THIS INDENTURE OF LEASE is made at Mumbai this ____ day of [.

] 2013,
BETWEEN: [.], of Mumbai Indian inhabitant, at present residing at [.], hereinafter
referred to as "the LESSOR" (which expression shall unless it be repugnant to the context
or meaning thereof be deemed to mean and include his heirs, executors, administrators
and assigns) of the FIRST PART,
AND
[.], also of Mumbai Indian inhabitant, at present residing at [.], hereinafter referred to as
"the FIRST CONFIRMING PARTY" (which expression shall unless it be repugnant to
the context or meaning thereof be deemed to mean and include her heirs, executors,
administrators and assigns) of the SECOND PART,
AND
MESSRS. [.], a Partnership firm registered under the Indian Partnership Act, 1932,
having its Office at [.], hereinafter referred to as "the CONFIRMING PARTY" (which
expression shall unless it be repugnant to the context or meaning thereof, be deemed to
mean and include the partners for the time being of the said firm, the survivor or
survivors of them and the heirs, executors and administrators of last such survivor) of the
THIRD PART
AND
[.], all adults, of Mumbai Indian Inhabitants, residing at [.], hereinafter referred to as the
LESSEES (which expression shall unless it be repugnant to the context or meaning
thereof be deemed to mean and include her heirs, executors, administrators and assigns)
of the FOURTH PART:
WHEREAS:
I.

The Lessor and First Confirming Party are members of [.] Co-operative Housing
Society Ltd., a Society registered under the provisions of the Maharashtra Cooperative Societies Act and having its registered office at [.], Vile Parle (West),
Mumbai-400056, (hereinafter referred to as "the Society") presently holding 2
shares of the face value of Rs.50/- each bearing distinctive Nos.[.] and [.]
comprised in Share Certificate No.[.] issued by the Society (hereinafter referred to
as "the said Shares");

II.

The Society has granted a Lease to the Lessor commencing from [.], for a period
of 999 years in respect of the Plot of land bearing Plot No.[.], and C.T.S.No.[.],
forming part of estate of the Society and situate at [.], J.V.P.D. Scheme, Vile Parle,
Mumbai-400 056, Taluka Andheri, Mumbai Suburban District in Greater Mumbai
and admeasuring [.] Square Mtrs. equivalent to [.] Sq. Yds. more particularly
described in the Schedule hereunder written (hereinafter referred to as "the said
Plot');

III.

On [.], the First Confirming Party has been duly admitted by the [.] Society as an
Associate Member of the Society with the Lessor and the Society has included her
name in the said Shares Certificate No.[.] alongwith the Lessor;

IV.

The membership of the Lessor and the First Confirming Party of the said Society
is valid, subsisting and binding and the aforesaid lease is valid, subsisting and
binding;

V.

By and under the Construction Agreement dated [.] made and entered into
between the Lessor, the First Confirming Party and the second Confirming Party,
it was agreed between the said parties that the Second Confirming Party herein
would construct a multi-storied building on the said Plot after demolition of the
said Bungalow as per the plans sanctioned by Municipal Corporation of Greater
Mumbai and other concerned Authorities, on the terms and conditions therein
contained by consuming the total F.S.I. of the said plot and loading 100% T.D.R.
thereon;

VI.

The said Society has vide its letter dated [.] granted its consent and permission to
the Lessor to construct a building on the said Plot and consume 100% F.S.I. as
and by way of T.D.R. on the said plot;

VII.

Accordingly, the Plans for construction of the said new multi storied building of
Ground, Stilt and 11 (part) upper floors of the approximate carpet area of 19162
Sq. ft. has been sanctioned by the Municipal Corporation of Greater Mumbai vide
I.O.D. dated [.] and Commencement Certificate dated [.], bearing No.[.] was
issued;

VIII.

Pursuant thereto, the Second Confirming Party has as per the sanctioned plans and
approvals constructed a building on the said plot known as [.] consisting of stilt
and eleven upper floors;

IX.

The Second Confirming party has completed construction of the said Building
"[.]" and the Municipal Corporation of Greater Mumbai has granted the
occupation Certificate dated [.], in respect thereof;

X.

As per the arrangement arrived at between the Lessor, the First Confirming party
and the Second Confirming Party, the Lessor is solely, exclusively and absolutely
entitled interalia to Apartment No.[.], on [.] floor, of the said new building with
the sole, exclusive, absolute right to let out, underlet, demise, dispose off and
otherwise to deal with the same, in any manner whatsoever as the Lessor deem fit
and proper and at his sole and absolute discretion;

XI.

