The {{env('APP_NAME')}} Purchaser Information Sheet

Unit No	{{$statement->inventory->unit_number}}	Area	{{$statement->inventory->size->name}} Sq Ft
Floor	{{$statement->inventory->floor->name}}	Type	{{$statement->inventory->type->name}}

Purchaser (Name as per CNIC /Passport)

Father’s Name

CNIC No.

Nationality

Permanent Address

Mobile No

Telephone No. (Residence)

Email Address

{{$statement->customer->name}}

{{$statement->customer->father_name}}

@if($i == 5 || $i == 12) - @endif {{$c[$i]}}

Pakistani

{{$statement->customer->permanent_address}}

{{$statement->customer->phone_number}}

{{$statement->customer->mailing_address}}

Next of Kin Details

Name	{{$statement->customer->nominee_name}}	Husband’s Name	Ahmad Waqas Ajmal
CNIC No.	{{$statement->customer->nominee_cnic}}	Contact No	{{$statement->customer->nominee_mobile_number}}
Relationship	{{$statement->customer->nominee_relation}}

Purchaser’s Signature

__________________________

This AGREEMENT TO SELL is made at CIVIC AVENUE MALL as on {{date('d-m-Y' , strtotime($down_payment_date))}}

BETWEEN

AL BASIT group of COMPANIES having its registered office at Civic Avenue Mall, Civic Centre, Phase 4, Bahria Town Rawalpindi, here-in-after referred to as the “DEVELOPER” which expression shall include its successors in interests and assignees of ONE PART.

AND

1. Name

Father’s Name

Ahmad Waqas Ajmal

Muhammad Ajmal

Here-in-after individually (In the case of joint PURCHASERS collectively) referred to as the “PURCHASER” (which term shall include his or their respective heirs, executors, administrators, nominees, successors, permitted transferees and permitted assignees) of the OTHER PART.

WHEREAS

The DEVELOPERS are developing HIGH-RISE Commercial and Residential Tower (Civic Avenue Mall) situated at Civic Centre, Phase 4, Bahria Town Rawalpindi. Here-in-after together referred to as the “PROJECT”.

And whereas “THE PURCHASER” has examined the plan of the Project and is desirous of purchasing a UNIT having the following particulars;

UNIT No:	{{$statement->inventory->unit_number}}	Floor:	{{$statement->inventory->floor->name}}
Area:	{{$statement->inventory->size->name}} Sq. Ft.	DESIGNATED PURPOSE:	Commercial

List of features is set out in APPENDIX A, here-in-after referred to as the “UNIT” in consideration of Rs. {{number_format($statement->net_pay)}}/- Rupees (In words) .

Upon terms and Conditions here-in-after mentioned;

NOW IT IS AGREED AND WITNESSED

1. DEFINITION AND INTERPRETATION

In this agreement unless inconsistent with the context:

1.1. the following words will have the following meanings:

Architect Means a qualified architect designated by the DEVELOPER.

Common Hold Property Means part of the land and building which is intended for common use, enjoyment and utility of all UNIT Owners / Legal occupiers and does not form part of any UNIT but includes COMMON USE FACILITIES.

Component Authority Means the Government of the Islamic Republic of Pakistan, any ministry, department, local body or any regulatory authority; including but not limited to the Rawalpindi Development Authority, Rawalpindi.

Completion Notice Means the notice sent to the “PURCHASER” by the “DEVELOPER” specifying the COMPLETION DATE.

Declaration of Adherence Means an undertaking made by the PURCHASER to

(i) Abide by the rules framed or to be framed for the welfare of UNIT OWNERS in APPENDIX E

(ii) Contribute his share of Expense.

Developer Means AL BASIT GROUP OF COMPANIES a Company incorporated in Pakistan having its registered office at Civic Avenue Mall, Civic Centre, Phase 4, Bahria Town Rawalpindi, Pakistan and its successors in interest and assignees.

Designated Purpose Means Civic Avenue Mall Unit, and allied facilities.

Expenses Means the expenses incurred by the Manager in connection with the management, administration, maintenance service provision and control of the COMMON HOLD PROPERTY of CIVIC AVENUE MALL.

Force Majeure Means act of God including but not limited to fire, flood, earthquake, windstorm, extraordinary weather conditions or other natural disasters; act of any sovereign authority including but not limited to war (whether war be declared or not), invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power of confiscation, nationalization, requisition, destruction or damage to property by or under the order of any government or public or LOCAL AUTHORITY or other Competent Authority or imposition of government sanction embargo or similar action. Labor dispute including but not limited to strike, lockout, or boycott, interruption or failure of utility service including but not limited to electric power, gas, water, or telephone service; failure of the transportation of any personnel, equipment, machinery or material required by the DEVELOPER for completion of the project. Breach of contract by any essential contractor or subcontractor or any other matter or cause beyond the control of DEVELOPER that prevents the DEVELOPER from completing or performing its obligation under the agreement. DEVELOPER shall be excused from performance under the agreement for so long as such an event of FORCE MAJEURE exists and its effects continue.

Features List Means list of features to be included in the UNIT as set out in APPENDIX A.

Civic Avenue Mall Means high-rise residential & commercial Building along with allied facilities situated at Civic Centre, Phase 4, Bahria Town Rawalpindi.

Installment/Payments Means any payment to be made by the PURCHASER to the DEVELOPER towards the total purchase price in accordance with the appendix of installment payments set out in APPENDIX B.

Local Authority Means the LOCAL AUTHORITY having jurisdiction over Civic Avenue Mall situated at Civic Centre, Phase 4, Bahria Town Rawalpindi.

Managing Company Means the entity or entities qualified in the maintenance of high-rise buildings of international standard charged with the maintenance, operation or management of the COMMON HOLD PROPERTY or any of them which for the avoidance of doubt may include DEVELOPER or any of their affiliated companies.

Management Agreement Means such agreement or agreements as may be entered into with management Company in relation to the maintenance, operation or management of COMMON HOLD PROPERTY and or COMMON USE FACILITIES or any of them set out in APPENDIX F along with all future amendments will form part of this agreement.

Master Community Declaration Means the declaration of the Master Community.

