E. Dirkova, General Director of BUSINESS ACCOUNTANT LLC

The company has entered into an investment agreement in which it acts as a customer-developer. To understand the peculiarities of accounting for transactions under such an agreement, an accountant needs to know its legal side. And for this you need to delve into the legal and production nuances...

A necessary condition for new construction is the availability of land allotment. For this reason, the “key figure” in the construction activity is the person who has the right to the land plot intended for this purpose. In the Town Planning Code, such a person is called a developer. It is the developer who receives permission from the authorities or local government to construct and put the facility into operation (Articles 51 and 55 of the Civil Code of the Russian Federation).

What is an investment agreement

The person who finances new construction is called an investor. This term is disclosed in the Federal Law of February 25, 1999 No. 39-FZ “On investment activities in the Russian Federation carried out in the form of capital investments” (hereinafter referred to as Law No. 39-FZ).

The construction of the construction project is carried out by a general contractor. Relations between the named participants in the construction process are formed on a contractual basis. At the same time, the construction contract is regulated by paragraph 3 of Chapter 37 of the Civil Code, but the contract between the investor and the developer is not distinguished separately in the Civil Code. In addition, the code does not contain such concepts as “investor” and “investment”.

Participants in civil transactions have the right to enter into an agreement not provided for by law or other legal acts. Then, in the concluded agreement, elements of “standard” agreements are identified. And then the rules relating to its individual elements are applied to the relations of the parties under such a mixed agreement (clauses 2 and 3 of Article 421 of the Civil Code of the Russian Federation). This approach is used to interpret investment contracts in construction (Article 431 of the Civil Code of the Russian Federation).

A distinctive feature of an investment agreement is that after its execution, ownership of the constructed property is registered directly in the name of the investor.

attention

Concluding an investment agreement with an individual for the purchase of an apartment is unacceptable. Such participation is qualified as illegal raising of funds in shared construction.

Construction participants

The investment agreement essentially regulates the developer’s attraction of funds for the construction of a facility intended for the investor. But the same purpose is served by another type of relationship - shared construction. They are described in detail in Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as Law No. 214-FZ). We emphasize that this law directly prohibits raising funds from individuals who are not individual entrepreneurs for the construction of apartment buildings on grounds other than an agreement on shared participation in construction (Article 1, paragraph 3 of Article 2 of Law No. 214-FZ). In addition, according to paragraph 1 of Article 2 of the same law, its effect does not apply to production facilities.

You cannot enter into an investment agreement with a citizen to purchase an apartment. This is considered illegal raising funds for shared construction and threatens with an administrative fine: for officials - from 15,000 to 20,000 rubles, for legal entities - from 400,000 to 500,000 rubles. An example is the resolution of the Federal Antimonopoly Service of the North Caucasus District dated January 11, 2008 No. F08-8726/07-3276A.

The Town Planning Code names another construction participant - the customer. This is a person who, based on the contract, is authorized by the developer to organize construction, technical supervision and control of work.

And if the developer combines the functions of the customer, then he is called the customer-developer. This is a compound term and is not specifically explained in the legislation. As a result, it turns out that the customer-developer implements the investment project, being the legal holder of the land plot.

The license of the customer-developer lists the following special works:

• obtaining and processing initial data for the design of construction projects;
• preparation of design assignments;
• technical support of the design stage;
• registration of permits for construction and reconstruction, control over the validity periods of issued technical conditions;
• ensuring the release of the construction area;
• organization of construction management;
• technical Supervision.

It is worth noting that recently the issue of abolishing licensing in construction has been actively discussed. However, the previously established deadline (July 1, 2008) for cancellation was again postponed. This time, officials planned the cancellation of licenses for January 1, 2009 (Federal Law of July 22, 2008 No. 148-FZ). They are planned to be replaced by technical regulations that will establish mandatory requirements for the construction and operation of buildings.

Elements of the contract

The contract price is the cost of the investment project for the investor. In the practice of capital construction, a consolidated estimate is used to justify it, which becomes an integral part of the investment agreement. This planning document is the basis for the reporting of the customer-developer on the intended use of the funds received.

The consolidated cost estimate for the project for the construction of a building is drawn up in accordance with the recommendations of the Methodology for determining the cost of construction products on the territory of the Russian Federation MDS 81-35.2004, approved by Resolution of the State Construction Committee of Russia dated March 5, 2004 No. 15/1.

One of the parties to the investment agreement is the investor, and the other is the developer or customer-developer. Let's analyze the contractual relationship with the customer-developer. If we proceed from the traditional composition of the responsibilities of the customer-developer, then two components can be distinguished in the contract.

Firstly, the customer-developer acts as an intermediary between the investor and the persons involved in construction. Thus, by concluding an agreement with the general contractor on its own behalf, the customer-developer acts at the expense of the investor and in his interests. In this case, the ownership of the result of construction work does not pass to the customer-developer. He transfers the result to the investor, receiving an agency fee for his services (Clause 1 of Article 1005 of the Civil Code of the Russian Federation).

The second integral component of the activities of the customer-developer is engineering control and construction supervision. This is also a service, but of a completely different nature: it is provided for in Article 749 of the Civil Code.

Although we have identified two components in the services of the customer-developer, this does not mean that the contract must establish separate remuneration for the provision of each of them. The cost of services is usually determined by the total amount. It was important to clarify the legal nature of the legal relations between the parties to the investment agreement. This is necessary for organizing accounting and tax accounting.

The investor's funds, which he puts at the disposal of the customer-developer, are usually called targeted financing. The basis for using this term is provided by Articles 6 and 7 of Law No. 39-FZ. From these norms flow the rights of the investor to control the intended use of funds and the obligations of the customer-developer to use the investor’s funds for their intended purpose.

Principles of accounting for the activities of the customer-developer

In the accounting of the customer-developer, to reflect obligations to the investor arising due to the financing received, the same name account 86 “Targeted financing” is used. But the incoming money is intended to be spent in two fundamental areas:

• to pay for the services of the customer-developer;
• for financing contractors.

Together, these amounts form the price of the contract, but only the first ones are subject to taxation. After all, they ultimately form the revenue of the customer-developer, which is subject to VAT and income tax.

And “transit” funds for settlements with contractors from the customer-developer are not subject to taxes. This approach is not only typical for agency activities, but is also directly provided for by tax legislation.

The transfer of a completed construction project to an investor is not considered a sale and is not recognized as an object of VAT taxation (subclause 1, clause 2, article 146 of the Tax Code of the Russian Federation). Accordingly, the funds distributed by the customer-developer among the contractors are not related to the sale. Therefore, the customer-developer does not charge VAT on them (subclause 2, clause 1, article 162 of the Tax Code of the Russian Federation). And for income tax, funds from targeted financing of investors accumulated on the developer’s accounts do not participate in determining the tax base (subclause 14, clause 1, article 251, clause 17, article 279 of the Tax Code of the Russian Federation). However, the above norms do not exempt the remuneration of the customer-developer from taxation.

As a result, it is recommended to record only amounts allocated to construction contractors in the account. And the receipt of money for the maintenance of the customer-developer should be reflected in correspondence with account 62 “Settlements with buyers and customers”. In the balance sheet, targeted financing funds are included in long-term or short-term liabilities, depending on the period remaining until the completion of the investment project.

attention

The latest amendments extended licensing in construction activities until January 1, 2009.

Contractual terms

Upon completion of the contract, the customer-developer may have a balance of investor funds unspent on contractors, that is, savings. The investor must be notified of this. The “fate” of savings of the parties to the contract is determined by agreement. Possible solutions range from returning savings to the investor to transferring all savings to the disposal of the customer-developer.

In the first case, the remuneration of the customer-developer will be set at a fixed amount.

And under the second scenario, the final amount of the remuneration will become known only after construction is completed. This option does not encourage the tax authorities, although it was recognized by the Russian Ministry of Finance in letter dated August 7, 2007 No. 03-03-06/1/544. After all, then the customer-developer does not pay taxes during construction. And if the company does not have other sources of income, then until the transfer of the object to the investor, the accountant will have to submit a “loss-making” income tax return.

If the amount of remuneration for the client-developer is determined by the contract, then the accountant is faced with the question: at what point should revenue from the provision of services be recognized? For accounting purposes, this issue is resolved on the basis of the contract. It may establish periodic acceptance of services (monthly, phased, etc.) or recognition of services for the investment project as a whole. In the latter case, it is formed in accounting. Note that the procedure for recognizing the revenue of the customer-developer does not entail any significant civil consequences for the parties to the agreement.

But in tax accounting under an agreement covering two or more tax periods, income must be distributed taking into account the principle of uniform recognition of income and expenses (clause 2 of Article 271 of the Tax Code of the Russian Federation). According to paragraph 2 of Article 318 of the Tax Code, taxpayers providing services have the right not to form work-in-progress balances. The procedure for forming the tax base is established in the accounting policy.

Moscow “___” _________201_.

