Instrument #2022025031 #66 Book:8196 Page:4837
Association, any Builder,their successor or assign ofany ofsame. Further, in no event will Declarant, its affiliated entity, the Association, any Builder, their successors or assigns be liable for consequential damages, wrongful death, personal injury or commercial loss. In recognition ofthe fact that interruptions in cable television and other multi-media service will occur from time to time, no person or entity described above shall in any manner be liable, and no user of any cable or multi-media services shall be entitled to any refund, rebate, discount or offset in applicable fees, for any interruption in any cable or multi-media services, regardless of whether or not same is caused by reasons within the control of the then-provider ofsuch services. Section 19.02. Walls. Each Owner(by virtue ofthe Owner's acceptance oftitle to the Owner's Lot) acknowledges and agrees that elevation changes within the Property may have necessitated or required, or in the future may necessitate or require, the construction or installation of one or more retaining walls on or about the Property (collectively,"Retaining Wall(s)"). In connection with any such Retaining Walls, each Owner, occupant, tenant, subtenant, invitee, licensee or guest of any Lot or of the Property generally agrees to and shall:(a)exercise caution and care when around or near any Retaining Walls; and (b)not utilize any Retaining Wall or part thereof in any way, including, by way of example but not limitation, by climbing, scaling, or walking on a Retaining Wall; by affixing lights or hanging baskets or decorations on or to a Retaining Wall; by striking, piercing or damaging a Retaining Wall; or by otherwise directly or indirectly interfering with the intended purpose of any Retaining Wall. Without express prior written approval ofthe ARC,digging is prohibited within all easement areas adjacent to any Retaining Walls,as shown on the Recorded Plat,or as established by any written instrument Recorded by Declarant or the Association. Section 19.03. Safety. Neither the Declarant nor the Association, nor any of their respective partners, members, officers, directors, employees, or agents shall, in any manner or way, whatsoever, be considered as or deemed or construed to be insurers or guarantors ofthe personal safety or security ofany persons, including, without limitation, any Owner or Member or any tenant, guest, invitee, employee, agent, or family member of such Owner or Member, or of any property, whether real, personal, or otherwise, from time to time located within or upon the Property or any portion thereof Accordingly, neither the Declarant nor the Association, nor any of their respective partners, members, officers, directors, employees,or agents shall be responsible or held liable or accountable for the injury or death of any person or for the loss of or damage to any property by reason or on account of the failure of the Declarant or the Association to limit or control access to the Property or any Retaining Walls, or by reason or on account ofthe ineffectiveness ofany activities directed, conducted, maintained, or supported by the Declarant or Association from time to time for such purposes. In this regard, each Owner and Member,for itselfand on behalfofany tenants, employees,agents, guests,invitees, or family members of such Owner,shall, by virtue ofthe acceptance ofa deed or other conveyance ofa Lot or any other portion of the Property, be deemed to have acknowledged, understood, and agreed to the foregoing and further: that notwithstanding any efforts or activities on the part of the Declarant or Association from time to time to limit or control access to the Property in general and any Retaining Wall in particular, each Owner and Member, for itself and on behalf of any tenants, employees, agents, guests, invitees, and family members ofsuch Owner or Member:(y)shall take title to its Lots or any other part ofthe Property subject to, and hereby assumes, all risk of personal injury or death and damage to or loss of property, of whatever nature, while present or situate within or upon the Property; and (z) waives, and forever and irrevocably releases Declarant and Association from,any and all claims,losses, damages,causes ofaction or liabilities of any kind, character, or nature whatsoever with respect to any personal injury or death or damage to or loss of property while present or situate within or upon the Property; and that neither Declarant nor the Association, nor any of their respective partners, members, officers, directors, employees,or agents have made,nor has any Owner or Member,or any ofOwner's or Member's tenants, employees, agents, guests, invitees, or family members relied upon, any representation or warranty, whether express or implied, pertaining to:(A)the safety ofthe Property; or(B)the effectiveness of any
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