Common use of CONSTRUCTION SPECIFICATIONS Clause in Contracts

CONSTRUCTION SPECIFICATIONS. The Unit and the Condominium will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications therefor kept in Seller’s construction office, as such plans and specifications are amended from time to time. Seller may make such changes in the plans and specifications that it deems appropriate at any time, to accommodate its "in the field" construction needs (as more fully discussed in this Section 5) and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, design professionals or contrac- tors, and Buyer agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Unit. Such plans and specifications, as they are so amended, are referred to in this Agreement as “Seller’s Plans and Specifications.” Without limiting Seller's general right to make changes, Buyer specifically agrees that the changes described above and changes in the dimensions of rooms, patios and balconies, in the location of windows, doors, walls, partitions, utility (including, but not limited to, electrical, cable and telephone) lead-ins and outlets, air-conditioning equipment, ducts and components, lighting fixtures and electric panel boxes, and in the general layout of the Unit and Condominium, may be made by Seller in its discretion and that such changes shall not be deemed material or adverse to Buyer. In furtherance of the understanding and agreement stated above, Buyer acknowledges and agrees that it is a widely observed construction industry practice for pre-construction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, “in the field” construction needs. These changes and adjustments are essential in order to permit all components of the Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer acknowledges and agrees that it is to Buyer’s benefit to allow Seller the flexibility to make such changes in the Unit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the Unit and the Condominium on file with the applicable governmental authorities may not, initially, be identical in detail to Seller's Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this Section 5, the plans and specifications on file with applicable governmental authorities, may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, Buyer and Seller both acknowledge and agree that the Unit, the Condominium, and the remainder of the Properties may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 30, Seller disclaims and Buyer waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Buyer has not relied on or bargained for any such warranties. Without limiting the generality of the foregoing section, because of Seller’s need to coordinate the appearance and design of the Condominium and the remainder of the Properties, in connection with the nature and layout of the land on which construction is to take place and of the street, common areas and other features of the Properties, Buyer understands and agrees that the Unit may be construct- ed as a reverse ("mirror image") of, or otherwise in a manner different from, that illustrated in the floor and building plan of the applicable model and building (as shown in the Condominium Documents or in any illustrations of the model and building); and may be "sited" in a position different from that of the applicable model and floor and building plan (or any such illustrations). Buyer agrees to accept the Unit and the said Building as "sited" by Seller and as constructed according to a reverse floor and/or building plan. This section does not limit the generality of Seller’s rights, set out elsewhere in this Agreement, to make other changes in the Unit, the Condominium and the Condomini- um Documents. Buyer understands and agrees that in designing the Condominium and the remaining portions of the Properties, the stairwells of the Building were intended solely for ingress and egress in the event of emergency and, as such, are constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Further, Buyer hereby acknowledges and agrees that sound transmission in a building such as the Condominium is very difficult to control, and that noises from adjoining or nearby Units, or other portions of the Condominium or the Properties, and/or mechanical equipment can often be heard in other Units. Without limiting the generality of Section 30, Seller does not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the Condominium Property or the Properties, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission. Buyer further understands and agrees that there are various methods for calculating square footage and that the measurements of the Unit and facilities contained in sales brochures are based upon architectural measurements. Accordingly, the size of the Unit and these facilities may vary. Notwithstanding the foregoing, nothing herein shall impair the rights and remedies of Buyers under Section 718.506 of the Act. Buyer further agrees and understands that any trees and landscaping which are located on portions of the Properties may be removed to accommodate construction. Seller does not guaranty the survival of any particular trees and landscaping which are left or planted on any portion of the Properties. The agreements and waivers contained in this section will survive (continue to be effective after) closing.

