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Common use of Construction Warranty Clause in Contracts

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 a Subcontractor's supervisory personnel down through the level of project superintendents, procurement managers and lead process engineers, then such costs will be borne by Fluor Xxxxxx. (c) In no event shall Fluor Xxxxxx, under any Section of this Agreement whatsoever, be obligated to perform any corrective services or warranty work or pay any rework or warranty costs once the aggregate total of such rework or warranty costs exceeds $***, and in no event shall Owner be obligated to pay any additional fee to Fluor Xxxxxx in connection with any corrective services or warranty work under this Article 8.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Republic Group Inc)

Construction Warranty. Fluor Xxxxxx Seller warrants to Purchaser that all materials and --------------------- equipment (other than equipment supplied the Improvements installed by Equipment Vendors) furnished pursuant to this Agreement will be new, of good quality and in conformance with the Contract Documents and or under Seller are free from defects; provided, however, that such warranty will not apply to materials defects in material and equipment covered by warranties by Equipment Vendors in favor of or passed through to Owner workmanship 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 the design of the Facilities and/or during Improvements, for a period beginning on the Closing Date and ending on the date that is one year after the Closing Date (1) year period following Substantial Completion the "Warranty Period"). For purposes of this Agreement, "material defects in the design of the FacilitiesImprovements" means a failure to design the Improvements in accordance with applicable covenants, it building laws, codes, ordinances, regulations and dimensional aspects of zoning regulations, as the same are interpreted and enforced as of the date of the design and construction of the Improvements. If any of such work which is shown that there the subject of the construction warranty described herein is an error found to be defective within the Warranty Period and Purchaser has provided notice thereof to Seller within the Warranty Period, Seller will, at its sole cost, risk and expense, correct such work promptly after receipt of written notice from Purchaser, and in any event Seller will commence the completion of such correction within 30 days after written notice from Purchaser unless such defect creates a safety hazard or adversely affects the use of the applicable space in the Construction Work Improvements, in which event Seller will commence the completion of such correction within 5 days after written notice from Purchaser. Seller will bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, which is caused by Seller's correction or removal of defective work. Purchaser agrees to provide Seller with access to the Subject Property for the limited purpose of correcting and repairing such defective workmanship and/or materials. Seller will diligently and continuously proceed with the completion of all corrective work in a manner so as to minimize, to the extent reasonably practicable, disrupting of Purchaser's and the Tenant's operation of the Subject Property. All work done by Seller under this Section 26 shall not result in any liens being filed against the Subject Property. Performance of such one year warranty will be Seller's sole and exclusive obligation with respect to the correction or repair of the defective workmanship and/or materials, and Purchaser's rights to enforce such one year warranty is Purchaser's sole and exclusive remedy with respect to the correction or repair of such defective workmanship and/or materials in limitation of any contract, warranty or other rights, whether express or implied, that Purchaser may otherwise have under applicable law. If Seller does not proceed with the correction of such defective work within the time period as set forth above or fails to complete the correction, Purchaser may, upon prior written notice to Seller, but have no obligation to, perform such work and Seller will reimburse Purchaser for all reasonable costs and expenses of completing and performing such corrective work. Seller reserves the right to (a) enforce the provisions of the Warranties in respect to all obligations or duties of the other party thereto in order to fulfill its warranty obligations described herein, and (b) exercise such rights under the Warranties as are necessary in order for Seller to fulfill its obligations hereunder relating to the Subject Property, provided, however, in no event will Seller terminate any of the Warranties as a result of Fluor DanielSeller's enforcement of such reserved rights. The parties acknowledge that certain portions of the building and the building equipment constituting a part of the Improvements may not have been finally completed on the Closing Date. Accordingly, Seller and Purchaser shall determine in good faith on or a Subcontractor's failure to meet those standards and Owner has notified Fluor Xxxxxx in writing before the expiration of any such error prior to the end of that one-year periodInspection 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 Workthe amount (the "Punch List Amount"), 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 which amount shall be borne by Fluor Xxxxxx until the aggregate amount of such costs reaches a total of ***125% of the total direct cost amount necessary to (i) satisfactorily complete any items of construction, or to provide any items of building equipment, required by the Plans and Specifications which, while substantially complete, have not been finally completed or provided on the Closing Date; (ii) satisfactorily complete any landscaping required by the Plans and Specifications which cannot then be completed on account of weather or the season; and (iii) correct any material defects in the design or construction of the Improvements or the materials incorporated therein (all of the foregoing being collectively called the "Punch List Work"). As expeditiously and prudently as possible after the Closing Date, Seller shall complete, or cause to be completed, all of the Punch List Work. (For reference purposes, Seller's covenant to complete the parties agree that at Punch List Work shall survive the date Closing and any release of execution of this Agreement construction holdbacks by Tenant under the total direct cost of the Work is estimated to be $***Lease.) (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 a Subcontractor's supervisory personnel down through the level of project superintendents, procurement managers and lead process engineers, then such costs will be borne by Fluor Xxxxxx. (c) In no event shall Fluor Xxxxxx, under any Section of this Agreement whatsoever, be obligated to perform any corrective services or warranty work or pay any rework or warranty costs once the aggregate total of such rework or warranty costs exceeds $***, and in no event shall Owner be obligated to pay any additional fee to Fluor Xxxxxx in connection with any corrective services or warranty work under this Article 8.

