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G. any claim for direct, indirect, special, incidental, business inten-uption, <br />economic loss, actual or consequential damages or attorneys fees and costs, or for penalties, <br />punitive damages, exemplary damages, or any claim for damages based upon a multiplication of <br />compensatory damages associated with the above, whether allowed by federal or state statute or <br />common law; and <br />H. related subrogation claims of the Roof Owner's subrogee or insurance <br />canxers not protected froxz� waiver of subrogationby the provisions of applicable insurance <br />policies (or assigned or subrogated prior to the execution of this Acceptance and Covenant and <br />not subject to compromise or settlementby the policyholder). <br />5.2. The term "Settled Clai�" does not include the following: <br />A. any claim for bodily or personal injury, wrongful death and associated <br />emotional distress and mental anguish; , <br />B, any claim wholly unrelated to the specification, use or presence of Beazer <br />PFRI on the roof of the Roof Owner's Building asserted against Persons other than Beazer Parties <br />for improper installation, design, manufacture or maintenance of any roofing system; and <br />C. any claim with respect to any property, or portion thereof, that does not <br />fall within the definition of Eligible Property. <br />5.3. This Agreementrepresents a conclusive, binding and final resolution of all <br />disputed claims and all Settled Claims. Roof Owner and the Beazer Parties conclusivelyresolve <br />any legal, contractual, commercial, warranty, and similar claims, however characterized, based <br />on tort, equity, law, or statute, relating to the purchase, installation, replacement, repair, <br />treatment, reinedial labor or expense, transport, use and disposal of or to the Roofing Systems or <br />Decks and any alleged consequences therefrom. <br />