CONSTRUCTION SPECIFICATIONS. The Dwelling Unit and the Condominium will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications therefor kept held in Seller’s construction 's office, as such plans and specifications are amended from time to time. Seller may make such any changes in the plans and specifications that it deems appropriate at any time, to accommodate its "in the field" field construction needs (as more fully discussed in this Section 5) and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, design professionals or contrac- torscontractors, and Buyer agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Dwelling Unit. Such plans and specifications, as they are so amended, are referred to in this Agreement as “"Seller’s 's Plans and Specifications.” ". Without limiting Seller's general right to make changes, Buyer ▇▇▇▇▇ specifically agrees that the changes described above and changes in the dimensions of rooms, patios rooms and balconies, patios, in the location of windows, doors, walls, partitions, utility (including, but not limited to, electrical, cable and telephone) lead-ins and outlets, air-conditioning equipment, ducts and components, lighting fixtures and electric panel boxes, and in the general layout of the Unit and CondominiumDwelling Unit, may be made by Seller in its discretion and that such changes shall not be deemed material or adverse to Buyerdiscretion. In furtherance of the understanding and agreement stated above, Buyer ▇▇▇▇▇ acknowledges and agrees that it is a widely observed construction industry practice for pre-pre- construction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-on- going, “"in the field” " construction needs. These changes and adjustments are essential in order to permit all components of the Unit and the Building building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer ▇▇▇▇▇ acknowledges and agrees that it is to Buyer▇▇▇▇▇’s benefit to allow Seller the flexibility to make such changes in the Unit and the CondominiumDwelling Unit. Buyer further acknowledges and agrees that (i) the plans and specifications for the Unit and floor plan of the Condominium model selected by Buyer that may be on file with the applicable governmental authorities may not, initially, be identical in detail to Seller's Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this Section 5, the plans and specifications on file with applicable governmental authorities, authorities may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, Buyer and Seller both acknowledge and agree that the Unit, the Condominium, and the remainder floor and/or building plan of the Properties model selected by Buyer may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 3029 below, Seller disclaims and Buyer waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Buyer has not relied on or bargained for any such warranties. Without limiting the generality of the foregoing sectionforegoing, because of Seller’s need to coordinate the appearance and design of the Condominium and the remainder of the Properties, in connection with the nature and layout of the land on which construction is to take place and of the street, common areas and other features of the Properties, Buyer understands and agrees that the agrees: The Dwelling Unit may be construct- ed constructed as a reverse ("mirror image") of, or otherwise in a manner different from, that illustrated in the floor and building plan of the applicable model and building (as shown in the Condominium Documents sales brochure or in any illustrations of the model and building); and may be "sited" in a position different from that of the applicable model and floor and building plan (or any such illustrations). Buyer ▇▇▇▇▇ agrees to accept the Dwelling Unit and the said Building as "sited" by Seller ▇▇▇▇▇▇ and as constructed according to a reverse floor and/or building plan. ▇▇▇▇▇ further understands and agrees that there are various methods for calculating the square footage and that the measurements of the Dwelling Unit and facilities contained in sales brochures are based upon architectural measurements. Accordingly, the size of the Dwelling Unit and these facilities may vary by more than a nominal amount. This section Section does not limit the generality of Seller’s rights, set out elsewhere in this Agreement, to make other changes in the Dwelling Unit, the Condominium Properties and the Condomini- um Homeowners’ Documents. Buyer understands and agrees that in designing the Condominium and the remaining portions of the Properties, the stairwells of the Building were intended solely for ingress and egress in the event of emergency and, as such, are constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Further, Buyer hereby acknowledges and agrees that sound transmission in a building such as the Condominium is very difficult to control, and that noises from adjoining or nearby Units, or other portions of the Condominium or the Properties, and/or mechanical equipment can often be heard in other Units. Without limiting the generality of Section 30, Seller does not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the Condominium Property or the Properties, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission. Buyer further understands and agrees that there are various methods for calculating square footage and that the measurements of the Unit and facilities contained in sales brochures are based upon architectural measurements. Accordingly, the size of the Unit and these facilities may vary. Notwithstanding the foregoing, nothing herein shall impair the rights and remedies of Buyers under Section 718.506 of the Act. Buyer ▇▇▇▇▇ further agrees and understands that any trees and landscaping which are located on portions of the Properties may be removed to accommodate construction. Seller does not guaranty the survival of any particular trees and landscaping which are left or planted on any portion of the Properties. The agreements and waivers of Buyer contained in this section Section will survive (continue to be effective after) closing.

