20.. It is understood and agreed that in the event Buyer exceeds Seller's allowances, the overage shall be paid directly to Seller or supplier at the time of selection by Buyer and shall be Non-Refundable. In the event that Buyer's selections are less than Seller's allowances, Buyer may apply the difference to another allowance or receive credit at Closing, if permitted by Buyer's lender. It is understood by Buyer that any landscaping allowance may not be credited to another allowance, and that landscaping must be installed if part of the Specifications. Available allowances are as shown on the attached Plans and Specifications.
21.. Seller shall be responsible for the acts and omissions of all of its employees and all subcontractors, their agents and employees and all other persons performing any work under a contract with Seller, but only to the extent that such acts and omissions are within the scope of the construction of the Home. Buyer shall not communicate directly with Seller's employees or subcontractors, and all communications with respect to construction of the Home shall be made by Buyer to and through Seller.
22.. After consultation with Buyer, Seller reserves the right to make the final decision of placement of the Home on the Premises, elevation at grade, the height of the driveway, and the number of steps to the Home and garage entries and from the driveway to the front stoop.
23.. Materials selected by Buyer for the Home (including allowance items) must be obtained from Seller's existing supplier(s), be available for immediate installation, and be installed by Seller, or his employees, agents, contractors or subcontractors. Any deviations must be mutually approved by Buyer and Seller through written change orders. Buyer will make selections, in writing on Seller's form, of any optional color, style or material offered by Seller and at the time and place designated by Seller. If Buyer fails to make all required selections within ten (10) days after Seller's request therefore, Seller may make selections consistent with the plans and specifications.
24.. Kansas law requires the Seller to notify each Buyer of residential real property that the property may present exposure to dangerous concentrations of indoor radon gas that may place occupants at risk of developing radon-induced lung cancer. Radon, a class-A human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. Kansas law requires the Seller to disclose any information known to the Seller that shows elevated concentrations of radon gas in residential real property. The Kansas department of health and environment recommends all homebuyers have an indoor radon test performed prior to purchasing or taking occupancy of residential real property. All testing for radon should be conducted by a radon measurement technician. Elevated radon concentrations can be easily reduced by a radon mitigation technician. For additional information go to . Seller, developer and/or broker(s), their agents and employees make no representation or warranty as to the presence or lack of radon, or as to the effect of radon or any such condition on the Premises or occupants. Buyer may, at Buyer's expense, conduct an inspection to determine the presence of radon gas on the Premises. ANY REMEDIATION OF RADON REQUIRED SHALL BE AT _______________ SOLE EXPENSE.
25.. Any incomplete items (excluding any warranty, orientation tour items or remedial items) required by Buyer's lender to be completed prior to Closing shall be listed along with their respective costs, as determined by Seller, and deducted from Seller's proceeds and held in escrow (along with any other amounts required to be held in escrow in excess of the allowance). Escrow funds for each completed item listed shall be released to Seller in accordance with the term of the escrow agreement. Buyer and Seller agree to execute an escrow agreement at Closing in a form satisfactory to Seller, Buyer, Lender and the Escrow Agent. In the event an escrow is required as a result of Buyer's request for delay in the installation of landscaping, sod, sprinkler system, fencing or other exterior amenities, Buyer agrees that any amounts required to be held in escrow in excess of the allowances provided in this Contract shall be deposited by Buyer, and that any inspection or re-inspection fees for said items shall be paid by Buyer. In the event an escrow is required as a result of Seller's request for delay, any inspection or re-inspection fees shall be paid by Seller.
26.. Seller shall maintain builder's risk property insurance respecting the Premises through the Closing Date in an amount equal to the full insurable value thereof, and shall maintain liability insurance and such other insurance coverages (including worker's compensation coverage) as Seller may deem necessary or appropriate or as may be required by law, subject to such deductible amounts as Seller shall determine reasonable. If Buyer directly engages another contractor or a subcontractor to perform additional work on the Premises (which shall always require Seller's consent), Buyer shall cause such other party to provide Seller with written evidence of satisfactory worker's compensation and liability insurance coverage prior to such other party performing work on the Premises. In the event of damage or destruction to the Premises prior to Closing, this