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WHAT TO DO IF YOUR ROOF LEAKS
<br />If you should have a roof leak please refer to directions on the reverse side. Failure by the Building Owner to comply with any of the directions on the reverse side of
<br />this document will render the coverage provided under this Guarantee, including any applicable amendments and/or riders, null and void.
<br />LIMITATIONS AND EXCLUSIONS
<br />This Guarantee is not a maintenance agreement or an insurance policy; therefore, routine inspections and maintenance are the Building Owner's sole responsibility
<br />(see reverse side of this document). Failure to follow the Maintenance Program on the reverse side of this document will void the Guarantee in its entirety. This
<br />Guarantee does not obligate JM to repair or replace the Roofing System, or any part of the Roofing System, for leaks or appearance issues resulting, in whole or in part,
<br />from one or more of the following (a) natural disasters including but not limited to the direct or indirect effect of lightning, flood, hail storm earthquake, tornados,
<br />hurricanes or other extraordinary natural occurrences and/or wind speeds in excess of 55 miles per hour; (b) misuse, abuse, neglect or negligence; (c) installation or
<br />material failures other than those involving the component materials expressly defined above as the Roofing System or exposure of the Roofing System components to
<br />damaging substances such as oil, fertilizers, or solvents or to damaging conditions such as vermin; (d) any and all (i) changes, alterations, repairs to the Roofing System,
<br />including, but not limited to, structures, penetrations, fixtures or utilities (including vegetative and solar overlays) based upon or through the Roofing System as well as
<br />any (ii) changes to the Building's usage that are not pre -approved in writing by JM; (e) failure of the Building substrate (mechanical, structural, or otherwise and whether
<br />resulting from Building movement, design defects or other causes) or improper drainage; (f) defects in or faulty/improper design, specification construction or
<br />engineering of the Building or any area over which the Roofing System is installed; (g) defects in or faulty/improper architectural, engineering or design flaws of the
<br />Roofing System or Building, including, but not limited to, design issues arising out of improper climate or building code compliance; or (h) in instances of a recover
<br />project, Johns Manville is not responsible for the performance of pre-existing materials that predated the recover. Instead, Johns Manville's sole responsibility in recover
<br />systems where JM materials are adhered to existing materials is limited to the installed recover JM Roofing materials up to the wind speed listed herein. Guarantee
<br />coverage is limited to replacing recover JM Roofing materials only (and not the pre-existing materials — which is the Owner's responsibility) as required to return the
<br />roofing system to a watertight condition due to a claim covered under the terms and conditions herein. Johns Manville is not responsible for leaks, injuries or damages
<br />resulting from any water entry from any portion of the Building structure not a part of the Roofing System including, but not limited to, deterioration of the roofing
<br />substrate, walls, mortarjoints, HVAC units and all other non -Johns Manville materials and metal components. Moreover, the Building Owner is solely and absolutely
<br />responsible for any removal and/or replacement of any overburdens, super -strata or overlays, in any form whatsoever, as reasonably necessary to expose the Roofing
<br />System for inspection and/or repair.
<br />This Guarantee becomes effective when (1) it is delivered to Owner; and (2) all bills for installation, materials, and services have been paid in full to the Approved
<br />Roofing contractor and to JM Until that time, this Guarantee is not in force, has no effect— and JM is under no obligation whatsoever to perform any services/work.
<br />The Parties agree that any controversy or claims relating to this Guarantee shall be first submitted to mediation under the Construction Industry Arbitration and
<br />Mediation Rules of the American Arbitration Association (Regular Track Procedures) or to such other mediation arrangement as the parties mutually agree. No court or
<br />other tribunal shall have jurisdiction until the mediation is completed. In any action or proceeding brought against the Building Owner to enforce this Guarantee or to
<br />collect costs due hereunder, Johns Manville shall be entitled to recover its reasonable costs, expenses and fees (including expert witness' fees) incurred in any such
<br />action or proceeding, including, without 1 imitation, attorneys' fees and expenses, and the Building Owner shall pay it.