CONSTRUCTION SPECIFICATIONS. The Unit and the Condominium will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications therefor kept in Seller’s 's construction office, as such plans and specifications are amended from time to time. Seller may make such changes in the plans and specifications that it deems appropriate at any time, to accommodate its "in the field" field construction needs (as more fully discussed in this Section 5) 14 and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, providers or Seller’s design professionals and/or contractors or contrac- tors, and Buyer agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Unitsuppliers. Such plans and specifications, as they are so amended, are referred to in this Agreement as “Seller’s Plans and Specifications.” ”. Without limiting Seller's ’s general right to make changes, Buyer specifically agrees that the changes described above and changes in the dimensions of rooms, patios and balconies, in the location of windows, doors, walls, partitions, utility (including, but not limited to, electrical, cable television and telephone) lead-ins and outlets, air-conditioning equipment, ducts and components, lighting fixtures and electric panel boxes, and in the general layout of the Unit and Condominium, may be made by Seller in its discretion and that such changes shall not be deemed material or adverse to Buyerdiscretion. In furtherance of the understanding and agreement stated above, Buyer acknowledges and agrees that it is a widely observed construction industry practice for pre-construction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, “in the field” construction needs. These changes and adjustments are essential in order to permit all components of the Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer acknowledges and agrees that it is to Buyer’s benefit to allow Seller the flexibility to make such changes in the Unit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the Unit and the Condominium on file with the applicable governmental authorities may not, initially, be identical in detail to Seller's ’s Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this Section 514, the plans and specifications on file with applicable governmental authorities, authorities may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, Buyer and Seller both acknowledge and agree that the Unit, the Condominium, agree: The Unit and the remainder of the Properties Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 3028, Seller disclaims and Buyer waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Buyer has not relied on or bargained for any such warranties. Without limiting the generality In furtherance of the foregoing sectionforegoing, because in the event of Seller’s need to coordinate any conflict between the appearance and design actual construction of the Condominium Unit and/or the Building, and that which is set forth on the remainder of the Properties, in connection with the nature and layout of the land on which construction is to take place and of the street, common areas and other features of the Propertiesplans, Buyer understands and agrees that the Unit may be construct- ed as a reverse ("mirror image") of, or otherwise in a manner different from, that illustrated in the floor actual construction shall prevail and building plan of the applicable model and building (as shown in the Condominium Documents or in any illustrations of the model and building); and may be "sited" in a position different from that of the applicable model and floor and building plan (or any such illustrations). Buyer agrees to accept the Unit and the said Building as "sited" by Seller and as actually constructed according to a reverse floor and/or building plan. This section does not limit (in lieu of what is set forth on the generality of Seller’s rights, set out elsewhere in this Agreement, to make other changes in the Unit, the Condominium and the Condomini- um Documentsplans). Buyer understands and agrees that in designing the Condominium and the remaining portions of the PropertiesCondominium, the stairwells of within the Building were Condominium Property are intended solely primarily for ingress and egress in the event of emergency and, as such, are such may be constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the garage and utility pipes serving the Condominium are intended primarily for functional purposes, and as such may be left unfinished without regard to the aesthetic appearance of same. Further, Buyer hereby acknowledges and agrees that the potential for sound and/or odor transmission in a multi-story building such as the Condominium is very difficult to control, and that noises from adjoining or nearby Units, or other portions of the Condominium or the Properties, and/or mechanical equipment can often be heard in other Unitsalways a possibility. Without limiting the generality of Section 3028, Seller does not make any representation or warranty as to the level of sound and/or odor transmission between and among Units Units, vibrations from HVAC and/or mechanical equipment and the other portions of the Condominium Property or the PropertiesProperty, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from vibration, sound and/or odor transmission. Lastly, Buyer further understands and agrees that there are various methods for calculating the square footage and dimensions of a Unit and that depending on the measurements method of calculation, the measured square footage of the Unit may be more or less than Buyer had anticipated. Typically, marketing materials will calculate the dimensions of the Unit from the exterior boundaries of the exterior walls to the centerline of the interior demising walls, including common elements such as structural walls and facilities contained in sales brochures are based upon architectural measurementsother interior components of the building. Accordingly, Architectural or marketing size is larger than the size of the Unit and these facilities may vary. Notwithstanding determined strictly in accordance with the foregoing, nothing herein shall impair the rights and remedies of Buyers under Section 718.506 boundaries of the ActUnit set forth in the Declaration. Additionally, references in marketing materials to ceiling heights are generally taken from the top of the MIA 185388948v4 Purchase Agreement Buyers Initials unfinished floor slab to the underside of the upper unfinished concrete slab, which is greater than the actual clearance that will result between the top of the finished floor coverings and the underside of the finished ceiling as same may be affected by any drop ceilings or soffits, including without limitation to accommodate mechanical equipment. Any listed ceiling heights are approximate and subject to change. Accordingly, during the pre-closing inspection, Buyer should, among other things, review the size and dimensions of the Unit. Buyer further agrees shall be deemed to have conclusively agreed to accept the size and understands that any trees and landscaping which are located on portions dimensions of the Properties Unit, regardless of any variances in the square footage from that which may be removed have been disclosed to accommodate constructionBuyer at any time prior to closing, whether included as part of the Condominium Documents, Seller's promotional materials or otherwise. Without limiting the generality of any other provision of this Agreement, Seller does not guaranty make any representation or warranty as to the survival of any particular trees and landscaping which are left actual size, dimensions or planted on any portion square footage of the PropertiesUnit, and Buyer hereby waives and expressly releases any such warranty. The agreements and waivers of Buyer contained in this section Section 14 will survive (continue to be effective after) closing.

