Common use of Certain Items and Materials Clause in Contracts

Certain Items and Materials. Buyer understands and agrees that certain items such as the following, which may be seen in illustrations, are not included with the sale of the Unit: wall coverings (including paint other than base primer), accent light fixtures, wall ornaments, drapes, blinds, furniture, knickknacks and other decorator accessories, lamps, mirrors, graphics, pictures, plants, wall-hung shelves, wet bars, intercoms, sound systems, kitchen accessories, linens, window shades, certain built-in fixtures, carpets or other floor coverings and colors, wood trim, other upgraded items, balcony treatments (e.g., tile, brick, scored concrete or wood trim), barbecues, planters, window screens, landscaping and any other items of this nature which may be added or deleted by Seller from time to time. This list of items (which is not all-inclusive) is provided as a illustration of the type of items built-in or placed upon the models (if any) or shown in illustrations strictly for the purpose of decoration and example only. Items such as these will not be included in the Unit unless specifically provided for in a Rider or Schedule to this Agreement signed by both Buyer and Seller. Certain of these items may not even by available. In the event that Seller does provide any of these or other items, however, Xxxxx agrees to accept them, although not requested by Xxxxx, as long as Buyer is not required to pay for such items. There is no obligation for Seller to provide models, but if so provided, the foregoing disclaimers will apply. Buyer further understands and agrees that certain items, if included with the Unit, such as tile, marble, granite, cabinets, wood, stain, grout, wall and ceiling textures and carpeting, are subject to size and color variations, grain and quality variations, and may vary in accordance with price, availability and changes by manufacturer from those shown in the illustrations or included in Seller's Plans and Specifications or in the published list of standard items (if any). If circumstances arise which, in Seller's opinion, warrant changes of suppliers, manufacturers, brand names or items, Seller may substitute equipment, material, appliances, etc., with items which in Seller's opinion are of equal or better quality (regardless of cost). Buyer also understands and acknowledges that Seller has the right to substitute or change materials and/or stain colors utilized in wood decor (if any). Buyer recognizes that certain colors as shown in displays including, but not limited to, carpeting and wood stain, will weather and fade and may not be duplicated precisely. If Seller allows Buyer to select certain colors and/or materials in the Unit (which Seller is not obligated to do), Xxxxx understands and agrees that Buyer must submit Xxxxx's selections to Seller in writing within fourteen (14) days after the date the list of selections (if any) is made available to Buyer. If these selections (if any) are not delivered to Seller in writing within the time period stated above, then it is agreed and understood that the choices will be made by Seller in Seller's sole discretion. The agreements and waivers of Buyer contained in this paragraph will survive (continue to be effective after) closing.

Certain Items and Materials. The Purchase Price of the Unit includes only the following items (unless a credit has been given for any additional item): kitchen cabinets, refrigerator/freezer, dishwasher, range and oven, washer and dryer. Buyer understands and agrees that, except as expressly provided herein to the contrary, the Unit will be delivered at closing in “decorator-ready condition.” “Decorator-ready condition” generally means that the Unit will be delivered to Buyer in a condition where it is ready for decoration and finish by the Buyer after Closing. The Unit will be painted white or off-white, but will not contain wall, window or ceiling coverings, closet rods or shelving, bathroom accessories or lighting fixtures. Buyer further understands and agrees that certain other items such as the following, which may be seen in models (if any) or in illustrations, are not included with the sale of the Unit: wall coverings coverings, paint or paint colors (including paint other than base primeroff-white), accent light fixtures, wall ornaments, drop ceilings and recess lighting, drapes, blinds, furniture, knickknacks and other decorator accessories, lamps, mirrors, graphics, pictures, plants, wall-hung shelves, wet bars, intercoms, sound systems, kitchen accessories, linens, window shades, security systems, certain built-in fixtures, carpets or other floor coverings and colors, wood trim, other upgraded items, balcony treatments (e.g., tile, brick, scored concrete or wood trim), barbecues, planters, window screensscreening, landscaping and any other items of this nature which may be added or deleted by Seller from time to time. Buyer specifically acknowledges that the only floor coverings included with the sale of the Unit are in the bathrooms (excluding the powder rooms, if any). This list of items (which is not all-inclusive) is provided as a an illustration of the type of items built-in or placed upon the models (if any) or shown in illustrations strictly for the purpose of decoration and example only. Items such as these will not be included in the Unit unless specifically provided for in a Rider published list of standard items (if any) or Schedule in a rider or schedule to this Agreement signed by both Buyer and Seller. Certain of these items may not even by be available. In the event that Seller does provide any of these or other items, however, Xxxxx Buyer agrees to accept them, although not requested by XxxxxBuyer, as long as Buyer is not required to pay for such items. There is no obligation for Seller to provide models, but if so provided, the foregoing disclaimers disclaim- ers will apply. Buyer further understands and agrees that certain items, if items which may be included with the UnitUnit or shown in models, such as (if applicable) tile, marble, granite, cabinets, wood, stain, grout, wall and ceiling textures textures, cultured marble, mica and carpeting, are subject to size and color variations, grain and quality variations, and may vary in accordance