Open Joint-Stock Company "_____________________________", (short name of OJSC - "_______"), hereinafter referred to as "CUSTOMER-DEVELOPER", represented by the General Director _______________, acting on the basis of the Charter, on the one hand and _____________________________, __________ year of birth, TIN - __________, passport ________________, issued _________, Department of Internal Affairs _____________, hereinafter referred to as “INVESTOR”, on the other hand, collectively referred to as the “Parties”, have entered into this investment agreement (hereinafter referred to as the “Agreement”) as follows:

1. TERMS AND DEFINITIONS
1.1. Investments - own, borrowed and/or attracted funds, securities, and other property invested by the Investor for the purpose of making a profit. In accordance with this agreement, investments are means of targeted financing (paragraph 10, subparagraph 14, paragraph 1, article 251 of the Tax Code of the Russian Federation).
1.2. Investment activity - making investments and carrying out practical actions in order to make a profit and implement the project.
1.3. Project - the necessary design documentation developed in accordance with the legislation of the Russian Federation and duly approved standards (norms and rules), as well as a description of organizational and technical measures for the creation of an investment object using investments in the form of work.
1.4. The result of investment activity is a shopping center being created at the address: __________________, the construction of which will be carried out in accordance with the project.
1.5. Contractors are individuals and legal entities who carry out design and construction work under construction contracts concluded with the Customer-Developer.
1.6. Work - the entire scope of practical work on the construction of the result of investment activity, to be performed by the Customer-Developer in accordance with the terms of this agreement.
1.7. Land plot - a plot with a total area of ​​______ square meters. m, cadastral N ____, located at the address: ________________, leased to the Customer-Developer to create the result of investment activity on the basis of ______________ (indicate the details of the administrative document) for the period of development of the initial permitting, design documentation and construction of the result of investment activity.
1.8. Project documentation - initial permits, technical documentation, technical conditions and passports for materials, equipment, structures and components, estimates, as well as other documentation not directly mentioned above, but necessary for the performance of work and technical operation of the result of investment activities.
1.9. The total area of ​​the result of investment activity is the sum of the areas (useful, common use, engineering purposes) of all floors (including technical, basement and attic), measured by the internal surfaces of walls and built-in and attached premises.

2. SUBJECT OF THE AGREEMENT
2.1. Under this agreement, the Investor transfers to the Customer funds in the amount established by this agreement for the implementation of a project to create the result of investment activity on a land plot.
Upon completion of the investment project, commissioning of the facility, its state registration and subject to the Investor fulfilling its obligations to make investments, the Customer-Developer transfers to the Investor the result of investment activities under the __________ agreement (exchange, donation or other transaction on the alienation of this property).
2.2. Investments received from the Investor will be used to create the result of investment activities, perform all necessary work and other actions required for the implementation of the project, and monitor the implementation of work.

3. SETTLEMENT PROCEDURE BETWEEN THE PARTIES
3.1. The preliminary amount of investment under this investment agreement is determined by the Parties in the amount of ___________________ rubles.
3.2. Investments are sent by the Investor to the Customer-Developer in parts. The specific amount and deadline for transferring the next amount are agreed upon by the Parties in ______________.
3.3. Investments provided by the Investor for the implementation of the project are considered by the Parties as targeted financing funds allocated exclusively for the implementation of the project.
3.4. For the fulfillment by the Customer-Developer of its obligations (services) under this agreement, the Investor, in addition to the investments specified in this section, monthly before the _______ day of the month transfers to the Customer-Developer funds in the amount of _________________ rubles, including VAT - ____% - __________ rubles. Payment for services provided by the Customer-Developer is included in the estimated cost of the result of investment activities.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The investor is obliged:
4.1.1. Provide financing under this agreement in full and in the manner established by this agreement, including payment for the services of the Customer-Developer.
4.1.2. Within _______ - days after signing this investment agreement, transfer to the Customer-Developer the project approved by the Investor, consisting of: ____________________________.
4.1.3. If necessary, take part in coordination with authorized government bodies, approval and receipt of permits and other documentation necessary to carry out work in accordance with the investment agreement.
4.1.4. Appoint representatives for the work of the state commission for the acceptance of the completed construction result of investment activity.
4.1.5. For your part, accept the result of investment activity under this agreement by signing the acceptance certificate.
4.1.6. From the moment of transfer of the result of investment activity, assume the burden of its maintenance, including the risk of accidental death, as well as bear other responsibilities provided for by the current legislation of the Russian Federation.
4.1.7. Properly fulfill your other obligations stipulated by the investment agreement.
4.2. The investor has the right:
4.2.1. Monitor the compliance of the volume and quality of work performed by the Contractor to create the result of investment activities.
When monitoring the progress of work, the Investor or his authorized person must move around the construction site, accompanied by an authorized representative of the Customer-Developer, while strictly observing safety regulations.
4.2.2. Check at any time the progress and quality of work, the compliance of the materials used, without interfering with the operational and economic activities of other subjects of investment activity.
4.2.3. With the consent of the Customer-Developer, transfer its rights and obligations under this agreement to a third party, subject to the latter’s acceptance of the duties, conditions and obligations under this agreement. Partial and/or complete transfer of rights and obligations
4.3. The Customer-Developer is obliged:
4.3.1. Using the investments made by the Investor, ensure the implementation of the project, including:
- ensure preparation of the construction site;
- organize the execution of work by Contractors, provide construction with materials and equipment;
- ensure proper execution by Contractors of the necessary construction and installation work;

etc…

The entire sample construction investment agreement is in the attached file.

INVESTMENT CONTRACT N ___ for the construction of a residential property (approximate form)

the city ________________ "___"_________ ___ the city __________________________________________ represented by _______________________, acting___ on the basis of _____________, hereinafter referred to as the “Customer”, on the one hand, and ____________________________________________________________ (full name of the organization - investor-developer) represented by _______________________, acting____ on the basis of _______________ , (position, full name) are hereinafter referred to as "Investor-Developer", on the other hand, collectively referred to as the "Parties", have entered into this contract as follows:

1. DEFINITIONS

For the purposes of this Contract, the following definitions apply:

1.1. Investment project - justification of the economic feasibility, volume and timing of capital investments, including the necessary project documentation developed in accordance with the legislation of the Russian Federation, as well as a description of practical actions for making investments (business plan);

Implementation of an investment project is a set of organizational and technical measures for the creation (reconstruction) of an Investment object using investments of attracted capital (investments) from various sources in the form of engineering surveys, design, preparatory construction (repair), commissioning work, work related to the commissioning of the object into operation, and registration of property rights.

The description of the investment project is contained in Appendix No. 1 to the Contract.

1.2. Investment object (Object) - a list of residential, mixed-use buildings, transport and (or) utility networks and structures contained in the Description of the Investment Project, for the creation of which the Investor-Developer allocates its own and (or) raised funds as part of the implementation of the investment project.

1.3. Investor-Developer is a person vested, in accordance with current legislation, with the rights to develop a land plot, who, on its own behalf or an association of legal entities and individuals created on the basis of a simple partnership agreement, directs its own and/or borrowed funds to implement the investment project.

1.4. Co-investor is a legal or natural person involved in the implementation of an investment project on the terms specified in the Contract, in terms of financing the investment project in an amount proportional to the part of the areas that the Co-investor would like to obtain ownership of or obtain other proprietary rights to.

The rights of the Co-Investor to a share in the property of the Object as a result of the implementation of the investment project are confirmed by the relevant agreement concluded in compliance with the terms of the Contract on the assignment of rights, additional agreements to the Contract, an act on the results of the implementation of the investment project or an agreement of shared participation in construction, concluded in accordance with the requirements of current legislation .

1.5. An administrative document is an act of __________________________, which is the basis for the design and construction of the Investment Project and other activities provided for by the terms of the Contract.

1.6. Construction site - a vacant land plot or a land plot with buildings located on it, provided to the Investor-Developer for rent for the period of construction (reconstruction) of the facility or for ownership.

1.7. The total area of ​​the object is the sum of the areas of all floors (including technical, basement and attic) and built-in and attached premises.

1.8. The total living area of ​​the property is the total living area of ​​the apartments, determined in accordance with the instructions on conducting accounting of the housing stock in the Russian Federation, approved by the authorized executive body of state power of the Russian Federation.

1.9. The total non-residential area of ​​the facility is the total area of ​​non-residential premises, including: usable area, common area (cells, platforms, elevators, etc.), area of ​​engineering premises, area of ​​built-in and attached parking garages, basements , attics, built-in and attached premises.

1.10. Start-up complex - a building completed by construction as part of an investment facility and presented for acceptance by the Acceptance Committee in accordance with the design and estimate documentation approved and agreed upon by the Parties in the prescribed manner.

1.11. Accounting registration - registration of investment contracts, additional agreements and amendments to them, as well as agreements to attract financial resources for housing construction, concluded within the framework of a registered Contract in the prescribed manner.

2. SUBJECT OF THE CONTRACT

2.1. The subject of the Contract is the implementation of the investment project provided for in clause 1.1 of this Contract, the construction of an Investment object (a complete list of investment objects corresponding to Appendix No. 1 to the Contract is indicated) on a land plot ________________ (indicate the form of ownership, cadastral number, type of permitted land use) with an area of ​​____ hectares at the address: ___________________, with an approximate volume of investment in current prices of _________ (____________) rubles.

A plan of the land plot, indicating its boundaries in the existing building and the placement of objects to be built, is contained in Appendix No. 2 to the Contract.

2.2. As part of the implementation of the investment project, the Investor-Developer undertakes, at the expense of its own (raised) funds, to carry out new construction of the Facility at the address: ___________________, the size of the total area is _________ sq. m, including the total area of ​​apartments - ________ sq. m, area of ​​built-in and attached premises - ________ sq. m.

The approximate date for putting the facility into operation is "__" _______ ______.

The deadline for acceptance of the object is _______________.

The composition of the launch complexes and the timing of their commissioning are determined by an additional agreement of the Parties, concluded no later than one month from the date of approval of the project documentation.

