Construction Warranty. At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).
Construction Warranty. At the Closing, the Company shall be the named beneficiary of all construction warranties with respect to the Hotel, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit E (the “Construction Warranty”).
Construction Warranty. 3.6.1 The Engineer and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies.
3.6.2 The Engineer and its consultants shall conduct an inspection of the Individual Project one (1) month prior to warranty expiration and provide to the Owner a written report specifying any warranty deficiencies which may exist.
Construction Warranty. The Contractor hereby warrants to Seller and Buyer that all materials and equipment furnished with respect to the Property are new and the work performed by the Contractor with respect to the Property is of good and workmanlike quality, free from faults and defects, and in conformance with all contract documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The foregoing warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by Seller or Buyer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
Construction Warranty. 3.6.1 The Design Consultant and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies.
3.6.2 The Design Consultant and its consultants shall conduct an inspection of the project one (1) month prior to warranty expiration and provide to the Owner a written report specifying any warranty deficiencies which may exist.
Construction Warranty. Lessor shall cause Opus West Construction Corporation ("Opus West") to guarantee the Tenant Improvements against defective workmanship and/or materials for a period of one (1) year from the date of substantial completion of the Tenant Improvements and Lessor shall cause Opus West to guarantee also the Building and the Office Complex against defective workmanship and/or materials for a period of one (1) year from the substantial completion thereof. Lessor agrees to cause Opus West to repair or replace any defective item in the Tenant Improvements or such other improvements occasioned by poor workmanship and/or materials during the applicable one-year period, and Opus West's performance of such one-year guarantee shall be the sole and exclusive obligation of Lessor or Opus West with respect to such defective workmanship and/or materials, and Lessee's rights to enforce such one-year guarantee against Opus West shall be Lessee's sole and exclusive remedy with respect to such defective workmanship and/or materials in limitation of any contract, warranty or other rights, whether express or implied, that Lessee may otherwise have under applicable law. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after the expiration of Lessor's one (1) year guarantee described above, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive of the roof membrane)) of the Building in which the Premises is located. All costs and expenses incurred in connection therewith shall be included in Operating Expenses, except for any capital improvements that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating Expenses.
Construction Warranty. Landlord warrants the Leasehold Improvements against defective workmanship and materials for a period of one year after Substantial Completion thereof. Landlord's sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies Landlord of the defective item within such one year period. Landlord has no obligation to repair or replace any item after such one year period expires. THE WARRANTY TERMS PROVIDE THE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF TENANT FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, TORT, WARRANTY OR OTHER RIGHTS OR CLAIMS, WHETHER EXPRESS OR IMPLIED, THAT MIGHT OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
Construction Warranty. Fluor Xxxxxx warrants that all materials and --------------------- equipment (other than equipment supplied by Equipment Vendors) furnished pursuant to this Agreement will be new, of good quality and in conformance with the Contract Documents and free from defects; provided, however, that such warranty will not apply to materials and equipment covered by warranties by Equipment Vendors in favor of or passed through to Owner and delivered to Owner pursuant to Sections 8.4 and 8.6(b). Fluor Xxxxxx warrants that it and its Subcontractors will perform their construction services that are part of the Work (the "Construction Work") in accordance with the current standards of care and diligence normally practiced by recognized construction firms in performing services of a similar nature and that such Construction Work shall be free from material defects in workmanship. If, prior to Substantial Completion of the Facilities and/or during the one (1) year period following Substantial Completion of the Facilities, it is shown that there is an error in the Construction Work as a result of Fluor Daniel's or a Subcontractor's failure to meet those standards and Owner has notified Fluor Xxxxxx in writing of any such error prior to the end of that one-year period, Fluor Xxxxxx shall re-perform such Construction Work and take such other action as may be necessary to remedy such error. If any such Work, materials or equipment is covered by a warranty from a third party, Fluor Xxxxxx shall cooperate with Owner in seeking recovery under such warranty.
(a) All costs incurred by Fluor Xxxxxx in performing such corrective services and warranty work shall be borne by Fluor Xxxxxx until the aggregate amount of such costs reaches a total of ***% of the total direct cost of the Work. (For reference purposes, the parties agree that at the date of execution of this Agreement the total direct cost of the Work is estimated to be $***.) (The aforesaid ***% of the total direct cost of the work shall be referred to as the "Warranty Limit.")
(b) If Owner requires Fluor Xxxxxx to perform such corrective services or warranty work that exceeds the Warranty Limit, all costs in excess of the Warranty Limit incurred in performing such corrective services and warranty work shall be reimbursable costs due Fluor Xxxxxx under Sections 6.1 and 7.1 hereof; provided, however, if such corrective services or warranty work are required due to the gross negligence or willful misconduct of Fluor Daniel's or...
Construction Warranty. (a) Seller shall provide a Limited Warranty to the Buyer at Closing. Xxxxx acknowledges receipt of a copy of the Limited Warranty at the time of signing this Contract. The Limited Warranty is the only warranty, express or implied, which Seller makes to the Buyer. BUYER INITIAL
(b) IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT, EXCEPT FOR THE LIMITED WARRANTY AND EXCEPT FOR THOSE ITEMS NOTED IN THE “PUNCH LIST” PURSUANT TO THE FINAL WALK-THROUGH INSPECTION (SEE SECTION 15), SELLER IS NOT FURNISHING ANY OTHER WARRANTIES. BUYER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, DESIGN, CONDITION, QUALITY OR OTHERWISE AS TO THE DWELLING UNIT, THE PROPERTY AND OTHER IMPROVEMENTS CONSTRUCTED OR INSTALLED THEREON OR THEREIN, ARE EXPRESSLY DISCLAIMED BY SELLER AND WAIVED BY BUYER.
(c) EXCEPT FOR THE LIMITED WARRANTY, BUYER ASSUMES THE RISK OF ANY AND ALL DAMAGE OCCURRING IN OR APPREARING ON THE PROPERTY OR THE DWELLING UNIT AND OTHER IMPROVEMENTS CONSTRUCTED THEREON AND APPURTENANT THERETO FROM AND AFTER THE DATE OF CLOSING, REGARDLESS OF THE CAUSE THEREOF.
(x) Xxxxx agrees that by Closing the purchase of the Dwelling Unit as contemplated by this Contract, Xxxxx accepts the terms of the Limited Warranty and agrees to be bound by them whether Xxxxx actually signs the Limited Warranty or not. Xxxxx acknowledges that Xxxxx has read the Limited Warranty.
(e) Xxxxx agrees that, prior to initiating any lawsuit, mediation, arbitration or other civil action against Seller for construction defects, omissions or errors, or for any other reason, Buyer must first:
i. Notify Seller in writing delivered by certified mail, return receipt requested, by overnight courier service (e.g. FedEx or UPS) or by personal service, of the nature of any claim, error or omission (“Alleged Defect”), stating the location and description of each Alleged Defect in sufficient detail to determine the general nature of the Alleged Defect and any damages claimed to have been caused by the Alleged Defect (“Defect Notice”). Failure to so notify Seller within thirty (30) days of Buyer’s first discovery of the Alleged Defect shall be deemed a waiver of any right to assert a claim for said Alleged Defect, or any other claim for the same Alleged Defect in another location o...
Construction Warranty. All Work shall be free from defects and conform to the requirements of the Contract Documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. CM/GC shall, if required, furnish satisfactory evidence as to the kind and quality of materials and Work. Such warranties are referred to herein as the Construction Warranty.