with price, availability and changes by manufacturer from those shown in the any models or in illustrations or included in Seller's Plans the plans and Specifications or in the published list of standard items (specifications, if any). If circumstances arise which, in Seller's opinion, warrant changes of suppliers, manufacturers, brand names names, models or items, Seller may substitute equipment, material, appliances, etc., with items which in Seller's opinion are of equal or better quality (regardless of cost)quality. Buyer also understands and acknowledges that Seller has the right to substitute or change materials and/or stain colors utilized in wood decor (if any). Buyer recognizes that certain colors as shown in displays or in the models, including, but not limited to, carpeting and wood stain, will weather and fade and may not be duplicated precisely. If Seller allows Buyer to select certain colors and/or materials in the Unit (which Seller is not obligated to do), Xxxxx Buyer understands and agrees that Buyer must submit Xxxxx's his selections to Seller in writing within fourteen (14) days after the date the list of selections (if any) is made available to Buyer. If these selections (if any) are not delivered to Seller in writing within the time period frame stated above, then it is agreed and understood that the choices will be made by Seller in its discretion. Any options, extras, upgrades or alterations (“Extras”) for the Unit desired by Buyer shall be ordered, if approved by Seller's sole discretion, pursu- ant to a written addendum agreed to and executed by the Buyer and the Seller. If Buyer orders Extras pursuant to an addendum to this Agreement, all such work shall be performed by or on behalf of Seller in accordance with such addendum and Buyer shall not be entitled to a refund of monies paid for the Extras unless: (i) this Agreement is voided by Buyer pursuant to the terms hereof; (ii) Seller fails to install the Extras; (iii) Seller defaults hereunder; or (iv) as otherwise provided in Section 15(a) of this Agreement. Buyer acknowledges the necessity and fairness of this provision because Seller will be incurring nonrefundable expenses in ordering these Extras to be installed or construct- ed within the Unit in reliance on this Agreement and any addendum hereto. The agreements and waivers of Buyer contained in this paragraph section will survive (continue to be effective after) closing.

Certain Items and Materials. (a) Buyer understands and agrees that, other than the “Standard Improvements” which include (i) standard flooring (selections to be provided by Seller), (ii) tile in bathrooms, (iii) cabinets and standard plumbing fixtures in bathrooms, (iv) kitchen cabinets and standard appliances and (v) one coat of primer on walls, the Unit is to be delivered at closing in “standard-finish condition”. “Standard-finish condition” generally means that the Unit will be delivered in a condition which includes the Standard Improvements and is otherwise ready for decoration and finish by the Buyer after closing. (b) Buyer understands and agrees that certain items such as the following, which may be seen in model Units (if any), brochures or in illustrations, are not included with the sale of the UnitUnit if not otherwise described as part of the Standard Finishes: wall coverings (including paint other than base primer), accent light fixtures, wall ornaments, drapes, blinds, furniture, knickknacks and other decorator accessories, lamps, mirrors, graphics, pictures, plants, wall-hung shelves, wet bars, intercoms, sound systems, kitchen accessories, linens, window shades, security systems, certain built-in fixtures, cabinetry, carpets or other floor coverings and colors, wood trim, other upgraded items, balcony treatments (e.g., tile, stone, marble, brick, scored concrete or wood trim), barbecues, planters, window screens, landscaping and any other items of this nature which may be added or deleted by Seller from time to time. This list of items (which is not all-inclusive) is provided as a an illustration of the type of items built-in or placed upon in the models model Units (if any) or shown in illustrations strictly for the purpose of decoration and example only. Items such as these will not be included in the Unit unless specifically provided for in a Rider or Schedule written addendum to this Agreement signed by both Buyer and Seller. Certain of these items may not even by be available. In the event that Seller does provide any of these or other items, however, Xxxxx Buyer agrees to accept them, although not requested by XxxxxBuyer, as long as Buyer is not required to pay for such items. Any appliances and/or design features or finishes which may be contained in any sales center or model apartments are, if to be included with the Unit, conceptual only and subject to change. Buyer understands agrees that the exact models and manufacturers of appliances to be included with the Unit are subject to change, and that items shown in the sales center and/or model apartments are merely indications of the relative quality of the items to be included (without being representations by Seller as to the actual items to be included). There is no obligation for Seller to provide modelsa model apartment, but if so provided, the foregoing disclaimers will apply. . (c) Buyer further understands and agrees that certain items, if included with the Unit, such as tile, marble, stone, granite, cabinets, wood, stain, grout, wall and ceiling textures textures, mica and carpeting, are subject to size and color variations, grain and quality variations, and may vary in accordance with price, availability and changes by manufacturer from those shown in the models or in illustrations or included in Seller's Plans and Specifications or in the published list of standard items (if any). If circumstances arise which, in Seller's ’s opinion, warrant changes of suppliers, manufacturers, brand names names, models or items, or if Seller elects to omit certain items, Seller may substitute modify the list of standard features or make substitutions for equipment, material, appliances, brands, models, etc., with items which in Seller's ’s opinion are of equal or better quality (regardless of cost). Buyer also understands and acknowledges agrees that Seller has