The Association shall not be liable for any injury to any person, damage to or loss of any property, to whomsoever it may belong, occurring or suffered, upon the Property caused by the Member’s sole negligence, gross negligence or malicious/ fraudulent intent. Members hereby acknowledge that they shall not, under the above circumstances have any claim or right of action whatsoever against the Association for damages, loss or otherwise, nor be entitled to withhold or defer payment of any amount due by them for any reason whatsoever.

The Association and/or its agents shall not be liable to any Member or any of the Member’s lessees, or their respective employees, agents, servants, invitees or customers or any Member of the public dealing with the Member or any such other person aforesaid may suffer or sustain whether directly or indirectly in or about the Property.