VI. Exclusions

A. This Limited Warranty does not cover:

1. Any construction defects or other damages resulting, either directly or indirectly, from the following causes or occurring in the following situations:

   • a. Fire;
   • b. Lightning;
   • c. Explosion;
   • d. Riot and Civil Commotion;
   • e. Smoke;
   • f. Hail;
   • g. Aircraft;
   • h. Falling Objects;
   • i. Vehicles;
   • j. Floods;
   • k. Earthquake;
   • l. Landslide or mudslide originating on property other than the site of the home or the common elements or property developed by Us;
   • m. Mine subsidence or sinkholes;
   • n. Changes in the underground water table not reasonably foreseeable by Us;
   • o. Volcanic eruption; explosion or effusion;
   • p. Wind including:
     • (i). Gale force winds; winds that exceed 54 MPH
     • (ii). Hurricanes;
     • (iii). Tropical storms;
     • (iv). Tornadoes;
   • q. Insects, animals or vermin;
   • r. Changes of the grading of the ground by anyone other than Us or Our agents, or subcontractors, which results in surface drainage towards the home or other improper drainage or permits water to pond or become trapped in localized areas against the foundation or otherwise;
   • s. Changes, additions, or alterations made to the home or the common elements by anyone after the Warranty Period begins, except those made or authorized by Us. Any approvals by Us must be in writing, verbal authorizations will not be honored;
   • t. Any defect in material or workmanship supplied or performed by anyone other than Us, Our agents, or subcontractors;
   • u. Improper maintenance, negligence or improper use of the home or the common elements by You or anyone else that results in rot, dry rot, moisture, rust, mildew or any other damage;
   • v. Dampness or condensation due to Your failure to maintain adequate ventilation;
   • w. Damage resulting from the weight and/or performance of any type of waterbed or other furnishings, which exceeds the load bearing design of the home or the common elements;
   • x. Normal wear and tear or normal deterioration of materials;
   • y. Economic damages due to the home's or the common elements failure to meet consumer expectations.

2. Any costs arising from, or any construction resulting from the actual, alleged or threatened discharge, dispersal, release or escape of pollutants. We will not cover costs or expenses arising from the uninhabitability of the home or the common elements or health risk due to the proximity of pollutants. We will not cover costs, or expenses resulting from the direction of any governmental entity to test, clean up, remove, treat, contain or monitor pollutants;

3. Any costs arising from, or any construction defect resulting from the effects of electromagnetic fields (EMF's) or radiation;

4. Any damage to personal property that does not result from a construction defect;

5. Any "CONSEQUENTIAL OR INCIDENTAL DAMAGES";

6. Any damage to Consumer Products;

7. Any construction defect which You have not taken timely and reasonable steps to protect and minimize damage after We or Our authorized representative have provided You with authorization to prevent further damage;

8. Any damage to the extent it is incurred after or as a result of Your failure to notify Us in a reasonable timely manner after You have become aware or should have become aware of the construction defect or condition causing such damage;

9. Any costs or obligations paid or incurred by You in violation of Section VII. C. below;

10. Any non-conformity with local building codes, regulations or requirements that has not resulted in a construction defect. While We acknowledge Our responsibility to build in accordance with applicable building codes, this Limited Warranty does not cover building code violations in the absence of a construction defect.

11. Any deviation from plans and specifications that has not resulted in a construction defect.

12. Any subrogation costs associated with repairs performed by buyer's insurance company when such repairs were not approved by Us.

13. Any item listed on a third party inspection that is not a construction defect. While third party inspections are allowed, the company or individual performing the inspection must supply Us with a current Certificate of Insurance prior to performing an inspection on a home.

14. Homes that were foreclosed on and then resold by the foreclosing agency or at a public auction.

B. Excluded Events or Conditions

Our Limited Warranty does not cover any construction defect, which would not have occurred in the absence of one, or more of the excluded events or conditions listed in Exclusions, Section VI. A.1 a. – A.1.q., A.2. or A.3. above, regardless of:

1. The cause of the excluded event or condition; or

2. Other causes of the loss or damage; or

3. Whether other causes acted concurrently or in any sequence with the excluded event or condition to produce the loss or damage.