The Lessor has now agreed to demise unto the Lessees the said Apartment
together with one open Car Parking Space in the compound for the unexpired
residuary of the said lease in favour of the Lessor i.e. till the year [.] on the terms
and conditions therein contained and the Lessees has agreed to pay rent to the
Lessor and the consideration of Rs.[.]/- (Rupees [.] only) to the Lessor;

XII.

The Lessees has paid on or before the execution of these presents to the Lessor,
the sum of Rs.[.]/- (Rupees [.] only) in the aggregate from time to time being the
part consideration payable by the Lessees to the Lessor.

XIII.

The Lessees have agreed and undertook to pay to the Lessor the balance
consideration of Rs.[.]/- (Rupees [.] only) within a period of 30 days from the date
hereof and requested the Lessor to execute the Indenture of Lease in their favour
and the First confirming Party and the Second Confirming Party have agreed to
join therein as the Confirming Parties in the manner hereinafter appearing.

NOW THIS INDENTURE WITNESSETH AS FOLLOWS :1.

In pursuance of the said agreement and in consideration of the rent payable by the
Lessees to the Lessor and the covenants on the part of the Lessees hereinafter
reserved and contained and in further consideration of payment of a sum of Rs.[.]/(Rupees [.] only) being the part consideration paid by the Lessees to the Lessor (the
payment and receipt whereof the Lessor doth hereby admit and acknowledge) and
SUBJECT to the Lessees paying to the Lessor the balance consideration of Rs.[.]/(Rupees [.] only) within a period of 30 (thirty) days from the date hereof (time being
an essence of the contract), making together the aggregate total consideration of Rs.
[.]/- (Rupees [.] only) payable by the Lessees to the Lessor, with the confirmation of
the Confirming Parties as herein contained HE, the Lessor doth hereby demise unto
the Lessees the said Apartment, being Apartment bearing No.[.] admeasuring [.] Sq.
ft. of Carpet area on the [.] floor of the building known as "[.]" situate, lying and
being at Plot No.[.], Swastik Society, N.S. Road No.[.], J.V.P.D. Scheme, Vile Parle
(West), Mumbai - 400 056 in the Registration District of Mumbai Suburban
standing on Plot No. [.], City Survey No.[.] of Village Vile Parle, Taluka Andheri,
admeasuring about [.] Sq. Yards equivalent to [.] Sq. Meters or thereabouts and
more particularly described in the Schedule hereunder written (which Apartment is
hereinafter referred to as the demised premises) and shown on the plan hereto
annexed and thereon shown surrounded by red colour boundary lines for unexpired
residuary of the said lease in favour of the Lessor i.e. till the year [.] at an annual
rent of Re.1/- (Rupee one only) together with proportionate undivided right in the
Lease of the said Plot as may be permissible AND ALSO TOGETHER WITH the
right to use in common with other occupants of the said building "[.]" common
areas, amenities, facilities and conveniences, right of ingress and egress upon the
said Plot for purpose of entry into and exit from the said building, TOGETHER
WITH right in common with the members of the said Society, to use common roads
and passages made or to be hereinafter made in the property of the said Society and
the First Confirming Party and the Second Confirming Party do and each of them
doth hereby confirm the same.

2.

The Lessor, the First Confirming Party and the Second Confirming Party shall put
the Lessees in vacant and peaceful possession of the demised premises, upon the
Lessees making payment of the aforesaid balance consideration to the Lessor, as per
Clause No.1 above and realisation of Cheque for the said balance consideration in
the Lessors account.

3.

The Lessees to the intent that the covenants herein contained shall continue through
out the term hereby created doth hereby covenant with the Lessor and the First
Confirming Party and Second Confirming Party as follows:a)

That they have acquainted and satisfied themselves with the title of the Lessor
to the said Plot and to demise the demised premises in the manner herein
contained and they shall not at any time hereafter make and raise any objection
or requisition or demand in that behalf;

b)

That they will during the said term, pay to the Lessor the annual rent of Re.1/(Rupee one only) hereinabove reserved without any deduction on or before the
30th day of June every year;

c)