2.3. At the time of conclusion of the Contract: the land plot specified in clause 2.1 of this Contract belongs to the Investor-Developer on a lease basis for a period of up to _______ (agreement dated _______ N ______, registered ____________________).

3. PROPERTY RIGHTS OF THE PARTIES

3.1. The ratio of division of property based on the results of the implementation of the Contract is established between the Parties in the following proportions:

Customer's share:

- ___% of the total area of ​​apartments;

- ___% of the total non-residential area, excluding the area of ​​premises inextricably linked with the life support systems of the facility (stairwells, elevator shafts, technical floors, technical undergrounds, electrical panels);

100% of utilities for electricity supply, heat supply, water supply and sewerage, telephone installations, radio, television and improvement facilities, with the exception of those related to the common property of the owners of premises in an apartment building;

100% of social infrastructure facilities (if their construction is provided for in the Contract).

Investor-Developer share:

- ___% of the total area of ​​apartments;

- ___% of the total non-residential area, excluding the area of ​​premises inextricably linked with the life support systems of the facility (stairwells, elevator shafts, technical floors, technical undergrounds, electrical switchboards).

The distribution of specific apartments and premises is carried out by the Parties having property rights by signing a Pre-Distribution Protocol (Appendix N ___), which comes into force from the moment of its registration as an integral part of the Contract.

Before signing the Preliminary Distribution Protocol, none of the Parties to the Contract has the right to assign their property rights to specific premises to third parties.

3.2. The specific property to be transferred into the ownership of the Customer, the Investor-Developer and involved third parties based on the results of the implementation of the Contract is determined on the basis of the Certificate on the results of the implementation of the investment project.

3.3. Upon completion of the construction of the Facility, the division of real estate (constructed buildings and structures, excluding the right to use the land plot, which will be established and formalized after the state registration of the right (share in the right) to the building for each participant) is clarified according to the explications and technical passports of the BTI, which are prepared upon application Investor-Developer based on the approved project (feasibility study) and full-scale BTI measurements and agreed upon by the Parties. The decision made is formalized by a Certificate of Results of the implementation of the investment project (start-up complex) in accordance with the terms of the Contract.

3.4. If, during the implementation of the project, the Investor-Developer ensures the release of areas for the Facility in sizes greater than assumed by the Contract, then the additional area is distributed in the same proportions as the main area (clause 3.1 of this Contract), unless otherwise specified by an additional agreement, which concluded after the release of the relevant administrative document.

3.5. Registration of the rights of the Parties to the property created as a result of the implementation of the project, provided for in clause 3.1 of this Contract, is carried out in the manner prescribed by law after the Object is put into operation and the Parties fulfill their obligations, taking into account all additional agreements to the Contract and appendices to it on the basis of an act on the results of implementation investment project (start-up complex).

3.6. By agreement of the Parties, the right to the property share (part of the share) of the Customer may be purchased by the Investor-Developer in the prescribed manner. In this case, an additional agreement to the Contract is drawn up, which is concluded after the release of the relevant administrative document.

3.7. If the Customer decides to transfer the rights (part of the rights) to the property share due to it in the Property to third parties, the Investor-Developer has a priority right to purchase these rights at a price and in the manner determined by the Customer. If the Investor-Developer does not make a decision to purchase at the proposed price within ____ (______) days after receiving notice of the terms of sale in writing, the Customer has the right to dispose of these rights at his own discretion.

3.8. Utilities for power supply, heat supply, water supply and sewerage, telephone installations, radio, television and improvement facilities created during the investment and construction of the Facility, with the exception of those related to the common property of the owners of premises in an apartment building, are included in the Customer’s property share even after their acceptance by the Acceptance Committee in accordance with the as-built documentation, they are subject, in the prescribed manner, to be transferred for service to an organization authorized by the Customer, unless otherwise established by agreement of the Parties.

The list and exact description of the specified objects are determined by the agreement between the Customer and the Investor-Developer, which is Appendix N ___ to the Contract.

4. TIMELINES AND CONTENTS OF WORK STAGES

4.1. First stage.

4.1.1. Development, coordination and approval in the prescribed manner of design documentation for the Facility.

4.1.2. Obtaining a building permit and registering it in _______.

The beginning of the stage is the date of signing of this Contract.

The end of the stage is the date of registration of the construction permit.

The duration of the stage is no more than ____ months from the date of signing (entry into force) of the Contract.

4.2. Second phase.

The beginning of the stage is the date of registration of the construction permit.

The end of the stage is the date of obtaining permission to put the Facility into operation.

The duration of the stage is no more than ____ months from the date of signing (entry into force) of the Contract.

4.3. Third stage.

4.3.1. Completion of settlements and settlement of claims.

4.3.2. Signing by the Parties of the Act on the results of the investment project.

4.3.3. Registration of property rights of the Parties under the contract.

The beginning of the stage is the date of obtaining permission to put the Facility into operation.

The end of the stage and the implementation of the Contract as a whole is the registration of the property rights of the Parties under the Contract.

The duration of the stage is no more than ___________ months after the completion of the second stage.

4.4. In case of non-compliance by the Customer with obligations under clause 5.1 of this Contract, the deadlines for the implementation of stages may be changed at the request of the Investor-Developer, which is formalized in an additional agreement to the Contract.

5. OBLIGATIONS OF THE PARTIES

5.1. The customer undertakes:

5.1.1. Within ____ days from the date of signing the Contract, sign the Protocol on the division of responsibilities between the Customer and the Investor-Developer for engineering support of the investment project (Appendix N ___ to the Contract).

5.1.2. Take measures aimed at ensuring, at the time of putting the Facility into operation, the availability of the necessary energy resources in city networks, to which the Facility must be connected in accordance with the issued technical conditions.

5.1.3. Provide the Investor-Developer with the necessary assistance in implementing the project on issues within the competence of the Customer, including ensuring the preparation and timely acceptance of administrative documents.

5.1.4. Organize, within __________ period after signing the Act on the results of the implementation of the investment project, registration in the prescribed manner of the property rights of the Investor-Developer, Co-investors and third parties (under agreements for the assignment of claims) in accordance with the terms of the Contract (in accordance with the property shares of the Parties and the rights recognized by them to the claims of third parties ) subject to the submission by the Investor-Developer of the necessary documents.

5.1.5. In the event of attracting funds from Co-Investors during the implementation of an investment project, decide in advance, together with the Investor-Developer, the issue of the further form of property management of an apartment building in accordance with the requirements of the current housing legislation of the Russian Federation.

5.1.6. Ensure control over the availability, timely and correct execution by the Investor-Developer of the necessary title documents (land lease agreements, examination of project documentation, construction permits, insurance of objects and risks of harm to third parties); for the execution of the stages of implementation of the investment project in accordance with the deadlines established by the Contract; for ensuring proper accounting of the turnover of rights to residential and non-residential premises assigned by the Investor-Developer to third parties in compensation for funds raised for investment in the construction of the Investment facility.

5.2. The Investor-Developer undertakes:

5.2.1. Ensure, at the expense of own and (or) borrowed (borrowed) funds, the financing and implementation of the investment project in full in accordance with its obligations under the Contract and the delivery of the Object to the Acceptance Commission for the acceptance of completed buildings within the time limits specified by the Contract and with quality in accordance with current technical standards and regulations.

5.2.2. Ensure, in accordance with the established procedure, the accounting registration of the Contract, additional agreements to the Contract and agreements concluded under the Contract to attract financial resources for the construction of residential buildings.

5.2.3. Within one month from the date of receipt of a construction permit, ensure insurance of the Object in the manner prescribed by Art. 742 of the Civil Code of the Russian Federation, and insure the risk of liability for harm in accordance with Art. 931 of the Civil Code of the Russian Federation.

5.2.4. Ensure that the Customer is provided with a report on the work performed under clauses 4.1, 4.2 of this Contract within the following terms ____________________ in the following order _____________________________________________.

5.2.5. After concluding the Contract, ensure that the conditions for the development and maintenance of the construction site are met in accordance with established rules and regulations, including security, cleaning of construction sites and adjacent street strips.

5.2.6. Make rent payments for the use of the land plot in a timely manner and in accordance with the established procedure.

5.2.7. Ensure engineering preparation of the territory in accordance with the technical specifications and the Protocol on the division of responsibilities of the Parties for engineering support to the Contract (Appendix No. ___ to the Contract).

5.2.8. Provide laboratory quality control of construction and products by testing units (laboratories) certified in the prescribed manner, or under contracts with external testing centers accredited in accordance with current legislation.

5.2.9. During construction, use construction products that have a certificate of conformity of products and services in construction, as well as quality control of products and services in construction, including quality management, with GOST requirements.

5.2.10. Bear responsibility during the warranty period for deficiencies in the structural elements used, construction, installation and other work provided for in the design documentation and deviations from the indicators specified in the design documentation that impede the normal use and operation of the Investment object or its individual elements.

5.2.11. If third parties are involved in the implementation of the Investment project with the assignment of rights to the results of investment activities, ensure compliance with the requirements of the current legislation on participation in shared construction (publication of a project declaration, state registration of agreements for participation in shared construction, etc.).

5.2.12. Within two weeks, at the Customer's request, provide complete information about all concluded agreements regarding the assignment of the right to claim specific apartments as part of the investment property. If the Investor-Developer evades the provision of information, the Customer has the right to recover from the Investor-Developer to the budget the appropriate level of penalties in the amount of 0.1% of the size of the property share corresponding to the specific apartment (apartments) specified in the request for each day of delay.

