Common use of Existing Improvements and Other Matters Clause in Contracts

Existing Improvements and Other Matters. Buyer understands and agrees that the Condominium is a conversion of a previously existing rental apartment complex which was not constructed by Seller and accordingly that the Condominium is not new construction. Buyer acknowledges having received a copy of the conversion inspection report included as an attachment to the Prospectus which discloses the condition of various components of the Condominium. Additionally, as an attachment to the Prospectus, Buyer has received a copy of a termite inspection report prepared by a Florida licensed pest operator. These reports disclose, among other things, a discussion on the current condition of the Condominium and many of its mechanical and structural components. Buyer acknowledges that Buyer has had the opportunity to examine such plans and specifications as Seller has obtained (including all changes thereto to date) for the Units and Condominium, all of which are located in the Association’s offices and available for inspection during regular business hours or by appointment. Buyer recognizes that, during construction, the plans and specifications for the improvements to the Condominium may have been modified to reflect ongoing, “in the field” construction needs. Because certain changes made to the plans and specifications did not have to be filed with the governmental authorities at all, Buyer acknowledges and agrees that the plans and specifications for the Units and the Condominium on file with applicable governmental authorities may not be identical to those current plans and specifications available for inspection in the Association’s office. In light of this, before Buyer is entitled to assume the accuracy of any information available from the governmental authorities in regard to plans and specifications on file with them, Buyer must first consult the Association’s copy of the plans and specifications (including all applicable change orders and revisions), the Association’s copy being the only one on which Buyer may rely. Buyer understands and agrees that certain of the stairwells are left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the 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. The foregoing is not intended to prohibit the use of the stairwells and utility pipes for any other legal purpose. Further, Buyer hereby acknowledges and agrees that sound and/or odor transmission in a multi-story building such as the Condominium is very difficult to control, and that noises and/or odors from adjoining or nearby units and or mechanical equipment can often be detected in other units. Without limiting the generality of Section 30, Seller does not make any representation or warranty as to the level of sound and/or odor transmission between and among units and other portions of the Condominium Property and the Project, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound and/or odor transmission. The provisions of this Section ‎7 will survive (continue to be effective after) closing.

Existing Improvements and Other Matters. Buyer understands and agrees that the Condominium is a conversion of a previously existing rental apartment complex which was improvements that were not constructed by Seller and accordingly that the Condominium is not new construction. Buyer acknowledges having received a copy of the conversion inspection report included as an attachment to in the Prospectus which discloses the condition of various components of the Condominium. Additionally, as an attachment to the Prospectus, Buyer has received a copy of a termite inspection report prepared by a Florida licensed pest operator. These reports disclose, among other things, a discussion on the current condition of the Condominium and many of its mechanical and structural components. Seller has agreed to renovate the existing improvements, so that the following portions of the Condominium will be replaced with new components: framing and drywall, electrical wiring and light fixtures, plumbing and fixtures, phone wiring, paint and wallcoverings, doors and hardware, kitchen cabinets and bath vanity, tile at bathroom, entryway and kitchen, sliding glass door, glass balcony rails and HVAC (heat pump source and air conditioner). Buyer acknowledges and agrees that Buyer has had the opportunity to examine such plans and specifications as Seller has obtained (including all changes thereto to date) for the Units Unit and Condominium, all of which are located in the AssociationSeller’s offices and available for inspection during regular business hours or by appointment. Buyer recognizes that, during construction, the plans and specifications for the improvements to the Condominium may have been be modified to reflect ongoing, “in the field” construction needs. Because certain changes that may be made to the plans and specifications did may not have to be filed with the governmental authorities at all, Buyer acknowledges and agrees that the plans and specifications for the Units Unit and the Condominium on file with applicable governmental authorities may not be identical to those current plans and specifications available for inspection in the AssociationSeller’s office. In light of this, before Buyer is entitled to assume the accuracy of any information available from the governmental authorities in regard to plans and specifications on file with them, Buyer must first consult the AssociationSeller’s copy of the plans and specifications (including all applicable change orders and revisions), the AssociationSeller’s copy being the only one on which Buyer may rely. Buyer understands and agrees that certain of the stairwells are left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the 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. The foregoing is not intended to prohibit the use of the stairwells and utility pipes for any other legal purpose. Further, Buyer hereby acknowledges and agrees that sound and/or odor transmission in a multi-story building such as the Condominium is very difficult to control, and that noises and/or odors from adjoining or nearby units Units and or mechanical equipment can often be 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 and the other portions of the Condominium Property and the ProjectProperty, and Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound and/or odor transmission. The provisions of this Section ‎7 will survive (continue to be effective after) closing. Nothing in this Section shall affect Buyer’s rights, if any, under Section 718.618, Florida Statutes.