Nominee Means such person being a legal heir as has been nominated by the PURCHASER as the person who will coordinate the transfer of rights and obligations of the PURCHASER to the legal heirs in the event of the death of the PURCHASER.

Owner Means a PURCHASER to whom the title has been transferred by the DEVELOPER.

Parking Area Means in case of Civic Avenue Mall, a Bay / Area regarding which license is granted by the DEVELOPER to the OWNER of UNITS for parking of vehicles in their use and of their visitors.

Parking Bay A bay regarding which a license is granted by the DEVELOPER to the OWNER of the UNIT for parking vehicles in his use.

Plan Means the Plan of the Project.

Civic Avenue Mall Means RESIDENTIAL & COMMERCIAL Building along with COMMON USE FACILITIES and COMMON HOLD PROPERTY and allied facilities situated at Civic Centre, Phase 4, Bahria Town, Rawalpindi.

Project Means Civic Avenue Mall.

Provisional Service Charge Means in respect of each Financial Year, the sum fixed by the MANAGER as being a reasonable estimate of a PURCHASER / OWNER’S Service Charges for the relevant Financial Year.

Representative Means the representative of the DEVELOPER appointed by the DEVELOPER from time to time.

Rules Means the rules framed by the DEVELOPER to protect interest of every OWNER to ensure maintenance of COMMON USE FACILITIES and COMMON HOLD PROPERTY set out in APPENDIX E (future amendments to form part of these RULES).

Service Charges Means the amount to be paid by the PURCHASER annually/monthly as his proportionate contribution towards the management, administration, maintenance and control of the COMMON USE FACILITIES and COMMON HOLD PROPERTY which amount shall be determined and prescribed from time to time by the DEVELOPER and or MANAGEMENT COMPANY.

Specification Means the plans and finishes attached as APPENDIX A.

1.2 The APPENDIX and annexure hereto form part of this agreement.

1.3 References to a clause, APPENDIX or paragraph are references to a clause, APPENDIX or paragraph of an APPENDIX in this agreement..

1.4 The clause and paragraph headings in this agreement are for ease of reference only and are not to be taken into account in the construction or interpretation of the clause or paragraph to which they refer.

1.5   Words importing:
        (a) The singular includes the plural meaning and vice versa.
        (b) The masculine gender includes the feminine and neutral gender.

1.6 Words denoting persons include natural persons, legal person, corporations, companies, firms, societies etc.

1.7 An obligation on a party to do any act, matter or thing includes an obligation to procure that which is to be done and words placing a party under a restriction include not to permit or allow infringement of the restriction.

1.8 1.8 The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”.

2. SALE OF UNIT

Al Basit Group of Companies hereby agrees to sell to the PURCHASER and the PURCHASER herby agrees to purchase UNIT (subject to the term set-out in this agreement) in consideration of Pak Rs.{{number_format($statement->net_pay)}}/- Rupees (In words)
(i) The PURCHASER paid to the DEVELOPER being the booking fee equivalent to Rs. 1,000,000/-(Al Basit Group of Companies possess the right to change the booking fee without any notification)
(ii) In case of three years’ payment plan, PURCHASER shall pay the remaining installment/s amount along with the completion amount.

2.1 For convenience, dates and amounts are set out in APPENDIX

2.2 SERVICE CHARGES are payable by the PURCHASER after the possession of the UNIT is offered to the PURCHASER.

3. POSSESSION AND RISK

3.1 provided the PURCHASER is not in default under this agreement, the PURCHASER will be given vacant possession of the UNIT on the COMPLETION DATE, at which date all risks, responsibilities and obligations associated with the UNIT shall pass to the PURCHASER, irrespective of whether the PURCHASER takes possession of the UNIT or not.

3.2 All Levies, Charges, Taxes etc. in the context of the provision of the utilities i.e. Electricity & Gas etc. (including Connection, Contribution, Meter Charges & any other expenses as per the company as well as the Government rules and regulation at the time) will be paid by the PURCHASER to the DEVELOPER, as and when demanded by the developer.

4. ADJUSTMENTS

4.1 The PURCHASER will be responsible for all the taxes, rates, assessments, utilities and other charges with respect to the UNIT from the COMPLETION DATE. All adjustments in respect of the same will be made as of the COMPLETION DATE and the balance installment of the Total Price due on the COMPLETION DATE will be adjusted accordingly.

5. TRANSFER OF TITLE TO THE PURCHASER

5.1 If the PURCHASER is not in default under this Agreement on the COMPLETION DATE and has made full payment of the Total Price referred to Clause 2, DEVELOPER will transfer title of the UNIT to the PURCHASER with effect from the COMPLETION DATE, subject only to instruments, easements, rights of way, covenants or agreements with or in favor of a Competent Authority or utility company or as provided for or referred to in this Agreement. The PURCHASER will sign all documents as may be reasonably required by the DEVELOPER and pay all expenses regarding registration, transfer or related fees, costs, duties and charges as may be required to affect the transfer and issue of ownership title.

6. COVENANTS AND WARRANTIES BY THE DEVELOPER

6.1 The DEVELOPER covenants to carry out construction of the project in compliance with all building codes, rules, regulations and laws in force in Rawalpindi, Pakistan and that all materials and equipment will be in conformity with the standard specifications; and that all contractors engaged for construction will have adequate experience to handle such work.

6.2 DEVELOPER will secure standard warranties from the manufacturers of all appliances installed in the UNIT and hereby assigns the benefit of the same to the OWNER.

6.3 The DEVELOPER shall remain strictly liable for a period of one (01) years from the COMPLETION DATE to repair and rectify any structural defects in the PROJECT, except where such defects arise from an event of FORCE MAJEURE or are caused or contributed to by the OWNER and or PURCHASER.

6.4 Except for the normal wear and tear, breakage or accidental damage after taking over possession of the UNIT by the PURCHASER/OWNER, or caused or contributed by any act or omission of the PURCHASER/OWNER, occupant or visitor of the UNIT, the DEVELOPER shall remain liable for a period of one (1) year from the COMPLETION DATE to repair or replace any defective material, fittings, fixtures which shall include civil, mechanical, plumbing and electrical works. PROVIDED ALWAYS THAT where maintenance and or replacement of all appliances in the UNIT are covered by the warranties of respective manufacturers, distributors, DEVELOPER shall have no liability.