That on and from the date of taking possession of the demised premises, they
shall pay to the Lessor and discharge proportionately prorate all present and
future rates, B.M.C. taxes, assessment, betterment charges, dues, duties, charges
and outgoings whatsoever payable to the said Society, the Government of
Maharashtra, Municipal Corporation of Greater Mumbai or any other Public
Body or authority including interalia common water charges, common
electricity charges, maintenance (eg. salaries/payment of two shift watchmen,
liftmen, cleaners, sweepers, and maintenance, repairs, service and upkeep of the
lifts etc.) outgoings, impositions by way of land revenue or other B.M.C. tax,
future increase that may be payable in respect of the demised premises, now or
at any time hereafter imposed or charged upon the Lessor or occupiers of the
said premises;

d)

To permit the Lessor and/or his authorised representatives to enter upon and
inspect the said Apartment after 24 hours previous notice in writing to view the
condition of the said Apartment;

e)

That they will not do or cause to be done upon the said premises any act which
shall be nuisance or annoyance to the other occupants of the said Building;

f)

To bear and pay the proportionate costs and expenses of the major repairs of the
said building;

g)

To pay proportionate cost of reconstruction and/or repairs to the said building in

the event of destruction or demolition thereof;

h)

To maintain in the said premises, proper drains water and sanitary connections,
fittings and other conveniences subject to and in conformity with the Municipal
Rules, Regulations and Bye-laws;

i)

Not to make any structural alterations or additions or modifications without

obtaining the requisite permissions from the concerned authorities and prior
written permission of the Lessor which shall not be unreasonably withheld and
in accordance with clause (6) hereof;

j)

To use the said Apartment for the purpose of residence and not for any other
purpose and the said open car parking space for parking of their vehicle and not
for any other purpose;

k)

The Lessees shall not be entitled to deal with the open Car Parking Space
acquired hereunder independently but the same shall always be along with the
said Apartment only as a composite transaction;

l)

On the expiry of the term hereby granted, to deliver to the Lessor the demised
premises;

m)

Not to store in the said premises any goods of combustible, hazardous or

inflammable nature;

n)

Not to fix any board, neon-signs or advertisement either on the terrace or on the
exterior of the said building or on the compound wall or otherwise in the said
plot without the prior written permission of the Lessor;

o)

To comply with the Rules, Regulations and Bye-laws of the said Society and
the Municipal Corporation of Greater Mumbai;

p)

The Lessees shall not at any time require the Society and/or the Lessor to
partition by metes and bounds the said Plot;

q)

That they shall forthwith at their own expenses comply with any notice or
demand of the local authority as to any matter in respect of which such
authority has jurisdiction to serve any notice or make any requirement or
demand so long as such demands relate to the demised premises;

r)

To abide by and comply with all the bye-laws, rules, regulations of the [.]
Society and the local/statutory and all concerned authorities and not to commit
breach of or do any act, deed, matter or thing contrary to the terms and
conditions and covenants of the said lease in favour of the Lessor and to
indemnify and keep indemnified the Lessor in respect of any breach in that
behalf;

s)

Not to do or cause or permit any public or private nuisance into or upon the
demised premises or otherwise in the said building or do anything which will
cause annoyance, disturbance inconvenience or danger to the occupants of the
other Apartments or the said building;

t)

That they shall not do any act, deed, matter or thing or suffer or permit any act,
deed, matter or thing whatsoever to be done which will in any manner

jeopardise and/or adversely and/or prejudicially affect the said lease granted by
the Society in favour of the Lessor and/or the right, title and interest of the
Lessor into or upon the said plot and/or any part thereof and/or in the said
building and/or any part thereof;
u)

The Lessees shall STRICTLY not be entitled to and shall not change the
outside/outer elevation of the said new building "[.]" in any manner whatsoever
including interalia by installation of A/c grill/ducts/ducting grills (save for M.S.
or Steel grill) window, separate colour scheme for the portion outside or
surrounding his Apartment and/or any other portion of the building or otherwise
so as to alter or change the uniformity aesthetics & beauty of the said building
"[.]";

v)

That the Lessees shall themselves at their own costs and expenses and/or jointly
with the occupants of the adjoining Apartment No.[.], maintain the mid-land
toilet between the [.] and [.] floors.

w)

That the Lessees shall not at any time claim or demand any share, right, title or
interest in, to or upon the said Plot and / or in the FSI or any other benefit in
respect of the said Plot or any part thereof, to mean and intent that at all time
hereafter the Lessor alone shall be entitled to any addition or accruation in, to or
in respect of the said Plot, including to the additional FSI and / or the right of
utilization of additional TDR / FSI on the said Plot, that may accrue to the
Lessor at any time hereinafter in future. The Lessees hereby record and give
their irrevocable consent and no objection to the utilization of any such
additional FSI and /or TDR / FSI by the Lessor on the said Plot or any part
thereof, as may be permissible in the law or under the Development Control
Regulations of the MCGM.

