NAME OF THE PROJECT: Name of the Project shall be ‘The ONYX’ by MEER ONYX DEVELOPMENTS (Pvt.) Ltd., which is being built /constructed in Kuza Gali Galiyat KPK, Pakistan. The company “MOD” shall construct a luxury residential project ‘The ONYX’ , where apartments and penthouses are offered for sale on an ownership basis. BOOKING: All Pakistani citizens and non-resident Pakistanis living abroad are eligible to apply for the offered inventory. ALLOCATION: Allocation of a particular number of apartment units in the project is provisional and will be confirmed only after receiving full and final payment. If any allottee has booked a unit (provisional) and paid the booking amount, as it is a mandatory requirement, and later on if he/she fails to pay confirmation and/or allocation amounts as prescribed in the payment schedule, signed by the allottee, the booking amount shall be non-refundable. BOOKING & PAYMENT PROCEDURE: All applications for booking/allotment shall be submitted on the prescribed form, duly filled in and signed by the applicant. The schedule fixed for each and every installment for the payments shall be the essence of the contract. All payments shall be made by the Allottee/Purchaser of the apartment via pay order, Cross cheques only drawn in the name of MEER ONYX DEVELOPMENTS (Pvt.) Ltd. The applicant shall make the payment of installments by the 10 th of every month (if the payment schedule is on a monthly basis). If he/she fails to pay on time, a late payment surcharge of 0.05% per day will be levied on the outstanding amount. SURRENDER OF APARTMENTS/UNIT: In case of failure to pay the installment, demand notice of fifteen (15) day shall be served to the buyer by registered post/acknowledgement due or urgent mail service and/or TCS or renowned courier service. Another reminder will follow this after thirty (30) days for the payment of the installment at the address provided in the application form. If the payment is not received within the stipulated period, the Company shall serve a final notice and cancel the booking/allotment/allocation. The amount received by MEER ONYX DEVELOPMENTS (Pvt.) Ltd. till that time shall be refunded after twelve (12) months after the completion of the project. An amount equal to 15% of the total price of the apartment shall be deducted from the refundable amount as service and establishment charges. In case an Applicant subsequently wishes to surrender his/her Apartment or it stands cancelled, the amount will be refunded after completion of this project, subject to rebooking and deduction of 15% of the total agreed price of the apartment will be made from the installments deposited by the Applicant, being the service and establishment charges. · The cost of apartment as given in the payment schedule, does not include ground rent, registration fees, ownership transfer fee documentation charges, connection and meter charges of electricity, gas, water and sewerage and others, which shall be paid by the Allottee/Purchaser in CASH to the Company within fifteen (15) days on demand and in no circumstances refundable. · Prior to taking over the physical possession of the allotted unit, a six (6) months advance expense on account of maintenance charges i.e., service utilities, salaries of care takers, watchman (chowkidars), plumbers, electricians, air-condition maintenance etc. and also other administrative overhead charges will be payable by the Allottee on demand, as the Company shall be responsible for maintenance of the project commencing from the date of handing over the POSSESSION of the first unit in the project. · The Allottee shall form a registered association before the end of the maintenance period managed by the Company; otherwise, the Company will not be responsible after the end of the maintenance period regarding common and general services and proper upkeep/ cleanliness of the project. · In case of a change of address, the Allottee shall inform the Company in writing about the change within fifteen (15) days. In case of recovery, default, or cancellation, the address mentioned in the application form shall be treated as the final address. All letters shall be sent by the Company through registered post/acknowledgement or urgent mail service and/or TCS or renowned courier service. Non-availability reported by the above agencies of the Allottee at the address given shall be deemed as a valid service of the notice/letter. · The allotment shall be liable to cancellation in case monthly installments are not paid for three (3) months continuously (whether formally demanded or not). · There shall be no unilateral escalation towards the basic cost of the unit, and the Company undertakes to deliver the possession within the stipulated time, except due to unavoidable circumstances beyond the control of the company, and the Allottee shall have to pay the difference in the cost of the apartment as and when necessary. CHANGE IN THE NAME AND PLANS: The Company reserves the right to seek a change of the project's Name, at any stage, for whatsoever reason, which shall be notified to the Allotee(s) by the Company, and can also make any change in the building plans of the project The Company retains and reserves the right at all times to make any changes in designs and specifications at the sole discretion of the Company. Management can change the location of the apartments due to any technical reasons. If the area of any apartment changes to the actual size, then it will be charged at the price per sq. ft. Area. The use of the exterior walls, front, and common areas is reserved by the Company for any commercial or other use at the discretion of the Company. TRANSFER: The Allottee shall not sublet, sell, transfer, or assign the unit prior to taking over possession of the same, subject to written consent of the Company/Promoter/ Builder. However, the apartment can be transferred after clearance of outstanding dues payable before or on the date of transfer. The Company will charge a Transfer Fee at the time of transfer of the apartment. The completion periods of apartments will be according to the specified schedule, and possession of the apartments shall be handed over subject to the clearance of full payment/documents/cheques. UTILITY SERVICES BY UTILITY DEPARTMENTS: The Company will arrange for water lines to all the underground water tanks of the project in case the water supply is not received or disrupted. The Company shall have no responsibility, and