6.5 DEVELOPER to deliver the UNIT to the OWNER in a clean finished condition ready for occupancy.

6.6 The DEVELOPER to construct the infrastructure surrounding the PROJECT including roads, lighting, walkways and landscaping substantively in accordance with DEVELOPER’S overall development plan for infrastructure.

6.7 The DEVELOPER shall give the PURCHASER the COMPLETION NOTICE no later than thirty (30) days prior to completion of UNIT.

6.8 The Parties confirm that the TOWER PROJECT, COMMON USE FACILITIES and COMMON HOLD PROPERTY will be managed by the DEVELOPER / MANAGING COMPANY in accordance with the terms and conditions of MANAGING AGREEMENT.

6.9 Upon giving of possession of the UNIT, the DEVELOPER will grant an exclusive license to the OWNER by way of a letter to use the specified parking bays(s) at such location as specified by the DEVELOPERS.

6.10 If due to event beyond the control of the DEVELOPER, it becomes unable for him to provide the UNIT mentioned in the agreement, the DEVELOPER will give an option to the PURCHASER of selection out of the available UNITS. In case of non-selection of the option on reasonable grounds, PURCHASER will be entitled to their refund of the amount paid without any penalty or damages.

7. COVENANT AND WARRANTIES OF THE PURCHASER/OWNER

7.1 The PURCHASE/OWNER acknowledges that under this Agreement the MANAGEMENT AGREEMENT each UNIT in the PROJECT will be assessed a SERVICE CHARGE to pay for the operation, maintenance and other costs associated with the owning and maintaining a UNIT and the COMMON USE FACILITIES, and COMMON HOLD PROPERTY and associated facilities. The aforesaid SERVICE CHARGES are payable annually in advance as of the COMPLETION DATE. The PURCHASER/OWNER also acknowledges that in addition to the above, there may also be special levies for unseen expenses.

7.2 The PURCHASER/OWNER undertake to pay to the DEVELOPER and / or the MANAGEMENT COMPANY yearly service charges in advance in a timely manner for the MANAGEMENT SERVICE to be provided pursuant to MANAGEMENT AGREEMENT. All other regulations imposed by the MANAGING COMPANY, DEVELOPER or the COMPETENT AUTHORITY in future will form a part of this Agreement.

7.3 PURCHASER/OWNER agrees and undertakes to be bound by the MANAGEMENT AGREEMENT set in APPENDIX F. DEVELOPER/MANAGING COMPANY is empowered to take whatever action it deems necessary to enforce payment of SERVICE CHARGES or levies, in default, including but not limited to, charging of interest on unpaid amounts and to take legal proceedings against the PURCHASER to collect any unpaid charges and levies. The PURCHASER/OWNER agrees to the powers of the DEVELOPER/ MANAGING COMPANY to delegate such power to any of their representatives.

7.4 On or before the COMPLETION DATE, the PURCHASER will provide the DEVELOPER with a copy of the DECLARATION OF ADHERENCE signed by the PURCHASER in the form contained in APPENDIX D and deliver them to the DEVELOPER and /or MANAGEMENT COMPANY.

7.5   The DEVELOPER will not be obliged to provide vacant possession of the UNIT to the PURCHASER/OWNER until:
         a) The DEED OF ADHERENCE referred to in this clause has been executed and provide to the DEVELOPER
      b) SERVICE CHARGES for the current year payable in advance by the PURCHASER to the DEVELOPER and /or MANAGING COMPANY are cleared.

7.6 The PURCHASER/OWNER must use the UNIT for designated purpose only.

7.7 The PURCHASER/OWNER shall:

a) Permit the MANAGEMENT COMPANY and its employees or agents to enter the UNIT at all reasonable times to carry out its duties under the MANAGEMENT Agreement.

b) Not do anything in the UNIT and /or the Tower project which may be or grow to be a nuisance, annoyance, disturbance, inconvenience or cause damage to the Tower project or to the other people occupying the UNIT or using the project.

c) Not use the premises for any unlawful/illegal or immoral act or purpose banned by the DEVELOPERs.

d) Comply in all respect with rules framed regarding the use of UNIT. COMMON USE FACILITIES and COMMON HOLD PROPERTY set in APPENDIX E along with future amendments to form part of these rules.

e) Comply in all respects with the provisions of all laws, decrees, regulations and the rules for time being in force and the requirement of any local authority in relation to the UNIT or anything done in the UNIT.

7.8 The PURCHASER agrees not to modify, add or delete any part of the exterior/interior of the UNIT or construct any additional improvement in the UNIT without the prior written approval or consent of the DEVELOPER.

7.9 The purchaser agrees to pay for additional 50 to 75 square feet as circulation area in commercial units at the price determined by the developer..

8. UNIT INSPECTION

8.1 The PURCHASER if so desires, can inspect the UNIT with a representative of the DEVELOPER at a reasonable time prior to the COMPLETION DATE and:

a) Agree and sign a conclusive list of any defects and deficiencies.

b) Agree the date by which the deficiencies are to be rectified.

8.2 The DEVELOPER will promptly rectify the deficiencies by the agreed date provide always that the PURCHASER will not be entitled to hold back any portion of the consideration price and other dues. In the event of any dispute in relation to this clause a decision by the ARCHITECT shall be final and binding on the parties.

8.3 The PURCHASER acknowledges that except for this said one inspection, the PURCHASER shall not be allowed access to the UNIT prior to the COMPLETION DATE, without written authorization of the DEVELOPER.

8.4 In case the PURCHASER is not able to attend inspection himself, he may appoint a third party in writing to inspect the UNIT on his/her behalf. In such a case, the inspection shall be final and binding and the purchase shall not be entitled to request the remedy of any deficiencies and or defects which were not listed by the PURCHASER’S representative in the deficiencies at the time of inspection.

8.5 On being possession of the UNIT, the PURCHASER will be deemed to have accepted the physical condition of the UNIT in all respects.

