Instrument #2022025031 #65 Book:8196 Page:4836
(b) To the maximum extent lawful, Declarant hereby disclaims any and all and each and every express or implied warranties, whether established by statutory, common,case law or otherwise, as to the design, construction, sound and/or odor transmission, existence and/or development of molds, mildew, toxins or fungi, furnishing and equipping of the Property, including, without limitation, any implied warranties of habitability, fitness for a particular purpose or merchantability, compliance with plans, all warranties imposed by statute and all other express and implied warranties of any kind or character. Declarant has not given and the Owner has not relied on or bargained for any such warranties. Each Owner, by accepting deed to a Lot, or other conveyance thereof, shall be deemed to represent and warrant to Declarant that in deciding to acquire the Lot, the Owner relied solely on such Owner's independent inspection of the Lot. The Owner has neither received nor relied on any warranties and/or representations from Declarant of any kind, other than as expressly provided herein. All Owners, by virtue of their acceptance of title to their respective Lots(whether from the Declarant or another party) shall be deemed to have automatically waived all of the aforesaid disclaimed warranties and incidental and consequential damages. The foregoing shall also apply to any party claiming by, through or under such Owner, including a tenant thereof. Owner acknowledges and agrees that Declarant does not guarantee, warrant or otherwise assure,and expressly disclaims, any right to view and/or natural light. (c) Declarant, its affiliated entity, the Association, their successors or assigns may enter into contracts for the provision of security services. DECLARANT, ITS AFFILIATED ENTITY, THE ASSOCIATION, THEIR SUCCESSORS OR ASSIGNS DO NOT GUARANTEE OR WARRANT, EXPRESSLY ORIMPLIEDLY,THE MERCHANTABILITY OR FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY SYSTEM OR SERVICES WILL PREVENT INTRUSIONS, NOTIFY AUTHORITIES OF FIRES OR OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH OCCURRENCES, REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE DESIGNED TO MONITOR SAME; AND EVERY OWNER OR OCCUPANT OF A LOT RECEIVING SECURITY SERVICES ACKNOWLEDGES THAT DECLARANT, ITS AFFILIATED ENTITY, THE ASSOCIATION, ANY APPROVED BUILDER, ANY SUCCESSOR OR ASSIGN ARE NOT INSURERS OF THE OWNER OR OCCUPANT'S PROPERTY OR OF THEPROPERTY OF OTHERS LOCATED ON THE LOT,DO NOT HAVE ANY OBLIGATION TO AFFIRMATIVELY TAKE ANY ACTION TO PREVENT SUCH OCCURRENCES, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESULTING FROM SUCH OCCURRENCES.It is extremely difficult and impractical to determine the actual damages, if any, which may proximately result from a failure on the party of a security service provider to perform any ofits obligations with respect to security services and,therefore, every Owner or occupant of property receiving security services as described herein agrees that Declarant, its affiliated entity, the Association, any Builder, any successor or assign assumes no liability for loss or damage to property or for personal injury or death to persons due to any reason,including, without limitation,failure in transmission of an alarm, interruption of security service or failure to respond to an alarm because of (a)any failure ofthe Owner's security system,(b) any defective or damaged equipment, device, line or circuit, (c) negligence, active or otherwise, of the security service provider or its officers, agents or employees,or(d)fire,flood, riot, war,act of God or other similar causes which are beyond the control of the security service provider. Every Owner or occupant of a Lot obtaining security services as described herein further agrees for himself, his grantees,tenants, guests, invitees, licensees and family members that if any loss or damage should result from a failure of performance or operation, or from defective performance or operation, or from improper installation, monitoring or servicing ofthe system, or from negligence, active or otherwise, ofthe security service provider or its officers, agents, or employees,the liability, if any, ofthe Declarant, its affiliated entity, the Association,their successors or assigns for loss, damage, injury or death shall be limited to a sum not exceeding Two Hundred Fifty and 00/100 Dollars ($250.00), which limitation shall apply irrespective of the cause or origin of the loss or damage and notwithstanding that the loss or damage results directly or indirectly from negligent performance, active or otherwise, or non-performance by an officer, agent or employee of Declarant, its affiliated entity, the
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