Common use of CONSTRUCTION SPECIFICATIONS Clause in Contracts

CONSTRUCTION SPECIFICATIONS. The Dwelling Unit will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications held in Seller's office, as such plans and specifications are amended from time to time. Seller may make 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 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 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, Xxxxx specifically agrees that the changes described above and changes in the dimensions of 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 Dwelling Unit, may be made by Seller in its discretion. In furtherance of the understanding and agreement stated above, Xxxxx acknowledges and agrees that it is a widely observed construction industry practice for pre- construction plans and specifications for any 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 building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Xxxxx acknowledges and agrees that it is to Xxxxx’s benefit to allow Seller the flexibility to make such changes in the Dwelling Unit. Buyer further acknowledges and agrees that (i) the plans and specifications for the floor plan of the model selected by Buyer that may be on file with 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 floor and/or building plan of the 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 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 the foregoing, because of Seller’s need to coordinate the appearance and design 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: The Dwelling 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 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). Xxxxx agrees to accept the Dwelling Unit as "sited" by 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 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 Properties and the 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 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 held therefor kept in Seller's construction office, as such plans and specifications are amended from time to time. Seller may make any 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) 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 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 Unitsuppliers. 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, Xxxxx Buyer specifically agrees that the changes described above and changes in the dimensions of rooms and balconies, patios, 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 Dwelling Unit, may be made by Seller in its discretion. In furtherance of the understanding and agreement stated above, Xxxxx 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 building Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Xxxxx Buyer acknowledges and agrees that it is to XxxxxBuyer’s benefit to allow Seller the flexibility to make such changes in the Dwelling UnitUnit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the floor plan of Unit and the model selected by Buyer that may be 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 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 agree: The Unit and the floor and/or building plan of the model selected by Buyer Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 29 below28, 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 Section 28, Seller does not make any representation or warranty as to the foregoinglevel of sound and/or odor transmission between and among Units, because of Seller’s need to coordinate vibrations from HVAC and/or mechanical equipment and the appearance and design other portions of the PropertiesCondominium Property, in connection with the nature and layout of the land on which construction is to take place Buyer hereby waives and of the streetexpressly releases any such warranty and claim for loss or damages resulting from vibration, common areas and other features of the Propertiessound and/or odor transmission. Lastly, Buyer understands and agrees: The Dwelling 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 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). Xxxxx agrees to accept the Dwelling Unit as "sited" by 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 dimensions of a Unit and that depending on the measurements method of calculation, the measured square footage of the Dwelling 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 Dwelling 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 these facilities the underside of the finished ceiling as same may vary be affected by more than a nominal amountany drop ceilings or soffits, including without limitation to accommodate mechanical equipment. This Section does not limit 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 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 Documents, Seller's promotional materials or otherwise. Without limiting the generality of Seller’s rights, set out elsewhere in any other provision of this Agreement, to make other changes in the Dwelling Unit, the Properties and the 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 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 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 held therefore kept in Seller's construction office, as such plans and specifications are amended from time to time. Seller may make any 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 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 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, Xxxxx Buyer specifically agrees that the changes described above and changes in the dimensions of rooms rooms, patios and balconies, patios, 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 Dwelling UnitUnit and Condominium, may be made by Seller in its discretionsole discretion and that such changes shall not be deemed material or adverse to Buyer. In furtherance of the understanding and agreement stated above, Xxxxx 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- 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, Xxxxx Buyer acknowledges and agrees that it is to Xxxxx’s Buyer's benefit to allow Seller the flexibility to make such changes in the Dwelling UnitUnit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the floor plan of Unit and the model selected by Buyer that may be 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 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 floor and/or building plan of Unit and the model selected by Buyer Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 29 belowparagraph 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 's need to coordinate the appearance and design of the Propertiesoverall 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 Propertiesdevelopment, Buyer understands and agrees: The Dwelling Unit may be constructed as a reverse 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 sales brochure 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). Xxxxx agrees to accept the Dwelling Unit as BUYER AGREES TO ACCEPT THE UNIT AND THE SAID BUILDING AS "sitedSITED" by 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 amountBY 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 Dwelling Unit, the Properties Condominium and the Homeowners’ Condominium 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 Section paragraph 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 held therefor kept in Seller's ’s construction office, as such plans and specifications are amended from time to time. Seller may make any 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) 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 contractorscontrac- 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 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, Xxxxx Buyer specifically agrees that the changes described above and changes in the dimensions of rooms rooms, patios 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 Dwelling UnitUnit and Condominium, may be made by Seller in its discretiondiscretion and that such changes shall not be deemed material or adverse to Buyer. In furtherance of the understanding and agreement stated above, Xxxxx 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 building Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Xxxxx Buyer acknowledges and agrees that it is to XxxxxBuyer’s benefit to allow Seller the flexibility to make such changes in the Dwelling UnitUnit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the floor plan of Unit and the model selected by Buyer that may be 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 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 floor and/or building plan Unit, the Condominium, and the remainder of the model selected by Buyer Properties may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 29 below30, 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 foregoingforegoing 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: The Dwelling agrees that the Unit may be constructed 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 sales brochure 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). Xxxxx Buyer agrees to accept the Dwelling Unit and the said Building as "sited" by Xxxxxx Seller 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 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 Properties Condominium and the Homeowners’ Condomini- um Documents. Xxxxx 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 Dwelling Unit and the Condominium will be constructed in substantial accordance (in Seller's opinion) with the plans and specifications held therefore kept in Seller's construction office, as such plans and specifications are amended from time to time. Seller may make any 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 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 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, Xxxxx specifically agrees that the changes described above and changes in the dimensions of rooms rooms, patios and balconies, patios, 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 Dwelling UnitUnit and Condominium, may be made by Seller in its discretionsole discretion and that such changes shall not be deemed material or adverse to Buyer. In furtherance of the understanding and agreement stated above, Xxxxx 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- 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, Xxxxx acknowledges and agrees that it is to Xxxxx’s 's benefit to allow Seller the flexibility to make such changes in the Dwelling UnitUnit and the Condominium. Buyer further acknowledges and agrees that (i) the plans and specifications for the floor plan of Unit and the model selected by Buyer that may be 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 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 floor and/or building plan of Unit and the model selected by Buyer Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of Section 29 belowparagraph 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. 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. 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 's need to coordinate the appearance and design of the Propertiesoverall 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 Propertiesdevelopment, Buyer Xxxxx understands and agrees: The Dwelling Unit may be constructed as a reverse 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 sales brochure 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). Xxxxx agrees to accept the Dwelling Unit as XXXXX AGREES TO ACCEPT THE UNIT AND THE SAID BUILDING AS "sitedSITED" by 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 amountBY 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 Dwelling Unit, the Properties Condominium and the Homeowners’ Condominium 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 Section paragraph will survive (continue to be effective after) closing.