9. SALE

9.1 The PURCHASER/OWNER acknowledge that any sale, transfer or other disposition (other than by way of mortgage) of the UNIT must have the consent of the DEVELOPER, which shall not be unreasonably withheld or delayed. The DEVELOPER will not entertain any application for consent to sell, transfer or dispose of the UNIT if any amounts due under this Agreement or if any payments due to the DEVELOPER/MANAGING COMPANY are in arrears. Sales, transfers or other dispositions priors to the COMPLETION DATE will also be subject to the PURCHASER/OWNER paying the DEVELOPER a transfer fee in an amount to be determined by the DEVELOPER from time to time.

9.2 Any transfer prior to the full payment of the total price shall be subject to transfer charges at the rates specified in APPENDIX of transfer fee, APPENDIX C. The PURCHASER/OWNER will also be liable to Pay such other fees, duties, costs, charges and expenses imposed by any COMPETENT AUTHORITY on the sale, transfer or disposition of the UNIT.

9.3 No sale, transfer or other disposition of the UNIT (other than by way of mortgage) will be of any legal effect until all amounts mentioned in clause 9.2 have been paid and the party intending to acquire the UNIT undertakes to execute the AGREEMENT FOR SALE and all other documents required by the DEVELOPER / MANAGING COMPANY.

10. MODIFICATION

10.1 The PURCHASER/OWNER acknowledges and agrees that the DEVELOPER may from time to time, at its discretion or as required by any COMPETENT AUTHORITY, change or modify the plans, colors, materials, finishes, equipment, fixtures and specifications pertaining to the project and the UNIT(including architectural, structural, landscaping, grading, mechanical and/or other plans) from the colors, materials, finishes, equipment, fixtures and specifications existing at the time PURCHASER/OWNER entered into this Agreement or as same may be illustrated in any sales brochures, models or otherwise, all without notice to or consent from the PURCHASER/OWNER, provided that the substituted items are of equal or better quality. The PURCHASER/OWNER hereby consents to any such changes, modifications and/or substitutions and agrees to complete this transaction not withstanding modifications in accordance with the foregoing.

10.2 The PURCHASER acknowledges that the STATED COVERED AREA of the UNIT is approximate and the actual AREA of the UNIT may vary from the STATED COVERED AREA. In case the actual AREA of the UNIT may vary from STATED COVERED AREA by more than 5 percent, the price will be increased or decreased proportionally. No adjustment will be made to the total price in case actual AREA differs from the STATED COVERED AREA by less than 5 percent.

10.3 All other rules and regulations imposed (for the welfare of the project and joint benefit of all the UNIT holders) by the DEVELOPER, MANAGING COMPANY or by a COMPETENT AUTHORITY, present and in future will be binding upon the parties.

10.4 No modifications amendments or waiver of any of the provisions of this Agreement will have effect unless made in writing and expressly states that its intention is to modify amend or waive the provisions of this Agreement.

10.5 Given the size of the project, some of the factor like labor related issues, availability of the material and due to certain other unforeseeable factors, the DEVELOPER may at his discretion modified the completion date by a maximum Six Months.

. DEFAULT / SURRENDER BY THE PURCHASER

11.1 The DEVELOPER will provide 10 grace day period to the PURCHASER to make his/her installment or part of it paid however, the PURCHASER shall pay penalty/liquidated damages at the rate of 0.5% per day any installments or part of it and other monies payable under this Agreement which remains unpaid after they have become due, from the date it becomes due until it is paid. Provided always that where the PURCHASER fails to pay 2 consecutive installments or made 02 defaults, this Agreement shall be deemed terminated and the DEVELOPER will be entitled to deal with the UNIT as its deems fit. PURCHASER shall also be liable a penalty equivalent to 20 % percent of the agreed in addition to liquidated damages subject to maximum of 30% of total price (agreed amount).

11.2 In Case of Default by the PURCAHSER and subsequent cancellation by the DEVELOPER, the UNIT can only be restored through a written application by the PURCHASER. The Application for restoration must be accompanied with the following:

a) Restoration Charges 5 % of the Price of the UNIT

b) Penalty Amount @ 0.7% as worked out by Al Basit Group of Companies, Accounts Office

Acceptance or other wise of such application will be the sole discretion of the management of the Civic Avenue Mall. However, in case of acceptance of application it is to be noted that the restoration will be done out of the available UNIT at that time.

11.3 In the event payment made by the PURCHASER up to the date of termination are sufficient to cover the agreed amount the DEVELOPER shall be entitled to forfeit the same and adjust them towards the settlement of the agreed amount. The refund of balance (if any) will be made after completion of the project. In the event of any shortfall in the amount lying to the credit of the PURCHASER, the PURCHASER shall forthwith pay the balance of the agreed amount to the DEVELOPER.

11.4 If the PURCHASER is not in default but wishes to surrender his/her rights in the UNIT, the PURCHASER may terminate this Agreement on written notice of 90 days. In the event of such termination all installment payment made by the PURCHASER toward the TOTAL PRICE shall be refunded to the PURCHASER after completion of the PROJECT subject to a deduction of an amount equal to 20% of the total price which amount will be absolutely forfeited to the DEVELOPER as liquidated damages.

11.5 In case of any previous payment default no partial payment will be acceptable, current and previous dues along with applicable fines to be paid cumulatively.

11.6 Any payment made other than Al Basit Group of Companies Shall not be acceptable.

12. FORCE MAJEURE

12.1 Should an event of FORCE MAJEURE occur in the opinion of the DEVELOPER, it will be within his right to extend the COMPLETION DATE and give the PURCHASER revised COMPLETION DATE or an estimated duration for the delay, followed by a revised COMPLETION DATE. PURCHASER payments under this Agreement shall stand suspended until the event of FORCE MAJEURE has been remedied after which the payment obligation shall stand valid. Revised COMPLETION DATE along with the desired information will be displayed on INFORMATION NOTICE BOARD affixed at a prominent place at the office of the DEVELOPERS.

12.2 Should an event of FORCE MAJEURE occur in the opinion of the DEVELOPER, it will be within his right to extend the COMPLETION DATE and give the PURCHASER revised COMPLETION DATE or an estimated duration for the delay, followed by a revised COMPLETION DATE. PURCHASER payments under this Agreement shall stand suspended until the event of FORCE MAJEURE has been remedied after which the payment obligation shall stand valid. Revised COMPLETION DATE along with the desired information will be displayed on INFORMATION NOTICE BOARD affixed at a prominent place at the office of the DEVELOPERS.

