5.4 Repairs by or Payment From Insurance Company - Waiver of Claims Coverage for construction defects is provided by this Limited Warranty, and we encourage you to submit construction defect claims to us. This Limited Warranty, however, is not a homeowner’s insurance policy, which typically provides coverage for certain property damages and casualty losses. If you receive from an insurance company or any other party payment or repairs relating to or arising from a construction defect, then to the extent permitted by law you hereby waive for yourself and on behalf of anyone acquiring rights through you, including, but not limited to, any insurance company, all subrogation claims, and other claims against us or such payments or repairs received by you.
6.1 Examples of Disclaimed Warranties
Examples of warranties that are disclaimed by us and waived by you include, but are not limited to, statutory warranties, implied warranties, implied warranty of quality or fitness for use or a particular purpose, a warranty of construction in a good and workmanlike manner, warranty of habitability, and warranty of merchantability. 6.2 Non-waivable Warranties You are entitled to (and nothing in this section reduces) any warranty coverage provided by law that may not by law be waived, disclaimed, or reduced by this Limited Warranty or substituted with the terms of this Limited Warranty. If an arbitrator or court determines that a warranty cannot be waived, disclaimed, or reduced by this Limited Warranty or substituted with the terms of this Limited Warranty by law, then the specific term in this Limited Warranty that conflicts with the warranty term that may not be waived, disclaimed, reduced, or substituted will not apply, but all other terms will remain applicable to the extent permitted by law.
SECTION 6: Waiver of Any Other Warranty’s Exclusive Warranty
To the fullest extent permitted by law, all warranties regarding your home and any building common element, including, but not limited to, statutory and implied warranties, are hereby disclaimed by us and waived by you. This Limited Warranty is substituted in place of all such warranties. This means that this Limited Warranty is the only warranty that applies and governs your and our rights and obligations related to your home and that there are no other warranties except as may be required by law.
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