Meaning of Maintenance Agreement

A Maintenance Agreement is a legal contract that outlines the terms and conditions regarding the ongoing upkeep, repair, and management of a property or asset. This agreement typically involves a property owner or developer (referred to as the “Client”) and a maintenance service provider (referred to as the “Service Provider” or “Contractor”).

Within a Maintenance Agreement, various aspects are typically defined, including:

1. Scope of Maintenance: This section specifies the types of maintenance services to be provided, such as routine inspections, repairs, cleaning, landscaping, or technical support.
2. Responsibilities of Parties: The agreement delineates the responsibilities of both the Client and the Service Provider. This includes the obligations of the Client to provide access to the property and necessary information, as well as the duties of the Service Provider to perform maintenance tasks promptly and effectively.
3. Schedule and Frequency: The Maintenance Agreement establishes the schedule and frequency of maintenance activities. This ensures that maintenance tasks are conducted regularly to prevent deterioration of the property and maintain its functionality.
4. Payment Terms: Details regarding payment, including the frequency of payments, the method of calculation (e.g., hourly rates, flat fees), and any additional costs or penalties, are outlined in this section.
5. Duration and Termination: The agreement specifies the duration of the maintenance contract and the conditions under which it can be terminated by either party.

Overall, a Maintenance Agreement serves to formalize the relationship between the Client and the Service Provider, providing clarity and legal protection for both parties involved in the ongoing maintenance of a property or asset.

Prepare Maintenance Agreement

Why Do We Prepare Maintenance Agreement?

A Maintenance Agreement is prepared for several important reasons, all of which contribute to ensuring the smooth and effective maintenance of a property or asset. Below are some key reasons why Maintenance Agreements are prepared:

1. Clarifying Responsibilities: One of the primary reasons for preparing a Maintenance Agreement is to clearly outline the responsibilities of both parties involved. This includes specifying the tasks and services to be provided by the maintenance service provider, as well as the obligations of the property owner or client. By clearly defining these responsibilities, the agreement helps prevent misunderstandings and disputes down the line.
2. Setting Expectations: A Maintenance Agreement helps set clear expectations between the parties involved regarding the level and quality of maintenance services to be provided. This includes specifying the standards to which the property should be maintained, as well as any specific requirements or preferences of the client. Setting clear expectations upfront helps ensure that both parties are on the same page and reduces the likelihood of disagreements later on.
3. Ensuring Compliance with Standards and Regulations: Depending on the type of property or asset being maintained, there may be specific standards, regulations, or legal requirements that need to be met. A Maintenance Agreement can help ensure that the maintenance services provided comply with these standards and regulations. This is particularly important in industries such as healthcare, manufacturing, or food service, where compliance with regulatory requirements is critical.
4. Protecting Assets and Investments: For property owners, ensuring the proper maintenance of their assets is essential for protecting their investments. A well-maintained property not only retains its value but can also enhance its marketability and appeal to tenants or buyers. By formalizing a Maintenance Agreement, property owners can ensure that their assets are properly cared for and maintained over time, helping to protect their long-term investment.
5. Minimizing Downtime and Disruptions: Regular maintenance is essential for preventing breakdowns, equipment failures, and other issues that can lead to downtime and disruptions. By proactively addressing maintenance needs through a Maintenance Agreement, property owners can minimize the risk of unexpected downtime and ensure that their facilities remain operational and productive. This is particularly important for businesses and organizations that rely on their facilities to conduct daily operations.
6. Budgeting and Financial Planning: A Maintenance Agreement typically includes details regarding the cost of maintenance services, including the frequency of payments and any additional costs or fees. By establishing a predictable schedule of maintenance expenses, property owners can better plan and budget for these costs over time. This helps avoid unexpected financial burdens and ensures that funds are available to cover necessary maintenance expenses when they arise.
7. Improving Safety and Compliance: Proper maintenance is essential for ensuring the safety and compliance of a property or asset. By addressing maintenance needs promptly, property owners can identify and mitigate potential safety hazards, such as faulty equipment or infrastructure issues. Additionally, regular maintenance helps ensure compliance with building codes, safety regulations, and other legal requirements, reducing the risk of fines, penalties, or legal liabilities.
8. Promoting Long-Term Sustainability: Maintenance Agreements can also include provisions for sustainable maintenance practices, such as energy efficiency upgrades, water conservation measures, or environmentally friendly cleaning products. By incorporating sustainability into maintenance activities, property owners can reduce their environmental footprint, lower operating costs, and contribute to long-term sustainability goals.