5.2.13. To ensure, in accordance with the procedure established by law, the formalization and registration of the ownership rights of participants in the implementation of the Investment project for the shares (parts) of the property of the Object due to them in accordance with the terms of the Contract, additional agreements to the Contract and agreements of shared participation in construction, concluded in accordance with the requirements of the current legislation.

5.3. The Investor-Developer has the right:

change the volume of investments in cases of changes in project documentation;

stop financing the work in the following cases: ________________;

independently conclude agreements with other subjects of investment activity in accordance with the Civil Code of the Russian Federation;

acquire rights of ownership, use and disposal of the Facility until its construction is completed;

at any time, under an agreement and (or) government contract, transfer your rights (part of your rights) to make capital investments and their results to individuals and legal entities, state bodies and local governments in accordance with the legislation of the Russian Federation;

exercise control over the intended use of investments;

exercise other rights provided for by the Treaty and the legislation of the Russian Federation;

if the Customer does not fulfill his obligations under the Agreement, the Investor-Developer has the right to retain the constructed object (part of it) in his possession;

If the Customer fails to fulfill all of its obligations under this Agreement on time, which will lead to a delay in the completion of work on the construction of the Facility, then the Investor-Developer has the right to extend the completion date for the work for the appropriate period. In this case, the parties will take all necessary measures to prevent additional costs;

make any changes to the scope of work that in his opinion are necessary.

6. WARRANTY

The Investor-Developer provides the Customer with the following documents:

6.1.1. Copies of constituent documents (charter, constituent agreement, registration certificate), certified by a notary.

6.1.2. Documents confirming the authority of the person signing the Contract to conclude the Contract on behalf of the Investor-Developer.

6.1.3. An extract from the balance sheet on the amount of assets and accounts payable at the time of conclusion of the Contract.

6.1.4. A certificate from the bank in which the Investor-Developer has opened a current account.

6.1.5. Copies of insurance contracts in accordance with the conditions provided for in clause 5.2.3 of this Contract.

6.1.6. Bank guarantees, sureties and other documents to ensure the fulfillment of the obligations of the Investor-Developer to the Parties to the Contract and third parties in the cases and within the time limits specified in the Contract.

7. ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER THE CONTRACT

7.1. The Investor-Developer has the right to assign its rights and obligations under the Contract to a third party in whole or in part, if this does not contradict the terms of the lease agreement for a land plot for construction of the Facility, provided that the specified third party accepts the terms of this Contract.

7.2. The assignment by the Investor-Developer of its rights under the Contract, accompanied by the transfer of its obligations to a third party, is made with the consent of the Customer by drawing up an additional agreement between the Parties and the new Investor-Developer, which is an integral part of the Contract.

7.3. When drawing up the additional agreement specified in clause 7.2 of this Contract, the new Investor-Developer is obliged to submit the documents listed in clause 6 of this Contract.

7.4. The Investor-Developer and third parties attracted by him as Co-Investors have the right to assign their rights to the due share (part) of the created property of the Investment object to third parties, including rights (claims) to individual apartments to citizens purchasing housing for personal consumption, on the basis of bilateral contracts concluded in compliance with the requirements of the Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

Bilateral agreements concluded by the Investor-Developer with legal entities on the terms established by clause 3 of Art. 1 of the Federal Law of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation" come into force from the moment of their registration.

At the same time, the Investor-Developer bears responsibility to the other Parties to the Contract for fulfilling obligations to finance the investment project in full in accordance with clauses 2.2 and 5.2.1 of the Contract.

When concluding bilateral agreements with third parties that provide for the assignment of rights specified in the Contract, the Investor-Developer is obliged to include in the texts of such agreements a reference to the Contract and the compliance of the concluded agreements with the terms of the Contract.

7.5. The Customer has the right to assign its rights to its due share (part) of the created property of the Investment object, taking into account clause 3.8 of this Contract, while maintaining responsibility to the other Parties to the Contract for the full fulfillment of accepted obligations.

7.6. The Customer is not liable under the Investor-Developer's agreements with third parties. The Investor-Developer is not liable under agreements concluded by the Customer with third parties.

8. DURATION OF THE CONTRACT

The Contract comes into force from the moment it is signed by all Parties and is valid until the Parties fully fulfill their obligations.

9. CHANGE AND TERMINATION OF THE CONTRACT

9.1. The Contract may be amended by agreement of the Parties. All changes are formalized by additional agreements, which are an integral part of this Contract.

9.2. The obligations of the Parties under the Contract are terminated:

By written agreement of the Parties;

Upon fulfillment by the Parties of all obligations under the Contract, completion of settlements and registration of property relations in accordance with the act on the results of the investment project;

In case of unilateral refusal in cases provided for in this Contract.

9.3. In case of failure to reach agreements and failure to fulfill the obligations of one of the Parties in accordance with the terms of the Contract, the Parties have the right to demand termination of the Contract in arbitration court.

9.4. In the event of termination of the Contract, the Customer, within ___ (______________) days, has the priority right to make a decision to purchase at cost from the Investor-Developer the results of the work performed on the basis of documents confirming the Investor-Developer’s costs, without applying inflation factors and adjustment factors (at the time of termination) .

9.5. In case of disagreement between the Parties regarding the determination of the redemption amount (the amount of costs incurred by the Investor-Developer for the implementation of the project for the work accepted under the acceptance certificates), upon termination of the Contract (clause 9.3, 9.4 of this Contract), this dispute is subject to consideration in arbitration court in in the manner established by the legislation of the Russian Federation.

9.6. Reimbursement of expenses to the Investor-Developer in accordance with clause 9.4 of this Contract is made by the new Investor-Developer within one month after the conclusion of the Contract with him.

9.7. If the Investor-Developer does not begin construction of the facility after ___ (_______________) months from the date of signing this Contract, the Customer has the right to unilaterally refuse to fulfill obligations, entailing termination of the Contract on the basis of clause 3 of Art. 450 of the Civil Code of the Russian Federation, with notification of this to the Investor-Developer ___ (_______________) days in advance.

10. RESPONSIBILITY OF THE PARTIES

10.1. The parties are responsible for their obligations in accordance with the current legislation of the Russian Federation.

11. FORCE MAJEURE

11.1. The occurrence of force majeure circumstances (force majeure): natural disasters, epidemics, floods, etc. release the Parties from liability for failure to fulfill or untimely fulfillment of obligations under the Contract.

A Party whose fulfillment of obligations is prevented by force majeure circumstances is obliged to notify the other Parties of the occurrence of such circumstances within ___ days.

11.2. If force majeure circumstances last more than six months, either Party has the right to refuse to continue the Contract without paying fines and/or penalties, taking all possible measures to carry out mutual settlements and reduce the damage incurred by the other Party.

11.3. The obligation to prove force majeure circumstances lies with the Party that has failed to fulfill its obligations.

12. DISPUTE RESOLUTION

The parties will make every effort to resolve any disagreements and disputes related to the execution of this Contract through negotiations. If disagreements and disputes cannot be resolved by the Parties within one month through negotiations, these disputes are resolved by the Parties by applying to an arbitration court.

13. FINAL PROVISIONS

13.1. After signing the Contract, the Parties have the right to appoint their authorized representatives under the Contract, defining their competence and notifying each other in writing.

13.2. The Parties are obliged to immediately notify each other of any changes in payment and postal details. Actions taken at old addresses and accounts before receiving notifications of their change are counted towards the fulfillment of obligations.

13.3. The Contract is drawn up in three copies - one for each Party and one for the federal registration service authority. All copies have equal legal force.

13.4. The following Annexes are an integral part of the Contract:

1) description of the Investment project;

2) resolution ___________________ on the construction of the Facility on issues of ensuring the conditions for the implementation of the investment Contract;

3) a plan of the land plot intended for the construction of the Investment Project, indicating its boundaries and the location of buildings and structures planned for construction;

4) protocol for the distribution of apartments and other premises between the Investor-Developer and the Customer;

5) protocol for the distribution of utilities for electricity supply, heat supply, water supply and sewerage, telephone installations, radio, television and improvement facilities created as part of the Investment Project;

6) protocol on the division of responsibilities of the Parties for engineering support of the investment project;

7) schedule for the transfer of funds for the Investor-Developer’s equity participation in the construction and reconstruction of utility networks and structures in the territory of _______________;

8) additional agreements to the Contract, registered on the title page;

9) act on the results of the implementation of the investment project.

14. ADDRESSES AND BANK DETAILS OF THE PARTIES

14.1. Customer: ________________________________________________________________ _______________________________________________________________________ (address and details) 14.2. Investor-Developer: _____________________________________________________ _______________________________________________________________________ (address and details) SIGNATURES OF THE PARTIES: Customer Investor-Developer _______________ /______________/ _______________ /____________/ (signature) (Full Name) (signature) (Full Name) M. P. M.P.