4. The Lessor, the First Confirming Party and the Second Confirming Party have
represented to the Lessees and hereby covenant with the Lessees only so far as
attributable to each of them, as follows:
a)

That they have obtained necessary permission from the concerned authorities
for development of the said Plot and they are entitled to deal with the said
premises in the manner herein ser out.

b)

Municipal Corporation of Greater Mumbai has sanctioned the Plan for

construction of the said building on the said plot and have issued an I.O.D.
dated [.] and Commencement Certificate dated [.], in that behalf.

c)

Prior to entering into this deed, they have not entered into any agreement or
arrangement with any other party for demising the said premises. The said
premises and the rights and benefits appurtenant thereto are free from all
encumbrances.

4.

The Lessor and the First Confirming Party to the intent that the covenants herein
contained shall continue through out the term hereby created hereby covenant with
the Lessees as follows:
a)

On the Lessees paying the rent hereinabove reserved being Re.1/- (Rupee One
only) per annum for the term hereby granted, and performing and observing all
the terms, covenants and conditions on the part of the Lessees hereinabove
contained, they shall be entitled to peaceably & quietly hold, use, occupy and
enjoy the demised premises;

b)

To pay the aforesaid ground rent and all other existing and future taxes, rates,
dues, duties, cesses, impositions and outgoings in respect of the said plot and
the said building and also electricity and water charges and other dues payable
to the said Society and all concerned authorities;

c)

To observe the terms, conditions and covenants of the said Lease and the Rules,
Regulations and Bye-laws of the said Society and other concerned authorities
from time to time;

d)

Not to surrender the leasehold rights and membership of the said Society
without the written consent of the Lessees;

e)

The Lessor is absolutely entitled to the leasehold rights in respect of the said
plot and such leasehold right is free from all encumbrances, mortgages,
attachments, liens etc.;

f)

The said leasehold rights in favour of the Lessor are subsisting and in force and
the Lessor has observed and performed and complied with the terms and
conditions thereof and there has been no breach thereof;

g)

The Lessor has been the member of the society since [.] and the First
Confirming Party, has been admitted by the [.] Society as an Associate Member
of the Society with the Lessor on [.]. The said shares have been and are today
held by the Lessor and the First Confirming Party and have not been
surrendered to or forfeited by the Society;

h)

The title to the said Plot is clear, marketable and free from all encumbrances;

i)

The Lease in respect of the said Plot is valid, subsisting and binding and the
Lessor and the First Confirming Party have observed all the terms, conditions
and covenants of the said Lease and their membership of the said Society is
valid and subsisting;

j)

The Lessor and the First Confirming Party will observe the terms and
conditions and covenants of the said Lease through out the term hereby granted
and the Rules, Regulations and Byelaws of the said Society as members
thereof;

k)

The Lessor and the First Confirming Party have paid maintenance and other
dues in respect of the said plot upto date;

l)

The Lessor alongwith the Lessees and the other holders/occupants of the said
building shall maintain the compound of the said building and the outer
structure of the said building in good and tenantable condition and repairs;

m)

The monthly and all other outgoings, contributions, impositions, duties dues,
taxes, rates, cesses, assessments, including interalia, water and common
electricity charges payable in respect of the said plot and the said building to the
Society and all other concerned authorities have been paid by the Lessor upto
the date hereof and the Lessor hereby agrees and undertakes that the Lessor
alone shall be solely responsible and liable for payment of such unpaid
amounts, if any, and the Lessees shall not in any way be responsible and/or
liable therefore, and the Lessor agrees to and shall indemnify and keep
indemnified the Lessees from and against all action costs, claims and demands
that may be made and/or raised upon the said plot and/or the said building
and/or the Lessees in that behalf;

n)

The Lessor jointly with the Lessees and other occupants of the said building,
shall maintain the two lift/s of the building in good and working order and
condition;

o)

They are entitled to enter into these presents and demise the said premises in the
manner contained herein/confirm the same and are not prohibited from doing so
by any statute, enactment, byelaws or otherwise;

p)