the right to substitute or change materials and/or stain colors utilized in wood decor (if any). Buyer recognizes that certain colors as shown in displays or in the models, including, but not limited to, stone, marble, granite, cabinetry, carpeting and wood stain, will weather and fade and may not be duplicated precisely. . (d) If Seller allows Buyer to select certain colors and/or materials in the Unit (which Seller is not obligated to do), Xxxxx Buyer understands and agrees that Buyer must submit Xxxxx's Buyer’s selections to Seller in writing within fourteen (14) days after the date the list of selections (if any) is made available to Buyer. If these selections (if any) are not delivered to Seller in writing within the time period stated above, then it is agreed and understood that the choices will be made by Seller in Seller's ’s sole discretion. . (e) The agreements and waivers of Buyer contained in this paragraph Section 15 will survive (continue to be effective after) closing.

Certain Items and Materials. The Total Purchase Price of the Dwelling Unit includes only the following items (unless a credit has been given for any additional item): kitchen cabinets, refrigerator/freezer, dishwasher, range and oven, washer and dryer, flooring and painting (to builder’s specifications). Xxxxx understands and agrees that, except as expressly provided herein to the contrary, the Dwelling Unit will be delivered at closing in “decorator-ready condition.” “Decorator-ready condition” generally means that the Dwelling Unit will be delivered to Buyer in a condition where it is ready for decoration and finish by the Buyer after Closing. The Dwelling Unit will not contain wall, window or ceiling coverings, closet rods or shelving, bathroom accessories or lighting fixtures. Buyer further understands and agrees that certain other items such as the following, which may be seen in models (if any) or in illustrations, are not included with the sale of the Dwelling Unit: wall coverings coverings, paint or paint colors (including paint other than base primeroff-white), accent light fixtures, wall ornaments, drop ceilings and recess lighting, drapes, blinds, furniture, knickknacks and other decorator accessories, lamps, mirrors, graphics, pictures, plants, wall-wall- hung shelves, wet bars, intercoms, sound systems, kitchen accessories, linens, window shades, security systems, certain built-in fixtures, carpets or other floor coverings and colors, wood trim, other upgraded items, balcony treatments (e.g., tile, brick, scored concrete or wood trim), barbecues, planters, window screensscreening, landscaping and any other items of this nature which may be added or deleted by Seller from time to time. This list of items (which is not all-inclusive) is provided as a an illustration of the type of items built-in or placed upon the models (if any) or shown in illustrations strictly for the purpose of decoration and example only. Items such as these will not be included in the Dwelling Unit unless specifically provided for in a published list of standard items (if any) or in a Rider or Schedule to this Agreement signed by both Buyer and Seller. Certain of these items may not even by be available. In the event that Seller does provide any of these or other items, however, Xxxxx agrees to accept them, although not requested by Xxxxx, as long as Buyer is not required to pay for such items. There is no obligation for Seller to provide models, but if so provided, the foregoing disclaimers will apply. Buyer further understands and agrees that certain items, if items which may be included with the UnitDwelling Unit or shown in models (if any), such as (if applicable) tile, marble, granite, cabinets, wood, stain, grout, wall and ceiling textures textures, cultured marble, mica and carpeting, are subject to size and color variations, grain and quality variations, and may vary in accordance with price, availability and changes by manufacturer from those shown in the any models or in illustrations or included in Seller's Plans and Specifications or in the published list of standard items (if any). If circumstances arise which, in Seller's opinion, warrant changes of suppliers, manufacturers, brand names names, models, or items, Seller may substitute equipment, material, appliances, etc., with items items, which in Seller's opinion are of equal or better quality (regardless of cost)quality. Buyer also understands and acknowledges that Seller has the right to substitute or change materials and/or stain colors utilized in wood decor (if any). Buyer recognizes that certain colors as shown in displays or in the models, including, but not limited to, roof, carpeting and wood stain, will weather and fade and may not be duplicated precisely. If Seller allows Buyer to select certain colors and/or materials in the Dwelling Unit (which Seller is not obligated to do), Xxxxx understands and agrees that Buyer must submit Xxxxx's ’s selections to Seller in writing within fourteen (14) days after the date the list of selections (if any) is made available to Buyer. If these selections (if any) are not delivered to Seller in writing within the time period frame stated above, then it is agreed and understood that the choices will be made by Seller in Seller's its sole discretion. The agreements Any options, extras, upgrades or alterations (“Extras”) for the Dwelling Unit desired by Buyer shall be ordered, if approved by Seller, pursuant to a written addendum agreed to and waivers executed by the Buyer and the Seller. If Buyer orders Extras pursuant to an addendum to this Agreement, all such work shall be performed by or on behalf of Seller in accordance with such addendum and Buyer contained shall not be entitled to a refund of monies paid for the Extras unless: (i) this Agreement is voided by Buyer pursuant to the terms hereof; (ii) Seller fails to install the Extras; (iii) Seller defaults hereunder; or (iv) as otherwise provided in Section 15 (but only to the extent applicable). Buyer acknowledges the necessity and fairness of this paragraph provision because Seller will survive (continue be incurring nonrefundable expenses in ordering these Extras to be effective after) closinginstalled or constructed within the Dwelling Unit in reliance on this Agreement and any addendum hereto.