Appears in 1 contract

Samples: Purchase Agreement (Wells Real Estate Fund Xiii L P)

Construction Warranty. Fluor Xxxxxx warrants that all Notwithstanding anything to the contrary contained in this paragraph, Lessor shall guarantee the Tenant Improvements against defective workmanship and/or materials and --------------------- equipment (other than equipment supplied by Equipment Vendors) furnished pursuant to this Agreement will be new, for a period 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 from the date of substantial completion of the FacilitiesTenant Improvements and shall guarantee the shell building, it is shown the parking area and other improvements surveying the Premises that there is an error have been constructed by Lessor on the Property against defective workmanship and/or materials for a period of one (1) year from the date on which the City of Phoenix issues its Letter of Compliance for such shell building and other improvements and Lessor agrees to repair or replace any defective item in the Construction Work as a result of Fluor Daniel's Tenant Improvements or a Subcontractor's failure to meet those standards and Owner has notified Fluor Xxxxxx in writing of any such error prior to other improvements occasioned by poor workmanship and/or materials during the end of that applicable one-year period, Fluor Xxxxxx and Lessor's performance of such one-year guarantee shall rebe the sole and exclusive obligation of Lessor with respect to such defective workmanship and/or materials, and Lessee's rights to enforce such one-perform year guarantee against Lessor shall be Lessee's sole and exclusive remedy with respect to such Construction Work and take such defective workmanship and/or materials in limitation of any contract, warranty or other action as rights, whether express or implied, that Lessee may be necessary to remedy such errorotherwise have under applicable law. If To the extent warranties of any such Workof Lessor's subcontractors or suppliers remain enforceable after the expiration of Lessor's one (1) year guarantee described above, materials or equipment is covered by a warranty from a third party, Fluor Xxxxxx Lessor shall cooperate with Owner Lessee to enforce same for the parties mutual benefit. 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 seeking recovery under such warranty. (a) good order, condition and repair the structural components of the shell building in which the Premises is located. All costs and expenses incurred by Fluor Xxxxxx in performing such corrective services and warranty work connection therewith 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 purposesincluded in Operating Expenses, the parties agree except for any capital improvements that at the date of execution of this Agreement the total direct cost of the Work is estimated are excluded pursuant to Article II, which excluded capital improvements shall not be $***included in Operating Expenses.) (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 a Subcontractor's supervisory personnel down through the level of project superintendents, procurement managers and lead process engineers, then such costs will be borne by Fluor Xxxxxx. (c) In no event shall Fluor Xxxxxx, under any Section of this Agreement whatsoever, be obligated to perform any corrective services or warranty work or pay any rework or warranty costs once the aggregate total of such rework or warranty costs exceeds $***, and in no event shall Owner be obligated to pay any additional fee to Fluor Xxxxxx in connection with any corrective services or warranty work under this Article 8.

