2.4.1

The Seller shall, subject to consent from the Relevant Authority, transfer to the Purchaser the Freehold Interest in the Unit at the DLD as soon as reasonably practicable following the Completion Date and receipt by the Seller of the Purchase Price in full and in cleared funds, subject to:

2.4.2

The payment in full by the Purchaser of the Administration Expenses, Registration Fees, Service Charges, Late Penalties (if any) Master Community Service Charges and all other payments as required in accordance with the terms of this Agreement by the Purchaser;

2.4.3

The compliance of the Purchaser with all of the terms and conditions contained in this Agreement; and

2.4.4

Prior to registration of Title in the Unit at the DLD, the Seller may (subject to any law to the contrary) maintain an internal record of interests and payments in respect of all Units within the Development and the Purchaser shall pay all fees and charges (if any) of the Seller (to the extent permitted by law) in relation to any amendments requested by the Purchaser in respect of the details maintained in the internal records.

2.4.5

In case of resale, NOC charges shall will be charged as per prevailing authorities’ permission.

2.4.6

The Purchaser shall be responsible for all Registration Fees in respect of transfer of Title in the Unit to the Purchaser and shall reimburse the Seller for any such fees it may be required to pay. All payments required by this clause and clause 2.3.3 shall be made by the Purchaser to the Seller in cleared funds, upon demand from the Seller. It is anticipated that Registration Fees will comprise a minimum of four percent (4%) of the Purchase Price plus any other applicable fees (including but not limited to the Seller’s Administrative Expenses as they may be amended by the Seller from time to time in its sole discretion), but the Purchaser acknowledges that such fees may increase from time to time. These charges apply to all purchasers unless stated clearly by the developer in writing. At the time of signing this agreement, these charges are Aed-5,500/=.

2.4.7

The Purchaser acknowledges and accepts that it will not receive final registered Freehold Interest in the Unit until such time as the total Purchase Price and/or all other payments due from the Purchaser under the Agreement have been paid in full.

2.4.8

The Purchaser shall supply any information and sign any document as may be required by the DLD, the Seller or any other Relevant Authority at any time to enable the transition of the Registration into freehold transfer of title to the Property to the Purchaser and to enable registration of the Residential apartment Lease and/or the Operator’s Agreement.

2.4.9

The Purchaser shall accept transfer of Title to the Unit subject to such easements and restrictions benefiting or burdening the Unit specified in this Agreement or as imposed by any Relevant Authority.

2.4.10

The Purchaser is aware of the fact that on the Completion Date and for some time thereafter, the Common Property, other units in the Building and the Master Community as a whole may be incomplete and that inconvenience may be suffered as a result of the building activities which shall be in progress. The Purchaser shall have no claim against the Seller for such inconvenience; the Seller however shall use its best endeavours to keep such inconvenience to a minimum.

2.4.11

Once the Tittle Deed is issued, Seller is relieved from all responsibilities mentioned in this agreement. Purchaser confirm this and is relieving Seller against receiving The Tittle Deed.

3.1.1

Subject to the Purchaser paying all such instalments of the Purchase Price due on or prior to the Completion Date and not being in default under this Agreement, the Seller shall use all reasonable endeavours to complete the construction of the Development by the Anticipated Completion Date.

3.1.2

The Purchaser is not allowed to sell the unit to any 3rd party prior to completion and handover of the project or without prior written consent of the developer.

3.1.3

The Anticipated Completion Date may be extended by the Seller at its sole discretion at any time for any period or periods up to a maximum of twenty-four (24) calendar months for convenience and/or as may otherwise be extended by Force Majeure in order to complete the construction of the Unit and the Development.

3.1.4

The Seller shall not be liable to compensate the Purchaser for any losses, costs, expenses or damages including any consequential, economic or indirect losses resulting from any delay in the Anticipated Completion Date and/or the Completion Date other than the remedies specifically set out in clause 3.1.3 above and the Purchaser expressly waives any rights to claim any additional or alternative compensation or remedies.

3.1.5

In addition to the above, and without prejudice to the Seller’s other rights contained herein, the Seller may extend the Anticipated Completion Date to the extent the Purchaser delays any payments required hereunder.

3.1.6

The Seller however shall not be responsible if the delay in handing over the possession of the Unit is due to delay in supply of various facilities like water, electricity, occupancy certificates, Empower connection, gas connection, no objection certificates, by the Competent Authorities, Etc.