Existing Improvements and Other Matters. Buyer understands (a) The construction, furnishing, and agrees that the Condominium is a conversion of a previously existing rental apartment complex which was not constructed by Seller and accordingly that the Condominium is not new construction. Buyer acknowledges having received a copy of the conversion inspection report included as an attachment to the Prospectus which discloses the condition of various components of the Condominium. Additionally, as an attachment to the Prospectus, Buyer has received a copy of a termite inspection report prepared by a Florida licensed pest operator. These reports disclose, among other things, a discussion on the current condition landscaping of the Condominium and many Property is substantially complete as of its mechanical and structural componentsthe date Buyer signs this Agreement. Buyer acknowledges that Buyer has had the opportunity to examine such plans and specifications as Seller has obtained (including all changes thereto requested Buyer to date) for inspect the condition of the Units, generally, and at that time also to make Buyer’s own specific determinations as to the area and dimensions of the Units and Condominium, all of which are located the “Limited Common Elements” (as defined in the Association’s offices Declaration), if any. If any previous inspection did not include an examination of such general conditions or these areas and available dimensions, Buyer agrees to make such inspection and examination within fifteen (15) days following the date Buyer signs this Agreement (that is, during the period in which Buyer may cancel this Agreement for any reason at all, but any such inspection must first be coordinated with Seller). If, within this time, Buyer conducts such inspection as permitted by the foregoing sentence, and does not cancel this Agreement, or if Buyer does not make this specific inspection at all, Buyer will be deemed to have accepted the Units and the respective Limited Common Elements, if any, without reservations or claims as to their general condition, area, dimensions, ceiling heights or otherwise (subject, however, to matters set forth on the punch-list prepared during regular business hours or by appointment. the pre-closing inspection described below). (b) Buyer recognizes that, during construction, the Seller may have modified and adjusted plans and specifications for the improvements to the Condominium may have been modified to reflect ongoing, “in the field” construction needs. Because certain changes made to the plans and specifications did not have to be filed with the governmental authorities at all, Buyer acknowledges and agrees that (i) the plans and specifications for the Units and the Condominium on file with the applicable governmental authorities may not be identical in detail to those current Seller's plans and specifications available for inspection specifications, and (ii) because of the day-to-day nature of the changes described in this Section 5, the Association’s office. In light of this, before Buyer is entitled to assume the accuracy of any information available from the governmental authorities in regard to plans and specifications on file with themapplicable 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 must first consult and Seller both acknowledge and agree that the Association’s copy of Units and the Condominium may not have been constructed in accordance with the plans and specifications (including all on file with applicable change orders and revisionsgovernmental authorities. Without limiting the generality of Section 13(l), Seller disclaims and Buyer waives any and all express or implied warranties that construction was accomplished in compliance with any plans and specifications on file with governmental authorities. Seller has not given and Buyer has not relied on or bargained for any such warranties. In furtherance of the Association’s copy being foregoing, in the only one event of any conflict between the actual construction of the Units and/or the Building, and that which is set forth on which the plans, Buyer may rely. agrees that the actual construction shall prevail and to accept the Units and Building as actually constructed (in lieu of what is set forth on the plans). (c) Buyer understands further recognizes and agrees that certain because the Improvements have been operational for some time now, they are not new. The “Common Elements” (as defined in the Declaration) should be expected to show some wear and tear. Additionally, the condition of the stairwells Common Elements is dependent upon the operation and maintenance of same by the Association. (d) Certain items which may be included with the Units, such as tile, cabinets, wood stain, grout, wall and ceiling textures, cultured marble, mica and carpeting, are left unfinished solely 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 reasonable 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. 