Appears in 1 contract

Samples: Lease Agreement (Syntellect Inc)

Construction Warranty. Fluor Xxxxxx a. Developer hereby warrants to the Authority that all the materials and --------------------- equipment (other than equipment supplied by Equipment Vendors) furnished pursuant to in accordance with this Agreement will be new, of good quality and in conformance with quality, that the Contract Documents and Work will be free from defects; provided, howeverand that the Work will conform with the requirements of this Agreement, that such warranty will the Building Plans, and Applicable Laws. Work not apply conforming to these requirements, including substitutions not properly approved and authorized by the Authority, may be considered defective. If requested by the Authority, Developer shall furnish evidence satisfactory to the Authority as to the kind and quality of materials and equipment covered by warranties by Equipment Vendors used in favor the construction of the Cottages. b. Developer shall correct or passed through cause Xxxxxx Homes to Owner correct any work failing to conform to the requirements of the Construction Contract discovered before Substantial Completion, whether or not fabricated, installed or completed, at Developer’s sole cost and delivered expense. c. If, within one (1) year after Substantial Completion, any of the work performed to Owner pursuant construct the Cottages is found to Sections 8.4 be defective or not in accordance in all respects with the requirements of this Agreement, Developer shall correct or cause the Xxxxxx Homes to correct such defect(s), at Developer’s sole cost and 8.6(b)expense, promptly after receipt of written notice from the Authority to do so and shall pursue such correction diligently and expeditiously. Fluor Xxxxxx warrants that it and its Subcontractors will perform their construction services that are part With respect to portions 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 first performed after Substantial Completion, 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 shall be extended by the period of time between the date of Substantial Completion of and 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 actual performance of the Work. The obligation under this Section No. 8 shall survive acceptance of the Work performed to construct the Cottages. The Authority shall give such notice promptly after discovery of the condition. The Authority shall report to Developer any defective condition discovered more than one (For reference purposes, the parties agree that at 1) year after the date of execution of Substantial Completion, as such period may be extended under this Agreement the total direct cost Section. d. Any and all warranties extended by Developer and contained in this Section No. 8 shall transfer to each owner(s) of the Work is estimated Property and as appropriate to be $***.each homeowner(s) (The aforesaid ***% of the total direct cost of the work Cottages. e. Nothing contained in this Section No. 8 shall be referred construed to as the "Warranty Limit.") (b) If Owner requires Fluor Xxxxxx establish a period of limitation with respect to perform such corrective services or warranty work that exceeds the Warranty Limit, all costs in excess other obligations 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 a Subcontractor's supervisory personnel down through the level of project superintendents, procurement managers and lead process engineers, then such costs will be borne by Fluor Xxxxxx. (c) In no event shall Fluor Xxxxxx, under any Section of this Agreement whatsoever, be obligated to perform any corrective services or warranty work or pay any rework or warranty costs once the aggregate total of such rework or warranty costs exceeds $***, and in no event shall Owner be obligated to pay any additional fee to Fluor Xxxxxx in connection with any corrective services or warranty work Developer under this Article 8Agreement.

Appears in 1 contract

Samples: Development Agreement

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 If at any time during 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 (Project or during the "Construction Work") Warranty Period any faults, errors, omissions, or other defects in the Project are discovered, Owner's Representative may issue an instruction to Westfield which shall state in what respect there are defects in the Project and shall state a reasonable time within which Westfield shall remedy those defects, having due regard to the impact of the defects on the operational efficiency, safety or marketing of the Center expansion. Westfield shall promptly remedy such defects by appropriate reconstruction, replacement, correction or rectification work and shall complete the same within the time period stipulated in such instruction in accordance with the current standards terms of care this Agreement. Where such defects are due to materials and/or workmanship not being in accordance with the Plans and diligence normally practiced Specifications or Westfield's default under the terms of this Agreement, such remedy by recognized construction firms Westfield shall be at no cost to Owner. Any defects in performing services of a similar nature and that such Construction the Project rectified by Westfield during the Warranty Period ("Remedial Work") shall be subject to only one further warranty period. The warranty period for Remedial Work shall be free from material defects in workmanshiptwelve (12) months and shall commence on the date the Remedial Work is completed. If, prior to Westfield's obligations under this Section 13.1 shall survive any termination of this Agreement following the Date of Substantial Project Completion for the duration of the Facilities and/or during applicable Warranty Period, but subject to the one (1) year period following Substantial Completion provisos, shall not survive the termination 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 this Agreement prior to the end Date of Substantial Project Completion pursuant to Article 16 or 17; PROVIDED, HOWEVER, in the event that one-year periodthe Warranty Period commences with respect to any completed Stage prior to the Date of Substantial Project Completion, Fluor Xxxxxx then Westfield's warranty obligations with respect to such Stage shall re-perform such Construction Work and take such other action as may be necessary to remedy such error. If survive 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 termination of this Agreement prior to the total direct cost Date of Substantial Project Completion; and PROVIDED FURTHER that in the Work is estimated event this Agreement shall be terminated prior to be $***.) (The aforesaid ***% the Date of the total direct cost of Substantial Project Completion due to a material default by Westfield under this Agreement, then Westfield's warranty obligations with respect to the work that shall be referred have been performed prior to as such termination shall survive, except to the "Warranty Limit.") (b) If Owner requires Fluor Xxxxxx to perform extent 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 is damaged due to the gross negligence acts or willful misconduct omissions of Fluor Daniel's Owner, the successor developer or a Subcontractor's supervisory personnel down through the level of project superintendents, procurement managers and lead process engineers, then such costs will be borne by Fluor Xxxxxxtheir respective subcontractors. (c) In no event shall Fluor Xxxxxx, under any Section of this Agreement whatsoever, be obligated to perform any corrective services or warranty work or pay any rework or warranty costs once the aggregate total of such rework or warranty costs exceeds $***, and in no event shall Owner be obligated to pay any additional fee to Fluor Xxxxxx in connection with any corrective services or warranty work under this Article 8.