CONSTRUCTION SPECIFICATIONS. (a) The Unit and the Condominium will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications therefor kept in Seller’s construction office, as such plans and specifications are amended from time to time. Seller may make such changes in the plans and specifications that it deems appropriate at any time, to accommodate its "in the field" field construction needs (as more fully discussed in this Section 514) and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, providers or Seller’s design professionals and/or contractors or contrac- tors, and Buyer agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Unitsuppliers. Such plans and specifications, as they are so amended, are referred to in this Agreement as “Seller’s Plans and Specifications.” ”. Without limiting Seller's ’s general right to make changes, Buyer specifically agrees that the changes described above and changes in the dimensions of rooms, patios and balconies, in the location of windows, doors, walls, partitions, utility (including, but not limited to, electrical, cable television and telephone) lead-ins and outlets, air-conditioning equipment, ducts and components, lighting fixtures and electric panel boxes, and in the general layout of the Unit and Condominium, soffits may be made by Seller in its discretion and that such changes shall not be deemed material or adverse to Buyer. discretion. (b) In furtherance of the understanding and agreement stated above, Buyer acknowledges and agrees that it is a widely observed construction industry practice for pre-construction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, “in the field” construction needs. These changes and adjustments are essential in order to permit all components of the Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer acknowledges and agrees that it is to Buyer’s benefit to allow Seller the flexibility to make such changes in the Unit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the Unit and the Condominium on file with the applicable governmental authorities may not, initially, be identical in detail to Seller's ’s Plans and Specifications, ; and (ii) because of the day-to-day nature of the changes described in this Section 514, the plans and specifications on file with applicable governmental authorities, authorities may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, Buyer and Seller both acknowledge and agree that the Unit, the Condominium, Unit and the remainder of the Properties Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 3029, Seller disclaims and Buyer waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Buyer has not relied on or bargained for any such warranties. Without limiting the generality In furtherance of the foregoing sectionforegoing, because in the event of Seller’s need to coordinate any conflict between the appearance and design actual construction of the Condominium Unit and/or the Building, and that which is set forth on the remainder of the Properties, in connection with the nature and layout of the land on which construction is to take place and of the street, common areas and other features of the Propertiesplans, Buyer understands and agrees that the Unit may be construct- ed as a reverse ("mirror image") of, or otherwise in a manner different from, that illustrated in the floor actual construction shall prevail and building plan of the applicable model and building (as shown in the Condominium Documents or in any illustrations of the model and building); and may be "sited" in a position different from that of the applicable model and floor and building plan (or any such illustrations). Buyer agrees to accept the Unit and the said Building as "sited" by Seller and as actually constructed according to a reverse floor and/or building plan. This section does not limit (in lieu of what is set forth on the generality of Seller’s rights, set out elsewhere in this Agreement, to make other changes in the Unit, the Condominium and the Condomini- um Documents. plans). (c) Buyer understands and agrees that in designing the Condominium and the remaining portions of the PropertiesCondominium, the stairwells of within the Building were Condominium Property are intended solely primarily for ingress and egress in the event of emergency and, as such, are such may be constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the garage and utility pipes serving the Condominium are intended primarily for functional purposes, and as such may be left unfinished without regard to the aesthetic appearance of same. Further, Buyer hereby acknowledges and agrees that the potential for sound and/or odor transmission in a multi-story building such as the Condominium is very difficult to control, always a possibility and that noises and/or odors from adjoining or nearby Units, or other portions of the Condominium or the Properties, units and/or mechanical equipment can often be heard detected in other Unitsunits. Without limiting the generality of Section 3029, Seller does not make any representation or warranty as to the level of sound and/or odor transmission between and among Units Units, vibrations from HVAC and/or mechanical equipment and the other portions of the Condominium Property or the PropertiesProperty, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from vibration, sound and/or odor transmission. Lastly, Buyer further understands and agrees that there are various methods for calculating the square footage and dimensions of a Unit and that depending on the measurements method of calculation, the measured square footage of the Unit may be more or less than Buyer had anticipated. Typically, marketing materials will