In summary, Maintenance Agreements are prepared to clarify responsibilities, set expectations, ensure compliance with standards and regulations, protect assets and investments, minimize downtime and disruptions, facilitate budgeting and financial planning, improve safety and compliance, and promote long-term sustainability. By formalizing the maintenance process through a written agreement, property owners and maintenance service providers can work together more effectively to ensure the ongoing maintenance and care of properties and assets.

Type Of Maintenance Agreement

Maintenance agreements can vary in scope and structure depending on the type of property or asset being maintained, the needs of the parties involved, and the specific terms and conditions outlined in the agreement. Here are some common types of maintenance agreements along with examples:

1. Residential Property Maintenance Agreement:
   • Description: This type of agreement is used for the maintenance of residential properties such as houses, apartments, or condominiums.
   • Example: A homeowner may enter into a maintenance agreement with a landscaping company to provide regular lawn care, landscaping, and exterior maintenance services for their property. The agreement could outline services such as mowing, fertilizing, weed control, pruning, and seasonal clean-up.
2. Commercial Property Maintenance Agreement:
   • Description: Commercial property maintenance agreements are designed for the upkeep of commercial buildings, offices, retail spaces, or industrial facilities.
   • Example: A property management company may enter into a maintenance agreement with a heating, ventilation, and air conditioning (HVAC) contractor to provide routine maintenance, repairs, and emergency services for the HVAC systems in a commercial office building. The agreement could include provisions for regular inspections, filter replacements, troubleshooting, and repairs as needed.
3. Facility Maintenance Agreement:
   • Description: Facility maintenance agreements are used for the maintenance of large facilities such as hospitals, schools, sports complexes, or manufacturing plants.
   • Example: A school district may enter into a maintenance agreement with a janitorial services company to provide daily cleaning and maintenance services for its school buildings. The agreement could specify tasks such as floor cleaning, restroom sanitation, trash removal, and general facility upkeep to ensure a clean and safe environment for students and staff.
4. Equipment Maintenance Agreement:
   • Description: This type of agreement is used for the maintenance of equipment or machinery, such as industrial machinery, medical equipment, or office equipment.
   • Example: A manufacturing company may enter into a maintenance agreement with a service provider to provide preventive maintenance and repairs for its production equipment. The agreement could include regular inspections, lubrication, calibration, and replacement of worn parts to minimize downtime and ensure optimal performance of the equipment.
5. Service Level Agreement (SLA):
   • Description: SLAs are commonly used in the technology sector to define the level of service to be provided by a service provider, typically for software or IT services.
   • Example: A software company may offer its customers a maintenance agreement in the form of an SLA that guarantees a certain level of uptime, response time for support requests, and resolution of software bugs or issues. The SLA could specify metrics such as availability percentages, response times, and escalation procedures to ensure that the service provider meets the agreed-upon service levels.

These are just a few examples of the types of maintenance agreements that exist, each tailored to meet the specific needs and requirements of the parties involved and the assets or properties being maintained.

Performa Draft Maintenance Agreement For Residential Towers

Draft Maintenance Agreement for Residential Towers

This Maintenance Agreement (“Agreement”) is made and entered into as of [Date], by and between:

[Developer/Property Management Company Name], located at [Address] (hereinafter referred to as the “Provider”), and

[Residential Towers Association/Homeowners Association], located at [Address] (hereinafter referred to as the “Association”).

WHEREAS, the Association is responsible for the maintenance and management of the residential towers located at [Address];

AND WHEREAS, the Provider possesses the expertise and resources necessary to perform maintenance services for the residential towers;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows:

1. SCOPE OF SERVICES

1.1 The Provider shall provide maintenance services for the residential towers, including but not limited to:

• Regular cleaning of common areas, including lobbies, hallways, elevators, and stairwells.
• Routine inspection and maintenance of building systems, including HVAC, plumbing, electrical, and fire safety systems.
• Landscaping and maintenance of outdoor areas, including gardens, lawns, and recreational facilities.
• Pest control services as needed.
• Repair and maintenance of common amenities, such as swimming pools, gyms, and community rooms.