3.1.7

The Seller may by giving the Purchaser not less than twenty (20) Working Days’ notice in writing require the Completion Date to be brought forward up to a maximum period of Twelve (12) months earlier than the Anticipated Completion Date (“Early Completion Notice”) and the Purchaser will be obliged to accept such Completion Date. Upon the issuance of the Early Completion Notice by the Seller to the Purchaser, the Purchaser will be bound to complete on the Completion Date stipulated in the Early Completion Notice and will be required to make any of the payment outstanding on the Completion Date as per the pursuant payment plan under this Agreement. (Of the balance of the entire Purchase Price outstanding regardless of the amounts due on the instalment date(s) under the Payment Term.)

4.1

The Purchaser will be entitled to One-Time Inspection of the Unit and will be accompanied by a representative of the Seller at any reasonable time determined by the seller notified by the Seller to the Purchaser. At such time, the Parties will prepare and sign a Schedule of Defects.

In the event that the Purchaser fails to attend the Unit Inspection to prepare the Schedule of Defects at the date and time specified, then the Seller may prepare the Schedule of Defects on behalf of the Purchaser and the Purchaser shall not raise any objection and waives all rights of objection to this.

4.2

The Seller will as soon as reasonably practicably use all reasonable endeavours to procure the relevant construction contractor to remedy those items listed in the Schedule of Defects provided always that the Purchaser shall not be entitled to retain any portion of the Purchase Price in respect of the Schedule of Defects and the Unit Handover Date shall not be delayed due to the existence of any items in the Schedule of Defects.

4.3

In the event of any dispute in respect of the Schedule of Defects or the rectification of items as listed therein, a decision by the Project Architect will be final and binding on the Parties. In all other respects, the Purchaser shall be deemed to have accepted the physical condition of the Unit on the Completion Date.

4.4

In all other respects the Purchaser will be deemed to have accepted the physical condition of the Unit. The Purchaser acknowledges that except for this one inspection, the Purchaser shall not be allowed access to the Unit or the Development prior to the Unit Handover Date.

4.5

It is understood by the Parties that the Purchaser shall not be obliged to obtain the Building Completion Certificate from the Concerned Authorities in order to invite the Purchaser for the Snagging Checks and the Seller shall be authorized to invite the Purchaser for the Snagging checks upon certification of 100% works by the consultant towards the contractor and Seller.

4.6

The Purchaser hereby fully understands and accepts that in the event where the Payment due to be paid towards the Unit are not fully paid by the Purchaser for whatsoever cause, the Seller in its sole and absolute discretion may not elect to invite to the Purchaser for the checking of the Snagging works and where the outstanding amounts due to be paid towards the unit are not paid by the Seller within 7 days from the date of the building completion notification by the Seller, the Seller shall be excused from the obligation of the snagging thereafter and the Purchaser fully covenants that the right for the snagging checks and fixture shall be completely lost by the Purchaser.

4.7

The Parties hereby collectively covenant and legally oblige that in the event where the Purchaser may discover any deficiencies and/or defects in the Structure of the Property, the Purchaser shall hold the Seller harmless from any such defects and the Liabilities shall stand with the Contractor of the Property, and in the event where the Purchaser may seek to claim any remedies for structural defects, the Purchaser shall raise a specific request to the Contractor. It is further agreed by the Purchaser that Structural Defects discovered by the Purchaser shall be accompanied and recognized and validated by a registered engineer and/or consultant and shall be supported by a professional report in order to request the remedy from Contractor.

4.8

At such inspection, the Purchaser may notify the Seller of any defects or deficiencies in the building works or the Unit and the Parties shall sign a schedule of Defects (“Schedule of Defects”). In the event that the Purchaser fails to attend the scheduled inspection of the Unit, then the Seller may inspect the Unit and prepare the Schedule of Defects on behalf of the Purchaser and the Purchaser shall not raise any objection and waives all rights of objection to this.

4.9

The Seller shall deliver the Schedule of Defects to the appropriate building contractor and thereafter shall take reasonable steps that the Schedule of Defects is remedied. If the Purchaser does not produce the Schedule of Defect at the time of inspection, it shall be deemed to have accepted and been satisfied with the condition and standard of the Unit.

4.10.1

The Seller shall notify the Purchaser thirty (30) days prior to the date that the Seller expects the Completion Date to fall on and the Purchaser shall settle all outstanding sums under this Agreement (including without limitation the payment due on completion under the Payment Terms) prior to the date specified in that notice. The Purchaser acknowledges and accepts that the Units may be handed over in batches for administrative purposes and therefore to the extent the date the Unit will be handed over differs from the date previously notified, then the Seller may also notify the Purchaser of the expected Unit Handover Date by seven (7) days prior written notice, and such date may vary from the expected Completion Date. The Purchaser shall, at the time and date for the handover of the Unit specified by the Seller, take possession of the Unit keys and owner’s manuals and if necessary, attend to the inspection under clause 3.2.

