HARYANA

9 523 40

RESIDBNTIAL tr'ACILITY AGREtrMENT

tn* O*****t

is m*de on

llo day of Oetober,2015

by end rmongct:

ZR Maregement Pvt. Ltd.r a subsidiary of Zocalo Realtech Pvt. Ltd., under the Companies Aot, 2013,
gmd having its present registered ofiico at 8B, Green View Aparfinents, 80 SFS Flats, Mayapuri Marg,
New Delhi - 110064 (hereinafter referred to as the *Operator" which expression shall, unless it be
rpugnant to the context or moaning thereof, include its successor or successors and assigns) of the First
?urt;

SND
rosident of Amir Manzil, 7f2 Civil Lines, Rampur, UP ftereinafter referrred to as the
of the Second Part;

Nadir Kharu
ilIr.
ftResident")
H

The Operator and the Resideot shall be individualty teferrcd to as a *Parly'and collectively as "Parties'.
H

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WHEREAS

A.

The Operator is in the business of providing residentiaVaccommodation facility.

B.

The Operator has taken up a residential facility as a lessee by executing a lease agreement dated
l3l08l21l5 ("Lease Agreement") with the owner of the property ("Landlord"), situated at 1'041, Sector
43, Gurgaon (hereinafter referred to as "Residential Facility").

C.

The Resident is desirous of living at the Residential Facility as set up by the Operator and avail
the services provided by the Operator under the terms of this Agreement.

D.

The Operator has agreed to permit the Resident to reside at the Residential Facility on the terms
and conditions of this Agreement.

E.

The Parties are entering into this Agreement to memorize their understanding of the terms.

NOW IT IS IIEREBY AGREED BY AI\D AMONGST TIIE PARTMS HT'.RETO AS T]}[DER:

I.

TERM OF'TIIE AGREEMENT

This Agreement has been entered into by and between the Parties for a period of 1 (One) year
commeicing from 116 October 2015 and expiring on l0t October 2016. The Agreement may be renewed
for a furthei period of one year on mutually agreeable terms and conditions and upon a request for
renewal in writing by the Resident. The Operator reserves the right to renew /cancel the Agreement as per
the terms detailed herein.

tr.
A.

ADI/flSSION,ACCOMMODATIONandCONSIDERATION

Admission

Upon signing of this Agreement, the Resident shall be granted permission to be admitted to the
Risidential Facility. Prior to admission, the Resident shall ensure that the following
documents/information is provided to the Operator:
- A self-attested copy of proof of identification and residence, which may include PAN Cardlvalid
Aadhaar Card./Passport/Driving License;
- If the Resident ls a student, copy of the student identity card issued by the college/educational

institution;

If the Resident is employed, then appointment letter issued by the employer;

- If Resident runs/operates a business, valid proof of the same;
- Name and contact information (residential address, mobile number and email address) of any person
who lives in the same territorial city limits as the Residential Facility i.e. DelhilGurgaon who can be
-

contacted in case of any emergency ('?erson to contacf')-

The Resident understands and agrees that any material misrepresentation or omission made by the
Resident while providing the above information shall render this Agreement voidable at the option of the
Operator.

B.

Accommodation

The Resident shall occupy and use the designated space for the Resident in the Residential Facility along
with the furniture and fixtures in the Residential Facility as detailed in Exhibit I (*Unit"), subject to the
terms of this Agreement. The Resident shall also have access to the common areas of the Residential
Facility such as the kitchen, living room and hallways.
The Resident is free to decorate the Unit as he/she wishes, provided that they comply with the safety rules
as prescribed by the Operator. The Resident shall not make any structural or physical changes to the Unit
under any circumstances.

C.

CONSIDERATION

Security Deposit: Upon admission, the Resident shall remit a sum equivalent to I month rent as security
deposit to the Operator ("Security Deposit"). The Security Deposit shall be refunded to the Resident after
deducting any dues and adjustments at the time of termination of this Agreement.