1.2 The Provider shall perform the maintenance services with due care and in accordance with industry standards and applicable laws and regulations.

2. TERM

2.1 This Agreement shall commence on [Commencement Date] and shall remain in effect for an initial term of [Initial Term] years.

2.2 Upon the expiration of the initial term, this Agreement may be renewed for successive renewal terms upon mutual agreement of the parties.

3. PAYMENT

3.1 In consideration for the maintenance services provided hereunder, the Association shall pay the Provider a monthly maintenance fee of [Amount] on the first day of each month.

3.2 Payment shall be made by [Payment Method] to the Provider’s designated account.

4. RESPONSIBILITIES OF THE PARTIES

4.1 The Association shall:

• Provide access to the residential towers and common areas to the Provider’s personnel as necessary to perform maintenance services.
• Notify the Provider promptly of any maintenance issues or concerns.
• Cooperate with the Provider in scheduling maintenance activities to minimize disruption to residents.

4.2 The Provider shall:

• Assign qualified personnel to perform maintenance services.
• Respond promptly to maintenance requests and emergencies.
• Keep the Association informed of any issues or concerns related to the maintenance of the residential towers.

5. TERMINATION

5.1 Either party may terminate this Agreement upon [Notice Period] days’ written notice to the other party for any reason or no reason.

5.2 In the event of termination, the Association shall pay the Provider for any outstanding maintenance services rendered up to the effective date of termination.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

[Signature of Provider] [Signature of Association]

[Printed Name of Provider] [Printed Name of Association]

[Title of Signatory, Provider] [Title of Signatory, Association]

Advantages of Having a Maintenance Agreement

Having a maintenance agreement in place offers several advantages for both property owners/managers and service providers. These advantages include:

1. Clarity of Responsibilities: A maintenance agreement clearly outlines the responsibilities of both parties involved, including the scope of services to be provided, frequency of maintenance tasks, and performance standards. This helps prevent misunderstandings and ensures that everyone is on the same page regarding expectations.
2. Regular Maintenance: Maintenance agreements typically include provisions for regular inspections and upkeep of property or equipment. By scheduling routine maintenance tasks, potential issues can be identified and addressed early, reducing the likelihood of costly repairs or downtime.
3. Cost Savings: Proactive maintenance through a maintenance agreement can lead to cost savings in the long run. By addressing minor issues before they escalate into major problems, property owners can avoid expensive repairs or replacements. Additionally, maintenance agreements often offer preferential pricing or discounts for bundled services.
4. Increased Property Value: Well-maintained properties tend to retain their value better over time. By investing in regular maintenance through a maintenance agreement, property owners can enhance the curb appeal and marketability of their properties, attracting tenants or buyers and commanding higher rental or sale prices.
5. Peace of Mind: Knowing that property maintenance is being handled by professionals can provide peace of mind for property owners/managers. With a maintenance agreement in place, they can trust that their assets are being cared for properly and that any issues will be addressed promptly and efficiently.
6. Compliance with Regulations: Many industries are subject to regulations and compliance requirements regarding the maintenance of property or equipment. Maintenance agreements can help ensure that property owners/managers remain in compliance with relevant laws and regulations by outlining the necessary maintenance tasks and documentation requirements.
7. Improved Safety and Reliability: Regular maintenance helps identify and address potential safety hazards or equipment failures before they pose a risk to occupants or users of the property. By keeping systems and equipment in good working condition, maintenance agreements contribute to a safer and more reliable environment.
8. Streamlined Operations: For service providers, maintenance agreements provide a predictable schedule of work and revenue stream. This allows them to plan resources more efficiently, allocate manpower effectively, and optimize their operations for maximum productivity.
9. Long-Term Relationships: Maintenance agreements often foster long-term relationships between property owners/managers and service providers. By working together over time, both parties can develop a deeper understanding of each other’s needs and preferences, leading to better communication and collaboration.

Overall, having a maintenance agreement in place offers numerous benefits for all parties involved, including cost savings, increased property value, peace of mind, and improved safety and reliability. By investing in proactive maintenance, property owners/managers can protect their assets and ensure the long-term success of their properties or businesses.