4.10.2

At the time of handing over the unit the purchaser agree to pay the Seller AED 9,999/- as a administration charges for snagging and handing over. Purchaser agree that these are reasonable charges for such services provided by the seller.

4.10.3

The Purchaser may, from the Unit Handover Date subject to complying with all its covenants and obligations contained in this Agreement and the Master Community Declaration, peacefully hold and occupy the Unit. Notwithstanding the Completion Date being achieved, the Purchaser shall not be entitled to occupy the Unit all such instalments of the Purchase Price due on or prior to the Completion Date ,12 months service charges and all other payments as required by this Agreement have been paid to the Seller in full.

4.10.4

At the time of Handover, Unit will be given Fully by Seller. The furnishing will be done as per Residential apartment standards.

4.10.5

The Seller has an option to the upgrade the Purchasers inventory by switching the Purchaser in any other project for equivalent value, as and when it will be appropriate without any objections from Purchaser.

4.10.6

The Seller shall handover and grants possession to the Purchaser on the Unit Handover Date and all risks and obligations in the Unit shall transfer to the Purchaser on and from such date. Any failure by any Owner to take handover and/or possession on the Unit Handover Date does not affect or alter the transfer of risk in the Unit to the Purchaser and, unless otherwise agreed, the Purchaser shall insure the Unit itself on and from such date, and shall be responsible for all obligations including the payment of Master Community Service Charges in respect of the Unit. The Seller shall be entitled to (but not obligated to) decline to hand over possession and occupation to the Purchaser if the Purchaser has failed to make all of the payments required herein until handover Date or has failed to sign any required documentation (including but not limited to a Declaration of Adherence) or comply with any other provision of this Agreement or Provide PDCs for the remaining payment plan as mentioned within this agreement.

4.10.7

In the event that Purchaser has bought the unit on post-handover payment plan, the Purchaser is required to provide PDC of bank regulated by Central Bank of UAE for the entire post hand over period in his personal capacity. In absence of PDC handover will not be given till the completion of payment. This rule is equally applicable to both local and overseas Purchasers.

4.10.8

Residential apartment Management charges will be charged by Residential Apartments operator or Manager who is managing Apartment, and those charges on pro-rata basis, charged on square footage of tittle deed will be payable by Purchaser at the time of occupying property and this charge will be Invoiced on quarterly basis.

4.10.9

Service charges will be calculated and due by the Purchaser from the date of issuance of the Building Completion Certificate by Trakhees authority.

5.1

The Purchaser can rent this unit out to any 3rd party, after acquiring a NOC from the developer

5.2

The Service charges and Residential apartment Maintenance charges will be the sole responsibility of the Purchaser of the unit.

5.3

The Purchaser is not allowed to rent the property out for commercial use without prior approval / NOC from the Developer.

5.4

The Purchaser may opt to enter into a rental pool or assured rental agreement with the seller. If such offer is made by the seller this offer will be valid for 30 days from date of notification and will be deemed null and void if the buyer has not responded in writing to the offer by the seller. The Purchaser if opt for rental pool offer, then will issue a rental Power of Attorney duly notarized by Dubai Notary Public for the management of assured rental property including the collection of rents in its own name.

6.1

The Seller shall be able to vary any of the following and the Purchaser shall not have any Claim in respect of such variations and Purchaser is giving Pre-consent on following variations and changes if they occur. The Purchaser hereby understands and acknowledges that the Seller reserves the right to alter, change, amend, and/or otherwise:

6.1.1

Fixtures, fittings and equipment in the Common Areas;

6.1.2

Elements in the Unit specifications provided that the Seller shall substitute such materials with other materials that are of equivalent or superior standard and which are readily available in the market place;

6.1.3

The Purchaser acknowledges and agrees that the Seller may from time to time, in its discretion or as required by any competent authority, change, vary or modify the plans, colours, materials, finishes, equipment, fixtures and specifications pertaining to the Project and the Apartment (including architectural, structural, landscaping, grading, mechanical or other plans) from the plans, colours, materials, finishes, equipment, fixtures and specifications existing at the time. The Purchaser hereby consents to any such changes, modifications and / or substitutions and agrees to complete this transaction notwithstanding modifications in accordance with the foregoing;

6.1.4

The Purchaser acknowledges and agrees that the Unit Area as listed in the Particulars is only an approximate and the Purchaser acknowledges that the actual Unit Area may vary from the Unit Area (“Actual Unit Area”).

