Appoint the desired number of sales professionals/agents/sub-brokers or by whatever name called (“Appointees”) during the period of contract at the Second Party’s own responsibility, cost and expenses. For the removal of doubt, it is clarified that the First Party shall not have any relationship whatsoever with any such Appointees of the Second Party or any of the associates, employees, etc., of the Second Party and the Second Party shall alone be responsible on their account or to them as the case may be.

The Second Party agrees and undertakes that it shall at all times: Ensure timely and accurate implementation of the legal documentation to be executed between the First Party and the buyer/customer such as Booking Form, Term Sheet, Allotment Letter, Agreement for Sale, Sale Deed and all other requisite documents, in the prescribed Format of the First Party without any modification/amendment thereto whatsoever.

The First Party authorizes the Second Party to place its sign-board as a “Distribution Partner” for the Permitted Units of the Projects referred to herein during the term of this Agreement. Upon expiry or earlier termination of this Agreement, the Second Party and/or its Appointees shall immediately cease to use such signboards or other material that may indicate their association with the First Party.

The Second Party is strictly prohibited for issuing or publishing any statements in print or audio-visual media or through any other mode relating to the said Projects either in its own name or on behalf of the First Party without the express prior written consent of the First Party. The Second Party shall not use or cause to be used, any material or information whether oral or written, other than what is specifically provided by the First Party in the application form or official documentation or publications of the First Party for the said Projects.

The Second Party shall submit account payee Cheques/Demand Drafts/Pay Orders payable at par at such place and in such manner as directed by the First Party, from its customers against the facilitated bookings of the said Projects and submit such instruments to the First Party within the prescribed time and obtain appropriate receipt from the First Party. The Second Party is strictly barred from collecting or receiving cash against booking(s)/installment or from issuing receipts/acknowledgements to the customers in its own name.

Both parties hereby indemnify and undertake to keep its assignees, nominees and its officers/employees fully saved indemnified and harmless from and against all consequences actions, claims, loss (save and except business losses), liability, suits or proceedings arising on account of any breach or violation by either Party, its Appointees, associates, representatives, employees, etc., of the terms and conditions of this Agreement or any regulations or law for the time being in force or in the event that any of its representations or warranties being found to be untrue at any point of time or on account of the breach of any of its obligations hereunder. Either Party hereby accepts, acknowledges and understands that this indemnity would cover all acts of commission and omission on the part of the personnel, representatives and/or any other person claiming under either Party and the above obligations contained in this Clause shall survive the termination or closure of this Agreement.

That in the event the Second Party appoints any employees, agents, sub-agents or sub-brokers all such appointments shall be entirely at the risk and cost by the Second Party and the First Party shall not be responsible or liable to make any payment to such parties.

In the event of any dispute or difference between the Parties, with regard to interpretation of the terms of this Agreement, or performance of the respective obligations or any other issue arising between the parties out of this Agreement, the same shall be referred to and resolved through arbitration. The Parties shall appoint a sole arbitrator with mutual consent and in case therein no agreement on the name of arbitrator, then either Party can have the sole arbitrator appointed under the provisions of the Arbitration and Conciliation Act, 1996. Such arbitration proceedings shall be held in Mumbai for all proceedings, whether the same pertain to any Award or interim order of the arbitrator or under this Agreement, the Courts in Mumbai shall have exclusive jurisdiction.