<br />TO THE FULLEST EXTENT PERMITTED BY LAW, JM DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING THE WARRANTY OF
<br />MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND LIMITS SUCH WARRANTY TO THE DURATION AND
<br />TO THE EXTENT OF THE EXPRESS WARRANTY CONTAINED IN THIS GUARANTEE.
<br />THE EXCLUSIVE RESPONSIBILITY AND LIABILITY OF JM UNDER THIS GUARANTEE IS TO MAKE REPAIRS NECESSARY TO MAINTAIN THE
<br />ROOFING SYSTEM IN A WATERTIGHT CONDITION IN ACCORDANCE WITH THE OBLIGATIONS OF JM UNDER THIS GUARANTEE. JM AND ITS
<br />AFFILIATES WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE BUILDING STRUCTURE (UPON WHICH THE
<br />ROOFING SYSTEM IS AFFIXED) OR ITS CONTENTS AND OR OCCUPANTS, LOSS OF TIME OR PROFITS OR ANY INCONVENIENCE, INJURY. JM
<br />SHALL NOT BE LIABLE FOR ANY CLAIM MADE AGAINST THE BUILDING OWNER BY ANY THIRD PARTY AND THE BUILDING OWNER SHALL
<br />INDEMNIFY AND DEFEND JM AGAINST ANY CLAIM BROUGHT BY ANY THIRD PARTY AGAINST JM RELATING TO OR ARISING OUT OF THE
<br />ROOFING SYSTEM OR JM'S OBLIGATIONS UNDER THIS GUARANTEE. JM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES
<br />WHICH ARE BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY OTHER THAN THE
<br />EXCLUSIVE LIABILITY SET FORTH IN THIS GUARANTEE. THIS GUARANTEE DOES NOT COVER, AND EXPLICITLY EXCLUDES, ANY AND ALL
<br />INJURIES, CLAIMS AND/OR DAMAGES RESULTING, IN WHOLE OR IN PART, FROM ANY WATER ENTRY FROM ANY PORTION OF THE BUILDING
<br />STRUCTURE INCLUDING, BUT NOT LIMITED TO, THE ROOFING SYSTEM.
<br />No one is authorized to change, alter, or modify the provision of this Guarantee other than the Manager, Guarantee Services or authorized delegate. JM's delay or failure
<br />in enforcing the terms and conditions contained in this Guarantee shall not operate as a waiver of such temms and conditions. This Guarantee is solely for the benefit of
<br />the Building Owner identified above and Building Owner's rights hereunder are not assignable. Upon sale or other transfer of the Building, Building Owner may request
<br />transfer of this Guarantee to the new owner, and JM may transfer this Guarantee, in its sole and absolute discretion only after receiving satisfactory information and
<br />payment of a transfer fee, which must be paid no later than 30 days after the date of Building ownership transfer.
<br />In the event JM pays for repairs which are required due to the acts or omissions of others, JM shall be subrogated to all rights of recovery of the Building Owner to the
<br />extent of the amount of the repairs.
<br />Because JM does not practice Engineering or Architecture, neither the issuance of this Guarantee nor any review of the Building's construction or inspection of roof
<br />plans (or the Building's roof deck) by JM representatives shall constitute any warranty by JM of such plans, specifications, and construction or in any way constitute an
<br />extension of the terms and conditions of this Guarantee. Any roof inspections are solely for the benefit of JM.
<br />JM does not supervise nor is it responsible for a roofing contractor's work except to the extent stated herein, and roofing contractors are not agents of JM
<br />*JOHNS MANVILLE (" JM") is a Delaware corporation with its principal mailing address at P.O. Box 5108, Denver, Colorado 80217-5108.
<br />By: Robert Wamboldt Attorney -in -Fact
<br />Title: Vice President & General Manager
<br />Roofing Systems Group
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