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______________ "___"___________ ____ ________________________________ represented by _______________________________, (name or full name) (position, full name) acting on the basis of _________________________, hereinafter referred to as (Charter, regulations, power of attorney or passport) "Investor", on the one hand, _______________________________________________ (name or full name) represented by __________________________________________, acting on the basis of (position, full name) __________________________________________________, hereinafter referred to as ___ (Charter, regulations, power of attorney or passport) “Customer”, on the other hand, and ___________________________________________ (name or full name) represented by __________________________________________, acting on the basis of (position, full name) __________________________________________________, hereinafter referred to as ___ (Charter, regulations, power of attorney or passports) “Contractor”, on the third party, collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. DEFINITIONS AND THEIR INTERPRETATION

1.1. The definitions used in this Agreement have the following meaning:

1.1.1. Investments - own, borrowed and/or attracted funds, securities, and other property invested by the Investor. In accordance with this Agreement, investments are means of targeted financing (paragraph 9, subparagraph 14, paragraph 1, article 251 of the Tax Code of the Russian Federation).

1.1.2. Investment activity - making investments and carrying out practical actions in order to implement an investment project.

1.1.3. Investment project - justification of the economic feasibility, volume and timing of capital investments, including the necessary design and estimate documentation developed in accordance with the legislation of the Russian Federation and duly approved standards (norms and rules), as well as a description of practical actions for making investments (business plan).

1.1.4. The result of investment activity is a non-residential building being created at the address: ____________________________, the construction of which will be carried out in accordance with the project and this Agreement (hereinafter also referred to as the “Facility”). The object is intended for _________________________________________________. (functional purpose)

1.1.5. Contractor is a legal entity that performs work under a construction contract concluded with the Customer and has permission to carry out the relevant work (certificate of permission to work).

1.1.6. Work - the entire scope of construction work for the construction of the Facility to be performed by the Customer and the Contractor in accordance with the terms of this Agreement.

1.1.7. Land plot (construction site) is a part of the earth's surface, the boundaries of which are determined in accordance with federal laws, allocated for the construction of the Facility in the manner established by the legislation of the Russian Federation, with a total area of ​​________ square meters. m, cadastral N _____, located at the address: ________________________, owned by the Customer (or leased), as confirmed by _____________________________ (details of title documents).

1.1.8. Design and estimate documentation - initial permitting, technical documentation, developed design documentation, technical specifications and passports for materials, equipment, structures and components, estimates.

1.1.9. The total area of ​​the result of investment activity is the sum of the areas (useful, common use, engineering purposes) of all floors (including technical, basement and attic), measured by the internal surfaces of walls and built-in and attached premises.

1.1.10. The implementation period of the investment project is the period from the moment the implementation of the investment project begins until the moment the Object is transferred to the Investor.

1.1.11. The payback period of an investment project is the period from the date of commencement of financing of the investment project until the day when the difference between the accumulated amount of net profit with depreciation charges and the volume of investment costs becomes positive.

1.2. When concluding and executing this Agreement, the Parties are guided by the Law of the Russian Federation “On Investment Activities in the RSFSR” (as regards provisions that have not lost force), the Federal Law “On Investment Activities in the Russian Federation, carried out in the form of capital investments,” and the current legislation of the Russian Federation.

2. SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

2.1. Under this Agreement, the Investor undertakes to invest funds for the implementation of the investment project, the Customer undertakes to control the use of funds and implement the investment project, and the Contractor undertakes to carry out work on the construction of the Facility in the manner and under the conditions established by the current legislation of the Russian Federation.

2.2. Upon completion of the investment project, commissioning of the Facility, its state registration and subject to proper fulfillment by the Investor of its obligations under this Agreement, the Customer transfers the Facility to the Investor in the manner prescribed by law.

2.3. Investments received from the Investor must be used to carry out construction work and monitor the execution of work.

2.4. The Customer instructs, and the Contractor undertakes to carry out, at its own risk, with its own and attracted forces and means, work on the construction of the Facility in accordance with the approved design and estimate documentation, the terms of this Agreement.

2.5. The Contractor undertakes to completely complete construction and hand over the finished Project to the Customer on a turnkey basis within ________ year.

2.6. The Customer undertakes to transfer the finished Object to the Investor within ________ year.

2.7. The Contractor's right to carry out the work provided for in this Agreement on the territory of the Russian Federation is confirmed by the Certificate of Admission to Work _________ dated _________.

2.8. The Customer’s right to carry out the work provided for in the Contract on the territory of the Russian Federation is confirmed by the Certificate of Admission to Work _________ dated _________.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The investor undertakes:

3.1.1. Provide financing for construction work in accordance with the terms of this Agreement.

3.1.2. Provide the Customer with payment documents related to the fulfillment by the Parties of their obligations under the Agreement.

3.2. The customer undertakes:

3.2.1. Receive and prepare the following initial data for the design of the Facility: __________________________ no later than ____________ from the date of _______________ (according to Appendix No. 1 to this Agreement).

3.2.2. Prepare a design assignment no later than _______________ from the date of _____________ (according to Appendix No. 1 to this Agreement).

3.2.3. Provide technical support of the project stage.

3.2.4. Issue permitting documentation for the construction of the Facility no later than _______________ from the date of _____________ (according to Appendix No. 1 to this Agreement).

3.2.5. Prepare the land plot for work within ________ from the date of signing by the Parties of this Agreement.

3.2.6. Check and accept design and estimate documentation.

3.2.7. Eliminate identified deficiencies in design and estimate documentation no later than ______________ from the moment they are discovered.

3.2.8. Transfer the land plot to the Contractor according to the land plot acceptance and transfer certificate no later than _____________ from the moment the land plot is prepared for construction.

3.2.9. Carry out construction management.

3.2.10. Participate in the coordination of materials and equipment used.

3.2.11. Carry out quality control of construction work performed, as well as products, materials and equipment used in construction. Monitor the compliance of construction and installation works with design documentation and regulatory documents. If the Customer identifies deficiencies during the acceptance of work, the latter shall express his comments in writing and, within _____ days, transfer them to the Contractor, indicating the deadline for correction. Payment by the Investor for the work performed is made after the identified deficiencies are eliminated.

3.2.12. Carry out acceptance, examination and evaluation, including intermediate and hidden, work performed according to reports.

3.2.13. Monitor compliance of the volume and quality of work performed with construction documentation.

3.2.14. Check the work completion certificates no later than ____________ from the moment they are received from the Contractor and monitor the introduction of appropriate changes in case of deficiencies identified in the reports.

3.2.15. Ensure and control the intended use of the Investor's funds by the Contractor.

3.2.16. Keep records of the volume and cost of accepted and paid work, as well as the volume and cost of poorly performed work and the costs of eliminating defects.

3.2.17. Monitor the safety of construction work.

3.2.18. Monitor the availability and correctness of primary as-built technical documentation.

3.2.20. Ensure the preparation of documents for the working commission for acceptance of the completed Object.

3.2.21. Take part in the work of the working commission for acceptance of the completed Object.

3.2.22. Ensure the preparation of documents for the commission to accept the completed construction of the Facility.

3.2.23. Participate in the work of the commission for the acceptance of the completed construction of the Facility as a technical Customer.

3.2.24. Prepare claims and use other legal methods to defend the interests of the Investor.

3.3. The Contractor undertakes:

3.3.1. Carry out all design (stage "Project", approved part) and construction work in the scope and time frame provided for by this Agreement and its Appendices, and hand over the Facility to the Customer in a condition that ensures its normal operation in accordance with the approved project.

3.3.2. Prepare and submit to the Customer design estimates and working documentation no later than _______________ from the date of _____________ (according to Appendix No. 1 to this Agreement).

The documentation transferred by the Contractor must be drawn up in accordance with the requirements of the following building codes and regulations: _________________________________.

Submission by the Contractor of improperly executed or incomplete documentation is equivalent to its failure to submit. If deficiencies are identified, the Customer is obliged to inform the Contractor about this within _____________ from the moment of discovery, who corrects the deficiencies at his own expense.

3.3.3. Carry out work in accordance with projects, estimates, working drawings and building codes.

3.3.4. Submit, at the request of the Customer and/or Investor no later than _____ working days, primary payment documents confirming the cost of materials and equipment purchased for the construction of the Facility.

3.3.5. Supply the materials, equipment, products, structures, construction equipment necessary for construction, as well as unload and store them on time: _________________.

3.3.6. Within _____________ from the date of provision of the land plot for construction, erect temporary structures necessary for storing materials and performing work under the Contract using our own resources and resources.

3.3.7. With the written consent of the Customer and the Investor, involve subcontractors in the construction of the Facility and be responsible to the Investor and the Customer for the proper performance of work under the Contract by the involved subcontractors.

3.3.8. Ensure that necessary safety and environmental protection measures are taken during construction.

3.3.9. Open a warrant for preparatory and construction work at the Site.

3.3.10. Ensure that the construction site and the adjacent street are kept clean and tidy.

3.3.11. Ensure the protection of the facility under construction, materials, equipment, construction equipment and other property and structures on the land plot within the boundaries of the construction site until the completion of construction and acceptance of the finished Object by the Customer.

3.3.12. Remove, within a week from the date of signing the acceptance certificate for the completed construction of the Facility, from the construction site the construction machinery, equipment, tools, construction materials, temporary structures and other property belonging to the Contractor, as well as construction waste.

3.4. If the Customer fails to fulfill its obligations under the Contract on time, and this leads to a delay in the construction of the Facility, then the Contractor has the right to extend the construction period for the appropriate period and to be exempt from paying penalties for late commissioning of the Facility for this period.

4. COST OF WORK AND FINANCING PROCEDURE

4.1. The cost of all work on the implementation of the investment project, subject to financing by the Investor, is __________ rubles, including VAT - __________ rubles _____ kopecks.

Financing of the investment project is carried out by the Investor in the manner and within the time limits established by Appendix No. 3 to this Agreement.

