5.2 Responsibility for Proper Use You are responsible for any improper use of your home, including, but not limited to, unreasonable use, intentional damage, and the use of your home for anything other than a single-family residence. 5.3 Responsibility to Provide Notice - Mitigation of Damages If you believe your home has a construction defect covered by this warranty, you must give us timely notice in the manner described in section 7. We are not responsible for any damage that occurs because you failed to timely notify us or because you failed to take reasonable action to prevent the damage. SECTION 6: Coverage Exclusions and Limitations 6.1 Exclusions - Items Not Covered by This Warranty The following, and damages caused by the following, are not covered by this warranty, except to the extent required by law (including, without limitation, California Civil Code Section 896). (A) Utilities. Utility services and equipment that were not installed by us. (B) Pollutants and Contaminants. Any claim that a component of the home or property under or surrounding the home contains or is releasing any pollutant or contaminant, including, but not limited to, radon, electric magnetic fields, allergens, mold, fungus, spore(s), bacterial, toxic or hazardous chemicals, and waste materials, except to the extent such pollutant or contaminant occurred because of a construction defect that exists during the applicable warranty coverage period.
(C) Homeowners and Property Owners Association Improvements. This warranty does not cover any improvements owned by any homeowners association or property owners association, including, but not limited to, swimming pools, clubhouses, recreational buildings, streets, and sidewalks. For attached homes, building common elements are warranted as provided in section 9. 6.2 Homeowner Responsibility for Certain Other Actions or Events This warranty is not an insurance policy. You are responsible for damages not related to our construction of your home and you and your homeowners association, if applicable, should obtain homeowners insurance to protect against such risk. Any component of the home that fails to comply with the performance standards due to any of the conditions or reasons in this section 6.2 will not be considered a construction defect and, thus, is excluded from coverage under this warranty, except to the extent required by law (including, without limitation, California Civil Code Section 896). Additionally, we are not responsible for any damages caused by or resulting from such conditions or reasons. (A) Modifications to Your Home. Any item added or any modifications made to your home by you or anyone other than us or made after the commencement date of this warranty. Modifications include, but are not limited to, improvements, additions and alterations to your home, changes in grading or drainage of the lot, and the use of furnishings or other personal property that overload any component of your home. (B) Normal Deterioration. Ordinary wear and tear or failure based on the expected useful life of a component.
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