Draft Maintenance Agreement

MAINTENANCE AGREEMENT

This Agreement (hereinafter referred to as “Agreement“) is entered and executed at __________on this___ day of___ 2024;

BY and BETWEEN

M/s. _______________________________________________], a company incorporated under the provisions of Companies Act, 1956 and existing under the provisions of Companies Act, 2013, (PAN No. ________________), having its registered office at Plot N++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++,  through its Authorized Signatory _____________________________________________________[hereinafter referred to as “Developer” which expression shall unless repugnant to the subject or context be deemed to include its successor(s) and permitted assign(s) of the FIRST PART.

AND

___________________________________________________________[hereinafter referred to as the “Buyer(s)” which expression shall unless repugnant to the context or meaning thereof be deemed to include his/her executor(s), administrator(s), permitted assign(s) etc.] of the THIRD PART;

Hereinafter, the Developer and the Buyer(s), shall collectively be referred to as the “Parties” and individually as the “Party”.

WHEREAS:

1. Developer has developed a residential group housing project at “Plot No GH-4, Omaxe City, Village Sarangpura, Thikria, Bagaru Khurd & Bhamboria, Ajmer Road, Tehsil Sanganer, Distt. Jaipur with a total area admeasuring of 8897.66 Square Yards along with certain common areas and facilities as detailed in Annexure-I annexed hereto (hereinafter referred to as the “Common Areas and Facilities“), accordance with the applicable laws, named as GKB’s Grace (hereinafter referred to as the “Project“).

• The Buyer(s) vide sale deed (hereinafter referred to as the “Sale Deed”) had purchased the flat/unit no. A-903 on floor no. 9 having super built up area ___________ sq.ft in the Project (hereinafter referred to as “Unit”) from the Developer.

• The Developer shall have the option to form for the purpose of management, maintenance, repair and replacement of the Common Areas and Facilities in the Project and shall be registered under the provisions of the relevant Act, in due course of time.

• Till the date of formation and registration of Association, as per the terms of the Sale Deed, the Developer shall maintain the Common Areas and Facilities of the Project on its own or by appointing any persons/firms/companies etc. With the aim of advancing its objectives and recognizing the Agency’s specialized experience, abundant resources and expertise in managing and maintaining real estate projects of diverse scales, the Developer shall have the option to appoint the Maintenance Agency. The Developer is hereby authorized to assign the responsibility of maintaining the Common Areas and Facilities of the Project to the Maintenance Agency, further granting them the authority to recover the Maintenance Charges from the purchasers of units within the Project.

• Accordingly, the Parties are entering into this Agreement to record their contractual understanding in respect of the maintenance of Common Areas and Facilities in the Project (as defined herein below) to be provided by the Developer/Maintenance Agency/Society and the obligations of buyer in respect of payment of Maintenance Charges and other obligations, as per the terms and conditions appearing hereinafter. 

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO THAT:

1. The Buyer(s) hereby agrees and acknowledges that the Developer/Maintenance Agency/Society is responsible for the maintenance of this Project, who shall maintain, manage, administer and upkeep the Common Areas and Facilities of the Project and provide the facilities & services as defined in the scope of work described in “Schedule-A” attached hereto and hereinafter called the “Facilities and Services” in accordance with the terms and conditions of the Maintenance Agreement.

• MAINTENANCE AND OTHER CHARGES

• The Buyer(s) agrees to pay separate charges to the Developer/Maintenance Agency/Society (as the case may be) for maintaining the Project and providing Facilities and Services as set out in Schedule A hereto, the Developer/Maintenance Agency/Society shall be entitled to receive the Maintenance Charges along with applicable taxes, GST, etc.  

• The Buyer shall pay the said Maintenance Charges shall be payable directly by all the Buyer(s) to the Developer in advance from the date of handover of possession of Unit to the Buyer. However, in case of hike in labour rates/ wages / cost of maintenance, the Developer/Maintenance Agency/Society may calculate and revise the Maintenance Charges any time during the year. Presently the Developer is charging one time maintenance for 5 years w.e.f 1^st April, 2023. The charges for the respective unit types are as follows:

• Further, the Developer/Maintenance Agency/Society shall be entitled to directly collect the utility charges including water, electricity, power backup in common area etc., in respect of the common areas from the Buyer(s) in proportion to the Super Built-Up Area of their Unit and deposit the amounts so collected to the concerned department/ authority. The Developer shall be entitled to send any note/letter to the Buyer(s) in respect of the payment of the utility charges and no separate invoice shall be raised by the Developer/Maintenance Agency/Society in this regard. The Buyer(s) shall also bear the proportionate charges for potable water procured from Municipality, Bisalpur Line, Water Works Department and/or from outside vendor.