6.1.5

If the Actual Unit Area, differs from the Unit Area by less than 5% then the Purchaser shall have no claim against the Seller for any deficiency in the size of the Unit. However, if the difference in the Actual Unit Area is more than 5% of the Unit Area, an appropriate proportional adjustment shall be made to the Purchase Price in accordance with the rate per sq. ft.

6.1.6

If the Actual unit area is more than the Unit area as mentioned herein, the Purchaser shall be liable to pay for the excess differential area to the Seller. Any increased amount will be due and payable upon the Completion Date, as notified to the Purchaser in writing.

6.1.7

The internal and exterior finishes of the Unit;

6.1.8

The location of the Unit;

6.1.9

The number of or the numbering of the Unit and/or Car Parking Spaces within the Development;

6.1.10

The size and location of the Common Areas and/or Car Parking Spaces;

6.1.11

Rights of way, easements in favour of the Master Developer and/or any relevant authority;

6.1.12

The name of the Development and/or any part of the Development, Name of the Development company, Name of the Building;

6.1.13

any variations required to comply with applicable provisions, covenants or approval from the Master Developer or any Relevant Authority; and

6.1.13.1   any other elements in this Agreement that are specified to be subject to any condition precedent where that condition is not satisfied or as are expressed herein to be able to be varied by the Seller pursuant to the terms of this Agreement.

7.1

Seller will make the project as Residential Apartments.

7.2

Kitchen appliances and Furniture as per Residential apartment Standards will be given by Seller.

7.3

The Seller shall procure the construction of the Unit in compliance with all building codes, rules, regulations and laws in force in the Emirate of Dubai.

7.4

The Seller shall have no further liability whatsoever to the Purchaser concerning defects in the Unit or the manner or standard of construction or design of the Unit following the handover of the unit after snagging.

7.5

The Seller shall (where possible) assign to the Purchaser all benefits it holds in any warranties from the manufacturers of all appliances, fittings or fixtures that are installed in the Unit.

8.1

The purchaser acknowledges and confirms, once this Sales and Purchase Agreement has been signed, this is a legally binding document. This agreement will stay binding on the purchaser irrespective of if the purchaser is able to or unable to procure a mortgage loan or finance from third party for their unit. The ability or inability to procure a loan will not have any effect on this agreement and the purchaser’s obligations under this agreement.

8.2

Subject to transfer of Title, the Seller shall reasonably assist the Purchaser with the registration of any mortgage over the Title to the extent such assistance is required by law. The Purchaser agree reimburse the Seller Minimum of AED 10,000/- and reasonable costs incurred in assisting the Purchaser including but not limited to legal costs, administration costs and costs incurred in liaising with the DLD, a financier or any relevant third party.

9.1

General Covenants

The Purchaser acknowledges, agrees and undertakes that:

9.1.2

The Unit is being purchased on its own behalf and the Unit will be beneficially owned by the Purchaser;

9.1.3

The Purchaser will repair and keep the Unit in a good and substantial state of repair and condition and keep the Unit clean, well maintained and in a tidy condition and at least once in every calendar month properly clean the windows or window frames and all other glass in the Unit;

9.1.4

The Unit will only be used for the Permitted Use and will comply with all applicable laws, decrees, regulations and by-laws including the Constitutional Documents;

9.1.5

It shall comply in all respects with the provisions of all laws, decrees, regulations, approvals, consents, licenses and rules now or from time to time in force and the requirements of any competent authority in relation to the Unit or anything done in the Unit;

9.1.6

All brochures, drawings, show Unit constructions, models, advertisements or other sales, marketing and publicity materials utilised by the Seller in connection with the sale of the Unit are by way of illustration only and the area and/or specification of the Unit may vary from that stated, and the Purchaser confirms that it has not acted or relied upon any representations made by or on behalf of the Seller except those contained in this Agreement;

9.1.7

The Unit forms part of the Master Community and accepts that building works in the Master Community will be continuing after the Unit Handover Date. The Purchaser has no right of claim or compensation against the Seller, Master Developer or anyone else arising from the continuation of the building works that do not form part of the Unit or from the Master Developer amending or varying the master plan or development plan.

9.1.8

The Master Developer is the developer of the Master Community in terms of which the Unit being purchased and land within the Master Community may be developed into a homogeneous residential, commercial, leisure and retail area, where certain facilities and amenities will be shared.

