CONDOMINIUM CONSTRUCTION SPECIFICATIONS Sample Clauses
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CONDOMINIUM CONSTRUCTION SPECIFICATIONS. (a) Any “special items”, extras and upgrades such as customized work or non-specified materials, or modifications to the Unit, including, without limitation, upgrades, optional finishes and other non-standard Unit finishes that are requested by Buyer and approved by Seller, shall be ordered by Buyer directly from Seller and shall be Buyer’s sole financial responsibility, and shall remain as part of the Unit in the event closing does not occur; provided however, in the event this Agreement is terminated or cancelled by reason of Buyer’s default, then at Seller’s election, any or all of such “special items”, extras and upgrades shall be removed and the Unit shall be restored to its condition as if the Upgrades had not been made, and Buyer shall pay all costs associated with such removal and restoration. Seller shall be entitled to commence an action against Buyer to recover said removal and restoration costs if they are not paid by buyer within ten (10) days of receipt of demand for same from Seller.
(b) Except for the warranties transferred in accordance with subparagraph 3(c) below, Seller shall not by the execution and delivery of any document or instrument executed and delivered in connection with the closing, make any warranty, express or implied, of any kind or any nature whatsoever, with respect to the Unit other than warranties of title pursuant to the deed of conveyance, and all such warranties are hereby disclaimed. Without limiting the generality of the foregoing, SELLER HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF SUITABILITY OR FITNESS OF THE PROPERTY FOR ANY PURPOSE, OR AS TO THE MERCHANTABILITY, VALUE, QUALITY, CONDITION OR SALEABILITY OF THE UNIT. Except for the warranties transferred in accordance with subparagraph 3(c) below, the sale of the Unit by Seller to Buyer shall be “AS IS” and “WHERE IS”. Buyer will have a reasonable opportunity to perform a home inspection on the Unit prior to closing, accompanied by Seller’s agent, but in no event shall Seller have any obligation to make any alterations or changes to the Unit based on such home inspection.
(c) To the extent assignable without the consent or joinder of any third party, Seller shall assign and transfer to Buyer at closing all of Seller’s right, title and interest in any and all warranties received by Seller from manufacturers supplying materials used and contractors performing work in the Unit (specifically including any warranty received by Seller from the g...