Appears in 1 contract

Samples: Master Development Framework Agreement (Westfield America Inc)

Construction Warranty. Fluor Xxxxxx warrants that all materials and --------------------- equipment (other than equipment supplied by Equipment Vendors) furnished pursuant 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 Section 17.1.15 of the Work (Lease, Seller has warranted to Tenant that the "Construction Work") in accordance with the current standards of care Tenant Improvements" and diligence normally practiced by recognized construction firms in performing services of a similar nature related materials, equipment and that such Construction Work installation shall be free from material defects in workmanship. Ifworkmanship and shall conform to the plans and specifications, prior which warranty is stated to Substantial Completion run for a period of the Facilities and/or during the one (1) year period following Substantial Completion after the applicable commencement date for leased space finished by Seller, and Seller agreed to repair, correct or replace as necessary any defective item occasioned by a breach of such warranty if notified by Tenant of the Facilitiesdefective item within the foregoing one (1) year period. In the event Purchaser is notified by Tenant of a claim under Section 17.1.5 of the Lease (a "Claim"), it is shown Purchaser shall notify Seller of such Claim and Seller shall promptly repair, correct or replace the claimed defective item occasioned by such breach of warranty and provide Purchaser with reasonable evidence of such repair, correction or replacement. Purchaser agrees to provide Seller access to the Property for the purposes of making such repairs, corrections or replacements. In the event Seller fails to promptly repair, correct or replace such defective item, Purchaser may, after giving Seller five days notice of such failure on the part of Seller, repair, correct or replace such defective item and Seller hereby agrees that there is an error in the Construction Work as a result event Purchaser shall incur any costs or expenses in performing and complying with the obligations of Fluor Daniel's or a Subcontractor's failure to meet those standards the Landlord under Section 17.1.15 of the Lease, Seller shall promptly reimburse Purchaser for any such costs and Owner has notified Fluor Xxxxxx in writing expenses, net of any amounts thereof recovered by Purchaser under any Warranties, within ten (10) business days after receipt by Seller of a written request for such error prior to payment from Purchaser accompanied by copies of invoices or other back-up information substantiating 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 and expenses incurred by Purchaser. The obligations 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 a Subcontractor's supervisory personnel down through the level of project superintendents, procurement managers and lead process engineers, then such costs will be borne by Fluor Xxxxxx. (c) In no event shall Fluor Xxxxxx, under any Section of this Agreement whatsoever, be obligated to perform any corrective services or warranty work or pay any rework or warranty costs once the aggregate total of such rework or warranty costs exceeds $***, and in no event shall Owner be obligated to pay any additional fee to Fluor Xxxxxx in connection with any corrective services or warranty work Seller under this Article 8Section 26 shall survive the Closing, but only with respect to Claims asserted in writing by Purchaser within thirteen (13) months after the Closing.

Appears in 1 contract

Samples: Purchase Agreement (Wells Real Estate Investment Trust Inc)