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2004_0308_Packet
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2004_0308_Packet
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of the legal theory, and regardless of the type or amount of relief or damages claimed, arising <br />from or in any way relating to the design, manufacture, distribution, sale, handling, written or <br />oral instructions, specifications, marketing, use, performance or any defects or alleged defects, of <br />Beazer PFRI, and any replacement, repair, treatment, remedial work, removal or disposal of the <br />Roofing System or Deck at the Building, or any part thereof which have accrued or will accrue as <br />a result of having Beazer PFRI on the Roof Owner's Eligible Properiy ("Settled Claim") <br />Without limiting the generality of the foregoing, Settled Claim shall include, with regard to the <br />foregoing subject matter: <br />A. any claim for breach or violation of any federal, state, common or other <br />law or statute, regulation or ordinance; <br />otherwise; <br />B. any claim for breach of any duty imposed by law, by contract or <br />C. any claim based on strict product liability, negligence, reliance, breach of <br />express or implied warranties, racketeering, fraud, suppression, conspiracy, consumer fraud, <br />conspiracy to commit fraud, unfair and deceptive trade practice, negligent misrepresentation, <br />reckless misrepresentation or intentional misrepresentation, and any other similar claim or cause <br />of action. <br />D. any claim based on alleged defects or inadequacies in or otherwise related <br />to in the design, manufacture, advertising, product literature, sale, distribution, marketing or <br />performance of Beazer PFRI or any part thereof; <br />the above; <br />E. any claim for emotional distress or mental anguish associated with any of <br />F. any claa�x� for declaratory or injunctiverelief; <br />
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