VII. Procedure to Request Us to Perform Under This Limited Warranty
If You become aware of a condition that You believe is a construction defect under this Limited Warranty, You have the following responsibilities:
A. Notification
You must notify Us in writing as soon as it is reasonably possible, after You have become aware or should have become aware of a construction defect, but in no event may Your written notice of a construction defect or Your written request for warranty performance be postmarked or received by Us later than thirty (30) days after this Limited Warranty has expired.
If the written notice is postmarked or received by Us more than thirty (30) days after the expiration of this Limited Warranty, We shall have no obligation to remedy the construction defect. In order to establish a record of timely notification, written notice should always be sent by Certified Mail, return receipt requested.
B. Cooperate With Us
You must give Us and any third parties acting on Our behalf reasonable help in inspecting, investigating, testing (including destructive testing), monitoring, repairing, replacing or otherwise correcting an alleged construction defect. Help includes, but is not limited to, granting reasonable access to the home or common elements for the foregoing purposes. If You fail to provide such reasonable access to the home or common elements, We will have no obligation to do any of the foregoing.
C. Do Not Make Voluntary Payments
You agree not to make any voluntary payments or assume any obligations or incur any expenses for the remedy of a condition You believe is a construction defect without prior written approval from Us, or other parties authorized to act on Our behalf. We will not reimburse You for costs incurred when You did not obtain prior written approval.
However, You may incur reasonable expenses in making repairs in an emergency condition without prior written approval, provided the repairs are solely for the protection of the home or common elements from further damage or to prevent an unsafe living condition and provided You notify Us as soon as is reasonably possible. To obtain reimbursement for repairs made during an emergency condition, You must provide Us with an accurate written record of the repair costs.
D. Sign a Release
When We or a third party designated by Us or acting on Our behalf have completed repairing, replacing or paying You as to any construction defects or other related damage to the home or common elements covered by this Limited Warranty, You must sign a full release of Our obligation for the construction defects. The release shall be applicable to the construction defect and shall not prevent You from notifying Us should You become aware of a subsequent construction defect.
E. If You Disagree With Us
If You believe We have not responded to Your request for warranty performance to Your satisfaction or in a manner that You believe this Limited Warranty requires, You may provide written notice to Us requesting Mediation. Upon Our receipt of written notice from You, We may review and mediate Your request by communicating with You, Us, and any other individuals or entities that We believe may possess relevant information or schedule Mediation with a Mediator acceptable to both parties. If after forty-five (45) days, We or a Mediator selected by both parties is unable to successfully mediate Your request for warranty performance or at any earlier time when We determine that You and We are at an impasse, We will notify You that Your request for warranty performance remains unresolved and that You may elect to initiate Binding Arbitration. Binding Arbitration as described in the following section is the sole remedy for the resolution of disputes between You and Us as set forth in the following section.