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. (e) Buyer will be given an opportunity prior to be functional closing, on the date and at the time scheduled by Seller, to inspect the Units with Seller’s representative. At that time, Buyer will sign an inspection statement listing any defects in workmanship or materials (only within the boundaries of each Unit, itself) which Buyer discovers. If any item listed is actually defective in workmanship or materials in Seller’s opinion (keeping in mind the construction standards applicable in Miami-Dade County, Florida for said purposeproperties of similar, without regard type, style and age), Seller shall, subject to the aesthetic appearance other provisions hereof, be obligated to correct those defects at its cost within a reasonable period of said stairwellstime after closing, but Seller's obligation to correct will not be grounds for deferring the closing, nor for imposing any condition on closing. SimilarlyNo escrows or holdbacks of closing funds will be permitted. If Buyer fails to take advantage of the right to a pre-closing inspection on the date and time scheduled, Seller will not be obligated to reschedule an inspection prior to closing. (f) No personal inspections (other than the utility pipes serving one pre-closing inspection or as expressly provided herein) will be permitted. Buyer may not commence any work on the Units until after closing. (g) Buyer acknowledges that in designing the Condominium certain areas serve a purely functional purpose and are not intended to have a finished appearance. These areas include stairwells within the Building intended primarily for functional purposesingress and egress, and as such the garage and utility pipes within the Building. These areas may be left unfinished without regard to the aesthetic appearance of sameunfinished. The foregoing is not intended to prohibit the use of the stairwells and utility pipes for any other legal purpose. Further, Buyer hereby also acknowledges and agrees that sound sound, vibrations and/or odor transmission in a multi-story building such as the Condominium is very difficult to control, and that noises noises, vibration and/or odors from adjoining or nearby units and or improvements and/or mechanical equipment can often be detected in other units. Without limiting the generality of Section 3013(l), Seller does not make any representation or warranty as to the level of sound sound, vibration and/or odor transmission between and among units and other portions of the Condominium Property and the Project, and transmission. Buyer hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound sound, vibration and/or odor transmission. The provisions Buyer also understands and agrees that there are various methods for calculating the square footage of a Unit, and that depending on the method of calculation, the quoted square footage of each Unit may vary by more than a nominal amount. Actual square footage of a Unit may also be affected as a result of in the field construction changes and other permitted changes to a Unit, as more fully described in this Section. Accordingly, during the pre-closing inspection, Buyer should, among other things, review the size and dimensions of each Unit. By closing, Buyer shall be deemed to have conclusively agreed to accept the size and dimensions of each Unit, regardless of any variances in the square footage from any disclosed to Buyer at any time prior to closing, whether or not included in the Condominium Documents, Seller's promotional materials or otherwise. Without limiting the generality of any other provision of this Agreement, Seller is not making any representation or warranty as to the actual size, dimensions or square footage of the Units. Buyer waives and releases any such warranty and claim for loss or damages resulting from any variances between any represented or otherwise disclosed square footage and the actual square footage. The agreements and waivers of Buyer contained in this Section ‎7 will survive (continue to be effective after) closing. From and after the closing, Buyer agrees to grant Seller and its agents access to the Units at reasonable times during normal business hours to complete any necessary repairs to the Unit, provided Seller provides Buyer prior written notice of the same and Buyer consents to the same in writing. If Buyer cannot be present at the time such work is to be performed to facilitate completion of such work, Buyer may authorize Seller, its agents, employees and contractors to enter the Unit for such purposes using a master key or a key maintained by the Association. Provided