9.1.9

The Master Developer will remain the owner of the Common Use Facilities and the residual land in the Master Community. The Purchaser further acknowledges that for the proper and convenient management, administration, maintenance and control of the Master Community mutually beneficial restrictions are imposed on all the properties in the Master Community and on the Seller and Purchaser under the Master Community Declaration or Constitutional Documents (as appropriate) which establishes a mutually beneficial scheme for the management, administration, maintenance and control of the Master Community.

10

Service Charges and Other Payments

The Purchaser covenants to pay, indemnify and hold harmless the Seller, the Master Developer, the Manager and the Association (as appropriate) against the following:

• All Service Charges and Master Community Service Charges which shall be paid in accordance with the timings and requirements of the Constitutional Documents and the Master Community Declaration (as appropriate);
  
  
  
  
  
  
  
  
  
  
  
• All existing and future rates, taxes, duties, charges, assessments, impositions and other outgoings, Utilities charges (whether usage, account opening or other charges) maintenance fees, Dubai Municipality fees, Master Community Service Charges, Registration Fees and Administration Expenses which are now or may at any time be charged, levied, assessed or imposed upon, or payable in respect of, the Unit or upon the Owner or occupier of them and, in the absence of a direct assessment on the Unit, shall pay to the Association, the Seller or such other person authorised to collect such sums pursuant to the Constitutional Documents a fair proportion (to be reasonably determined by such person) of any such outgoings; and
• Deposits in advance for Service Charges and Master Community Service Charges if required by the Manager, the Seller or the Master Developer.
• The Purchaser or any subsequent (Third party) purchaser of the property must clear all service charges, Master Charges, and any other outstanding charges to obtain a transfer NOC from the seller (Developer).

11

No right of Set-Off

Subject to any contrary statutory right, the Purchaser shall not exercise any rights of set-off, deduction, abatement or counterclaim that it may have to reduce its liability for payment of the Master Community Service Charges, Service Charges or any other payments due under this Agreement.

12

Method of Payment

The Service Charges, Master Community Service Charges and all other payments to be made by the Purchaser under this Agreement, the Constitutional Documents or the Master Community Declaration shall be paid in such manner so that the person entitled to them shall receive full value in cleared funds on the dates when such payments are due.

13

Compensation on Late Payments

Without prejudice to any other right, remedy or power contained in this Agreement or otherwise available in Law to the Seller, the Master Developer or the Association (as appropriate), if any of the Service Charges (whether formally demanded or not) or any other sum of money payable to the Seller, the Master Developer, the Manager, the Association or to any other person entitled to such sums pursuant to the Constitutional Documents shall not be paid by the Purchaser (other than the Purchase Price) so that full value in cleared funds are received by the relevant Party within seven (7) Working Days of the date when payment is due, then the Purchaser shall pay agreed compensation on such sums at the Prescribed Rate on a pro rata basis from and including the date when payment was due to the date that the payment is received by the relevant persons entitled to such payments.

14

Law Changes and Amendments

The Purchaser acknowledges and agrees:

• That the laws of Dubai may change in respect of ownership in land and further regulations may be imposed in respect of jointly-owned property, the establishment of the Association and various other aspects of property sale and purchase in Dubai and the United Arab Emirates.
• That it is anticipated that the Constitutional Documents will be required by the DLD in respect of the establishment of a JOP scheme under the JOP Law.
• To accept and abide by the Constitutional Documents as will be prepared by the Seller, and further agrees that should such laws change thereby conflicting with this Agreement or the Constitutional Documents, then this Agreement and/or the Constitutional Documents or relevant part thereof shall be amended so as to make them compliant with the current and applicable law.
• That the Seller is entitled to amend this Agreement at its sole discretion prior to the transfer of Title in order to make it compliant with applicable laws as enacted and amended from time to time.

15

Constitutional Documentation

The Purchaser acknowledges that the terms and conditions provided in the Constitutional Documents issued by the Seller shall be determined in the sole discretion of the Seller (subject to any applicable laws) and the Seller is entitled to amend, vary or reissue such documents from time to time. The Purchaser acknowledges that the following conditions may be included in the Constitutional Documents:

• there shall be rules and regulations relating to the furnishings and fixtures (both interior and exterior) of the Units; and
• there may be separate funds for the maintenance, repair, future expansion and upkeep of various parts of the Development including (but not limited to) the Units and the Common Areas and such funds will be contributed to by the Purchasers in a manner calculated in the Seller’s sole discretion and/or as otherwise specified in the Constitutional Documents.