• The Buyer(s) shall be liable to pay all the applicable indirect taxes, including GST, etc. as applicable to the Developer/Maintenance Agency/Society.

• In the event any additional/ specific services are exclusively required by Buyer(s) (over and above the general maintenance services provided to the said Project), the said services may be provided by Developer/Maintenance Agency/Society in its sole discretion. Where such additional/ specific services are agreed to be provided by the Developer, such services shall be billed as per the rates decided by Developer/Maintenance Agency\society from time to time. Such specific/ additional services shall be solely billed to the account of the Buyer(s). If more than one resident of the Project wishes to use the same services along with the Buyer(s), then the same shall be billed on pro- rata basis at such charge as may be determined by Developer from time to time for the purpose of maintenance.

• RAISING OF BILLS AND PAYMENTS

• The Developer shall pay the Maintenance Charges as provided in Clause 2 to the Agency in advance for each calendar month and Buyer(s) shall be liable and obliged to make payment by 7^th of every month, irrespective of the fact whether the Unit was occupied or vacant.

• In case of delay inpayment of monthly Maintenance Charges by the Buyer(s), the Buyer(s) shall be liable to pay interest @ 18% per annum on the due amount for the period of delay. However, in case the default continues beyond 1 (One) month, the Developer without prejudice to its right to claim interest on the due amounts, shall be at liberty to discontinue or disconnect the common services including supply of water without giving any further notice. It is made clear that the Buyer(s) would continue to be liable for payment of maintenance and other charges along with applicable interest even for the period for which such services or any part thereof may remain discontinued or disconnected.  In this regard, it has been additionally agreed by the Buyer(s) that the Developer shall be allowed to deduct the overdue maintenance charges from Interest Free Maintenance Deposit (“IFMD”).

• In case any cheque issued by the Buyer(s) is dishonored or returned by the Banker for any reason whatsoever, the Developer/Maintenance Agency/Society without prejudice to its right to seek redressal under the Negotiable Instruments Act, 1881 and any other law shall be entitled to a service charge of Rs. 1000/- in addition to the bill amount and interest for the delay, if any.

• The Developer/Maintenance Agency/Society shall recognize only the Buyer(s) as the person liable or responsible for payment of maintenance and all other charges, even if he flat is on rent. Developer/Maintenance Agency/Society shall entertain correspondence with regard to maintenance services and charges thereof only from the Buyer(s) and shall not entertain or deal with any tenant in this regard.

• BUYER(S)’ COVENANTS

• The Developer/Maintenance Agency/Society shall not be responsible or liable in case of theft, pilferage or misplace of materials or equipment kept in the Unit, to be used or useable in the interior works of the Unit. Further, the Developer shall not be liable for any accident or injury caused to any employee or workman engaged by the Buyer(s) for doing the interiors in the Unit or any job or work relating thereto. Only the buyer shall be responsible for such liabilities or claims, if any, shall be satisfied by the Buyer(s) only. The Buyer(s) shall indemnify and keep the Developer/Maintenance Agency/Society harmless against all such claims or liabilities.

• The Developer/Maintenance Agency/Society shall to the best of its ability render and provide all necessary and/or requisite maintenance and services as set out in Schedule A attached hereto directly and/or by outsourcing to various other agencies (hereinafter referred to as the “Agency”) under separate agreements/ arrangements entered into with them. However, Developer/Maintenance Agency/Society shall not be liable for any default in providing such maintenance and services by reason of any Force Majeure circumstances or any circumstances beyond its control.

• The Developer/Maintenance Agency/Society shall be entitled to undertake maintenance work by engaging outside agencies, wherein in such cases the liability of Developer shall be limited to the extent of minimum supervision of these agencies’ work and to ensure that their operation is in conformity with the agreement executed with them and to replace an Agency if its performance is not upto the standard. But under no circumstances the Developer/Maintenance Agency/Society shall be responsible and liable for the losses incurred by any act of such Agency.

