Common use of Exclusions; Liability Limits Clause in Contracts

Exclusions; Liability Limits. (a) We have no obligation to provide Service if: (1) a Failure is caused by (whether acting alone or together with another cause): misuse, abuse, missing parts, movement of your Home, soil movement, fire, freezing, explosion, electrical failure/surge, flooding, water intrusion, lightning, mud, earthquake, storms, accidents, pests, animals, microorganisms, plants, contamination or chemical interactions; (2) you breach an obligation of this Agreement or threaten Service Contractors or our employees; (3) a Covered Item is classified as or otherwise known to be commercial grade, pro-style or the like; (4) an HVAC unit has a capacity greater than five tons; or (5) a Failure is caused by anything other than normal wear and tear, including without limitation a Failure of another Covered Item or Component. (b) Our Service is secondary and excess to any other coverage provided by insurance or manufacturer’s warranty available to you. You agree to waive any right or recovery of claims by anyone claiming through you, by way of subrogation or otherwise, including any insurers.

Exclusions; Liability Limits. (a) We have no obligation to provide Service if: (1) a Failure is caused by (whether acting alone or together with another cause): misuse, abuse, missing parts, movement of your Home, soil movement, fire, freezing, explosion, electrical failure/surge, flooding, water intrusion, lightning, mud, earthquake, storms, accidents, pests, animals, microorganisms, plants, contamination or chemical interactions; (2) you breach an obligation of this Agreement or threaten Service Contractors or our employees; (3employees;(3) a Covered Item is classified as or otherwise known to be commercial grade, pro-style or the like; (4) an HVAC unit has a capacity greater than five tons; or (5) a Failure is caused by anything other than normal wear and tear, including without limitation a Failure of another Covered Item or Component. (b) Our Service is secondary and excess to any other coverage provided by insurance or manufacturer’s warranty available to you. You agree to waive any right or recovery of claims by anyone claiming through you, by way of subrogation or otherwise, including any insurers.

Exclusions; Liability Limits. (a) We have no obligation to provide Service if: (1) a Failure is caused by (whether acting alone or together with another cause): misuse, abuse, missing parts, movement of your Home, soil movement, fire, freezing, explosion, electrical failure/surge, flooding, water intrusion, lightning, mud, earthquake, storms, accidents, pests, animals, microorganisms, plants, contamination or chemical interactions; (2) you breach an obligation of this Agreement or threaten Service Contractors or our employees; (3) a Covered Item is classified as or otherwise known to be commercial grade, pro-pro- style or the like; (4) an HVAC unit has a capacity greater than five tons; or (5) a Failure is caused by anything other than normal wear and tear, including without limitation a Failure of another Covered Item or Component. (b) Our Service is secondary and excess to any other coverage provided by insurance or manufacturer’s warranty available to you. You agree to waive any right or recovery of claims by anyone claiming through you, by way of subrogation or otherwise, including any insurers.