12.3 The parties to abide by the law of Pakistan and all directions and guidelines of any COMPETENT AUTHORITY from time to time. The parties also agree to hold each other harmless if any change in such laws, directions or guidelines has a bearing on any provision of this Agreement.

13. SURVIVAL OF THE AGREEMENT

13.1 The PURCHASER acknowledges and agree that this Agreement will survive the COMPLETION DATE and the transfer of title of the UNIT to the PURCHASER will remain binding upon the parties until the PURCHASER has effectively sold or transferred the Purchaser’s interest in the UNIT to a third party and that third party has entered into an Agreement with the DEVELOPER / MANAGINGCOMPANY to comply with Purchaser’s obligations herein.

14. ENTIRE AGREEMENT

14.1 This Agreement constitutes the entire Agreements between the parties and no other representations, warranties, conditions or collateral Agreements, express or implied, written or oral, whether made by the DEVELOPER, any agent, employees or representative of the DEVELOPER or any other person including, without limitation, arising out of any marketing material including sales brochures, models, representative view sets, showroom displays, photographs, videos, illustrations or made available for his viewing form part of the Agreement between the parties.

14.2 The PURCHASER acknowledges that the MANAGEMENT AGREEMENT will be entered into by the PURCHASER and the MANAGEMENT COMPANY. The PURCHASER further acknowledges that it has read and understood the terms and conditions of the MANAGEMENT AGREEMENT and is in Agreement with the contents thereof.

15. INTERPRETATION AND DISPUTE RESOLUTION

15.1 Agreement will be governed by and construed in accordance with the laws of Pakistan and the courts in Pakistan will have exclusive jurisdiction. Any dispute arising out of or in connection with this Agreement shall be settled amicably as between PURCHASER and the DEVELOPER, failing which it shall be referred to arbitration by two arbitrators one to be appointed by each party and in the event of disagreement between the arbitrators by an umpire to be nominated by the arbitrators.

16. NOTICES

16.1 Without prejudice to the right to serve notice by any other means, any notice required to be served under this Agreement shall be in writing in the English language and shall be deemed sufficiently served 10 days after it has mailed by courier or registered post to the address of the Party to be served that is set out in this Agreement or to such other address of which a notice has been previously given by the party.

17. JOINT LIABILITY

17.1 If a PURCHASER constitutes more than one person, all obligations here under will be joint and several.

18. AGREEMENT

17.1 This Agreement may be executed, accepted and delivered in counterparts and by telecopy, which counterparts and telecopy documents shall together constitute one and the same Agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR RESPECTIVE HANDS ON THE DATE AND PLACE HERE IN ABOVE MENTIONED.

SIGNATURE (Purchaser’s)

Date _____________________________

APPENDIX A

LIST OF FEATURES

Residential

Living Room:
Floor and Skirting:	Quality Tiles
Walls:	Plaster and Color
Ceiling:	Plaster and Color

Common Area	Kitchen
Passenger Lifts	Flooring:	Quality Tiles
Fire Fighting System	Walls:	Plaster and Color
Garbage Chutes	Ceiling:	Plaster and Color
Electric Generator	Fixture	Sink with all necessary fittings

Bed Room
Flooring:	Quality Tiles
Doors	Standard
Walls:	Plaster and Color
Ceiling:	Plaster and Color

Further;

Gym

Intercom

CCTV

Emergency Exits

Bathroom
Flooring:	Quality Tiles
Walls:	Quality Tiles
Ceiling:	Plaster and Color
Fixture	Quality Sanitary ware
GICI Fittings	Best Quality
Wardrobes	Wooden

Parking

Covered Parking

SIGNATURE (Purchaser’s)

APPENDIX B

Payment Plan

FOR UNIT HOLDER OF Civic Avenue Mall

Purchased Area / Total Area	{{$statement->inventory->size->name}} Sq Ft (Gross Area)
Unit No	{{$statement->inventory->unit_number}}

Floor No	{{$statement->inventory->floor->name}}

Payment Plan is attached below.

SIGNATURE (Purchaser) Date ________________

APPENDIX C

APPENDIX OF TRANSFER FEE

FOR UNIT HOLDER OF Civic Avenue Mall

UNIT	TRANSFER FEE
{{$property->inventory->type->name}}	Rs. 25,000 Per SFT/-

Commercial Unit	Rs. 100,000 Per SFT

Note:

Al Basit Group of Companies reserves the right to change the transfer fee anytime without any Prior notification.

SIGNATURE (Purchaser’s)

Date _____________________

APPENDIX D

DECLARATION OF ADHERENCE

This Declaration is made on this {{date("d-m-Y")}} By Ahmad Waqas Ajmal

WHEREAS

I /We propose to Purchase UNIT No. {{$statement->inventory->unit_number}} in Civic Avenue Mall.
DEVELOPERS in order to protect the interest of all the OWNERS / UNIT HOLDERS and to promote harmony in physical and social environment have framed RULES for UNIT holders/occupiers mentioned in APPENDIX E.

DEVELOPERS to ensure maintenance of Common Hold Property at Civic Avenue Mall strictly in accordance with international standards have prepared a MANAGEMENT AGREEMENT mentioned in APPENDIX F.

NOW I/WE AGREE AS FOLLOWS;

I/We have read and understood the RULES mentioned in APPENDIX E and undertake to comply with and to perform all the obligations.
I/We have read and understood the MANAGEMENT AGREEMENT mentioned in APPENDIX F. I/We have fully appreciated the importance of professional and proper management of the Common Hold Property and undertake to comply and subscribe to it.
3. Expressions used in the MANAGEMENT AGREEMENT, RULES and DECLARATION OF ADHERENCE have the same meanings as defined in the AGREEMENT TO SELL.