4.2. The cost of work performed by the Customer under this Agreement is _____% of the cost of work actually performed at the Facility, which is __________ rubles, incl. VAT - __________ rubles _____ kopecks.

Payment for the Customer’s work is made within the time limits established in Appendix No. 4.

4.3. The cost of work performed by the Contractor is __________ rubles, incl. VAT - __________ rubles _____ kopecks. Payment for work is made within the time limits established in Appendix No. 5.

4.4. All changes to the initial contract price and construction time or one of these parameters are formalized by an additional agreement of the Parties.

4.5. Changes in architectural, construction and volumetric-spatial solutions, as well as an increase in the quantity and cost of finishing materials and engineering systems used and other factors affecting the cost of design and construction, which occurred at the request of the Investor, are carried out by the Contractor and paid by the Investor by additional agreement of the Parties.

4.6. Excesses by the Contractor of the design volumes and cost of work, not confirmed by an additional agreement of the Parties to the Contract, are paid by the Contractor at its own expense, provided that they are not caused by a violation by the Customer of its obligations.

5. DATES FOR COMPLETION OF WORK

5.1. The work under the Contract is carried out by the Contractor in stages within the time limits established in Appendix No. 1.

5.2. Changes in the timing of work are made on the basis of an additional agreement specifying the timing and price of construction.

6. ORGANIZATION OF WORK EXECUTION

6.1. To organize the execution of work, the Customer appoints the responsible person ___________________________________________________________________________ (full name, phone number, email address) and his deputy ____________________________________________________________. (Full name, phone number, email address) 6.2. To organize the execution of work, the Contractor appoints the responsible person ____________________________________________________________ (full name, phone number, email address) and his deputy ____________________________________________________________. (Full name, phone number, email address) 6.3. To organize the execution of work, the Investor appoints the responsible person ___________________________________________________________________________ (full name, phone number, email address) and his deputy ____________________________________________________________. (full name, phone number, email address)

6.4. Upon completion of construction, the Contractor, within __________ period, transfers to the Customer location diagrams and catalogs of coordinates and heights of geodetic signs installed during geodetic marking work during the construction period and stored until its completion.

6.5. Temporary connections of communications during the period of work on the land plot and newly constructed communications at connection points are carried out by the Contractor.

6.6. The Contractor shall notify the Customer in writing _____ days before the start of acceptance of the readiness of individual critical structures and hidden work.

Their readiness is confirmed by bilateral acts of intermediate acceptance of critical structures and acts of inspection of hidden work.

The Contractor begins to carry out subsequent work only after the written permission of the Customer, entered in the work log.

If the closure of the work was carried out without the Customer’s confirmation, or he was not informed about it, or was informed late, then, at his request, the Contractor is obliged, at his own expense, to open any part of the hidden work in accordance with the Customer’s instructions, and then restore it at his own expense.

6.7. If the Customer discovers poorly performed work, the Contractor, on his own and without increasing the cost of construction, is obliged to redo this work within a period additionally agreed upon by the Parties to ensure its proper quality. If the Contractor refuses to fulfill this obligation, the Customer has the right to engage another organization to correct poorly performed work and pay the costs at the Contractor’s expense.

6.8. The Contractor maintains a work log at the Site, which reflects the progress of work, as well as comments from designer and technical supervision.

Every month the Customer checks and confirms the entries in the journal with his signature. If he is not satisfied with the progress and quality of work or the Contractor’s records, then he expresses his opinion in the journal.

The Contractor undertakes to take measures within _____ days to eliminate the deficiencies specified by the Customer.

6.9. The Customer (by agreement with the Investor) has the right to make any changes to the scope of work that, in his opinion, are necessary, for which he gives a written order, mandatory for the Contractor, indicating:

Increase or decrease the scope of any work included in the Contract;

Eliminate any work;

Change the nature or quality or appearance of any part of the work;

Perform additional work of any nature necessary to complete construction.

6.10. Representatives of the Customer and Investor have the right of unhindered access to the construction site at any time during the entire construction period.

7. ACCEPTANCE OF COMPLETED CONSTRUCTION

7.1. Acceptance of the completed construction of the Facility is carried out after the Parties have fulfilled all obligations stipulated by the Agreement, in accordance with the established procedure in force on the date of its signing.

7.2. Acceptance of the Object is carried out by the Acceptance Commission created in accordance with the procedure established by law.

7.3. The Contractor transfers to the Investor and the Customer ______ days before the start of acceptance of the completed construction of the Facility, two copies of the as-built documentation in the composition determined by the Customer in accordance with the terms of the Agreement, within the framework of construction codes and regulations with written confirmation of the compliance of the transferred documentation with the actual work performed.

7.4. Acceptance of the Object is carried out within ______ days after the Customer receives a written notice from the Contractor about its readiness.

7.5. Before delivery of the object, the Contractor is responsible for the risk of its accidental destruction and damage, except in cases related to force majeure circumstances.

The use by the Investor for his own needs or the needs of operating a part of the Facility under construction, the construction of which as a whole is not completed, is permitted by agreement with the Contractor or after acceptance of this part of the Facility for operation in the prescribed manner, with the assumption of full responsibility.

7.6. The Customer transfers the Object accepted from the Contractor to the Investor.

7.7. The right of ownership to the Object under construction in its part paid for by the Investor and to the accepted completed Object belongs to the Investor. After accepting the Object, the Investor assumes the risk of its possible destruction or damage.

8. WARRANTY

8.1. The Contractor guarantees:

Proper quality of the materials, structures, equipment and systems used, compliance with their design specifications, state standards and technical conditions, provision of their relevant certificates, technical passports and other documents certifying their quality;

The quality of all work performed in accordance with the design documentation and current standards and technical conditions;

Timely elimination of shortcomings and defects identified during acceptance of work and during the period of guaranteed operation of the Facility;

Uninterrupted functioning of engineering systems and equipment during normal operation of the Facility.

8.2. The customer guarantees:

Timely fulfillment of your obligations under the Agreement.

8.3. The investor guarantees:

Timely financing of construction.

8.4. The warranty period for the operation of the Facility and the engineering systems, equipment, materials and works included in it is established for __________ years from the date of signing by the parties of the Acceptance Certificate for the completed construction of the Facility.

If, during the period of warranty operation of the Facility, defects are discovered that impede its normal operation, the Contractor is obliged to eliminate them at his own expense and within the agreed time frame.

To participate in drawing up a report recording defects, agreeing on the procedure and timing for their elimination, the Contractor is obliged to send his representative no later than ______ days from the date of receipt of the Customer’s written notice.

In this case, the warranty period is extended accordingly for the period of elimination of defects.

These guarantees do not apply to cases of intentional damage to the Object by third parties.

8.5. If the Contractor refuses to draw up or sign a report on detected defects, the Customer draws up a unilateral report based on a qualified examination, which is the basis for the Contractor to eliminate the identified defects.

9. INSURANCE OF THE OBJECT

9.1. The Contractor undertakes to conclude a comprehensive insurance agreement for construction and installation risks and liability in favor of the Investor (beneficiary) during construction and installation work at the Facility within ______ days from the date of signing the Agreement.

9.2. The Contractor is obliged to provide the Customer with evidence of the conclusion of a comprehensive insurance agreement for construction and installation risks and liability during construction and installation work (a copy of the insurance policy) indicating information about the insurer and the amount of the insured amount.

9.3. Insurance does not relieve the Contractor from the obligation to take the necessary measures to prevent the occurrence of an insured event.

10. FORCE MAJEURE

10.1. Neither Party is responsible for failure to fulfill or improper performance of obligations if this is a consequence of the following circumstances: flood, fire, earthquake, war, hostilities, blockade, other circumstances beyond the control of the Parties and arising after the conclusion of the Agreement, provided that that the circumstance that has arisen makes the execution of this Agreement impossible or difficult.

10.2. The party for which it is impossible to fulfill its obligations is obliged to notify counterparties in any accessible form of the occurrence of the above circumstances within __________ from the moment of their occurrence.

10.3. The period for fulfilling obligations under the Agreement is extended for the duration of force majeure circumstances.

10.4. If force majeure circumstances persist for more than __________, this Agreement is automatically terminated.

11. RESPONSIBILITY OF THE PARTIES

11.1. The parties are responsible for failure to fulfill or improper fulfillment of the obligations assigned to them by this Agreement in accordance with the current legislation of the Russian Federation.

11.2. If the Investor violates the deadline for payment of the cost of work, the Contractor has the right to present the Investor with a requirement to pay a penalty in the amount of _____ percent of the cost of the work to be paid for each day of delay, but not more than _____ percent of the cost of the work to be paid.

11.3. If the Customer violates the deadline for transferring the land plot to the Contractor for more than _____ calendar days, the Contractor has the right to present the Customer with a demand for payment of a penalty in the amount of __________________.

11.4. In case of violation of contractual obligations by the Contractor, the Investor has the right to make a demand for payment of a penalty:

For untimely completion of the construction of the Facility through the fault of the Contractor - a requirement to pay a penalty in the amount of _____ percent of the cost of work under the Contract for each day of delay, but not more than _____ percent of the cost of work under the Contract;

For untimely release of a land plot from the property belonging to it - a requirement to pay a penalty in the amount of __________ rubles for each day of delay;

For violation of deadlines for the performance of certain types of work or delivery of space for installation of equipment carried out by specialized organizations under direct contracts with the Customer - a requirement to pay a penalty in the amount of _____ percent of the cost of uncompleted work for each day of delay, but not more than _____ percent. If the Contractor ensures timely delivery of the object, the specified penalty collected from him shall be returned;

For violation of the deadlines for eliminating defects in work and structures provided for by the acts of the Parties, and in the event of the Contractor’s failure to appear - by a unilateral act - a requirement to pay a penalty in the amount of __________ rubles for each day of delay. If the Contractor fails to eliminate defects in a timely manner, the Customer has the right, at his expense, to eliminate the defects on his own and, in addition, to collect from him a penalty in the amount of _____ percent of the cost of work to eliminate the defects.

