project in the manner Promoter deems fit and proper.

8.6 The Applicant(s) agrees that receipt of the said refund by way of cheque by registered post at the address given by the Applicant(s) in this Application, whether the said cheque has been accepted/ encashed by the Applicant(s) or not, will be considered as acceptance of the refund made by the Promoter and the liability in terms of the said refund shall come to an end forthwith. Upon such refund the Application Form/ Letter of Confirmation of Allotment /Agreement for Sale (to be executed) (as the case may be) shall be deemed to be cancelled / terminated ipso facto without any further act, deed or thing. In furtherance thereto, the Promoter shall be entitled to sell, transfer, mortgage or dispose of the said Apartment and its respective Car Parking Space(s) to any person or persons, at their sole discretion. The Applicant(s) shall not take or make any objection, contention, obstruction, claim or any proceeding in respect of the Promoter re-allotting the said Apartment and its respective Car Parking Space(s) to any other person or persons pending refund of balance monies (after deductions), if any, as mentioned herein above. In such an event the Applicant(s) shall not be entitled to claim any right, title, interest or benefit of any nature whatsoever in respect of the said Apartment and its respective Car Parking Space(s) and/or the Luma Tower C Real Estate Project or the Whole Project.

8.7 The Applicant(s) hereby irrevocably authorises the Promoter to execute and register such necessary deeds, documents and writings, for and on behalf of the Applicant(s), in respect of and relating to the termination of this Application/ Letter of Confirmation of Allotment/ Agreement for Sale (as the case may be) including a Deed of Cancellation / Termination/ Letter of Cancellation/ Termination (as the case may be), without any reference or recourse to the Applicant(s).

8.8 The Applicant(s) may at any time elect to cancel the Application/ Letter of Confirmation of Allotment/ Agreement for Sale (as the case may be), after the Applicant(s) gives the Promoter, 30 (thirty) days’ notice in writing of its intention to do so. The Application/ Letter of Confirmation of Allotment/ Agreement for Sale (as the case may be) shall stand terminated/ cancelled without any further act, deed or thing, on the expiry of the aforesaid 30 (thirty) days’ notice period, subject to receipt of the aforesaid notice of the Applicant(s) by the Promoter. Upon termination of the Application/ Letter of Confirmation of Allotment/ Agreement for Sale (as the case may be), the Applicant(s) shall not have any claim whatsoever to the Apartment and its respective Car Park Space(s) and/or the Luma Tower C Real Estate Project or the Whole Project, save and except the monetary claim to the extent of his/ her/ its/ their Refund Amount, if any, and the Promoter shall be at liberty to dispose of and sell the Apartment and its respective Car Parking Space(s) to such person and at such price and terms and conditions as the Promoter may in their absolute discretion think fit and proper. The Promoter shall refund the amounts paid by the Applicant(s) without any interest as per the provisions of Clause 8.5 and Clause 8.6 hereof. The Promoter shall be entitled to Forfeiture Amount and the balance remaining amount with the Promoter shall be paid to the Applicant(s) within a period of 45 (forty five) days from the execution and registration of the Deed of Cancellation / Letter of Cancellation (as the case may be). On expiration of 30 (thirty) days of the Applicant serving the Promoter with a notice for cancellation / termination of this Application and/or Letter of Confirmation of Allotment/ Agreement for Sale (as the case may be), the Applicant(s) shall have no right, title, interest, claim, demand or dispute of any nature whatsoever, save and except the monetary claim to the extent of his/ her/ its/ their Refund Amount, if any, either against the Promoter or against the Apartment and its respective Car Park Space(s)/ Project and/or the Luma Tower C Real Estate Project or the Whole Project.

9 TERMS OF TRANSFER

9.1 The Applicant(s) shall not transfer or assign the Applicant(s)’s interest or benefit under this Application till Possession.

9.2 Keeping in mind and to safeguard the exclusivity of the said Project, the Applicant(s) shall not transfer or assign the Applicant(s)’s interest or benefit under this Application without the prior written consent of the Promoter.

9.3 If the Applicant(s) wishes / desires to transfer or assign the Applicant(s)’s interest or benefit under this Application or part with the possession of or interest in the Apartment and its respective Car Parking Space(s) either prior to making full and final payment as per terms and conditions contained herein as well as in the Agreement for Sale or prior to receiving possession of the Apartment and its respective Car Parking Space(s) (if any), the same will be subject to the prior written consent of the Promoter and payment of transfer charges to the Promoter, which shall be Rs. 16,150/- (Rupees Sixteen Thousand One Hundred and Fifty Only) Per square meter of RERA Carpet Area of the Apartment being so transferred, which transfer and levy of transfer charges for the same shall be in the sole discretion of the Promoter. The Promoter reserves its right to exercise the transfer of the said Apartment and its respective Car Park Space(s) as it deems fit. In the event of any transfer or assignment of the Applicant(s)’s interest or benefit under this Application or the Applicant(s) parts with the possession of or interest in the Apartment, without the prior written consent of the Promoter and payment of transfer charges as provided herein-above, such transfer / assignment shall not be valid and binding upon the Promoter.