PURCHASER’S SIGNATURE ________________________

CO-PURCHASER (if any) SIGNATURE ________________________

Date ________________________

APPENDIX E

RULES REGARDING USE OF UNIT AND COMMON HOLD PROPERTY

In order to protect the interests of all OWNERS and to ensure the maintenance and promotion of harmony in the physical and social environment of CIVIC AVENUE MALL every OWNER shall comply with the following Rules;

The expression defined in the Agreement to Sell (unless the context otherwise requires) have the meaning when used in these RULES.
Each OWNER shall maintain his UNIT in proper state of repair and keep it in a neat and tidy condition and shall not allow the UNIT to become infected with insects or in any way become a health hazard.
An OWNER shall use and enjoy his UNIT and the COMMON HOLD property in such a manner as not unreasonably to interfere with the peaceful use and enjoyment of other OWNERS and occupiers. An OWNER shall not create a nuisance, disturbance or become noise some and injurious.

No OWNER shall use a UNIT for any purpose other than for which it is sold (DESIGNATED PURPOSE) and shall comply in all respects with the provisions of all laws, decrees and regulations now or from time to time in force in relation to the UNIT or anything done in the UNIT.
An OWNER shall be obliged to notify the DEVELOPER / MANAGING COMPANY in writing within fourteen (14) days from the start of a lease of his UNIT of the full names of his tenants and of the period of the lease. The OWNER shall also be obliged to notify the DEVELOPER / MANAGING COMPANY within fourteen (14) days of the expiry of the lease.
An ONWER shall not contravene any law, bye-law or statutory regulations or the conditions of any license affecting CIVIC AVENUE MALL or the UNIT.
Alteration, additions or decorations to the exterior doors and windows (including color changes) of the UNIT may not be made without the prior written consent of the DEVELOPER / MANAGING COMPANY and then only upon the terms and conditions contained in such consent. Notwithstanding any approval granted by the DEVELOPER/MANAGING COMPANY, no alteration, addition or decoration to the exterior of a UNIT may be undertaken unit any approval required from the Local Authority has been obtained. It is the duty and responsibility of the OWNER or occupier of a UNIT to obtain necessary permits or approvals.
If an OWNER fails to comply with the provisions of rules and such failure persists for a period of thirty (30) days after written notice to repair or maintain was given by the DEVELOPER/MANAGING COMPANY, the MANAGING COMPANY /DEVELOPER shall be entitled to remedy the failure in question in such manner as it deems fit and to recover the cost of doing so from such an OWNER.
No OWNER shall make structural, mechanical, or electrical alterations to a UNIT without the prior written consent of the MANAGING COMPANY / DEVELOPER and then only upon the terms and conditions contained in such consent. Any interior alterations should be carried out at reasonable hours shall not cause any undue disturbance to neighboring OWNERS or occupiers.
Interior repairs and maintenance of a UNIT of whatever nature are the responsibility of the OWNER or occupier of that UNIT and neither the DEVELOPER nor the MANAGING COMPANY is liable or may be requested to attend to such matters. The OWNER is obliged within (3) days to replace any windowpane which has cracked or broken for whatever cause in his UNIT.
An OWNER shall not place any awnings, blinds, plants or flower on any part of the common hold property including balconies, which, in the opinion of the DEVELOPER/ MANAGING COMPANY is

aesthetically displeasing or undesirable when viewed from outside of the building. An OWNER may also not use the common hold property for personal use such as dusting carpets and or cleaning furniture / household items.

No television aerials, satellite dishes or exhausts of any kind may be attached to the exterior of the building without the prior written consent of the DEVELOPER /MANAGING COMPANY, and then only upon the terms and conditions contained in such consent.
An OWNER shall not place or hang any washing or laundry or other items on any part of the building or the Common Hold Property where it is visible from outside the building.
No sign, notice, billboard, advertisement or publicity material of any kind whatsoever may be placed on any part of CIVIC AVENUE MALL as to be visible from outside the building without the written consent of the MANAGING COMPANY and then only upon the terms and conditions contained in such consent. An OWNER may not hold (or permit to be held) an auction sale in his UNIT.
An OWNER shall not store any material, or permit or allow any other dangerous act in his UNIT or on the common hold property which will or may increase the rate premium payable to any insurance policy.
Neither the DEVELOPER nor the MANAGING COMPANY shall be liable for any injury or loss or damage of any description which any OWNER or occupier may sustain, physically or to his or their property directly or indirectly, in or about the common hold property or in the UNITS by reason of any defect in the common hold property, its amenities or in the UNITS or for any act done or for any neglect or the part of the DEVELOPER / MANAGING COMPANY, their employees, servants, agents or contractors.

An OWNER shall comply with all notices, instructions, security procedures and directives implemented and issued from time to time by the DEVELOPER / MANAGING COMPANY in respect of the use and occupation of Civic Avenue Mall.
An OWNER shall not allow any pets of any kind in his UNIT. An OWNER shall ensure that no erection of structures to house animals or birds or the construction of other unauthorized structures is effected in his UNIT.
OWNER shall ensure that their visitors/guests observe:

That any road sign on the common hold property and not drive their vehicles in any manner which creates a nuisance or is considered by the DEVELOPER / MANAGING COMPANY not to be in the interest of safety.
That vehicle may be parked only on such areas of the common hold property as are specifically designated by the MANAGING COMPANY / DEVELOPER for that purpose and in such a way that the flow of traffic and access to and egress form garages or parking bays is not obstructed. One vehicle may not occupy two parking bays.
That no trucks, trailers or other heavy vehicle may be parked on the common hold property without the prior written consent of the MANAGING COMPANY/DEVELOPER.

That the DEVELOPER/MANAGING COMPANY may cause to be removed /towed away (at the risk of and expense of the OWNER of the vehicle) any vehicle parked, standing or abandoned in the common hold property.
That the parking of vehicles upon the common hold property is subject to the express condition that every vehicle is parked at the OWNER’S risk and responsibility and that no liability shall attach to the DEVELOPER/MANAGING COMPANY or any of their employees for any loss or damage of whatever nature which the OWNER, or any person claiming through or under him, may suffer in consequence of his vehicle having been parked on the common hold property.