Rent: The Resident shall pay a monthly rent of INR 24,000 ("Rent") for a room on single occupancy
basis (Bed #07AB). The Rent shall be payable one month in advance during the period of stay of the
Resident, by 5* of every month ils per the English calendar. Additionally, on or prior to admission the
Resident shall also be liable to pay l(one) month advance Rent to the Operator.
The payment shall be collected through an online payment gateway which shall be linked to the
Resident's account or by other means of funds transfer, as per request of the resident, if needed. In case of
any failure on part of the Resident to transfer the rent in the prescribed time, the Operator shall have the
right to terminate the agreement and the Resident shall be given a 15 days' notice to vacate the
Residential Faciliff and the outstanding dues would be adjusted against the Security Deposit.

m.

Services

Upon signing of this Agreement, the Resident shall be provided with certain basic facilities as entailed
under Exhibit II (Part-A) of this Agreement and certain additional facilities and services as entailed under
Exhibit II (Part-B) of this Agreement, which shall be subject to extra charges and shall not be included in
the amount of rent.

TV.

RIGIITS AND RESPONSIBILITIES

The Resident agrees to abide by and conform to the rules, regulations, policies and principles as they now

exist for ttre operation and management of the Residential Facility run by the Operator and such
reasonable amendments to the above as the Operator may subsequently adopt.

A.

No Proprietary Interests. The Resident's rights under this Agreement are the rights and
privileges expressly granted, and do not include any proprietary interest in the Residential Facility or
other properties of the Operator.

B.

No

assignment/transfer

of rights. The rights and privileges associated

with

residence/accommodation in the Residential Facility are personal to the Resident and cannot be
assigned/transferred to any third-party by contract or by any proceeding under any law or otherwise.

Page 3

C.

Absences from the Residential Facility for a long duration. The Resident is responsible for
paying the rent even when the Resident is absent from the Residential Facility.

D.

Guest stay at the Residential Facility. The Resident is discouraged to invite guests to their
rooms/ Residential Units and ovemight guests are not entertained. Guests can be entertained in the
Lounge area of the properly upto reasonable hours in the night. Guests in the Residential Facility are
expected to be responsible and demonstrate good conduct. The Operator shall be entitled to request the
guest to leave the Residential Facility in case of any objectionable activity reported by the other residents
in the properly, neighbours or society administration.

E.

Liability for Damage. The Resident agrees to maintain their Unit in a clean, sanitary and orderly
condition. The Resident shall reimburse the Operator for any repair to the Unit owing to any act of the
Resident other than repair or replacement of fumishings and fixtures owned by the Operator in the Unit
above and beyond ordinary wear and tear. In addition, the Resident shall reimburse the Operator for any
loss or damage to the Operator's real or personal property outside of the Resident's Unit caused either
intentionally or negligently by the Resident or by persons on the premises to visit the Resident.

F.

Property of Resident. The Operator is not responsible for loss of any property belonging to

Resident due to any cause unless such loss is caused by the negligent or intentional acts of the Operator or
its employees or agents-

G.

Discouragement of Illegal Activities. Resident or a guest or other person under the Resident's
control shall not engage in illegal activity, including drug-related illegaVimmoral activity, on or near the
Residential Facility. Resident, or a guest or other person under the resident's control shall not engage in
acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms,
prostitution, criminal street gang activity, intimidation, or any other breach of this Agreement that
otherwise jeopardizes the health, safety or welfare of the co-habitants in and near the Residential Facility.
A single violation of this provision shall be deemed a serious violation and material non-compliance with
the Agreement and shall constitute a good cause for immediate termination of the Agreement, the
Resident shall be liable to vacate the Residential Facility within 3(three) days of such termination.

V.

TERMINATION OF AGREEMENT

A.

By the Resident. Subject to the lock-in period of 180 days from the day of admission,
Resident may terminate this Agreement at any time, by giving thirty (30) days written notice to

the
the

Operator. The Resident's notice must identifu the date when the termination is to become effective, which
date must be at least thidy (30) days after the date of the notice.

B.

By the Operator. The Operator may terminate this Agreement at any time, by giving thirty (30)
days written notice to Resident.