Buyer consents to Seller’s access to the Units pursuant to the terms hereof, if Buyer elects not to be present at the time that Seller performs any such work, Buyer hereby waives and releases Seller (its partners, contractors, subcontractors, employees, agents, designees and assigns) from any and all claims that Buyer may have against Seller (its partners, contractors, subcontractors, employees, agents, designees and assigns) relating to damage to or theft of property from the Units that is not due to the negligence or intentional acts of Seller or its partners, contractors, subcontractors, employees, agents, designees and/or assigns. The Buyer acknowledges and agrees that the procedure set forth in this Section may cause delays in the completion of the repairs. (h) Every new home contains products that have water, powders, solids and industrial chemicals that are used in constructing the home. The water, powders, solids and industrial chemicals will and do contain mold, mildew, fungus, spores and chemicals which may cause allergic or other bodily reactions in certain individuals. Buyer should consult Buyer's physician to determine the molds, mildews, fungus, spores or chemicals that my adversely affect Buyer or members of Buyer's family. (i) LEAKS, WET FLOORING AND MOISTURE WILL CONTRIBUTE TO THE GROWTH OF MOLDS, MILDEWS, FUNGUS OR SPORES. BUYER UNDERSTANDS AND AGREES THAT THE DEVELOPER IS NOT RESPONSIBLE AND BUYER DISCLAIMS ANY RESPONSIBILITY FOR, ANY ILLNESS OR ALLERGIC REACTION WHICH BUYER MAY EXPERIENCE AS A RESULT OF MOLD, MILDEW, FUNGUS OR SPORES. BUYER UNDERSTANDS AND AGREES THAT IT IS BUYER’S RESPONSIBILITY TO KEEP THE UNITS CLEAN, DRY, WELL-VENTILATED AND FREE OF CONTAMINATION AFTER THE CLOSING.

Existing Improvements and Other Matters. Buyer understands The plans and specifications for the Unit and the Common Elements in the Condominium are kept in Seller’s office, as such plan and specifications have been amended from time to time. Seller may make such changes in the plans and specifications and to the building containing the Condominium that it deems appropriate (as more fully discussed in this paragraph) in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers or as Seller deems appropriate, and Purchaser 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 Contract as "Plans and Specifications." Without limiting Seller’s general right to make changes, Purchaser specifically agrees that the changes described above and changes in the dimensions of rooms, balconies, the location 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 discretion and that such changes shall not be deemed material or adverse to Purchaser. In furtherance of the understanding and agreement stated above, Purchaser acknowledges and agrees that the Condominium it is a conversion of a previously existing rental apartment complex which was not constructed by Seller widely observed construction industry practice for plans and accordingly that specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, "in the Condominium is not new constructionfield" construction needs. Buyer acknowledges having received a copy of the conversion inspection report included as an attachment These changes and adjustments are essential in order to the Prospectus which discloses the condition of various 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, Purchaser acknowledges and agrees that it is to Purchaser’s benefit to allow Seller the flexibility to make such changes in the Unit and the Condominium. Additionally, as an attachment to the Prospectus, Buyer has received a copy of a termite inspection report prepared by a Florida licensed pest operator. These reports disclose, among other things, a discussion on the current condition of the Condominium Purchaser further acknowledges and many of its mechanical and structural components. Buyer acknowledges agrees that Buyer has had the opportunity to examine such plans and specifications as Seller has obtained (including all changes thereto to datei) for the Units and Condominium, all of which are located in the Association’s offices and available for inspection during regular business hours or by appointment. Buyer recognizes that, during construction, the plans and specifications for the improvements Unit and to the building containing the Condominium on file with the applicable governmental authorities may have been modified to reflect ongoingnot, “initially, be identical in the field” construction needs. Because certain changes made detail to the plans and specifications did not have to be filed with specifications, and (ii) because of the governmental authorities at allday-to-day nature of the changes described herein, Buyer acknowledges and agrees that the plans and specifications for the Units and the Condominium 