They have not created any loan, charge, mortgage on the said property and
there is no litigation pending in respect thereof and the said building and the
said Plot are not acquisitioned or acquired for any public purpose and the
Lessor has good right, full power and authority to the said property;

q)

The Lessor and/or the First Confirming Party and/or the Second Confirming
Party or any of them have not done, committed, suffered or been party or privy
to any act, deed, matter or thing and/or been party to anything hereby they are
prevented from entering into these presents with the Lessees and/or creating
rights in favour of the Lessees in the demised premises in the manner herein
contained or whereby the same or any part thereof is, can or may be charged,
encumbered or prejudicially affected in estate, title or otherwise howsoever;

r)

The Lessor, the First Confirming Party and the Second Confirming Party shall,
whenever required to do so, at the request and costs of the Lessees from time to
time and at all times hereafter sign and/or caused to be singed all letters, papers,
writings, applications and all other documents as may be necessary for the
better and more effectually giving effect to these presents including conversion
into ownership, if permitted by the said Swastik Society and otherwise in law.

5.

The Lessees shall on or before taking possession of the demised premises from the
Lessor, deposit & always keep deposited a sum of Rs.[.]/- (Rupees [.] only) or such

other sum as may be mutually agreed upon by the majority occupants of the said
building, from time to time, as deposit for payment of taxes, dues, duties,
maintenance charges etc. in respect of the demised premises including interalia as
set out in Clause 3 (c) hereof. The same shall be deposited in a Saving Account in [.]
Bank, Juhu, Vile Parle (W) Branch or any other Bank as mutually agreed, in the
name of [.] & Other Occupants and which shall be operated jointly by the Lessor
and any one Apartment holder as may be nominated therefore by the majority
Apartment holders in the said new building "[.]" and failing such agreement
between the Apartment holders such A/c. shall be jointly operated by the Lessor &
any one Apartment holder that may be nominated by the Lessor. The Lessor shall
appropriate from the interest accrued thereon, all amounts due & payable by the
Lessees by way of rent, free from all deductions and also the proportionate rates,
municipal taxes, land revenue & other impositions, maintenance, water charges,
water pump & common lift & electricity charges, expenses of two shift watchmen,
liftmen, cleaners, sweepers, lift repair charges & all other charges by whatever name
called, including interalia, all increases from time to time. In the event of any deficit
therein and/or the same being inadequate on account of increase in payments to be
made by or on behalf of the Lessees, the Lessees agree & undertake to forthwith pay
such additional amount as may be required by the majority decision of the
Occupants of the said building. Provided however that if there is any delay in
making such additional amount, the Lessees shall be liable to pay interest thereon @
24% p.a. for the period of such delay/ default.
6.

The Lessor and the First Confirming Party have represented to the Second
Confirming Party and the Lessees that by demising/confirming the said premises
unto the Lessees in the manner herein contained, they are not committing any
breach of the terms and conditions and covenants of the said Lease by the [.] Society
in favour of the Lessor and if the Society proceeds against or takes any action
against the Lessees or his nominee/s and/or terminating the Lease and if the Lessees
is made liable to make payment of any compensation, the same shall be borne and
paid by the Lessor alone and the Lessor agrees and undertakes to and shall
indemnify and keep indemnified the Lessees from and against any loss, injury,
damage or prejudice that may be caused to the Lessees for violation to any of the
terms, conditions and covenants of the Lease including all actions, demands, suits
proceedings, losses, damages, costs, charges and expenses that may be caused to
incurred suffered or sustained by the Lessees or their nominee and the Second
Confirming Party is not responsible and/or liable therefore to any extent whatsoever
and howsoever arising.

7.

The Lessees and/or their nominee/s shall carry out any renovation and/or any
permissible changes/alternations/modifications in the said Apartment only with and
subject to necessary permissions and sanctions HOWEVER the Lessees agree and
undertake that the lifts installed in the said building shall not be used for the purpose
of carrying marble, granite, tiles, stone, cement, sand or any other construction
material or ply wood or any other wood, mirror, glass or any other material for
making of furniture or any equipment for carrying out such renovation work or
making any furniture. The workmen employed therefore shall also not use the said
lift at all. The Lessees further agrees and undertakes not to cause or permit to be
caused any damage to or destruction of or spoil the walls, landing and staircase
steps

and riser

of

the

said

building

and/or

any part

thereof

while

transporting/carrying the aforesaid material/ equipment.