In addition to any other document required to be signed by the Purchaser, whether pursuant to this Agreement, the Constitutional Documents, the Master Community Declaration or any other document to which the Purchaser is bound, the Purchaser will on or prior to the Handover Date, or sooner if required by the Master Developer, sign and deliver to the Seller the Declaration of Adherence as evidence of his assumption of the obligations described in the Constitutional Documents and the Rules of Use of Owners.

IN WITNESS WHEREOF this Agreement has been executed by the duly authorized signatories of the Parties and is executed by the Parties on the date the last Party signs below:

وإثباتا لذلك تم تنفيذ هذه الاتفاقية من قبل المفوضين بالتوقيع حسب الأصول من الأطراف ويتم تنفيذه من قبل الأطراف من تاريخ اخر طرف وقع

1.1

1.1. Permitted Use of Unit: Residential Apartments

•  Personal Use: The owner is allowed to use this apartment for their personal use, but is not allowed to use it for commercial or business activities, without prior written consent of the developer or management which shall be appointed by the developer at the time of completion.
•  3rd Party Rental: The owner is allowed to at their Discretion rent this unit out to any third party for the use of Single-family use with no sub-divisions of the unit. The 3rd party is not allowed to run any commercial activities within the unit.
•  Pool Rental:The owner can additionally give the unit to the management within the building to rent and manage the unit. This can be done either at the time of handover or later at any point in time. The Management will add this unit to the rental pool of units and will rent it on a short-term basis such as any other lodging, accommodation. This will be governed by a separate agreement between the owner and the Management.

2

Inside Unit Swimming Pools:

The Owner of the unit is responsible to rectify and clear any issues or problems with the swimming pool within their unit. The owner will have 3 days to rectify the issue otherwise the owner’s association will rectify / fix the issue and bill it back to the client.

•  Service Charges of Pool: The owners association holds the right to add the swimming pool AMC to the service charges in which case the owner pre-approves such a decision, and has accepted such a situation. The owner of the unit cannot reject or object to such a decision by the owner’s association.

3

Use Restrictions: Owners shall not use the Unit for any trade, business, profession or commercial use and shall perform and observe the following use restrictions:

4

Discharges into Conduits: Owners shall not discharge into any Conduit any oil or grease or any noxious or deleterious effluent or substance that may cause an obstruction;

5

Disposal of refuse: Owners shall not deposit in the Common Areas any refuse, rubbish or trade empties of any kind other than in proper receptacles and as may be designated by the Manager, and shall not burn any refuse or rubbish on any part of EMPIRE ESTATES grounds and shall comply with the rules for rubbish disposal set by the Manager from time to time;

6

Obstruction of Common Areas:Owners shall not do anything as a result of which the Common Areas (or other area over which Owners may have rights of access or use) may be damaged, or use may be obstructed in any way;

7

Prohibited usesOwners shall not use the Unit for any dangerous, noisy, noxious or offensive business, occupation or trade; or for any illegal or immoral purpose;

8

NuisanceOwners shall not do anything in the Unit or the Development which may be or become a nuisance, or which may cause annoyance, damage, disturbance or inconvenience to any other tenant or occupier of the Development or any Adjoining Property, or which may be injurious to the amenity, character, tone or value of the Development;

9

Satellite and TV aerials:No television aerials or satellite dishes may be attached to the exterior of the Unit without the Manager’s prior written consent (which may be withheld, delayed or given on terms as the Manager deems fit in its absolute discretion) and then only upon the terms and conditions contained in such consent;

10

Hanging of laundry:Owners shall not place or hang any washing or laundry or any other items on any part of the Unit where it is visible from outside the Unit;

11

Car parkingOwners shall not use the Car Parking Spaces and Additional Car Parking Spaces allotted to the Owner other than for the parking of cars and light commercial vehicles only and such cars shall be tagged appropriately and / or have authorized passes. No heavy vehicles, boats or trailers may be parked. One vehicle may not occupy two parking spaces. Vehicles shall be parked in such a way that the flow of traffic is not disturbed. Owners shall not wash cars in the Car Parking Areas. The Manager may from time to time approve on a case-by-case basis storage devices to be left in the Car Parking Space(s) however, such devices must comply with the specifications set out by the Manager;

12

Pets: Owners shall not allow animals of any kind to be kept in the Unit unless with the prior authorisation by the Manager. Where such authorisation has been provided by the Manger, Unit Owners shall ensure that their pets do not cause any nuisance in the Development.