The swimming pool and gym areas are primarily for use by OWNERS permanently residing at CIVIC AVENUE MALL but may be used by their visitors or guests provided that they are accompanied by a resident OWNER. Resident OWNERS are responsible for the behavior of their visitors or guests and shall

ensure that their number at any one time does not exceed ONE or such other number as the MANAGING COMPANY /DEVELOPER may at their sole discretion allow.
The DEVELOPER / MANAGING COMPANY or their employees shall not be liable to any extent whatsoever for the safety of anyone in the pool or gym area. Non swimmers and children must be accompanied by a person who is able to accept responsibility for them. No children are allowed in the gym at any time.
An OWNER / PURCHASER or occupier may not permit refuse or rubbish for disposal for which he is responsible, to remain in any part of the common hold property but is required to ensure that debris, refuse and rubbish is contained in a proper receptacle and is conveniently and readily available for removal.
An OWNER shall immediately make good any damage caused to CIVIC AVENUE MALL by himself, his family, tenants, invitees or guests or any other persons over whom he has control.
No OWNER shall exceed the loading capacity of the floor of his UNIT or bring any heavy article into CIVIC AVENUE MALL which will be so compact as to exceed the loading capacity of Civic Avenue Mall.
The above rules equally binding upon any and all occupiers/tenants. OWNERS shall ensure that their tenants/occupiers are aware of and shall ensure due compliance be them.

Purchaser’s Signature__________________________

APPENDIX F

MANAGEMENT AGREEMENT

This Agreement is made at CIVIC AVENUE MALL MALL on this {{date('d-m-Y')}}

BETWEEN

AL BASIT GROUP OF COMPANIES here-in-after called DEVELOPER

AND

Name of the Management Company ___________________________________________________________________

Address ________________________________________________________________________________________________

________________________________________________________________________________________________________

CIVIC AVENUE MALL here-in-after referred to as the “MANAGER” which expression shall include its successors-in-interest.

WHEREAS the “DEVELOPER” has agreed to appoint the “MANAGER” to maintain common hold property at CIVIC AVENUE MALL and the MANAGER has agreed to do so upon the terms and conditions mentioned here-in-under.

NOW THEREFORE, the parties agree as follows:

The expressions defined in the Agreement to sell shall (unless the context otherwise requires) have the same meaning when used in this Agreement.
The DEVELOPER appoints the MANAGER to be its sole and exclusive MANAGER to provide professional management, maintenance and administration services to the common hold property at CIVIC AVENUE MALL and to act as its agent.
The DEVELOPER shall appoint the MANAGER for an initial period of one year where-after upon satisfactory performance, the DEVELOPER can reappoint the MANAGER for a further period of three (3) years which can be extend by mutual consent between the DEVELOPER and the MANAGER only.

) years which can be extend by mutual consent between the DEVELOPER and the MANAGER only. Provided always that during the pendency of the agreement, the DEVELOPER at its sole discretion can terminate this agreement, by giving one-month prior written notice.

The MANAGER will be entitled to a MANAGEMNT FEE agreed mutually between the DEVELOPER and the MANAGER.
Subject to the respective OWNERS payment of Service Charges due from time to time, the MANAGER agrees to carry out the functions mentioned in Clause (2) herein above and for the avoidance of any doubt, undertakes and agrees that it will for and on behalf of CIVIC AVENUE MALL.

Establish a fund for the common expenses of CIVIC AVENUE MALL sufficient in the opinion of the MANAGER for the repair, upkeep, control, management and administration of the common hold property, including provision for future maintenance and repairs, for the payment of rates and taxes and other local authority charges for the supply of electricity, water, fuel and sanitary and other services to the TOWER/BUILDING and any premiums of insurance and for the discharge of any duty or fulfillment of any other obligation.
Determine the amounts to be raised and to collect service charges and special levies for the above purposes from the PURCHASER/ OWNER.
Open and operate bank account(s) with a scheduled bank.
Insure the common hold property and keep it insured to the replacement value thereof against fire and such other risks as the MANAGER may deemed fit and to pay the premiums of any insurance policy.
Properly and diligently manage maintain and administer the common hold property and keep it in a state of good and serviceable repair in the best interests of Civic Avenue Mall and its constituent parts. In particular, but without prejudice to the generality of the foregoing, the MANAGER sh
Repair, re-decorate, maintain and where necessary renew and improve, clean, landscape, garden and light the common hold property
Pay for all water, electricity, telephone, gas, refuse collection and insurance charges for the common hold property or any part thereof and all other charges in connection with any other services provided to or incurred in connection with the common hold property or any part thereof.
Pay for any rates, charges, duties, taxes, assessments or outgoings of whatsoever nature imposed upon the common hold property or any part thereof.
Employ guards, establish, maintain and repair security systems for the protection of persons and UNIT within the common hold property or any part thereof and install, operate and maintain communication systems as may be necessary or desirable
Employ administrative, professional managerial staff and other labor, and retain the service of such personnel in connection with the management / maintenance of the common hold property.
Procure contracts and agreements in respect of the common hold property for electricity, gas, fuel, water, telephone, cleaning, security, garbage disposal, landscaping, pest control, ground maintenance and other services or such of them as may be necessary.
Make provision for reasonable reserves for future or deferred repair, maintenance, replacements or improvements of the common hold property or any part thereof as may be necessary or desirable; provide all items of equipment, such as services, facilities, machinery, and stock-in-trade as may be required from time to time to provide for the benefit of the PURCHASER/OWNERS or

which are appropriate for the protection of the value and quality of the common hold property or any part thereof.

Assist the DEVELOPER in defending and in taking such action including legal action, for and in the name of the DEVELOPER, as may be necessary to enforce payment of monies due to DEVELOPER, including service charges.

Prepare BUDGET at least three (3) months prior to each Accounting Date of estimated expenses for the following financial year in respect of the COMMON HOLD PROPERTY in performing its obligations hereunder together with all administrative and other expenses for which the MANAGER is responsible for. Any amount proposed is to be held in reserve in respect of future maintenance, repairs or capital expenditure.
Expenses shall include but not limited to:

Statutory rules, taxes and charges
Expenses and charges in respect of services
Insurance premiums
Repair and maintenance expenses
Landscaping expenses
Provision for future maintenance, repair or capital expenditures
Administration and professional expenses incurred be the MANAGER in the provision of its services pursuant to the Management Agreement and management costs, including a management fee

Immediately prior to the year’s Accounting Date, the MANAGER shall provide a copy of the BUDGET to the DEVELOPER showing the estimated expenses for the following Financial Year and the Provisional Service Charges payable by the OWNER.