8.

The Second Confirming Party hereby covenant with the Lessees that they have
completed construction of the said building known as "[.]" in accordance with the
approvals and sanctions obtained from the Municipal Corporation of Greater
Mumbai and other concerned authorities, and complied with all necessary rules,
regulations and Bye-laws and have obtained necessary "Occupation Certificate"
from Municipal Corporation of Greater Mumbai dated [.] and shall indemnify and
keep indemnified the Lessees from and against any damage losses or prejudice
caused to the Lessees hereunder including all actions, demands, suits, damages,
costs, charges and expenses that may be caused to, incurred, suffered or sustained by
the Lessees, by virtue of the same being or turning out to be untrue. The Second
Confirming Party shall not hereafter be responsible and/or liable for any defect
and/or deficiency in the demised premises and/or otherwise in the said Building "[.]"
and/or for any payment whatsoever to the B.M.C. and/or tax authorities and/or any
other authority whatsoever and howsoever arising and by whatever name called.

9.

It is expressly agreed by and between the Parties hereto that the Lessees/their
transferee/s/assignee/s shall be entitled to assign, let, sublet or underlet or give
on Leave and License basis or otherwise transfer, mortgage, charge, encumber
the demised premises as permissible without any further consent of the Lessor,
the First Confirming Party and the Second Confirming Party in that behalf,
and who are also not entitled to and shall not claim or charge any
compensation or charges therefore. PROVIDED however that the same shall
be in conformity with and subject to the terms, conditions and covenants
herein contained.

10. The Lessees agree and undertake that they shall not without the prior written
permission of M/s. [.] having their office at [.] the present RCC Consultants and

Structural Engineers of the said building or the then RCC Consultant and Structural
Engineers of the said building, carry out structural alterations of any nature
whatsoever in the said Apartment including interalia in respect of the beams,
columns, slabs thereof or of the other Apartments in the said building or in such a
manner so as to affect the structural stability of the said building.
11. It is expressly agreed by and between the parties hereto that in case the demised
Apartment is damaged or destroyed by any act of God or earth-quake, then the
Lessees shall be entitled to repair/reconstruct the said Apartment or the said building
with the other occupants and thereupon the Lessees shall be entitled to an Apartment
to be constructed on the said Plot of proportionate area of the said Apartment No.[.]
on the same terms and conditions as provided herein. However, the Lessees will
contribute the costs and all other charges and expenses for construction of the said
Apartment/building to be constructed.
12. During the subsistence hereof, if the Lessor sells, transfers, encumbrance or
disposes of his rights, title or interest in the said plot and/or the said building
and/or any part thereof or creates third party rights therein, the same shall be
expressly subject to the rights, title and interest of the Lessees hereunder.
13. In the event of acquisition of the said plot and/or any part thereof and/or the said
building and/or any part thereof by any Government or Statutory authority then
from and out of the compensation received by the Lessor, the Lessor shall pay
prorata amount to the Lessees.
14. In the event of any additional FSI and / or TDR/FSI being available/granted by
MCGM, or any other authority or the Lessor and/or the First Confirming Party
otherwise procuring Transferred Development Rights or other benefits under the law
or D.C. Rules at any time hereafter, then in such event the Lessor and the First
Confirming Party alone shall be entitled to use all such additional FSI / TDR / FSI
without payment of any compensation or other charges to the Lessees and the
Lessees shall not raise any objection in that behalf, provided that the utilisation
thereof causes only minimal nuisance/inconvenience/hardship/hindrance to the
Lessees and the Lessor and the First Confirming Party shall add suitable
reinforcement in the said building, if so required. The Lessees hereby agree and
confirm that this Clause shall at all times hereafter, operate as the irrevocable
consent and No Objection of the Lessees for the use of such additional FSI and
TDR/FSI on the said Plot and /or the said building at any time hereafter.