calculate the dimensions of the Unit from the exterior boundaries of the exterior walls to the centerline of interior demising walls, including common elements such as structural walls and facilities contained in sales brochures are based upon architectural measurementsother interior structural components of the building. Accordingly, Architectural or marketing size is larger than the size of the Unit and these facilities may vary. Notwithstanding determined strictly in accordance with the foregoing, nothing herein shall impair the rights and remedies of Buyers under Section 718.506 boundaries of the ActUnit set forth in the Declaration. Additionally, references in marketing materials to ceiling heights are generally taken from the top of the unfinished floor slab to the underside of the upper unfinished concrete slab, which is greater than the actual clearance that will result between the top of the finished floor coverings and the underside of the finished ceiling as same may be affected by any drop ceilings or soffits, including without limitation to accommodate mechanical equipment. Any listed ceiling heights are approximate and subject to change. Accordingly, during the pre-closing inspection, Buyer should, among other things, review the size and dimensions of the Unit. Buyer further agrees shall be deemed to have conclusively agreed to accept the size and understands that any trees and landscaping which are located on portions dimensions of the Properties may be removed to accommodate construction. Seller does not guaranty the survival Unit, regardless of any particular trees and landscaping variances in the square footage from that which are left or planted on may have been disclosed to Buyer at any portion time prior to closing, whether included as part of the Properties. Condominium Documents, Seller's promotional materials or otherwise. (d) The agreements and waivers of Buyer contained in this section Section 14 will survive (continue to be effective after) the closing.. Notwithstanding the foregoing, Buyer shall not be deemed to waive its rights, to the extent available, pursuant to Section 718.503(1)(a)1, F.S., and Section 718.506, F.S.

CONSTRUCTION SPECIFICATIONS. (a) The Unit and the Condominium will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications therefor kept in Seller’s construction office, as such plans and specifications are amended from time to time. Seller may make such changes in the plans and specifications that it deems appropriate at any time, to accommodate its "it in the field" field construction needs (as more fully discussed in this Section 514) and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, providers or Seller’s design professionals and/or contractors or contrac- tors, and Buyer agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Unitsuppliers. Such plans and specifications, as they are so amended, are referred to in this Agreement as “Seller’s Plans and Specifications.” ”. Without limiting Seller's ’s general right to make changes, Buyer specifically agrees that the changes described above above, changes to Units to cause same to be readily accessible for handicapped persons and/or to otherwise comply with applicable disability requirements of City, State or Federal law and changes in the dimensions of rooms, patios and balconies, in the location of windows, doors, walls, partitions, utility (including, but not limited to, electricaltelevision, cable intranet, internet, antennae and telephonetelephone and other technologies, equipment and wiring) lead-ins and outlets, air-conditioning equipment, ducts and components, lighting fixtures and electric panel boxes, and in the general layout of the Unit and Condominium, may be made by Seller in its discretion discretion. To the extent that Unit is constructed and finished in a manner to be readily accessible to handicapped persons and/or to otherwise comply with applicable disability requirements of City, State or Federal law, Buyer understands and agrees that the Unit must be maintained in that condition and that such changes Buyer shall not be deemed material or adverse to Buyer. precluded from altering those features of the Unit. (b) In furtherance of the understanding and agreement stated above, Buyer acknowledges and agrees that it is a widely observed construction industry practice for pre-construction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, “in the field” construction needs. These changes and adjustments are essential in order to permit all components of the Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer acknowledges and agrees that it is to Buyer’s benefit to allow Seller the flexibility to make such changes in the Unit and the Condominium. (c) Buyer further understands and agrees that Seller may, in its sole and absolute discretion, determine to build- out certain units in the Condominium in a manner designed to be handicapped accessible, which may include, without limitation, the installation of grab bars and alterations to the standard floor plan for the Unit. In the event that Seller elects to build-out the Unit in such manner, Buyer shall be deemed to have authorized and agreed to same, and to accept same at closing, without claim against Seller. Buyer further understands and agrees that Buyer may not make any alteration to the Unit subsequent to closing that may affect its suitability for handicapped persons. (d) Buyer further acknowledges and agrees that (i) the plans and specifications for the Unit and the Condominium on file with the applicable governmental authorities may not, initially, be identical in detail to Seller's ’s Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this Section 514, the