Construction Warranties. Landlord shall obtain from Contractor, and shall request Contractor to obtain from all subcontractors and material suppliers, warranties (collectively, “Construction Warranties”) for all components of the Base Building Improvements for which warranties are customarily provided in the construction industry and Landlord shall enforce the Construction Warranties as reasonably requested by Tenant.
Construction Warranties. Landlord agrees that, subject to Tenant’s performance of Tenant’s obligation under this Exhibit B and after Landlord shall complete the Improvements, Landlord shall correct any construction defects about which Tenant notifies Landlord in writing within one (1) year following the Commencement Date. Tenant’s right to repair of any defect shall be extended for such longer period as may be covered by warranties provided by Contractor or subcontractor(s).
Construction Warranties. (a) If and to the extent that the Concessionaire obtains general or limited warranties from any contractor in favor of the Concessionaire with respect to the design, materials, workmanship, equipment, tools, supplies, software or services, the Concessionaire also shall cause such warranties to be expressly extended to the Department.
(b) The Concessionaire shall obtain, and grant to and for the benefit of and expressly extended to the Department, construction warranty coverage; (i) with respect to the entire Project, excluding the HOT Lanes Project and the Springfield Interchange Phase VIII, for a term extending five years after issuance of a Substantial Completion Certificate therefor or for the applicable segment thereof, as applicable; and (ii) with respect to the Springfield Interchange Phase VIII, for a term extending five years after the Service Commencement Date. Such warranty shall be supported by the following (which, together with the warranty itself, shall be in form and substance acceptable to the Department): (i) commencing upon the first of the applicable warranty commencement dates and continuing until at least the expiration of two years after the commencement of the last of the warranty commencement dates, an irrevocable letter of credit in favor of the Department, in an initial amount of $10,000,000, which shall be replaced with another letter of credit in the amount of $30,000,000 upon Substantial Completion of the entire Project; and (ii) an unconditional guaranty from Fluor Corporation, in accordance with Section 3.02(c). The warranties shall include the following: (A) the design of the Project will satisfy the requirements of this Agreement and the Technical Requirements, and the Design- Build Contract; (B) all work (except for work described in (A) above), including all materials and equipment furnished as part of the construction, is new unless otherwise specified in the Design-Build Contract, of good quality, in conformance with this Agreement and the Technical Requirements and the Design-Build Contract, free of defects in materials and workmanship and will be fit for its intended purpose; and (C) the completed work will be free of defects and deficiencies in design, materials and workmanship. The warranty period shall be extended for an additional 12 months from the date of repair or replacement with respect to any portion of the Work that is repaired or replaced during the final year of the initial warranty period. Longer duratio...
Construction Warranties. Landlord shall obtain the manufacturer's ----------------------- warranties for the elements or systems which are part of the Demised Premises and which are customarily given by such manufacturers without additional cost to Landlord and warranties and guaranties from the contractors and subcontractors with respect to the Improvements and which are customarily given by such contractors and subcontractors without additional cost to Landlord. Landlord shall assign to Tenant (or, should Tenant not be legally capable of doing so itself, at Tenant's expense, prosecute on Tenant's behalf), on a non-exclusive basis, all statutory and contractual warranties and guaranties to which Landlord is entitled in connection with the Demised Premises, express or implied, including, without limitation the warranties arising under any construction contract between Landlord and Landlord's contractors and/or subcontractors involved in the construction of the Demised Premises. Other than the assignment to Tenant of such warranties, or as otherwise specifically provided in this Lease, Landlord shall have no obligation or responsibility to Tenant, or its successors, with respect to any condition of the Improvements. Landlord, at no cost or expense to Landlord, shall cooperate with Tenant in the enforcement by Tenant, at Tenant's sole cost and expense, of any such warranties or guaranties.
Construction Warranties. 4.13.1 Developer shall obtain from all Contractors appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Contractors, which shall extend not only to Developer but also to Utility Owners and any third parties for whom Work is being performed. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all Department and Utility Owner inspections, tests and approvals and (b) shall provide that upon any termination of the Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be enforceable by the Department. To the extent that any Contractor warranty or guaranty would be voided by reason of Developer's negligence or failure to comply with the requirements of the Contract
4.13.2 The Contractor warranties are in addition to all rights and remedies available under the Contract Documents or applicable Law, and shall not limit Developer’s liability or responsibility imposed by the Contract Documents or applicable Law with respect to the Work, including liability for design defects, latent construction defects, strict liability, breach, negligence, willful misconduct or fraud.