11.5. If the Investor violates the deadline for payment of the cost of the work performed by the Customer, the Customer has the right to make a demand for payment of a penalty in the amount of _____ percent of the cost of the work to be paid for each day of delay, but not more than _____ percent of the cost of the work to be paid.

11.6. If the Customer violates the deadline for completing construction of the Facility, the Investor has the right to present the Customer with a demand to pay a penalty in the amount of _____ percent of the cost of work under the Contract for each day of delay, but not more than _____ of the cost of work under the Contract.

11.7. If the Customer fails to comply with the conditions for the intended use of investments, the Investor has the right at any time to demand from the Customer the return of investment amounts and payment of interest due at the rate of ______ percent per annum.

11.8. Payment of fines, penalties and penalties, as well as compensation for losses, do not relieve the Parties from fulfilling their obligations in kind.

12. TERMINATION OF THE AGREEMENT

12.1. The investor has the right to demand early termination of the Agreement if:

The Customer and/or Contractor's certificate of admission to work under this Agreement has been terminated;

The Customer and/or Contractor are declared financially insolvent;

The Customer and/or Contractor systematically violate the terms of the Agreement (confirmed by at least 2 (two) relevant bilateral acts).

12.2. The Contractor has the right to demand early termination of the Contract if:

12.3. The Customer has the right to demand early termination of the Agreement if:

The investor is declared financially insolvent;

The investor regularly violates the payment terms under the Agreement (at least two instances of delayed payments).

12.4. The Party that decides to terminate the Agreement early is obliged to send written notice to the other Party.

12.5. In case of early termination of the Agreement, the Parties draw up a mutual settlement act, on the basis of which the Party with the debt is obliged to repay it within ______ business days from the date of signing the said act.

13. DISPUTE RESOLUTION

13.1. Disputes arising during the implementation of the Agreement are resolved by the Parties through negotiations.

13.2. The claim procedure for resolving disputes under the Agreement is mandatory. The period for consideration of the claim is _____ (__________) calendar days from the date of receipt.

13.3. If disagreements and disputes cannot be resolved by the Parties within ___________ through negotiations, such disagreements and disputes are referred by the Parties for resolution to the Arbitration Court ____________________.

14. SPECIAL CONDITIONS

14.1. Any additions and changes to the Agreement must be made in writing and signed by the Parties.

14.2. The Contractor does not have the right to sell or transfer the Object under construction or completed (a separate part), as well as design documentation for its construction or a separate part thereof, to a third party without the written permission of the Investor.

The Customer and/or Contractor have no right to sell or transfer this project documentation or any part thereof to third parties without the prior written consent of the Investor.

14.3. Damage caused to a third party as a result of the construction of the Facility through the fault of the Contractor, Investor or Customer shall be compensated by the guilty Party. Damage caused to this person for unforeseen reasons is compensated by the Parties on a parity basis.

14.4. Any agreement between the Parties that entails new circumstances not provided for in the Agreement is considered valid if it is confirmed by the Parties in writing in the form of an additional agreement.

14.5. When executing the Agreement, the Parties are guided by the norms of the legislation of the Russian Federation.

14.6. The Agreement is drawn up in three copies having equal legal force, one for each of the Parties.

15. LIST OF DOCUMENTS ATTACHED TO THE AGREEMENT

15.1. Appendix No. 1. Time frame for completing the work.

15.2. Appendix No. 2. Act on the transfer of land for construction.

15.3. Appendix No. 3. Schedule of financing of the investment project by the Investor.

15.4. Appendix No. 4. The cost of the work performed by the Customer and the procedure for its payment.

15.5. Appendix No. 5. The cost of the work performed by the Contractor and the procedure for its payment.

in a person acting on the basis, hereinafter referred to as " Investor", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer-Developer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. TERMS AND DEFINITIONS

1.1. Investments– own, borrowed and/or attracted funds, securities, other property invested by the Investor for the purpose of making a profit. In accordance with this Agreement, investments are means of targeted financing (paragraph 10, sub-clause 14, clause 1, article 251 of the Tax Code of the Russian Federation).

1.2. Investment activity – making investments and carrying out practical actions in order to make a profit and implement the project.

1.3. Project– the necessary design documentation developed in accordance with the legislation of the Russian Federation and standards (norms and rules) approved in accordance with the established procedure, as well as a description of the organizational and technical measures for the creation of an investment object using investments in the form of work.

1.4. Result of investment activity (object)– a cultural center being created at the address: __________________, the construction of which will be carried out in accordance with the Project.

1.5. Contractors– individuals and legal entities who carry out design and construction work under construction contracts concluded with the Customer-Developer.

1.6. Works– the entire scope of practical work on the construction of the result of investment activity, to be performed by the Customer-Developer in accordance with the terms of this Agreement.

1.7. Land plot– plot with a total area of ​​______ sq. m, cadastral No.____, located at the address: ________________, leased to the Customer-Developer to create the result of investment activity on the basis of ______________ for the period of development of the initial permits, design documentation and construction of the result of investment activity.

1.8. Project documentation– initial permits, technical documentation, technical conditions and passports for materials, equipment, structures and components, estimates, as well as other documentation not directly mentioned above, but necessary for the performance of work and technical operation of the result of investment activity.

1.9. Total area of ​​the result of investment activities– the sum of areas (useful, common use, engineering) of all floors (including technical, basement and attic), measured along the internal surfaces of walls and built-in and attached premises.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Agreement, the Customer-Developer undertakes to carry out the work and take all necessary actions to implement the Project to create the Result of investment activity (object) on a land plot, and the Investor undertakes to transfer funds to the Customer-Developer in the amount established by this Agreement for the implementation of the project and to pay Customer-Developer remuneration. Upon completion of the investment project, the Customer-Developer transfers the result of investment activities to the Investor.

2.2. Investments received from the Investor will be used to create the result of investment activities, perform all necessary work and other actions required for the implementation of the project, and monitor the implementation of work.

2.3. This Agreement contains elements of various agreements provided for by the Civil Code of the Russian Federation (mixed agreement). The rules of the Civil Code of the Russian Federation on construction contracts apply to the relations of the Parties regarding the performance of work by the Customer-Developer under this Agreement, unless otherwise provided by this Agreement. The rules of the Civil Code of the Russian Federation on agency agreements and commission agreements apply to the relations of the Parties regarding the performance of legal and other actions by the Customer-Developer on the instructions given by the Investor in this Agreement, unless otherwise provided by this Agreement. In this case, the Customer-Developer acts on its own behalf, but at the expense of the Investor.

3. SETTLEMENT PROCEDURE BETWEEN THE PARTIES

3.1. The amount of investment under this Agreement is rubles.

3.2. Investments are directed to the implementation of the Project within the time frame established by the Financing Schedule, which is an integral part of this Agreement, by transferring funds to the settlement account of the Customer-Developer specified in Section 11 of this Agreement.

3.3. Investments provided by the Investor for the implementation of the Project are considered by the Parties as targeted financing funds allocated exclusively for the implementation of the Project.

3.4. The amount of investment established by clause 3.1 of this Agreement may be increased in the following cases: .

3.5. An increase in the size of investments is made on the basis of an additional agreement to this Agreement, signed by the Parties.

3.6. For the performance of work by the Customer-Developer and the fulfillment of instructions under this Agreement, the Investor pays the Customer-Developer a remuneration in the amount of rubles.

3.7. The remuneration established by clause 3.6 of this Agreement is paid in accordance with the Remuneration Payment Schedule, which is an integral part of this Agreement, by transferring the remuneration amount to the settlement account of the Customer-Developer specified in Section 11 of this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The investor is obliged:

4.1.1. Provide financing under this Agreement in full and in the manner established by this Agreement, as well as pay remuneration to the Customer-Developer in the amount, manner and on the terms established by this Agreement.

4.1.2. Within one day after signing this Agreement, transfer to the Customer-Developer the Project approved by the Investor, consisting of: .

4.1.3. If necessary, take part in coordination with authorized government bodies, approval and receipt of permits and other documentation necessary for carrying out work in accordance with the Agreement.

4.1.4. Appoint representatives to participate in the work of the commission for the acceptance of the completed construction project.

4.1.5. Accept the object from the Customer-Developer under this Agreement by signing the acceptance certificate.

4.1.6. From the moment the object is accepted, bear the burden of its maintenance, including the risk of accidental death, as well as other responsibilities provided for by the current legislation of the Russian Federation.

4.1.7. Properly fulfill your other obligations provided for in this Agreement.

4.2. The investor has the right:

4.2.1. Monitor the compliance of the volume and quality of work performed by the Contractor to create the result of investment activity. When monitoring the progress of work, the Investor or his authorized person must move around the construction site, accompanied by an authorized representative of the Customer-Developer, while strictly observing safety regulations.

4.2.2. Check at any time the progress and quality of work, the compliance of the materials used, without interfering with the operational and economic activities of other subjects of investment activity.