Certain Items and Materials. (a) Buyer understands and agrees that the Unit to be delivered at Closing will, subject to Seller’s right to make substitutions and/or modifications as set forth in this Agreement, contain the following features: dishwasher, refrigerator, microwave, range, and oven. Buyer understands and agrees that certain items such as the following, which may be seen in the sales center, models (if any) or in illustrations, are not included with the sale of the Unit: wall coverings (including paint other than base primer), accent light fixtures, wall ornaments, drapes, blinds, furniture, knickknacks and other decorator accessories, lamps, mirrors, graphics, pictures, plants, wall-hung shelves, wet bars, intercoms, sound systems, kitchen accessories, linens, window shades, security systems, certain built-built- in fixtures, cabinetry, carpets or other floor coverings and colors, wood trim, other upgraded items, balcony treatments (e.g., tile, stone, marble, brick, scored concrete or wood trim), barbecues, planters, window screens, landscaping and any other items of this nature which may be added or deleted by Seller from time to time. This list of items (which is not all-inclusive) is provided as a an illustration of the type of items built-built- in or placed upon the models (if any) or shown in illustrations strictly for the purpose of decoration and example only. Items such as these will not be included in the Unit unless specifically provided for in a Rider rider or Schedule schedule to this Agreement signed by both Buyer and Seller. Certain of these items may not even by be available. In the event that Seller does provide any of these or other items, however, Xxxxx Buyer agrees to accept them, although not requested by XxxxxBuyer, as long as Buyer is not required to pay for such items. There is no obligation for Seller to provide models, but if so provided, the foregoing disclaimers will apply. . (b) Buyer further understands and agrees that certain items, if included with the Unit, such as tile, marble, granite, cabinets, wood, stain, grout, wall and ceiling textures textures, granite, marble, stone, mica and carpeting, are subject to size and color variations, grain and quality variations, and may vary in accordance with price, availability and changes by manufacturer from those shown in the models or in illustrations or included in Seller's ’s Plans and Specifications or in the published list of standard items (if any). Accordingly, the existence of any of the foregoing matters shall not release Buyer from any of its obligations under this Agreement or be the basis for designating any such items as punch list items. If circumstances arise which, in Seller's ’s opinion, warrant changes of suppliers, manufacturers, brand names or items, or if Seller elects to omit certain items, Seller may substitute modify the list of standard features or make substitutions for equipment, material, appliances, etc., with items which in Seller's ’s opinion are of equal or better quality (regardless of cost). Buyer also understands and acknowledges that Seller has the right to substitute or change materials and/or stain colors utilized in wood decor (if any). Buyer recognizes that certain colors as shown in displays or in the models, including, but not limited to, cabinetry, carpeting and wood stain, will weather and fade and may not be duplicated precisely. . (c) If Seller allows Buyer to select certain colors and/or materials in the Unit (which Seller is not obligated to do), Xxxxx Buyer understands and agrees that Buyer must submit Xxxxx's Buyer’s selections to Seller in writing within fourteen ten (1410) days after the date the list of selections (if any) is made available to Buyer. If these selections (if any) are not delivered to Seller in writing within the time period stated above, then it is agreed and understood that the choices will be made by Seller in Seller's ’s sole discretion. In order to control the overall design and appearance of the Condominium, Seller reserves the right to select the exterior colors and finishing materials for all of the Common Elements. (d) The agreements and waivers of Buyer contained in this paragraph Section 10 will survive (continue to be effective after) closingClosing.