9.4 The term 'transfer' shall mean and include, handing over possession of the Apartment to a third party, assignment of the interest and benefits under the Application Form / Letter of Confirmation of Allotment / Agreement for Sale / rights to the Apartment, sale of Apartment, perpetual/ long-term or short-term license / lease of Apartment (including all renewals / extensions / options, if any), transfer of shares of a company (if the Purchaser(s)/Applicant(s) is a company), change of control of the Promoter of a Private or a Public Limited Company, reconstitution of a Partnership Firm / LLP including but not limited to, by adding new partners or resignation of any of the partners and Designated Partners from the Firm / LLP or dissolving the Firm / LLP or change in the commercial terms of the firm / LLP, changing the beneficial control / ownership of the Association of Persons (AOP), in case the Applicant(s) is an AOP, including any changes brought about by action under the SARFAESI Act 2002/ Companies Act 1956/ Insolvency and Bankruptcy Code 2016, etc.

9.5 In case the Apartment is transferred / assigned (with due consent and permission of the Promoter and subject to payment of Transfer Charges as contained herein/ Agreement for Sale) by the Applicant(s) to a third party, subject to compliance of the above provisions, Applicant(s) shall hold the third party accountable/ liable to comply with all the terms of this Application including all amounts outstanding or payable and due in the future.

9.6 The Applicant(s) confirms that they shall not be entitled to transfer the Car Parking Space(s) or Clubhouse membership allotted to the Applicant(s) dehors or independent of the said Apartment.

10 MEMBERSHIP OF THE SOCIETY / FEDERATION

10.1 On the completion of the development of this Project, it is proposed that the Promoter shall form an independent single Society of all the Allottees of the Sale Building known as Luma Tower C. On completion of the development of the remaining Sale Phase(s) comprising of further Sale Buildings, the Promoter shall form an independent single Societies for each of the future/ other Sale Buildings in the same manner as is done for this Project, or such manner as the Promoter, in its sole and absolute discretion, deems fit. It is proposed that a single Federation shall be formed consisting of all the Societies on the Sale Land / Larger Land or part thereof and the common areas and amenities in the Whole Project and all those as may be located in any of the Towers/ Phases/ Proposed Phases situated on the Sale Land/ Larger Land / Whole Project or part thereof would be vested in such a Federation.

10.2 The Applicant(s) shall observe and perform and comply with all the rules and regulations and bye-laws of the Society / Federation (as the case may be) and the additions, alterations and amendments thereof that may be made from time to time for protection and maintenance of the Sale Building and the said Apartment therein and its respective Car Parking Space(s) therein and for the performance and observance of building Rules, regulations and bye-laws of the concerned local authority, government or public bodies. The Applicant(s) shall also observe and perform all the terms and stipulations laid down by the Society / Federation (as the case may be) regarding occupation and use of the said Apartment and its respective Car Parking Space(s) and shall pay all outgoings and any other charges in accordance with the terms of the Agreement for Sale (to be executed) and the rules, regulations and bye-laws of the Society / Federation (as the case may be).

11 DISPUTE RESOLUTION

All disputes, claims and questions whatsoever which may arise, touching or relating to or arising out of these presents or the construction or application thereof or any clauses or thing herein contained or in respect of the entitlements, rights, duties, responsibilities and obligations of any of the Parties hereunder or as to any act of commission or omission of any Party or as to any other matter in anyway relating to these presents, then the aggrieved Party shall notify the other Party in writing thereof, and the Parties shall endeavour to resolve the same by mutual discussions and agreement. In case of failure to settle the dispute amicably, the dispute shall be referred to such court/authority as per the provisions of law. This transaction contemplated herein in respect of the Apartment shall be governed and interpreted by and construed in accordance with the laws of India. The Courts in Mumbai shall have jurisdiction.

12 DECLARATION OF FREE WILL

The Applicant(s) hereby expressly admits, acknowledges and confirms that all terms, conditions, particulars or information, whether oral, written or otherwise given or made or represented, including those contained/ given in any advertisement or brochures; and/or the show Apartment/ Sample Apartment constructed by the Promoter, if applicable, which includes all the furniture, show items/ accessories, electronic goods, amenities etc. displayed therein; and/or any marketing material including sales brochures, models, photographs, videos, illustrations, walk through, website, etc. (“Promotional Material”) provided to the Applicant(s) or made available to the Applicant(s) for viewing were merely artists’ impressions and product of creative imagination and the same shall not constitute a representation or warranty or declaration, by the Promoter and/ or its Agents to the Applicant(s) and / or his/her/its/their Agents and no such advertisement / brochure / show apartment / item / accessories / Promotional Material shall be deemed to form part of this Application Form or to have induced the Applicant(s) to make this Application. The relationship between the Applicant(s) and the Promoter in respect of the Apartment and its respective Car Parking Space(s) shall be governed only by the terms and conditions of this Application read with Agreement for Sale, the terms of which shall supersede the terms hereof. The Applicant(s) undertakes not to raise any objections with respect to any difference in the Project and Future Phases of the Project from such marketing collaterals/Promotional Materials.