4.2.3. With the consent of the Customer-Developer, transfer its rights and obligations under this Agreement to a third party, subject to the latter’s acceptance of the duties, conditions and obligations under this Agreement. Partial and/or complete transfer of rights and obligations is formalized by an appropriate agreement.

4.3. The Customer-Developer is obliged:

4.3.1. Using the investments made by the Investor, ensure the implementation of the Project, including:

• ensure preparation of the construction site;
• organize the execution of work by Contractors, provide the construction process with materials and equipment;
• ensure proper execution of the necessary construction and installation works by the involved Contractors;
• manage construction, monitor its progress in strict accordance with the Project and the terms of this Agreement, in accordance with SNiP, technical regulations, and other rules for construction and installation work;
• make payment for the work of the Contractors and payment for other necessary work and services;
• coordinate the activities of design, construction and installation, specialized and other organizations.

To complete the project, the Customer-Developer is obliged to ensure that the Contractors perform the following types of work:

• construction work (general construction work below the “0” mark, general construction work above the “0” mark);
• Finishing work;
• arrangement of internal communications networks: heating, ventilation, control unit, plumbing work below the “0” mark, plumbing work above the “0” mark, power supply;
• installation of external communication networks: heating networks, cold and hot water supply networks;
• arrangement of access roads to the facility, landscaping of the territory.

4.3.2. Provide the Investor with access to the construction site to monitor the compliance of the volume and quality of work performed by the Contractors, accompanied by a representative of the Customer-Developer. To promptly notify the Investor of the occurrence of circumstances beyond the control of the Customer-Developer that make it impossible for the Customer-Developer to properly (high-quality and timely) fulfill its obligations under this Agreement.

4.3.3. Ensure that the facility is put into operation and handed over to the acceptance committee.

4.3.4. After putting the object into operation, transfer it to the Investor according to the acceptance certificate.

4.3.5. During the transfer of the result of investment activity, ensure that, at the request of the administrative and technical inspection and other authorized organizations, the deficiencies and defects specified in the defect report are eliminated.

4.3.6. Provide the Investor with the necessary documents (copies) available to the Customer-Developer for state registration of ownership of the result of investment activity.

4.3.7. Carry out investment activities in accordance with the current legislation of the Russian Federation, fulfill the requirements imposed by state bodies and local governments that do not contradict the norms of the legislation of the Russian Federation.

4.3.8. Exercise control over the procedure and volume of investment by the Investor in accordance with the terms of this Agreement. Use funds received from the Investor for their intended purpose.

4.3.9. Ensure that the Investor is provided with a report on the implementation of this Agreement on a quarterly basis, no later than the date of the month following the reporting quarter.

4.3.10. Fulfill other duties assigned to him by this Agreement.

4.4. The Customer-Developer has the right:

4.4.1. Require the Investor to fulfill its obligations under this Agreement.

4.4.2. Determine, in accordance with this Agreement and the project, the volumes and specific areas of use of investments.

4.4.3. Engage Contractors to perform work.

4.4.4. Ensure control over the compliance of the volume and quality of work performed.

4.4.5. With the consent of the Investor, transfer his rights and obligations under this Agreement to third parties.

5. PROJECT IMPLEMENTATION TIMELINES AND PROCEDURE FOR TRANSFERING THE RESULTS OF INVESTMENT ACTIVITIES (OBJECT) TO THE INVESTOR

5.1. The duration of the Project is and is calculated from the date of transfer by the Investor to the Customer-Developer of the Project (clause 4.1.2 of this Agreement). If necessary, this period may be extended by the Parties on the basis of an additional agreement to this Agreement signed by the Parties. The timing of certain types of work on the construction of the Facility, the timing of completion of certain stages under this Agreement are established in the Work Schedule.

5.2. Upon completion of the Project and when the object is ready for transfer, the Customer-Developer sends a corresponding notification to the Investor. The transfer of the result of investment activity (object) to the Investor is carried out according to the act of acceptance and transfer of the object. The act is signed by both Parties or their authorized representatives and certifies that the Parties have fulfilled their obligations under this Agreement and that the Parties have no mutual claims of a property or non-property nature.

5.3. The ownership of the object is formalized by the Investor independently after the transfer of the result of investment activity to him.

5.4. After transferring the property to the Investor, the Parties will take all necessary measures to formalize the Investor’s rights to the land plot.

5.5. Evidence of the quality of the result of investment activity transferred to the Investor, its compliance with construction and technical norms and rules, the Project is the signing by the acceptance committee of the acceptance certificate for the completed construction result of investment activity into operation.

5.6. When accepting the result of investment activity, the Investor is obliged to declare all the shortcomings that can be established during the usual method of acceptance. The warranty period under this Agreement is from the moment the facility is accepted for operation under the act (clause 5.5 of this Agreement).

5.7. If deficiencies are discovered within the period established in clause 5.6 of this Agreement, the Investor has the right to contact the Customer-Developer with a request to eliminate them. Elimination of deficiencies is carried out within a period of time after receiving a written application from the Investor.

6. RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR SETTLEMENT OF DISPUTES

6.1. The parties are responsible for failure to fulfill or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation.

6.2. If the Investor violates the deadlines for making investments under this Agreement established by the Financing Schedule, the Customer-Developer has the right to increase the deadline for fulfilling its obligations in proportion to the period of delay in fulfilling its obligations by the Investor.

6.3. The risk of consequences of damage or destruction of the result of investment activity passes from the Customer-Developer to the Investor upon signing the acceptance certificate of the object under this Agreement (clause 5.2 of this Agreement).

6.4. The Parties will strive to resolve all disputes and disagreements out of court.

6.5. If the Parties fail to reach an agreement, the dispute is referred to the court in accordance with the current legislation of the Russian Federation.

6.6. To ensure the fulfillment of its obligations, the Customer-Developer provides the Investor with...

6.7. The Customer-Developer is responsible for non-compliance of the object with the Project, building codes and regulations, including those identified after acceptance of the object, during the warranty period.

6.8. In case of non-fulfillment or improper fulfillment by the Customer-Developer of its obligations under this Agreement, the Investor has the right to present a demand to the Customer-Developer.

7. PRIVACY

7.1. Any information about the financial position of the Parties and the terms of this Agreement, as well as agreements with third parties involved in the implementation of the Project, is considered confidential and is not subject to disclosure. Other confidentiality conditions may be established at the request of any of the Parties.

8. RELEASE OF LIABILITY (FORCE MAJEURE)

8.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances (force majeure), i.e. extraordinary and insurmountable circumstances under given conditions, in particular floods, earthquakes, other natural disasters or any other natural phenomena, epidemics, terrorist acts, military operations, as well as changes in current legislation, the adoption of regulations of local authorities that make it impossible fulfillment by the Parties of their obligations. Proper evidence of the existence of the above-mentioned force majeure circumstances and their duration will be certificates issued by the competent authorities.

8.2. In case of changes in legislative and regulatory acts that worsen the situation of the Parties in comparison with their condition on the date of conclusion of this Agreement and lead to additional costs of time and money, the agreed terms for completing the work are increased in proportion to this time. The terms and cost of the Agreement in this case are specified in the additional agreement.

8.3. The period for fulfilling obligations under this Agreement increases in proportion to the time during which such circumstances and their consequences existed.

8.4. If, due to the circumstances specified in clause 8.1 of this Agreement, the delay in fulfilling obligations under this Agreement is more than , any of the Parties has the right to refuse the unfulfilled part of the Agreement. In this case, neither Party has the right to demand compensation for losses.

9. VALIDITY AND CHANGE (TERMINATION) OF THE AGREEMENT

9.1. This Agreement comes into force on the date of its signing by the Parties and terminates after the Parties have fulfilled all obligations under it and completed mutual settlements between the Parties.

9.2. The terms of this Agreement may be changed by agreement of the Parties. All changes, additions and agreements to this Agreement are an integral part of this Agreement if made in writing and signed by the Parties.

9.3. This Agreement may be terminated by agreement of the Parties, subject to agreement on mutual settlements at the time of termination, as well as in other cases provided for by the legislation of the Russian Federation.

9.4. In case of conservation of an unfinished construction facility, the Parties shall extend the validity of this Agreement or determine the conditions for its termination.

10. FINAL PROVISIONS

10.1. This Agreement is drawn up in three copies having equal legal force, one copy for each Party and one for the body that registers rights to real estate.

10.2. The notices, notices or other messages provided for in this Agreement that are relevant to the relations of the Parties must be delivered personally or sent by the Parties to each other by registered letters or telegrams with return receipt requested at the addresses specified in this Agreement as the legal and postal addresses of the Parties.

10.3. Registration of ownership of the object is not included in the subject of this Agreement.

10.4. In the event of a change in telephone number, place of registration, postal address, or other details, the Parties are obliged to immediately send each other notifications of these changes in the manner prescribed above. All information and correspondence sent to the telephone number and address specified in this Agreement are considered received by the Party that changed its address and telephone number and did not notify about it, which bears the risks of all adverse consequences.

10.5. Simultaneously with the signing of the Agreement, the Parties appoint their authorized representatives under the Agreement, defining their competence, and notify each other about this.

10.6. After the conclusion of this Agreement, all previous agreements between the Parties - both written and oral - are deemed to have lost their force.

10.7. In everything else that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Investor

Customer-Developer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

12. SIGNATURES OF THE PARTIES

Investor_________________

Customer-Developer _________________