Construction Warranties. (a) Notwithstanding anything to the contrary contained herein, the term "Acquired Assets" shall not include, the (i) Central Plant, (ii) Manhattan Expansion Tower Contract, (iii) Manhattan Interior Design Contract, (iv) HOK Expansion Project Contract and (v) HOK Interior Design Contract (with regard to clauses (ii)-(v), each as defined in the Construction Agreement and collectively referred to herein as the "Construction Documents"), but shall include all of Seller's right, title and interest in and to all construction and equipment warranties relating to the Real Property and Improvements (collectively, the "Construction Warranties") and all causes of action in connection with the Construction Warranties arising under or pursuant to the Construction Documents; provided, however, with respect to the Manhattan Expansion Tower Contract and Manhattan Interior Design Contract, the term "Acquired Assets" shall include only those Construction Warranties and causes of action which remain after Seller has completed its settlement of any existing claims and causes of action arising under or pursuant thereto (collectively "Existing Construction Claims"). Notwithstanding the foregoing, with respect to Manhattan Expansion Tower Contract and the Manhattan Interior Design Contract, the Seller shall not (A) waive any rights thereunder with respect to future causes of action with regard to the Center which are based on facts not known to Seller on the date hereof or (B) release the contractor thereunder from completion of the punchlist items created after consultation with Purchaser.
(b) Seller shall within thirty (30) days after substantial completion of its obligations under the Construction Agreement (or earlier upon written request of Purchaser to the extent necessary for Purchaser to commence a cause of action under the Construction Documents, but with respect to the Manhattan Expansion Tower Contract and the Manhattan Interior Design Contract, not before Seller shall have completed settlement of its Existing Construction Claims), assign to Purchaser all of Seller's beneficial interest in, to and under (but Purchaser shall not be obligated to assume any of Seller's obligations thereunder) the Construction Documents, subject to Seller's right to prosecute or defend its own claims arising under or relating to such contracts.
(c) The obligations set forth in this Section 7.24 shall survive the Closing.
Construction Warranties. 50 Section 9.5 Emission Warranty..........................................................................51
Construction Warranties. Contractor represents, covenants and warrants each of the following:
(a) Contractor will perform and complete the Work in a good and workmanlike manner, in accordance with Applicable Laws, Applicable Insurance Policies, Good Utility Practice and this Agreement and free from Defects in materials, workmanship and title;
(b) Contractor will diligently and continuously prosecute the Work; and
(c) The Plant will conform to the Drawings.
Construction Warranties. (a) If and to the extent that the Concessionaire obtains general or limited warranties from any contractor in favor of the Concessionaire with respect to the design, materials, workmanship, equipment, tools, supplies, software or services, the Concessionaire also shall cause such warranties to be expressly extended to the Department.
(b) The Concessionaire shall obtain, and grant to and for the benefit of and expressly extended to the Department, construction warranty coverage; (i) with respect to the entire Original Project, excluding the HOT Lanes Project and the Springfield Interchange Phase VIII, for a term extending five years after issuance of a Substantial Completion Certificate therefor or for the applicable segment thereof, as applicable; (ii) with respect to the Springfield Interchange Phase VIII, for a term extending five years after the Initial Service Commencement Date and (iii) with respect to the NEXT Project, for a term extending five years after issuance of the NEXT Final Completion Certificate. Such warranty shall be supported by the following (which, together with the warranty itself, shall be in form and substance acceptable to the Department): for the Original Project, (1) commencing upon the first of the applicable warranty commencement dates and continuing until at least the expiration of two years after the commencement of the last of the warranty commencement dates, an irrevocable letter of credit in favor of the Department, in an initial amount of $10,000,000, which shall be replaced with another letter of credit in the amount of $30,000,000 upon Substantial Completion of the entire Original Project; and (2) an unconditional guaranty from Fluor Corporation, in accordance with Section 3.02(c). The warranties shall include the following: (A) the design of each of the Original Project and the NEXT Project will satisfy the requirements of this Agreement and the Technical Requirements, and the applicable Design-Build Contract;
Construction Warranties. Xxxxxxxx agrees that, subject to Xxxxxx’s performance of Xxxxxx’s obligation under this Exhibit B and after Landlord shall complete the Improvements, Landlord shall correct any construction defects about which Tenant notifies Landlord in writing within one (1) year following the later of the completion of the Improvements or the Rent Commencement Date. Tenant’s right to repair of any defect shall be extended for such longer period as may be covered by warranties provided by Contractor or subcontractor (s), and Landlord shall use commercially reasonable efforts to obtain all available warranties and guaranties with respect to the Improvements. [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.