no Allottee will have any claim against the Company, nor shall the Company be approached by the Allottees in this connection. The Company shall not be responsible for any delay in respect of the supply or individual connection of gas, electricity, water, sewerage, etc. by the concerned authorities/agencies. The Company will however, make every effort to apply in time to the authorities concerned for the utility services That in case of delay by concerned authorities/agencies in providing permanent electricity connection/meter in the units booked by the Allottee, Company shall in the interim period provide electricity to the allotted unit through some other means at the Commercial Rates for which sub- meters will be installed at the Allottees cost. That the Allottees shall be bound to pay the Company on demand any excess amount of electricity, gas, water, and sewerage connection payable to the respective department. The Company, according to the approved Layout Plan of the Project, shall lay water and sewerage lines, and the Allottees shall not object to it. The respective Departments/ Organizations will lay the rest of the utility services. That the Allottee shall be responsible for the payments of utility, i.e., water, sewerage, electricity, gas, telephones, etc., and property and other taxes of concerned authorities/agencies. The Company shall, in no case, be responsible for any consequences for the non-payment of such bills by the Allottee. POSSESSION: The Allottees must take over possession of the booked units of the project within fifteen (15) days of the issuance of the stipulated period. The Company shall not be responsible for the maintenance or damages to the property, including theft and damages to the fittings of the bathrooms, kitchen, doors, windows, electricity or gas fittings, or any kind of Internal or external parts of the property. The Company shall not be responsible for any encroachment by any outsider of the unoccupied units. COMPLETION: The construction of the project is supposed to be completed within the specified period. However, if for reasons of force majeure, which Includes Act of God, riots, war (declared or undeclared), civil commotion, natural disaster, hostilities, fire, flood, legal construction bans, uncontrolled inflation (beyond 8%), earthquake, explosions, blockades and any other calamities which are beyond the Control of the Company. This also includes changes in the fiscal policies of the government. In such conditions, the builder shall be at liberty to revise/interrupt the construction schedule. It is clearly understood that in such an eventuality, the Allottee will not claim interest or damages of any nature whatsoever from the Company. MISCELLANEOUS: The Company shall, however, not be responsible for non-delivery of any letter or notice(s), etc., due to any reason whatsoever or change of the Allottee's address. For all contacts and correspondence, the Company will use the Allottee's last given address as per the record. Any change in the address of the Allottee shall be notified to the Company in writing MEER ONYX DEVELOPMENTS (Pvt.) Ltd. THE APPLICANT AGREES: · To maintain the apartment on his/her own cost in good condition and shall not do any act of endangers, damages, or impairs the building and the common area of the MEER ONYX DEVELOPMENTS (Pvt.) Ltd. or do any act against the law, by-laws, and regulations of the concerned Government Authorities/Agencies. · Not to bring inside the project or apartment of the project any goods and/or machinery which are hazardous/combustible, or flammable, and shall not use the unit for any purpose other than its construction or allotted. · To pay all taxes, etc., levied by the Federal Government, Local bodies and Municipal bodies, and/or any other authorities/agencies, including those existing at present and those that may be levied by the above-mentioned and/or other authorities future. · That after the completion of the project, and common dividing walls, the width of the dividing walls shall be divided and included equally in the concerned covered areas. Any variation in size shall be adjusted at the rate of the cost of the standard size of the concerned between variations. · Not to make any partitions, alterations, additions, or any holes, attachments, or adhesions of any nature without the consent of the Company. Covered area of the unit will include ancillary and service areas such as wall passages, corridors, staircase, balcony, lifts, underground and overhead tanks, etc. These restrictions will continue even after the Applicant takes possession of the unit. · Not to demand any extra work to be carried out by the Company on request of the Applicant under any circumstances during the construction/finishing of the project. · Not to misuse the amenities provided by the Company, nor will they cover/encroach on the areas or lobbies. · To use the unit for the purpose as specified and approved by the Company. · To visit the office of the company/office of the authorities/agencies as and when required for any signatures. · Maintenance charges are not included in the actual amount, will be charged on a monthly basis. · The rights of the roof shall be retained by the Company at all times, and units' Occupants/applicants will have no share, claim, or interest in and over the roof of the top floor. Further, the Company reserves the full right to use the top floor (roof) for erecting additional floors, fixing a neon sign on/over the roof of the top floor on all blocks of the building, and the Applicant binds himself/herself not to raise any objection or claim over the roof of the building. The Company shall have first lien, claim, and charge on the apartment, its fixtures and fittings, and contents therein, regarding any amount liable to be paid by the Applicant to the Company. All serial numbers and/or other identification numbers and/or markings given in the layout plans, booking, and/or allocation letters pertaining to units are on an ad hoc, temporary, and tentative basis, and the Company reserves the right to amend/change/renumber the same if found necessary. ABANDONMENT OF THE PROJECT: That if, for any reason, the project is abandoned, Company shall refund the amount received from the Allottee within the earliest convenience of the Company. It is, however, clearly understood that in such an eventuality, the Allottees shall not be entitled to any claim as damages, interests or profits, etc. of whatever nature.