plans and specifications on file with applicable governmental authorities, authorities may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, Buyer and Seller both acknowledge and agree that the Unit, the Condominium, Unit and the remainder of the Properties Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 3028, Seller disclaims and Buyer waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Buyer has not relied on or bargained for any such warranties. Without limiting the generality In furtherance of the foregoing sectionforegoing, because in the event of Seller’s need to coordinate any conflict between the appearance and design actual construction of the Condominium Unit and/or the Building, and that which is set forth on the remainder of the Properties, in connection with the nature and layout of the land on which construction is to take place and of the street, common areas and other features of the Propertiesplans, Buyer understands and agrees that the Unit may be construct- ed as a reverse ("mirror image") of, or otherwise in a manner different from, that illustrated in the floor actual construction shall prevail and building plan of the applicable model and building (as shown in the Condominium Documents or in any illustrations of the model and building); and may be "sited" in a position different from that of the applicable model and floor and building plan (or any such illustrations). Buyer agrees to accept the Unit and the said Building as "sited" by Seller and as actually constructed according to a reverse floor and/or building plan. This section does not limit (in lieu of what is set forth on the generality of Seller’s rights, set out elsewhere in this Agreement, to make other changes in the Unit, the Condominium and the Condomini- um Documents. plans). (e) Buyer understands and agrees that in designing the Condominium and the remaining portions of the PropertiesCondominium, the stairwells of within the Building were Condominium Property are intended solely primarily for ingress and egress in the event of emergency and, as such, are such may be constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the garage and utility pipes serving the Condominium are intended primarily for functional purposes, and as such may be left unfinished without regard to the aesthetic appearance of same. Further, Buyer hereby acknowledges and agrees that the potential for sound and/or odor transmission in a multi-story building such as the Condominium is very difficult to controlalways a possibility, and that noises and/or odors from adjoining or nearby Units, or other portions of the Condominium or the Properties, units and/or mechanical equipment can often be heard detected in other Unitsunits. Without limiting the generality of Section 3028, Seller does not make any representation or warranty as to the level of sound and/or odor transmission between and among Units Units, vibrations from HVAC and/or mechanical equipment and the other portions of the Condominium Property or the PropertiesProperty, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from vibration, sound and/or odor transmission. Lastly, Buyer further understands and agrees that there are various methods for calculating the square footage and dimensions of a Unit and that depending on the measurements method of calculation, the measured square footage of the Unit may be more or less than Buyer had anticipated. Typically, marketing materials will calculate the dimensions of the Unit from the exterior boundaries of the exterior walls to the centerline of interior demising walls, including common elements such as structural walls and facilities contained in sales brochures are based upon architectural measurementsother interior structural components of the building. Accordingly, Architectural or marketing size is larger than the size of the Unit and these facilities may vary. Notwithstanding determined strictly in accordance with the foregoing, nothing herein shall impair the rights and remedies of Buyers under Section 718.506 boundaries of the ActUnit set forth in the Declaration. Additionally, references in marketing materials to ceiling heights are generally taken from the top of the unfinished floor slab to the underside of the upper unfinished concrete slab, which is greater than the actual clearance that will result between the top of the finished floor coverings and the underside of the finished ceiling as same may be affected by any drop ceilings or soffits, including without limitation to accommodate mechanical equipment. Any listed ceiling heights are approximate and subject to change. Accordingly, during the pre-closing inspection, Buyer should, among other things, review the size and dimensions of the Unit. Buyer further agrees shall be deemed to have conclusively agreed to accept the size and understands that any trees and landscaping which are located on portions dimensions of the Properties Unit, regardless of any variances in the square footage from that which may be removed have been disclosed to accommodate constructionBuyer at any time prior to closing, whether included as part of the Condominium Documents, Seller’s promotional materials or otherwise. Without limiting the generality of any other provision of this Agreement, Seller does not guaranty make any representation or warranty as to the survival of any particular trees and landscaping which are left actual size, dimensions or planted on any portion square footage of the Properties. Unit, and Buyer hereby waives and expressly releases any such warranty. (f) The agreements and waivers of Buyer contained in this section Section 14 will survive (continue to be effective after) the closing.