As soon as possible after each annual Accounting Date, the MANAGER shall prepare and provide to the DEVELOPER and OWNER a statement (“the Statement”) showing the actual expenses for the Financial Year referred to in the Statement duly certified be the MANAGER or its agent and audited by an independent firm of auditors which will be conclusive evidence of all matters of fact referred to in it.
Expenses shall be allocated to the PURCHASER/OWNER as Service charges in accordance with their respective PARTICIPATION QUOTAS.
In the event that a PURCHASER/OWNER’S share of the expenses as shown in the statement for any Financial year.

Exceeds the amount paid as a provisional service charge for that period, the MANAGER shall demand the excess from the OWNER or;
Is less than the amount paid as provisional service charges for that period, the MANAGER shall credit the excess to the OWNER against the service charges payable by the OWNER for the following financial year.

If the MANAGER fails to include in any Financial Year a sum expended or liability incurred during that year, the MANAGER may include the sum or the amount of the liability in an account for any subsequent Financial Year.
In case of contingency, the MANAGER may from time to time, when necessary, levy a special charge upon the PURCHASER/OWNER in respect of any unforeseen expenses which have not been included in the BUDGET (the “Special levy”) and such special levy may be made payable in one sum or in such installments as the MANAGER may determine at its own discretion.

Collect from an OWNER all legal costs, expenses and charges incurred by the MANAGER in obtaining the recovery of arrear service charges, or in enforcing compliance with the Constitution.

Charge a penalty for late payment on any arrear amounts at such a rate as the MANAGER may, from time to time, determine, recoverable from the date on which the amount is due and payable to the date of payment.
Ensure that no OWNER shall enjoy the privileges of usage of the COMMON HOLD PRPERTY unless he has paid every Service Charge or other sum (if any) which may be due and payable to the DEVELOPER.
Promptly issue upon request the Clearance Certificate provided that the amounts accrued due (including Special Levies) in respect of the UNIT have been paid.
Cause proper books of account and records to be kept so as to fairly reflect the transactions and financial position including;;

A record of the assets and liabilities
A record of all sums of money received and spent and the matters in respect of which such receipt and expenditure occur
A register of PURCHASERS/OWNERS showing in each case their addresses
Individual ledger accounts in respect of each OWNER.

On the application of any OWNER, make all or any of the books of account and records available for inspection at all reasonable times during normal business hours and cause all books of account and records to be retained for a period of five (5) years after completion of the transaction, acts or operations to which they relate.
MANAGER to prepare bi-annual report (or at such intervals as desired by it) and present the same to the DEVELOPER.
Cause all monies received by the MANAGER to be deposited to the credit of an account(s) with a scheduled bank in the name of the DEVELOPER (relevant project) strictly separate from the MANAGER’S personal accounts. Such moneys shall only be withdrawn for the purpose mentioned in this agreement.
Invest any funds not immediately required for disbursements in a savings or similar account with any financial institution or any other registered deposit receiving institution.
At least once a year, cause the accounts to be examined and the correctness of the income and expenditure account and balance sheets ascertained by the auditors. Such financial statement shall be drawn up in accordance with generally accepted accounting practice and to be accompanied by the report of auditors and the MANAGERS comments. A copy of financial statement and reports shall be sent to OWNERS / PURCHASERS.
Ensure that minutes are taken of every meeting held between the DEVELOPER and the MANAGER.
Comply with all laws in force from time to time in Rawalpindi, Pakistan
Do all such acts and things in connection with the Common Hold Property, as may reasonably be required by the DEVELOPER from time to time.

The MANAGER undertakes and agrees that he will perform his services under this agreement in a proper, faithful, honest, diligent and timely manner and will liaise with the representative (appointed by the DEVELOPER).
To enable the MANAGER to perform efficiently its duties and obligations under this agreement, subject to the limitations setout herein. The DEVELOPER hereby authorizes the MANAGER and dully appoints it to execute, deliver, do and perform any and all acts and things reasonably required in connection with this agreement, in the name of and on behalf of the DEVELOPER. It authorizes the MANAGER to utilize the funds required to pay the expenses incurred in providing the services pursuant to this agreement.
The DEVELOPER and OWNER undertakes and agree;

To arrange for reasonable access of the MANAGER to the COMMON HOLD PROPERTY at all times during the term of this agreement for the purpose of carrying out duties and obligations

That the MANAGER will not be liable for any error of judgment or for any mistake of fact or law or for anything which it may do or refrain from doing here-under, except to the extent of the MANAGER’S willful misconduct, gross negligence or breach of or default under this agreement.
To execute and deliver all such documents and perform all such acts and things, or cause the representative to do so, as may be reasonably required or desirable in the opinion of the MANAGER to enable them to properly perform their duties and obligations hereunder;
To give reasonable directions to the MANAGER in connection with the performance of his duties and obligations hereunder and to respond promptly to all requests and inquires made by the MANAGER
To provide the MANAGER with copies of or access to a current list of PURCHASERS/OWNERS and any and all tenancy or rental agreements received from any OWNER with respect to the occupancy of such OWNERS UNIT.

The MANAGER will keep full and detailed records covering the management of the common hold property. The MANAGER will permit the DEVELOPER and OWNER to have full access to such records.
Any notice given pursuant to this agreement will be deemed to be properly given if delivered personally to the REPRESENTATIVE of the DEVELOPER or to the MANAGER at the address set out above (In case of the Manager).

This agreement contains the entire agreement between the parties in respect of the subject matter hereof and there are no other representations, warranties, covenants, agreements or collateral agreements. This agreement may only be amended be an agreement in writing signed be the parties here to.
This agreement will ensure to the benefit of and be binding upon the parties hereto and their respective successors and assignees.
In the event of any dispute of difference arising between the parties out of or relative to this agreement or to the breach thereof, the parties shall use their best endeavors to settle such disputes or differences. To this effect, they shall consult and negotiate with each other in good faith and understanding of their mutual interests to reach a just and equitable solution satisfactory to both parties. If they do not reach a solution within a period of thirty (30) days, and then the dispute or difference shall be finally settled by a sole arbitrator appointed in accordance with Arbitration laws of Pakistan.

IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first above written.

Signed in presence of


General Manager		Purchaser

Witness 1		Witness 2