13 COMMUNICATION

13.1 The Applicant(s) shall be bound to notify promptly in writing to the Promoter any change in the preferred address for all correspondence and / or in his/her/its/their email ID and other relevant contact details and in absence of any such notification by the Applicant(s), all communication (including but not limited to only the Demand Letters for the payments) shall be deemed to have been duly served, if sent to the Applicant(s), to the Address / Email ID mentioned in this Application Form.

13.2 In case of joint Applicants, communication sent to the first Applicant shall be deemed to have been sent to all the Applicant(s).

13.3 DNC Disclaimer: The Applicant(s) grants his/her/its/their consent to the Promoter to communicate marketing communication of the Promoter and / or its Group Companies / sister concerns by letters / email / voice, SMS or otherwise, to the contact details of the Applicant(s) included in this Application Form.

13.4 The Applicant(s) is aware and consents that the telephonic conversations of the Applicant(s) with the customer relations representative may be recorded by the Promoter for quality and internal assessment purposes.

14 APPLICANT(S)’ COVENANTS:

14.1 The Applicant(s) has/ have read and understood all the information/ details mentioned in the Terms and Conditions which are also uploaded/ disclosed on the government portal/ website, presently being “https://maharera.mahaonline.gov.in/”.

14.2 The Applicant(s) has/ have been explained the meaning and content of the Terms and Conditions in his/her/its/their own language and he/she/it/they has/ have understood the same in totality.

14.3 The Applicant(s) has sought independent legal advice with respect to the application made herein together with all annexures hereto (which are also provided in the link at the end of the application), made enquiries thereon and is satisfied with the same. The Applicant(s) undertake(s) that he/she/it/they has/have verified with his/her/its/their financial advisor and confirm that the Applicant(s) has/have the financial capability to consummate the transaction, provided this application is accepted and approved by the Promoter on such terms and conditions prescribed/ to be prescribed by the Promoter, from time to time.

14.4 The Applicant(s) agrees and accepts the terms and conditions including the annexures, without any variations/ exceptions/ conditions/ reservations/ objections, etc. and shall not seek any amendment, modification and/or change and shall raise no objection/ dispute in future of any nature whatsoever. The Applicant(s) further explicitly confirm that the Promoter shall, at all times, have the absolute right and authority to amend, vary or modify various terms and conditions of this application (including but not limited to payment terms and timelines) and that the Applicant(s) undertake and covenant to abide/ oblige by it, from time to time, without any objection/ protest etc. of any nature whatsoever.

14.5 The Applicant(s) has already received a copy of the Annexure 3 hereto and for the sake of reiteration, the same shall be shared by the Promoter/ Relationship Manager with the Applicant(s) on his/her/its/their registered Email address.

15 GENERAL PROVISIONS

15.1 The invalidity of any of the terms, conditions or stipulations of this Application shall not affect the validity of the remaining terms, conditions or stipulations of this Application or the validity of the Application itself.

15.2 No failure to exercise or delay in exercising or enforcing any rights or remedies under this Application shall constitute a waiver thereof and no single or partial exercise or enforcement of any rights or remedies under this Application shall preclude or restrict the further exercise or enforcement of any such rights or remedies.

15.3 All the permutation and combination of the listed Annexures have been uploaded on the link and only the respective Annexures pertaining/ corresponding to the Apartment are construed to be relevant/ applicable. The relevant Annexures as listed herein can be viewed and is downloadable from a separate link provided at the end of this document and further that Applicant(s) has/ have downloaded the same and have studied the same in detail.

15.4 The Applicant(s) shall treat all information pertaining to the Project, including without limitation, the terms of this Application and its Annexures and all writings and communications, plans, drawings, approvals relating to the Project as Confidential and shall not disclose the same to any third party(ies) and shall neither use, nor reproduce for use in any manner whatsoever the same, save and except to any family member and / or lender for the Apartment and /or as may be required by law. This clause shall survive the termination of this Application / Letter of Confirmation of Allotment/ Agreement for Sale.

15.5 The singular includes the plural and vice versa and any work or expression defined in the singular shall have a corresponding meaning if used in the plural or vice versa. A reference to any gender includes a reference to all other genders.

15.6 The Applicant(s) is making this Application after reading and understanding the terms and conditions (including annexures) contained herein and has agreed to abide by the same.