CONSTRUCTION SPECIFICATIONS. The Unit and the Condominium (including, without limitation, all other units therein) will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications therefor kept in Seller’s construction office, as such plans and specifications are may be amended from time to time. Seller may make such changes in the plans and specifications that it deems appropriate at any time, to accommodate its "“in the field" ” construction needs (as more fully discussed in this Section 5section) and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, design professionals or contrac- torscontractors, or other consultants, and Buyer agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Unit. Such plans and specifications, as they are so amended, are referred to in this Agreement as “Seller’s Plans and Specifications.” Without limiting Seller's general right to make changes, Buyer specifically agrees that the changes described above and changes in the dimensions of roomsrooms (including, patios without limitation, ceiling heights, soffits and other variations), patios, terraces and balconies, in the location of windows, doors, walls, partitions, utility (including, but not limited to, electrical, cable and telephone) lead-ins and outlets, air-conditioning equipment, ducts and components, soffits, lighting fixtures and electric panel boxes, and in the general layout of the Unit and Condominium, may be made by Seller in its discretion and that such changes shall not be deemed material or adverse to Buyer. In furtherance of the understanding and agreement stated above, Buyer ▇▇▇▇▇ acknowledges and agrees that it is a widely observed construction industry practice for pre-construction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, “in the field” construction needs. These changes and adjustments are essential in order to permit all components of the Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer ▇▇▇▇▇ acknowledges and agrees that it is to Buyer▇▇▇▇▇’s benefit to allow Seller the flexibility to make such changes in the Unit and other portions of the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the Unit Unit, and other portions of the Condominium Condominium, on file with the applicable governmental authorities may not, initially, be identical in detail to Seller's Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this Section 5section, the plans and specifications on file with applicable governmental authorities, may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, Buyer and Seller both acknowledge and agree that the Unit, and other portions of the Condominium, and the remainder of the Properties may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 30, Seller disclaims and Buyer knowingly waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Buyer has not relied on or bargained for any such warranties. Without limiting the generality of the foregoing sectionparagraph, because of Seller’s need to coordinate the appearance and design of the Condominium and the remainder of the Properties, in connection with the nature and layout of the land on which construction is to take place and of the streetstreets, common areas elements and other features of the PropertiesCondominium, Buyer understands and agrees that the Unit may be construct- ed constructed as a reverse ("“mirror image"”) of, or otherwise in a manner different from, that illustrated in the floor and building plan of the applicable model and building (as shown in the Condominium Documents or in any illustrations of the model and building); and may be "“sited" ” in a position different from that of the applicable model and floor and building plan (or any such illustrations). Buyer ▇▇▇▇▇ agrees to accept the Unit and the said Building as "“sited" ” by Seller ▇▇▇▇▇▇ and as constructed according to a reverse floor and/or building plan. This section does not limit the generality of Seller’s rights, set out elsewhere in this Agreement, to make other changes in the Unit, the Condominium and the Condomini- um Condominium Documents. Buyer ▇▇▇▇▇ understands and agrees that in designing the Condominium and the remaining portions of the Properties, the stairwells of the Building were intended solely for ingress and egress in the event of emergency and, as such, are constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Further, Buyer hereby acknowledges and agrees that sound transmission in a building buildings such as the Condominium is very difficult to control, and that noises from adjoining or nearby Units, or other portions of the Condominium or the PropertiesCondominium, and/or mechanical or other equipment therein, can often be heard in other Units. Without limiting the generality of Section 30, Seller does not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the Condominium Property or the PropertiesProperty, and Buyer hereby knowingly waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission. Buyer further understands and agrees that there are various methods for calculating square footage and that the measurements of the Unit and facilities contained in sales brochures are based upon architectural measurements. Accordingly, the size of the Unit and these facilities may vary. Notwithstanding the foregoing, nothing herein shall impair the rights and remedies of Buyers Buyer under Section 718.506 of the Act. Buyer ▇▇▇▇▇ further agrees and understands that any trees and landscaping which are located on portions of the Properties Condominium Property may be removed to accommodate construction. Seller does not guaranty the survival of any particular trees and landscaping which are left or planted on any portion of the PropertiesCondominium Property. The agreements and waivers contained in this section will survive (continue to be effective after) closing.

