After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last.
Appears in 4 contracts
Samples: Construction Contract, Lease Agreement (Immunicon Corp), Construction Contract (Empire Resorts Inc)
After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the he Work by the Contractor under Paragraph paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last.
Appears in 2 contracts
Samples: Construction Contract, Architectural Services Agreement
After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last.
Appears in 2 contracts
Samples: Construction Contract (Digex Inc/De), Construction Contract (Digex Inc/De)
After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor Construction Manager pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor Construction Manager under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor Construction Manager or Owner, . whichever occurs last.
Appears in 2 contracts
Samples: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)
After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor CONTRACTOR, pursuant to any Warranty warranty provided under Paragraph 3.5the Contract Documents, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, CONTRACTOR or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor CONTRACTOR or OwnerCITY, whichever occurs last.
Appears in 1 contract
Samples: Construction Contract
After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph Section 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph Section 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last.
Appears in 1 contract
Samples: Construction Contract (Sierra Pacific Resources /Nv/)
After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform 30 any duty or obligation by the Contractor or Owner, whichever occurs last.
Appears in 1 contract
Samples: General Conditions of the Contract for Construction
After Final Certificate for Payment. As to acts or of failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last.
Appears in 1 contract
Samples: Construction Contract (Monarch Casino & Resort Inc)
After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the XXXX Contractor pursuant to any Warranty Warrant provided under Paragraph 3.53.6, the date of any correction of the Work or failure to correct the Work by the XXXX Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the XXXX Contractor or Owner, whichever occurs last.
Appears in 1 contract