13

Compliance with Rules of Use: Owners shall comply with the Rules of Use in place from time to time and shall notify the Manager immediately if there is a change of occupants with respect of the Unit and shall ensure that all occupants of the Unit comply with the Rules of Use and any general notifications that the Association, Manager or Master Developer may issue from time to time;

14

Explosives and Hazardous Materials: Owners shall not permit explosives, flammable substances, hazardous chemicals or firearms to be stored in the Unit, in any part of the Development, in its annexes adjacent to the Development except with the prior written approval of the Manager and then only in accordance with the terms and conditions imposed by the Manager from time to time;

15

Pest Treatment: Owners shall not allow the Unit to fall into disrepair, become infected with insects or in any way become a health hazard to the others Owners and shall have it regularly treated to prevent such pests at its cost. The Owner shall notify the Manager as soon as it becomes aware of any infestation;

16

Regulations and By-Laws: Owners shall comply with all the Regulations and By-Laws and those made by any Zoning Authority which apply to EMPIRE ESTATES so far as they restrict or limit the use of the Unit;

17

Signs and Advertisements:Owners shall not erect or display on the exterior of the Unit or in the windows of them so as to be visible from the exterior, any advertisement, poster, notice, pole, flag, aerial, dish or any other sign or thing without the prior written consent of the Manager;

18

Supervision of children:Owners acknowledge that all children below the age of 16 attending the health and fitness club, swimming pools and at other amenities at the Development or in the Common Areas shall be supervised by an adult at all times;

19

Utilities: Owners acknowledge that all utilities, electricity and water at EMPIRE ESTATES for the Unit will be provided by Dubai Electricity and Water Authority (‘DEWA’) or other applicable utility service providers and these costs will be paid for separately by the Owners. The Owners further acknowledge that the provision of other Utilities may be subject to the Master Community Declaration and/or may be supplied by the Association through the bulk purchasing contracts which will be separately charged to the Owners;

20

Communication: Owners acknowledge that all communications, television and internet services at EMPIRE ESTATES smay be provided by the Master Developer (and/or its appointed agents, suppliers or concessionaires) exclusively and these costs will be paid for separately by the Owners;

21

Usage of Swimming Pool and Recreational Areas: The swimming pool and other recreational areas shall be used by the Owners during normal attendance hours only. The normal attendance hours shall be decided by the Manager from time to time and in the absence of any such decision shall be determined by the Custodian;

22

Insurance policy: Owners and their guests shall not do or permit anything to be done which may render void or voidable any policy of insurance of EMPIRE ESTATES or may operate to increase the premium payable in respect thereof. In the event that an Owner commits an act or omission that causes an increase in the insurance premiums payable in respect of the Development then the Manager or such other person entitled pursuant to the Constitutional_Documents shall be entitled to recover such increase in premiums from the Owner;

23

Noise pollution: Not to play or use or permit to be played or used any musical instrument or sound reproduction, equipment or television loudspeaker or mechanical instrument of any kind between the hours of 12 midnight and 8 am so as to cause damage, nuisance or annoyance to the other Owners or any occupier of any neighboring or adjoining property;

24

Owner Guests: Owners shall be responsible for the actions of their guests’ / visitors’ compliance with the Constitution, and all Constitutional Documents and Rules of Use of Owners whilst at EMPIRE ESTATES. All visitors and guests are permitted into EMPIRE ESTATES with the permission of an Owner, such permission to be communicated to the Manager in advance;

25

Drivers, Maids and Other Employees: Drivers, maids and other employees of the Owner are not allowed to bring any guests to or to use the facilities of EMPIRE ESTATES. In case of misconduct of any employee, the Owner will be notified by the Manager;

26

Furniture Movements: The hours in which furniture movements are allowed will be decided by the Association from time to time and in the absence of any such decision shall be determined by the Manager.

27

Alcohol:The Common Areas are for the peaceful and quite enjoyment of all Owners in common and therefore shall not be used for parties or entertaining and no alcohol or banned substance may be used or consumed in the Common Areas;

28

Maintenance: Each Unit Owner shall be responsible for the proper maintenance and decoration of his Unit. The standard of maintenance and decoration will be maintained at a standard befitting the standard of EMPIRE ESTATES ;

29

Units to be kept Clean: All Units shall be kept clean and all practical steps shall be taken to prevent infestation by vermin and/or insects. If a Unit is unoccupied for a continuous period of two (2) months, the Manager, upon reasonable notice and at reasonable times, may enter the nit to inspect the Unit;

30

Lighting and Heating of Units: The Unit Owner or occupier of an Unit shall not use any chemicals, burning fluids, acetylene gas or alcohol in lighting or heating his Unit nor in any other way cause or increase a risk of fire or explosion in his Unit;

31

Windows: Windows and window frames shall be kept clean and promptly replaced with fresh glass or other material of the same kind, colour and weight as at present if broken or cracked;

32

Interior Window Covers:No window shall be covered with aluminium foil or similar reflective material or tinted and no shutters, awnings or other window cover shall be affixed externally to the Unit Building unless written consent has been first obtained from the Manager.

