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DISCLAIMER AND WAIVER AS TO MOLD, AIRBORNE MICROORGANISMS AND SIMILAR AGENTS
Whether or not you as a homeowner experience mold growth depends largely on how you manage and maintain your home. The Developer and General Contractor make no warranty, representation or guarantee, whether express or implied, that mold, airborne microorganisms or similar agents will not develop on or within your home. Any such waivers, representations and guarantees are expressly disclaimed. Any obligation that the Developer of General Contractor has to repair defects in construction does not include mold or similar agents and the Developer and General Contractor will not be responsible for any damage caused by mold, by some other similar agent, by airborne microorganisms or by the quality of air that may be associated with defects in construction. As such, the Buyer acknowledges and hereby agrees that the Developer and General Contractor are not liable in any way for any claims, damages, third-party claims, losses, expenses, personal injury, loss of income, emotional distress, loss of use, loss of value, costs, property damage, bodily injury, sickness, adverse health effects, disease or death, arising out of or relating in any way to molds, airborne microorganisms, other similar agents or the poor quality of air that may develop within your home. Further, all inspections and the costs and payment for remediation associated with any mold, airborne microorganisms, similar agents, or air quality is the responsibility of the Buyer. Any express or implied warranties, including an implied warranty of workmanlike construction, an implied warranty of habitability, an implied warranty of merchantability, or an implied warranty of fitness for a particular purpose is hereby waived and disclaimed as they relate to mold, airborne organisms or similar agents. Buyer hereby acknowledges receipt of adequate and sufficient consideration in exchange for this disclaimer and waiver.
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