In addition to the above, the Operator shall be entitled to terminate this Agreement on 15 (fifteen) days
wriffen notice to the Resident for reasons including, but not be limited to, the following:
- Failure to pay the rent or additional charges for services the Resident has requested within ten
(10) days ofthe due date;
- Failure to comply with the Operator's policies for running the Residential Facility.
Further, the Operator shall be entitled to terminate this Agreement on 3 (three) days written notice to the
Resident for reasons detailed in IV G-

Page4

horisSd

C. Vacating Apartment. Upon termination of this Agreement, the Resident shall vacate the
Resident's Unig remove all of the Resident's belongings from it, and return the key, if any provided to the
Resident's Unit by the Operator. Until the Unit is vacated and all of the Resident's belongings are
removed from the Unit, the ResidentlRepresentative shall remain liable for the rent.
D.

Release from Obligations. Any termination of this Agreement under this Section shall terminate
the Operator's obligation to furnish accommodations and services to the Resident under this Agreement.

vr.

LIMITATION ON LIABILITY

The liability of Operator to Resident in case of any default by the Operator under the terms
Agreement shall be limited to Rent paid by the Resident.

YIL

of this

1\,IISCELLAI\iEOUS PROYISION

A.

Waiver. The failure of the Operator in one or more instances to insist upon the strict
performance, observance or compliance by the Resident with any of the terms and provisions of this
Agreement, shall not be construed to be a waiver or relinquishment by the Operator of its right to insist
upon strict compliance by the Resident with all of the terms and provisions of this Agreement.

B. Severability. If any provision of this Agreement is determined by a court of competent

jurisdiction to be unenforceable, this Agreement shall be read as if such unenforceable provision was not
included and all other provisions of this Agreement shall continue in full force and effect.
C.

Entire Agreement. This Agreement

represents the entire agreement between the Parties and

all prior written or oral agreements regarding the subject maffer of this
Agreement including, but not limited to, any representations made during any discussions or negotiations
whether written or oral.
supersedes and replaces any and

D.

Governing Law. The provisions of this Agreement, the rights and obligations of the Parties
under those provisions, and any claims or disputes relating thereto, shall be governed by and construed
under and in accordance with the laws of lndia.

E.

Jurisdiction. The Parties irrevocably

agree that any legal action, suit or proceeding arising out

of

this Agreement shall be brought solely and exclusively in the courts of DelhiAICR, India.

Arbitration. Any dispute or difference arising between the Parties shall be resolved amicably at
F.
the first instance. If the Parties are unable to amicably settle the dispute, any Party to the dispute shall be
entitled to serve a notice invoking this section and making a reference to a sole arbitrator to be mutually
agreed by and amongst the Parties. The arbitration proceedings shall be held in accordance with the rules
laid down by the Indian Arbitration and Conciliation Act, 1996 and the place of arbitration shall be
DelhiA.lCR, India. The arbitration proceedings shall be conducted in the English language.

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G.

Binding Document. This document is binding between the Parties with respect to the subject

matter hereof.

IN WITI\IESS WIIEREOF, the Parties sign this Agreement as of date first written above:
OPERATOR:

nry'fr&

Name: Mr. Amber Sajid

Director (Authorized Signatory)

Name: Mr. NadirKhan

Page 6

EXIBIT

FT]RNITT]RES AND FDilI]RES PROVIDED BY OPERATOR

FurniturelF ixtures
Inside the room
Sinsle Bed
Almirah / Wardrobe
Mattress
Bedside Table

Pillow

Ouanti8

1
1
1
1
1

EXHIBIT-II
PART-A
BASIC FACILITTES

l.

Amenities and Maintenance. The Operator shall provide for basic amenities such as
water and electricity and shall be responsible for the maintenance and repair, if any, of
the Residential Facility.

2.

Facilities. The Operator shall provide for the following facilities in the Residential
Facility:

Access to lounge with facilities for socializing, gaming and entertainment

Internet- Wi Fi

Newspaper and magazines

Operator shall provide the mobile app for resident interactions
Housekeeping services
Unlimited Hot Beverages (Tea and Coffee)

a
a
a
a
a

Breakfast
CoHo Advantage Discounts (to be communicated from time to time)

PART-B
ADDITIONAL FACILITMS

l. Facilities. The Operator shall not be liable to pay for the following facilities in
Residential Facility and the user shall be liable to pay the following:
a
a

Electricity Charges for AC (on actuals as per submeter reading)

Meals (dinner and weekend lunch) Subscription (as communicated by the vendor)

Page B

the