33

No Hanging Washing: An Owner or occupier of a Unit shall not hang washing, towels, bedding, clothing or other articles or display any sign, advertisement, placard, banner, pamphlet or like matter on the Unit Building or on any part of his Unit (including the windows) in such a way as to be visible from outside the Unit.

34

No Furniture:An Owner or occupier of a Unit shall not place on any balcony of his Unit or on the Common Areas any furniture or other structures without the prior consent of the Manager PROVIDED THAT such consent shall not be required where such furniture was installed in the Common Areas by the Seller.

35

No Altering Exterior Lighting:An Owner or occupier of a Unit shall not alter the lighting (including the colour) on the exterior of the Building or the Unit (including the balconies) and shall not place any plants, pot plants, barbecues or other structures on any part of the Unit (including the balconies) or on the Common Areas.

36

Association to be Notified of Accidents etc:An Unit Owner or occupier of an Unit shall give to the Manager prompt notice of any accident to or defect in any water pipes, gas pipes, electric installations or fixtures which comes to his knowledge and the Manager shall have authority by its servants or agents in the circumstances having regard to the urgency involved to examine or make such repairs or reno ions as they may deem necessary for the safety and preservation ion of any Unit as often as may be necessary;

37

Inspection of Units: Upon one day’s notice in writing, the Manager and its servants, agents and contractors shall be permitted to inspect the interior of any Unit and to test any electrical, gas or water installation or equipment therein and to trace and repair any leakage or defect in the said installations, equipment and any pool, balcony, courtyard or window (at the expense of the Unit Owner or occupier of the Unit concerned in the case where such leakage or defect is due to any actual default of such Unit Owner or occupier or his tenants, guests, servants or agents). If not so permitted, they may affect entry. The Manager in exercising this power, shall ensure that its servants, agents and employees cause as little inconvenience to such Unit Owner or occupier as is reasonable in the circumstances and will promptly make good any damage caused in exercising its rights under this rule; and

38

Consent to filming and security footage for security purposes: The Owners acknowledge that EMPIRE ESTATES and the Common Areas would be filmed for security purposes. The Owners consent to disclosure of such material to all security staff and authorities of the Dubai government including municipal and police authorities upon their request. The Owners also acknowledge that the security maybe increased at EMPIRE ESTATES without notice upon the reasonable discretion of the Manager in consultation with the Association.

39

Changes to Rules of Use: The Association and/or the Manager and or the Seller or such other person pursuant to the Constitutional Documents may amend, vary, revoke, add or supplement the Rules of Use at any time if authorised to do so pursuant to the Constitutional Documents at their discretion.

41

Structural alterations: Owners shall not alter, cut into or remove any of the structural parts of the Unit including, the roofs, exteriors, principal or load-bearing walls, floors, beams or columns in or enclosing the Unit so as to change the appearance, quality, or integrity of the Unit nor shall Owners make any alterations to the Unit that affect the delivery or re-delivery of water, electricity or any other Utilities serving the Unit including fire fighting systems, without the prior written consent of the persons appointed to approve such things under the ConstitutionalDocuments (“Appointed Persons”) the Manager, (who may appoint a specialist consultant) and if necessary the Dubai Municipality and the Zoning Authority on terms and conditions that the Appointed Persons and the Manager deem fit. The Owner, who requested the alterations, additions or changes, will pay for any costs for any approvals and any additional costs related to the alterations, additions or changes.

42

Non-structural alterations: Owners may not remove, alter or erect any masonry or partition walls or any floor or ceiling coverings or make any internal alteration or addition of a non-structural nature to the Unit without the prior written consent and approval of the drawings and specification by the Appointed Persons and the Manager and on such terms and conditions as such persons deem necessary.

43

Covenants by Owners: Owners shall enter into such covenants as the Appointed Persons or the Manager, the Dubai Municipality and the Zoning Authority may require regarding the execution of any works to which the Association consents under this clause.

44

Working hours: The working hours in which the alterations or refurbishment of any Unit or in which the use of the service lifts is allowed will be decided by the Appointed Persons from time to time and in the absence of any such decision shall be determined by the Manager.