CONSTRUCTION SPECIFICATIONS. The Unit and the Condominium will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications therefor therefore kept in Seller’s 's construction office, as such plans and specifications are amended from time to time. Seller may make such changes in the plans and specifications that it deems appropriate at any time, to accommodate its "in the field" field construction needs (as more fully discussed in this Section 5paragraph 6) and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, design professionals or contrac- tors, and Buyer agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Unit. Such plans and specifications, as they are so amended, are referred to in this Agreement as “"Seller’s 's Plans and Specifications.” ". Without limiting Seller's general right to make changes, Buyer ▇▇▇▇▇ specifically agrees that the changes described above and changes in the dimensions of rooms, patios and balconies, in the location locations of windows, doors, walls, partitions, utility (including, but not limited to, electrical, cable television and telephone) lead-ins and outlets, air-conditioning equipment, ducts and components, lighting fixtures and electric panel boxes, and in the general layout of the Unit and Condominium, may be made by Seller in its sole discretion and that such changes shall not be deemed material or adverse to Buyer. In furtherance of the understanding and agreement stated above, Buyer ▇▇▇▇▇ acknowledges and agrees that it is a widely observed construction industry practice for pre-construction preconstruction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, “"in the field” construction needs. These changes and adjustments are essential in order to permit all components of the Unit unit and the Building building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer ▇▇▇▇▇ acknowledges and agrees that it is to Buyer’s ▇▇▇▇▇'s benefit to allow Seller the flexibility to make such changes in the Unit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the Unit and the Condominium on file with the applicable governmental authorities may not, initially, be identical in detail to Seller's Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this Section 5paragraph 6, the plans and specifications on file with applicable governmental authorities, authorities may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, ; Buyer and Seller both acknowledge and agree that the Unit, the Condominium, Unit and the remainder of the Properties Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section paragraph 30, Seller disclaims and Buyer waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Buyer has not relied on or bargained for any such warranties. Without limiting the generality of paragraph 30, Seller does not make any representation or warranty as to the foregoing sectionlevel of sound transmission between and among Units and the other portions of the Condominium of the Condominium Property, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission. ▇▇▇▇▇ further agrees and understands that trees and landscaping which are located on portions of the Condominium Property may be removed to accommodate construction. Seller does not guaranty the survival of any trees and landscaping which are left or planted on any portion of the Condominium Property. ▇▇▇▇▇ further acknowledges and agrees that sound transmission in a high-rise building such as the Condominium is difficult to control and that noises from adjoining or nearby Units or mechanical equipment may be heard in other Units. Seller does not make any representation or warranty as to the level of sound transmission between and among Units or the other portions of the Condominium Property, and Buyer hereby waives and expressly releases Seller from any such warranty or claim for loss or damages resulting from sound transmission. Further, without limiting the generality of the foregoing, because of Seller’s 's need to coordinate the appearance and design of the Condominium overall development in which the Unit and the remainder Condominium are located, as well as the design of the PropertiesCondominium itself, both in connection with the nature and layout of the land on which construction is to take place and of the street, common areas and other features of the Propertiesdevelopment, Buyer ▇▇▇▇▇ understands and agrees that the Unit may be construct- ed as a reverse agrees: THE UNIT MAY BE CONSTRUCTED AS A REVERSE ("mirror imageMIRROR IMAGE") ofOF, or otherwise in a manner different fromOR OTHERWISE IN A MANNER DIFFERENT FROM THAT ILLUSTRATED IN, that illustrated in the floor and building plan of the applicable model and building THE FLOOR AND BUILDING PLAN OF THE APPLICABLE MODEL AND BUILDING (as shown in the Condominium Documents or in any illustrations of the model and buildingAS SHOWN IN THE CONDOMINIUM DOCUMENTS OR IN ANY ILLUSTRATIONS OF THE MODEL AND BUILDING); and may be AND MAY BE "sitedSITED" in a position different from that of the applicable model and floor and building plan IN A POSITION DIFFERENT FROM THAT OF THE APPLICABLE MODEL AND FLOOR AND BUILDING PLAN (or any such illustrationsOR ANY SUCH ILLUSTRATIONS). Buyer agrees to accept the Unit and the said Building as ▇▇▇▇▇ AGREES TO ACCEPT THE UNIT AND THE SAID BUILDING AS "sitedSITED" by Seller and as constructed according to a reverse floor and/or building planBY SELLER AND AS CONSTRUCTED ACCORDING TO A REVERSE OR MODIFIED FLOOR AND/OR BUILDING PLAN. This section paragraph does not limit the generality of Seller’s 's rights, set out elsewhere in this Agreement, to make other changes in the Unit, the Condominium and the Condomini- um Condominium Documents. Buyer understands and agrees that in designing the Condominium and the remaining portions of the Properties, the stairwells of the Building were intended solely for ingress and egress in the event of emergency and, as such, are constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Further, Buyer hereby acknowledges and agrees that sound transmission in a building such as the Condominium is very difficult to control, and that noises from adjoining or nearby Units, or other portions of the Condominium or the Properties, and/or mechanical equipment can often be heard in other Units. Without limiting the generality of Section 30, Seller does not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the Condominium Property or the Properties, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission. Buyer further understands and agrees that there are various methods for calculating square footage and that the measurements of the Unit and facilities contained in sales brochures are based upon architectural measurements. Accordingly, the size of the Unit and these facilities may vary. Notwithstanding the foregoing, nothing herein shall impair the rights and remedies of Buyers under Section 718.506 of the Act. Buyer further agrees and understands that any trees and landscaping which are located on portions of the Properties may be removed to accommodate construction. Seller does not guaranty the survival of any particular trees and landscaping which are left or planted on any portion of the Properties. The agreements and waivers of Buyer contained in this section paragraph will survive (continue to be effective after) closing.