• In course of rendering maintenance services, Developer/Maintenance Agency/Society does not guarantee or ensure full proof safety and security of the Project and Developer/Maintenance Agency/Society shall have no financial and or any other liability by reason of any fire, theft, burglary etc. occurring in the said Unit / Project or any part or portion thereof.

• The Developer/Maintenance Agency/Society shall not be liable for any loss, damage or physical injury which may be caused to the Buyer(s), his family members, customers, visitors or guests on account of any human error or fault by reason of any Force Majeure circumstances.

• It shall be the sole responsibility of the Buyer(s) to get his/her unit insured.

• The Buyer(s) agrees not to do or cause to be done any acts which will adversely affect the right of the Developer/Maintenance Agency/Society to effectively discharge its obligations in respect of the maintenance of the Common Areas and Facilities of the Project or which affect the beauty, sanctity or uniformity of the Project.

• The Developer/Maintenance Agency/Society shall be entitled to impose penalty on the Buyer(s) in case of violations any of the guidelines framed by the Developer/Maintenance Agency/Society for the maintenance of the Project.

• The Developer/Maintenance Agency/Society shall be entitled to take measures to ensure that obligations/duties mentioned in the Sale Deed executed with the Developer are being complied with by the Buyer(s) and to take all necessary actions in this regard including but not limited to recovery of damages, cost, expenses, losses etc., from the Buyer(s).

• The Buyer(s) shall have no right to call off the appointment of the any third party as Maintenance Agency.

• TRANSFER OF THE UNIT

• The Buyer(s) shall clear and make payment of the entire dues of Developer/Maintenance Agency/Society on account of maintenance and other charges prior to sale/transfer/mortgage/lease of the Unit and obtain NOC from Developer for such sale/ transfer/ mortgage/ lease. Services to the tenant/ assignee/ transferee shall resume only after obtaining the NOC from the Developer.

• The Buyer(s) shall inform to Developer the names, addresses and other particulars of the new purchaser and/or assignee of the said Unit.

• Upon sale or transfer of the Unit, all rights, duties and obligations of the Buyer(s) under this Agreement, shall stand transferred and assigned and the assignee shall be entitled to all the rights of the Buyer(s) and also be bound and obliged to perform and discharge all obligations and duties of the Buyer(s) to the end and extent as if the assignee is the Buyer(s) under this Agreement.

• Developer or their authorised person(s) shall be entitled to enforce all terms and conditions of this Agreement against any person/entity who has been inducted in the Unit, irrespective of the fact whether such entry in the Unit is permissive or hostile.

• The Developer shall be entitled to terminate the Maintenance Agreement and shall be absolved from all his rights and responsibilities of this Agreement by giving 2 months prior notice.

• TERMINATION AND RENEWAL

• Save as aforesaid, this Agreement shall continue, and no individual Unit Holder shall have any right to determine or terminate this Agreement.

• MISCELLANEOUS

• The Buyer undertakes to completely abide by the terms of this Agreement and of any other agreement/contract in letter and spirit entered/to be entered into by Association with the Developer or any other agencies/entities/persons and also to pay the maintenance and other charges from time to time pursuant to such agreements/contracts and abide by the by-laws, rules, regulations of the Association and any subsequent amendments/modifications made thereof.

• The Buyer(s) hereby agrees to sign and execute all/any further documents as may be required by the Developer. In case, the Developer assigns or transfers its rights or obligations, the Buyer(s) shall attorn to such transfer or assignment.

• All the terms and conditions of this Agreement shall be applicable to all the legal heirs, legal representatives, agents, attorneys of all the Parties concerned hereto.

• Any notice, letter or communication to be made, served or communicated under these presents shall be in writing and shall deemed to be made, served, or communicated only if the notice or letter or communication is addressed at the addresses first mentioned herein above of the Parties and sent by registered post or courier.

• The Parties agree that this Agreement shall be subject to, governed by, and construed in accordance with the applicable Indian laws. This Agreement is subject to the jurisdiction of Jaipur bench of Hon’ble Rajasthan High Court.

• Any dispute, difference, controversy or claim (“Dispute”) arising between the Parties out of or in relation to or in connection with this Agreement, of the breach, effect, validity, interpretation or application of this Agreement or as to their rights, duties or liabilities there-under, or as to any act, matter or thing arising out of, consequent to or in connection with this Agreement, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto (the “Arbitration Act”) by a sole arbitrator appointed by the Developer. The decision of the Arbitrator shall be final and binding upon the Parties. The venue of arbitration proceedings shall be Jaipur. The language of the arbitration and the award shall be English.

