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(from section 1.26 of Settlement Agreement)

Excluded Damage on Site Built Structures means Damage which is excluded from the calculation of Compensable Damage occurring on Site-Built Structures, as follows:
a.    Buckling of any piece of Hardboard Siding
i.    that is attached to studs that are placed more than 24" on center or, in the case of 7/16" lap siding, that is attached to studs that are placed more than 16" on center; or
ii.    that is not in contact with the stud or sheathing at the point where there are missing nails or where nails do not penetrate into the studs.
b.    Deterioration occurring on any piece of Hardboard Siding that is:
i.    installed within 6" from the ground or within 1" from hardscape (e.g., driveways, patios, sidewalks);
ii.    installed at roof/wall intersections and which has less than a 1" cut back between the intersections;
iii.    in direct contact with un-flashed masonry and concrete surfaces;
iv.    within 8" around the perimeter of windows, doors and other openings;
v.    within 12" from the roof line on the backside of chimney chases that do not have a "cricket" or "saddle" to direct water flow away from the chimney.
c.    Excluded Damage also includes:
i.    all Damage that is readily observable and that is horizontal or runs downward from and is continuous with and originates exclusively from the Excluded Damage. (Any doubts as to whether Damage is continuous with and originates exclusively from Excluded Damage shall be resolved in favor of the Claimant.), or
ii.    any Damage to Hardboard Siding that is not used on the structure as Siding (e.g. Siding that is ripped and used as trim or band board).