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, Purchaser and Seller both acknowledge and agree: The Unit and the Condominium may not be identical to those current plans and specifications available for inspection constructed in accordance with the Association’s office. In light of this, before Buyer is entitled to assume the accuracy of any information available from the governmental authorities in regard to plans and specifications on file with themapplicable governmental authorities. Without limiting the generality of this paragraph, Buyer must first consult the Association’s copy of the Seller disclaims and Purchaser waives any and all express or implied warranties that construction will be completed in compliance with such plans and specifications (including all applicable change orders specifications. Seller has not given and revisions), the Association’s copy being the only one Purchaser has not relied on which Buyer may relyor bargained for any such warranties. Buyer Xxxxxxxxx understands and agrees that certain of in designing the Condominium and the stairwells within the building were intended solely for ingress and egress in the event of emergency and, as such are left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the utility pipes serving the Condominium are intended primarily solely for functional purposes, and as such may will be left unfinished without regard to the aesthetic appearance of same. The foregoing is not intended to prohibit the use of the stairwells and utility pipes for any other legal purpose. Further, Buyer Purchaser hereby acknowledges and agrees that sound and/or odor transmission in a multi-story building such as the building containing the Condominium is very difficult to control, control and that noises and/or odors from adjoining or nearby units and or Units and/or mechanical equipment can often be detected in other unitsUnits. Without limiting the generality of Section 30any foregoing Sections hereof, Seller does not make any representation or warranty as to the level of sound and/or odor transmission between and among units Units and the other portions of the Condominium Property and the ProjectProperty, and Buyer Purchaser hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound and/or odor transmission. The provisions Purchaser hereby understands and agrees that there are various methods of calculating the square footage of a Unit, and that depending on the method of calculation, the quoted square footage of the Unit may vary, but not by more than a nominal amount. Purchaser should, among other things, review the size and dimensions of the Unit. By closing, Purchaser 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 Purchaser 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 Section ‎7 Contract, Seller does not make any representation or warranty as to the actual size, dimensions or square footage of the Unit, and Purchaser hereby waives and expressly releases any such warranty and claim for loss or damage resulting from any variances between any represented or otherwise disclosed square footage and the actual square footage of the Unit. Purchaser hereby understands and agrees that the Condominium will survive consist only of the Units described herein and the Common Elements described in the Declaration of Condominium. All other facilities serving the Condominium will be part of the Shared Facilities as defined in the Hotel Declaration. It is possible that portions of the Shared Facilities will be shared by or with owners in the other condominiums within Sycamore Resort, including Condominium Unit Owners, as well as others. Those portions are referred to throughout this Contract as the Shared Facilities. Shared Facilities are further described in the Hotel Declaration and generally include, among other things and without limitation, the project infrastructure. The Shared Facilities are not a part of the Condominium, but rather are a part of the Hotel Parcel. The Shared Facilities consist generally of all improvements located upon, or contained within the Hotel Parcel, plus all property designated as Shared Facilities in any future recorded supplemental declaration or amendment, but excluding: (continue i) any public utility installations thereon, and/or (ii) any other property of Developer and/or the Hotel Parcel Owner not intended to be effective aftermade Shared Facilities. The Condominium is governed by, and subject to the Hotel Declaration. There is no recreational lease or land lease associated with this Condominium; however, each Unit Owner (either directly or through the Condominium Association) closingwill be assessed for a share of the expenses relating to the operation, maintenance, upkeep and repair of the Shared Facilities, all as defined in the Hotel Declaration.