15. If at any time hereafter any income is received or other advantage/benefits is

derived or accrue or arise from, affixing/installation of sign-boards, neonlights/boards, cell sites, page station/sites, television, cable, MTNL or by/under any
other service providers/amenities on the [.] floor terrace of the said building [.] and /
or compound walls or otherwise on the said Plot, all such income/benefits/
advantages shall be exclusively belonging to the Lessor only who alone shall be
entitled thereto the exclusion of the Lessees and the Lessees is not and shall not be
entitled to the same and/or any part thereof.
16. The Lessor and the First Confirming Party jointly with the Lessees and all other
occupiers of the said building, shall keep the said building insured against loss or
damage by fire and/or otherwise and in the event of the same and/or any part thereof
being damaged and/or destroyed by fire or otherwise, to spend and utilise all the
moneys received in respect of such insurance claim, in restoring and reinstating the
building/portions so damaged and/or destroyed.
17. The Lessor and the First Confirming Party do and each of them doth hereby agree to
indemnify and keep indemnified the Lessees from and against all losses, damages,
litigations, claims, demands, costs, charges that may be made and/or raised on or
incurred, suffered or sustained as a result of any of the statements, representations,
assurances, confirmations herein contained and made and given by the Lessor and
the First Confirming Party being untrue or in any manner arising therefrom and the
Second Confirming Party is not responsible and liable therefore in any manner and
to any extent whatsoever and however arising.
18. If any breach/es is/are committed by the Lessees of any of the terms, conditions,
covenants or agreement herein contained and on the part of the Lessees to be
performed/complied with and which the Lessees may have without any lawful
justification, failed to remedy for a period of 15 (fifteen) days after written notice,
complaining of such breach has been served upon the Lessees, if the same relates to
payment, the Lessees shall be liable to and shall pay interest at the rate of 24% per
annum from the date of default till the date of actual payment and if the same relates
to any other breach then it shall be lawful for the Lessor at the Lessees cost, to
remedy such breach in such manner as the Lessor may deem fit and to recover such
cost from the Lessees together with interest thereon at the rate of 24% p.a. The
same shall however, be strictly without prejudice to the Lessors other rights and
remedies including right to claim damages, compensation from the Lessees
therefore but the Lessor shall not in any event and under any circumstances, be
entitled to terminate this Lease.

19. If any breach/es is/are committed by the Lessor and/or the First Confirming Party of
any of their respective terms, conditions, covenants or agreements herein contained
and on the part of the Lessor and/or the First Confirming Party to be respectively
performed/ complied with and which the Lessor and/or the First Confirming Party
may have without any lawful justification, failed to remedy for a period of 15
(fifteen) days after written notice complaining of such breach has been respectively
served upon the Lessor and/or the First Confirming Party, then the Lessees may, if
such breach relates to payment of any taxes, dues or duties, pay the same in the
name of and for and on behalf of the Lessor and/or the First Confirming Party and
recover the same from the Lessor with interest at the rate of 24% per annum and if
the breach concerns any other covenant which may be remedied by payment of
money, then the Lessees may spend such money and recover the same from the
Lessor and/or the First Confirming Party who have committed such breach with
interest thereon at 24% per annum and/or adjust any such sum paid, expended by
the Lessees from any payment to be made by the Lessees to the Lessor and/or the
First Confirming Party, as the case may be. The same shall, however, be strictly
without prejudice to the Lessees other rights and remedies including interalia right
to claim damages/ compensation from the Lessor and/or the First Confirming Party,
as the case may be, therefore.
20. The First Confirming party and the Second Confirming Party do and each of them
doth hereby covenant with the Lessees that they have not done, committed or
knowingly or willingly suffered or had been party or privy to any act, deed, matter
or thing whereby they are prevented from confirming the demised premises unto the
Lessees in the manner aforesaid or whereby the same or any part thereof is, can or
may be charged, encumbered or prejudicially affected in estate, title or otherwise
howsoever.
21. Any notice to the Lessees shall be sufficiently given if posted by Registered Post at
or left for them on the said Apartment and any notice to the Lessor shall be deemed
to be sufficiently given if posted to him by Registered Post at his last known address
in India.
22. In the event of any doubt, dispute and difference arising between the parties, arising
from, connected with, rooted in or touching this indenture, the same shall, if not
amicably resolved, be referred to arbitration in accordance with the provisions of the
Arbitration and Conciliation Act 1996, or any statutory modification or reenactment thereof.

23. The stamp duty, registration charges and all other costs, charges and expenses of and
pertaining to and incidental to these presents shall be borne and paid by the Lessees
alone and the Lessor and/or the Confirming Parties are not and shall not be
responsible and/ or liable therefore and shall not be called upon to contribute
anything in that behalf. The Lessor and the Confirming Parties however shall attend
the office of the Sub-Registrar of Assurances, when called upon by the Lessees for
admitting execution hereof.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands the day and year first hereinabove written
THE SCHEDULE ABOVE REFERRED TO: