DEED OF AGREEMENT

This Deed of Agreement is made on this the 18th day of November, 2020;

BETWEEN

Concord Real Estate & Development Ltd., a company incorporated under the Companies
Act 1994 having its registered office at "Concord Centre", 43, North C/A, Gulshan-2, Dhaka-1212,
Bangladesh hereinafter referred to as the “Developer” on the
………………. 1st Party;

AND

1. ABDUL MOMEN, S/O. Abdul Mannan, NID :2695045903938, 2. NAHARUMA AIVE

HYDER CHOWDHURY, S/O. Abdul Momen, NID :2695045903940,by faith, Muslim, by
Nationality, Bangladeshi of Present Address: FLAT # 901, BUILDING # A, THE GRAND
TERRACE 45, NEW ESKATON, DHAKA 1000,Permanent Address : MADDHAPARA, JUBLEE
ROAD,BRAHMAN BARIA, hereinafter referred to as the “Purchaser” on the –
………... … 2nd Party;

PREAMBLES:

Whereas the First Party purchased the scheduled plot by a Registered Saf Kabla Deed Being No.
3083 dated 16.05.2010/17.05.2010. Accordingly, the First Party Mutated their name in the records of
Ministry of Housing and Public Works vide mutation letter memo No. Section 7/L Dhan-
04/2003/1622 dated 05.11.2013 and Tahshil Mutation was completed in the concerned A/C (Land)
office vide Mutation Case No. 1564/13-14 dated 02.01.2014 and paid rent up-to-date. Thus the First
party developer became the sole and absolute owner of the scheduled plot.And whereas, the First
party has developed their said plot into a 14-storied apartment building consisting of 26 (Twenty Six)
apartments as per approved plan of RAJUK being No. ivRDK-bAA-3wm-1-G-114/10/10¯’vt,
ZvwiL:11/1/2012Bs and named the project as “CONCORD TARULATA”;
And whereas, the First party has now offered the said apartments for sale to intending buyers;

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AND WHEREAS the Purchaser having seen the approved plan, the architectural and structural
plans of building and construction designs and the specifications of the buildings and individual
apartment units within such buildings and upon inspection of the documents of title, and the Power
of Attorney is satisfied with such layout, plan and specifications and the right, title, interest and
authority of the Developer to enter into this Agreement for Sale of Apartment has agreed to purchase
one such apartment building in the said "CONCORD TARULATA" on the Terms and Conditions
appearing hereinafter;

NOW THEREFORE, in consideration of the price, the covenants and the terms and conditions
being agreed between the Parties;

THIS DEED WITNESSETH and it is hereby mutually agreed by the Parties as under:

1. Interpretation
Unless the context does require otherwise specifically, the following terms as used in this
agreements and in subsequent amendments, extensions, modifications, renewals, and supplements
shall have the following meanings:
“Act” means the Real Estate Development & Management Act, 2010.
“Approved Plan” has the same meaning as defined in the Act.
“Agreement” shall mean this Agreement, including the particulars, recitals and the Schedules
attached hereto.
“Apartment” shall mean an unit of apartment space built in an Apartment Building according to
the approved plan of RAJUK of such measurement and specifications as mentioned in the
approved plan.
“Authority” has the same meaning as defined in the Act.
“Common Space” shall have the same meaning as defined in the Act.
“Floor Space” shall have the same meaning as defined in the Real Estate Development Act.
“Saleable Area” shall mean the aggregate of the floor space and proportionate area of the
common space as per division agreed by the parties and mentioned in Clause 2 hereof.
“Purchase Price” shall mean the price of the apartment in relation to the saleable area agreed
between the parties along with the proportionate share of undivided land and the price of a
reserved car parking as detailed in clause 3 hereof.

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2. Description of the Apartment and division of the saleable area:
Subject to the Terms and Conditions of this Agreement the Developer has agreed to sell and
the Purchaser has agreed to purchase the following real estate :
Project Location : Plot # 622(old) / 27 (New), Road # 20(Old), 10/A
(New), Dhanmondi Residential Area, Dhaka
Apartment No. : 10-B (10th Floor)
Name of the building : CONCORD TARULATA
Floor Space : 4475 sft. (Approx.)
Reserved Car Parking : 02 (Two)
With proportionate approximate share of the undivided land.
3. Purchase Price:
The price of the apartment space for the saleable area along with proportionate share of
undivided land and 02 (Two) car parking spaces is agreed at Tk. 7,36,47,500/- in words (Taka
Seven Crore Thirty Six Lac Forty Seven Thousand Five Hundred) only
Break-Down:
(a) Apartment price : Tk. 7,20,47,500/-.in words (Taka Seven Crore Twenty
Lac Forty Seven Thousand Five Hundred) only
(b) 02 Car parking price : Tk. 1,600,000/- in words (Taka Sixteen Lac) only
(c) Total price : Tk. 7,36,47,500/- in words (Taka Seven Crore Thirty Six Lac
Forty Seven Thousand Five Hundred) only
(d) Price per square feet :Tk. 16,100/- in words (Taka Sixteen Thousand One
Hundred)only
4. Completion Date:
The apartment space is expected to be ready for delivery by August, 2021. There shall be
grace period of six months and the exact date of delivery shall be notified to the Purchaser in
writing at least 30 days prior thereto.
5. Payment Schedule:
The Purchaser shall pay the Purchase Price as per the following schedule:

Earnest Money: Tk. 20,00,000/- Paid

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 Down Payment: Tk. 1,00,00,000/- Paid

Installments :
1st installment Tk. 65,00,000/- Within 15-12-2020
2nd installment Tk. 65,00,000/- Within 15-01-2021
6. 3rd installment Tk. 65,00,000/- Within 15-02-2021
4th installment Tk. 65,00,000/- Within 15-03-2021
5th installment Tk. 65,00,000/- Within 15-04-2021
6th installment Tk. 65,00,000/- Within 15-05-2021
7th installment Tk. 65,00,000/- Within 15-06-2021
8th installment Tk. 1,61,47,500/- Within 15-07-2021
Mode of payment
All payment by the Purchasers shall be made to the Developer at its Head Office on or before
the stipulated date by Bank Draft or Pay Order against proper receipt. Payment by cheque
shall be valid only if money against the same is received by the Developer/First party within
the time as stipulated in the foregoing clause 5. Under no circumstances any payment shall be
tendered in cash.
7. Consequences for delay or default in payment by the purchaser :

(a) For delay in making payment of any determined amount or installment within the specified
time the developer may cancel the allotment by giving 60 days notice. The purchaser,
however, may avoid cancellation by paying interest @ 10% on the amount of installment for
the delayed period within the 60 days of the notice period. If however, the purchaser delays
payment on three occasions his allotment shall be cancelled without notice.

(b) That if the client pays installments as per schedule but project is delayed beyond the
completion date including the grace period as per clause 4 of this Agreement then the
developer will be liable to pay compensation to the buyer at the rate of Tk. 1,07,000/- in words
(Taka One Lac Seven Thousand) only per month.
8. Manner of getting refund by the Purchaser :
If for any reason, the purchaser wants to get refund of money paid by them by cancelling the
allotment, they will have to make the request in writing; in such case, the Developer shall
deduct 10% from the amount paid and refund the balance amount at a time within three
months by cheque or pay order.

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9. Delivery of possession:
Possession of the apartment space shall be handed over to the purchaser as per terms of
clause.4 of this agreement. In case the developer fails to deliver possession of the apartment
space within the time stipulated in the agreement, all payments made by the purchaser, as
prescribed by the Act, shall be refunded to the purchaser within six months in maximum three
installments by A/C Payee Cheques.
If the purchaser fails to take possession within the time specified in the Notice given by
Concord, the Developer will charge the purchaser Tk.200/= (Taka Two Hundred) only per day
of delay after the said period for 30 (Thirty) days for protecting, guarding and care taking of
the demised apartment space and Car Parking on the Purchaser’s behalf for up to 60 (Sixty)
days from the date of the notice. After the expiry of the said period of 60 days the Developer
shall be absolved of every responsibility for giving possession and care taking of demised
apartment space and car parking(s).
10. Adjustment of actual area :

If at the time of delivery of possession, the floor space of the apartment is found more or less
on actual measurement the price shall be readjusted at the rate of the agreed price.
11. Optional Work:

If the purchaser wishes to supply him own finishing materials to the Developer during
construction of the apartment space, then the Developer may accept this request of the
customer if the construction Schedule of the Developer so permits and provided the purchaser
supplies the finishing materials as per the Schedule date given by the Developer. If the
purchaser fails to deliver the finishing materials as per the Schedule date then the Developer
may complete the work as per its standard specifications. In the event that the purchaser does
supply their own finishing materials, he shall be entitled to a refund of the construction
materials that he have substituted. The developer will have to refund upto 85% (eighty five
percent) of the price of the substituted construction materials to the purchaser. For all works
done on the request of the purchaser beyond the standard specifications, the Developer may
charge 25% (Twenty five percent) as service charge on the actual cost.
12. Developer’s liability for defects and maintenance:

(1)The Developer shall remain liable for a period of two years from the handing over of the
apartment space for repairing at their own expense any defect in construction.
(2) It is mutually agreed that the Developer shall carry out maintenance of up to one year
from the date of commissioning of the followings:
a. Lift
b. Generator
c. Electricity

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 d. Plumbing
13. Registration of Apartment space
That after receiving all payments as stipulated in this agreement or under any other subsequent
agreement or arrangements between the parties the Developer/First party shall arrange for
execution and registration of the Sale Deed in respect of the designated apartment space in
favour of the Purchaser. And the Purchaser agrees to bear and/or pay all related fees, cost of
registration, stamp duty, legal fees and other incidental charges along with payment of VAT
and any other Taxes and incidental expenses.
14. Force Majeure
That the Developer shall not be liable for any loss caused by Force Majeure or other
unforeseen circumstances like Covid-19 or any other pandemic, epidemic, public health
hazard, lockdown, containment, quarantine or similar government restrictions, riot, disruption
of transport system, blockade, hartal, strike, unrest war, strikes, lock-out, civil commotion,
labour disputes and non-availability of construction materials or any fitting or fixture or not
getting utility connection from various authorities making it impossible for the
Developer/First Party to construct the said apartment or deliver possession of the designated
apartment in the said building to the Purchaser(s)/Second Party within the stipulated time.
15. Purchaser’s Covenants & Warranties

The Purchaser hereby represents and warrants to, and covenants with the Developer as follows,
which knowledge the Developer is relying upon:
i) That the Purchasers undertakes not to reconstruct, modify, remove or alter the apartment space
so as to materially change its design and character in contrast with other apartment space.
ii) That the Purchasers shall use the apartment space only for residential purposes and shall permit
its such use as not to cause any nuisance or disturbance to the other purchasers. The Purchaser
shall not commit any act which shall be or result in a nuisance, annoyance, disturbance,
inconvenience or damage to the neighboring Units, the Common Property, the Building, and
the neighborhood.
iii) The Purchaser shall not use the Unit for any unlawful or immoral act or purposes;
iv) The Purchaser shall comply with the provisions of all laws.
v) The Purchaser acknowledges and agrees that the Purchaser is aware that the plans, colors,
materials, finishes equipment, fixtures and specifications pertaining to the Unit to this
Agreement and the Building (including architectural, structural, landscaping, grading,
mechanical or other plans) as illustrated in any sales brochures, models or otherwise are
indicative only and that the Developer reserves the right to change, and substitute any of these
with others as are of equivalent standard, without any prior notice. The Purchaser shall have no
claim against the Developer for any discrepancies between the information provided and
relating to the Unit and the completed Unit. Except as specifically set out in this Agreement,
the Developer makes no representations and gives no warranties in respect of the Unit or the
Building or in respect of anything relating thereto.
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vi) The Purchaser shall become a member of Apartment space Owners’ Association, which will be
formed by the owners of the apartment space for the management of common service such as
staircase, pumps, security, lift, compound maintenance etc. The members will abide by the
rules framed by the Association and each Purchaser shall deposit an amount of Tk.2,00,000/-
only or at actual whichever is higher towards as the reserve fund of the society before taking
over the possession of premises. Thereafter, they must pay a monthly “service charge” as
decided by the apartment space Owners’ Association.
16. Developer’s Covenants and Warranties
i) The Developer shall deliver the Unit to the Purchaser in finished condition, clean and ready for
occupancy.
ii) The Developer undertakes to use its best endeavors to secure warranties from the
manufacturer of all plants and appliances installed in the Unit, if any, and hereby assign the
benefit of such warranties to the extent permitted. The Purchaser acknowledges and agrees that
Developer shall have no responsibility with respect to the appliances.

17. That the purchaser shall pay at actual basis for utility connection fee for the aforesaid
designated apartment space.
18. Miscellaneous
i) This agreement and the documents referred to in this agreement contain the whole agreement
between the parties relating to the transaction contemplated by this agreement and supersede all
previous agreements, arrangement or understanding between the parties relating to this
transaction.
ii) This agreement may be amended only by an instrument in writing and signed by each of the
parties.
iii) No specification, descriptive material, written or oral representation, correspondence or
statement promotional or sales literature shall form part of or be incorporated by reference into
this agreement.
iv) This agreement and the rights and obligations of the parties hereunder shall be governed by and
construed, interpreted and enforced in accordance with the laws applicable in Bangladesh.
19. Notice :
Any notice or other communication to be given under this agreement shall be in writing and
shall be delivered personally or sent by courier, registered or facsimile or e-mail. Any such
notice shall be deemed given the same day (a) when personally delivered (b) seven (7) days
after mailing by registered mail, (c) three days after mailing by courier or (d) one day when
transmitted by facsimile. Unless otherwise changed by notice delivered in the manner provided
above, the addresses to which notices and other communications shall be those set forth in the
Application Form.
20. Arbitration
Any dispute arising out of or in connection with this Agreement and the matters contemplated
therein shall be settled amicably between the parties. In the event that a dispute cannot be
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 settled amicably the matter shall be settled by arbitration according to the provisions of the
Arbitration Act.

SCHEDULE OF THE PROPERTY

1 (One) Apartment space to be constructed on the 10 th floor, Unit Type: 10-B, measuring
approximately 4475 square feet (Four Thousand Four Hundred Seventy -Five square feet) and 02
(Two) car parking spaces including common spaces with undivided and undemarcated
proportionate share of land 1.05 katha (Approx) on which the Apartment constructed at
"CONCORD TARULATA" located at Plot # 622(old) / 27 (New)., Road # 20(Old), 10/A (New),
Dhanmondi Residential Area, Dhaka, herein referred to as the "Schedule property".

A
E W
B

Road#10/A

IN WITNESS WHEREOF, the parties hereunto put their respective hands and seals on this
Agreement on the date 18th day of November, 2020; mentioned at the outset in the presence of
witnesses.

_______________________________________________ _________________
Concord Real Estate & Development Ltd. Purchaser
(1st Party) (2nd Party)

Witnesses: Witnesses:

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1. 1.

2. 2.

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