Existing Improvements and Other Matters. Buyer understands (a) The construction, furnishing, and agrees that the Condominium is a conversion of a previously existing rental apartment complex which was not constructed by Seller and accordingly that the Condominium is not new construction. Buyer acknowledges having received a copy of the conversion inspection report included as an attachment to the Prospectus which discloses the condition of various components of the Condominium. Additionally, as an attachment to the Prospectus, Buyer has received a copy of a termite inspection report prepared by a Florida licensed pest operator. These reports disclose, among other things, a discussion on the current condition landscaping of the Condominium and many Property is substantially complete as of its mechanical and structural componentsthe date Buyer signs this Agreement. Buyer acknowledges that Buyer has had the opportunity to examine such plans and specifications as Seller has obtained (including all changes thereto requested Buyer to date) for inspect the condition of the Units, generally, and at that time also to make Buyer’s own specific determinations as to the area and dimensions of the Units and Condominium, all of which are located the “Limited Common Elements” (as defined in the Association’s offices Declaration), if any. If any previous inspection did not include an examination of such general conditions or these areas and available dimensions, Buyer agrees to make such inspection and examination within fifteen (15) days following the date Buyer signs this Agreement (that is, during the period in which Buyer may cancel this Agreement for any reason at all, but any such inspection must first be coordinated with Seller). If, within this time, Buyer conducts such inspection as permitted by the foregoing sentence, and does not cancel this Agreement, or if Buyer does not make this specific inspection at all, Buyer will be deemed to have accepted the Units and the respective Limited Common Elements, if any, without reservations or claims as to their general condition, area, dimensions, ceiling heights or otherwise (subject, however, to matters set forth on the punch-list prepared during regular business hours or by appointment. the pre-closing inspection described below). (b) Buyer recognizes that, during construction, the Seller may have modified and adjusted plans and specifications for the improvements to the Condominium may have been modified to reflect ongoing, “in the field” construction needs. Because certain changes made to the plans and specifications did not have to be filed with the governmental authorities at all, Buyer acknowledges and agrees that (i) the plans and specifications for the Units and the Condominium on file with the applicable governmental authorities may not be identical in detail to those current Seller's plans and specifications available for inspection specifications, and (ii) because of the day-to-day nature of the changes described in this Section 5, the Association’s office. In light of this, before Buyer is entitled to assume the accuracy of any information available from the governmental authorities in regard to plans and specifications on file with themapplicable 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 must first consult and Seller both acknowledge and agree that the Association’s copy of Units and the Condominium may not have been constructed in accordance with the plans and specifications (including all on file with applicable change orders and revisions), the Association’s copy being the only one on which Buyer may rely. Buyer understands and agrees that certain of the stairwells are left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the 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. The foregoing is not intended to prohibit the use of the stairwells and utility pipes for any other legal purpose. Further, Buyer hereby acknowledges and agrees that sound and/or odor transmission in a multi-story building such as the Condominium is very difficult to control, and that noises and/or odors from adjoining or nearby units and or mechanical equipment can often be detected in other unitsgovernmental authorities. Without limiting the generality of Section 3013(l), Seller does disclaims and Buyer waives any and all express or implied warranties that construction was accomplished in compliance with any plans and specifications on file with governmental authorities. Seller has not make given and Buyer has not relied on or bargained for any representation such warranties. In furtherance of the foregoing, in the event of any conflict between the actual construction of the Units 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 Units and Building as actually constructed (in lieu of what is set forth on the plans). (c) Buyer further recognizes and agrees that because the Improvements have been operational for some time now, they are not new. The “Common Elements” (as defined in the Declaration) should be expected to show some wear and tear. Additionally, the condition of the Common Elements is dependent upon the operation and maintenance of same by the Association. (d) Certain items which may be included with the Units, such as tile, cabinets, wood stain, grout, wall and ceiling 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 models or warranty 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 reasonable 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. 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. 4 (e) Buyer will be given an opportunity prior to closing, on the date and at the time scheduled by Seller, to inspect the Units with Seller’s representative. At that time, Buyer will sign an inspection statement listing any defects in workmanship or materials (only within the boundaries of each Unit, itself) which Buyer discovers. If any item listed is actually defective in workmanship or materials in Seller’s opinion (keeping in mind the construction standards applicable in Miami-Dade County, Florida for properties of similar, type, style and age), Seller shall, subject to the level other provisions hereof, be obligated to correct those defects at its cost within a reasonable period of sound and/or odor transmission between and among units and other portions time after closing, but Seller's obligation to correct will not be grounds for deferring the closing, nor for imposing any condition on closing. No escrows or holdbacks of closing funds will be permitted. If Buyer fails to take advantage of the Condominium Property right to a pre-closing inspection on the date and time scheduled, Seller will not be obligated to reschedule an inspection prior to closing. (f) No personal inspections (other than the Project, and one pre-closing inspection or as expressly provided herein) will be permitted. Buyer hereby waives and expressly releases may not commence any such warranty and claim for loss or damages resulting from sound and/or odor transmission. The provisions of this Section ‎7 will survive (continue to be effective after) work on the Units until after closing.