Common use of CONSTRUCTION SPECIFICATIONS Clause in Contracts

CONSTRUCTION SPECIFICATIONS. The Unit and the Condominium will be constructed in substantial accordance with the plans and specifications therefore 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 paragraph 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, 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 locations of windows, doors, walls, partitions, utility (including, but not limited to, 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 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 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 paragraph 6, 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 the Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of 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 level 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. Buyer 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. Buyer 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 need to coordinate the appearance and design of the overall development in which the Unit and the Condominium are located, as well as the design of the Condominium 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 development, Buyer understands and agrees: THE UNIT MAY BE 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 OR MODIFIED FLOOR AND/OR BUILDING PLAN. This paragraph 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 Condominium Documents. The agreements and waivers of Buyer contained in this paragraph will survive (continue to be effective after) closing.

CONSTRUCTION SPECIFICATIONS. The Unit and the Condominium will be constructed in substantial accordance with the plans and specifications therefore 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 paragraph 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, 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 Xxxxx specifically agrees that the changes described above and changes in the dimensions of rooms, patios and balconies, in the locations of windows, doors, walls, partitions, utility (including, but not limited to, 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 Xxxxx acknowledges and agrees that it is a widely observed construction industry practice for 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 and the building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer Xxxxx acknowledges and agrees that it is to BuyerXxxxx'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 paragraph 6, 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 the Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of 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 level 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. Buyer Xxxxx 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. Buyer Xxxxx 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 need to coordinate the appearance and design of the overall development in which the Unit and the Condominium are located, as well as the design of the Condominium 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 development, Buyer Xxxxx understands and agrees: THE UNIT MAY BE 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 XXXXX AGREES TO ACCEPT THE UNIT AND THE SAID BUILDING AS "SITED" BY SELLER AND AS CONSTRUCTED ACCORDING TO A REVERSE OR MODIFIED FLOOR AND/OR BUILDING PLAN. This paragraph 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 Condominium Documents. The agreements and waivers of Buyer contained in this paragraph will survive (continue to be effective after) closing.

CONSTRUCTION SPECIFICATIONS. The Unit and the Condominium will be constructed in substantial accordance with the plans and specifications therefore 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 paragraph 6) Section 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, 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 Unitproviders or Seller’s design professionals and/or contractors or suppliers. 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 ’s general right to make changes, Buyer specifically agrees that the changes described above and changes in the dimensions location of rooms, patios and balconies, in the locations of windows, doors, walls, partitions, utility (including, but not limited to, 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 Buyerdiscretion. In furtherance of the understanding and agreement stated above, Buyer acknowledges and agrees that it is a widely observed construction industry practice for preconstruction 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 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 ’s Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this paragraph 6Section 14, 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 agree: The Unit and the Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of paragraph 30Section 28, 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. In furtherance of the foregoing, in the event of any conflict between the actual construction of the Unit and/or the Building, and that which is set forth on the plans, Buyer agrees that the actual construction shall prevail and to accept the Unit and Building as actually constructed (in lieu of what is set forth on the plans). Buyer understands and agrees that in designing the Condominium, the stairwells within the Condominium Property are intended primarily for ingress and egress in the event of emergency and, as 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 is always a possibility. Without limiting the generality of paragraph 30Section 28, 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 of the Condominium Property, 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 understands dimensions of a Unit and that trees depending on the 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 landscaping other interior components of the building. Architectural or marketing size is larger than the size of the Unit determined strictly in accordance with the boundaries of the Unit 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 located on portions 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 shall be deemed to have conclusively agreed to accept the size and dimensions of the Unit, regardless of any variances in the square footage from that which may have been disclosed to Buyer at any time prior to closing, whether included as part of the Condominium Property may be removed to accommodate constructionDocuments, Seller's promotional materials or otherwise. Seller does not guaranty Without limiting the survival generality of any trees and landscaping which are left or planted on any portion other provision of the Condominium Property. Buyer 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. this Agreement, Seller does not make any representation or warranty as to the level of sound transmission between and among Units actual size, dimensions or the other portions square footage of the Condominium PropertyUnit, 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 need to coordinate the appearance and design of the overall development in which the Unit and the Condominium are located, as well as the design of the Condominium 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 development, Buyer understands and agrees: THE UNIT MAY BE 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 OR MODIFIED FLOOR AND/OR BUILDING PLAN. This paragraph 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 Condominium Documentswarranty. The agreements and waivers of Buyer contained in this paragraph Section 14 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 therefore kept held in Seller's construction 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 construction needs (as more fully discussed in this paragraph 6Section 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 contractors, 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 Plans and Specifications". Without limiting Seller's general right to make changes, Buyer Xxxxx specifically agrees that the changes described above and changes in the dimensions of rooms, patios rooms and balconies, patios, in the locations location of windows, doors, walls, partitions, utility (including, but not limited to, television 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 sole discretion and that such changes shall not be deemed material or adverse to Buyerdiscretion. In furtherance of the understanding and agreement stated above, Buyer Xxxxx acknowledges and agrees that it is a widely observed construction industry practice for preconstruction 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 to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer Xxxxx acknowledges and agrees that it is to Buyer's Xxxxx’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 paragraph 6Section 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 and floor and/or building plan of the Condominium 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 paragraph 30Section 29 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 paragraph 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 of the Condominium Property, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission. Buyer 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. Buyer 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 overall development in which the Unit and the Condominium are locatedProperties, as well as the design of the Condominium 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 developmentProperties, Buyer understands and agrees: THE UNIT MAY BE CONSTRUCTED AS A REVERSE The Dwelling Unit may be constructed as a reverse ("MIRROR IMAGEmirror image") OFof, OR OTHERWISE IN A MANNER DIFFERENT FROM THAT ILLUSTRATED INor otherwise in a manner different from, THE FLOOR AND BUILDING PLAN OF THE APPLICABLE MODEL AND BUILDING 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 BUILDINGas shown in the sales brochure 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 Xxxxx agrees to accept the Dwelling Unit as "SITEDsited" BY SELLER AND AS CONSTRUCTED ACCORDING TO A REVERSE OR MODIFIED FLOOR AND/OR BUILDING PLANby Xxxxxx and as constructed according to a reverse floor and/or building plan. Xxxxx 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 paragraph Section does not limit the generality of Seller's ’s rights, set out elsewhere in this Agreement, to make other changes in the Dwelling Unit, the Condominium Properties and the Condominium Homeowners’ Documents. Xxxxx 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 paragraph Section will survive (continue to be effective after) closing.