IN WITNESS WHEREOF, the Parties hereto have set their respective hands to these presents on the day, date and year first above written:

Witness:        

• Name:      _________                                                       (ii) Name:      __________

   Address:  _________                                                           Address:    _________

   Signature: __________                                                        Signature: _________

SCHEDULE-A

            SCOPE OF WORK

The scope of work to be undertaken by Maintenance Agency at GKB’s Grace would cover:

A 1. Sanitation

             1.1 Sweeping of common areas (all such spaces used and enjoyed by the Property owners in common with other property owners in the Whole Project).

                 1.2  Domestic refuge collection and its disposal.

1.3  Cleaning of surface drains, sewage collection network etc. depending on requirement.

                 1.4  Operation/maintenance of Sewage Treatment Plant.

2.    Horticulture

                 2.1  Maintenance and upkeep of gardens, plantation, greenery, fountains etc. in the common areas within the Whole Project.

3.    Water Supply

                 3.1  Maintenance and operation of Water Tower or Water Reservoir.  

                 3.2  Maintenance and operation of Pumping sets – Pumping of water on need basis.

                 3.3    Maintenance, operation and upkeep of water distribution system.

                 3.4  Cleaning of bore wells as and when required

                 3.5  Periodical testing of water.

                 3.6  Maintenance and Operation of R.O. Plant (if any)

4.    Power Supply

                 4.1  Maintenance of power distribution network including, common switch gears, cables etc.

             4.2    Operation and maintenance of street lights, lighting of passages, corridors and other common spaces.

                 4.3  Maintenance of generator(s) and its operation as and when necessary.

5.    Civil Maintenance

                 5.1  Repair & Maintenance of boundary walls, drains, parking areas and all   common facility areas.

                 5.2  Normal maintenance/pot hole repairs of roads, sidewalks etc.

              5.3   Repair and maintenance of all common areas and facilities like main gate, common road, open space area etc. outside the boundaries of the Whole Project and forming part of the total land. (Cost for such repair shall be charged proportionately) 

6.    Security

6.1 Round the clock security of the Whole Project

B.    Capital Repairs/ Replacement

The capital repairs would cover:

1. Repair of water distribution systems.
2. Major repairs of pathways, fountains etc.
3. Major repairs / replacements of Generators, if any, Transformers, electrical switch gears, electrical cables, lighting fixtures etc.
4. Replacements / major repairs of sewage network/STD.
5. Replacement / major   repairs   of communication equipment, computers, transportation equipment, gardens equipment etc. and relaying of lawns.
6. Replacement and addition of furniture & fixture items
7. Any other misc. repair / replacement of capital nature
8. Services of electrician and plumber to the occupants of the units subject to availability for attending to minor jobs, within their properties on a nominal charges basis. Material necessary of these minor jobs would have to be provided by the occupants.

Note:

                 1. All the sewage would be treated and the treated water shall be used for watering of lawns, plantation etc. to the extent possible.

                 2. Cost of maintenance dues does not include repairs/maintenance within the unit and individual power bills.

                 3. The capital expenditure incurred/to be incurred in respect of the buildings, plant, machinery etc. (e.g. water tower, STP, generators, electrical distribution system etc.) serving the entire Whole Project shall be shared among all phases of the Whole Project in proportion to their Super Area.

Annexure-I

                               Common Areas and Facilities of the Project         

1. Scheduled Land
2. Staircase and landings on all the Floors including main entrance lobby.
3. Common passage on the Ground Stilt Floor.
4. Water pipes and other plumbing installation from/for the Overhead/ Underground Tank.
5. Water tanks for storage and supply of the water.
6. Electric wiring, meters and fittings, electric panel (including those as are installed for any particular Flat), Transformer etc.
7. Light and electrical fittings in the aforesaid common parts.
8. Boundary wall.
9. Main Entrance Gate(s) for Entry and Exit in the Said building.
10. Bore-well (if any) and pump.
11. Common Toilets & lobbies, if any.
12. Lift and its machineries.
13. Generator etc (if any).
14. Intercom lines and cable TV wires.
15. Landscape Gardens.
16. GAS Bank and Power Back-Up for Common Areas
17. STP