Contractor Guarantee. The Contractor shall: perform the Contract in accordance with the specifications and terms and conditions of the Scope of Work, furnish adequate protection from damage for all work and to repair any damage of any kind, for which he or his workmen are responsible, to the premises or equipment, to his own work or to the work of other contractors; pay for all permits, licenses, and fees, and to give all notices and comply with all laws, ordinances, rules and regulations of the city and the State.
Contractor Guarantee. On the Effective Date, Contractor shall obtain and deliver a guarantee from [Name of parent firm or other Guarantor] . (“Parent Guarantee”) of performance for the obligations of Contractor, in the form of Schedule X. The obligations of Owner pursuant to Article 5 hereunder are expressly conditioned upon the receipt of such Parent Guarantee.
Contractor Guarantee. The Contractor shall be responsible for the condition of all material and all work performed as part of this contract and such material and labor shall be guaranteed by the Contractor and his surety against defective workmanship and/or material found to be defective in manufacture or which has been damaged in handling or placement after delivery for a period of 12 months after acceptance by the City. If material is provided by the City, the Contractor shall determine that the material is in good condition and shall notify the Signal Technician of any defects before accepting material. Contractor shall repair, replace, or otherwise make good at their own expense any such defect or failure which may become evident within the guarantee period, excepting as may be due to normal use or wear.
Contractor Guarantee. Simultaneously with the execution of this Agreement, Contractor shall deliver to Owner the Contractor Guarantee in the form set forth in Appendix Y whereby Contractor Guarantor shall guarantee the full and punctual payment and performance of all obligations of Contractor under this Agreement. Contractor shall cause the Contractor Guarantor to maintain its corporate existence. Contractor acknowledges and agrees that any assignment of the Contractor Guarantee by the Contractor Guarantor, including by operation of law, without the prior written consent of Owner, shall be a material breach of Contractor’s obligations under this Section 17.1.
Contractor Guarantee. 18.1. The Contractor guarantees the performance of the Work and any materials used in connection with the Work, and that the Work and materials are suitable for their intended purposes and uses as stated in the Contract.
18.2. The Guarantee Period will commence when the Completion Certificate is issued under Art. 15 or, in the event a Completion Certificate is not issued, from the due date of the final invoice and expires two years thereafter. In the event delivery under this Contract is a part of a bigger project, the Guarantee period shall commence upon the commencement of the guarantee period for the main project (e.g. module or platform), and expire two years after the issue of completion certificate or expiration of the guarantee period for the main project. In the event the completion certificate for this de- livery does not correspond with start of the guarantee period for the main project, Contrac- tor shall be responsible for the necessary preservation of the equipment in order to en- sure the concurrence of the applicable guaran- tee periods. The Contractor’s liability for defects covered by the Guarantee is regulated by Art. 20 .
18.3. In case Contractor performs guarantee work during the Guarantee Period, he guarantees those parts of the Work affected by the guaran- tee work. This guarantee applies for one year after the date of completion of the guarantee work, unless the remaining part of the Guaran- tee Period is longer. The length of the guaran- tee for such parts of the Work shall, however, under no circumstances extend beyond two years after the completion of the first guaran- tee work.
Contractor Guarantee. The Guarantor hereby:
4.8.1 guarantees to the Authority as primary obligor due and proper performance by the Contractor of each and every obligation of the Contractor arising under this Agreement;
4.8.2 agrees that if the Contractor shall in any respect fail to perform any of its obligations arising under this Agreement or shall commit any breach of or fail to fulfil any warranty set out in this Agreement, then the Guarantor shall forthwith perform and fulfil in place of the Contractor each and every obligation or warranty in respect of which the Contractor has defaulted or as may be unfulfilled by the Contractor, and the Guarantor shall indemnify and hold harmless the Authority from and against any and all Losses which the Authority may suffer or incur by reasons of the said failure or breach;
4.8.3 acknowledges and agrees that no variation or alteration of the terms of this Agreement or in the extent, nature or method or performance of the Services, and no allowance of time, waiver, forbearance or forgiveness or any other matter or thing concerning this Agreement or the conduct or performance by the Contractor of its obligations under this Agreement shall in any way release the Guarantor from any liability under the terms of the guarantee set out in this Clause 4.8, and the Guarantor hereby waives notice to it of any such event; and
4.8.4 agrees that the guarantee set out in this Clause 4.8 shall not be revocable by the Guarantor and that the same shall be a continuing guarantee, shall be additional to any other guarantee or security from time to time held by the Authority and shall remain in full force and effect notwithstanding the insolvency or liquidation of the Contractor.
4.8.5 Subject to sub-clause 4.8.4, the liability of the Guarantor under this Clause 4.8 shall be limited to the extent that the Contractor would have been liable to the Authority under this Agreement for the Contractor’s failure or breach referred to in Clause 4.8.4 and the Guarantor shall have available to it all defences as are or may have been available to the Contractor under this Agreement.
Contractor Guarantee. Contractor shall guarantee to make standard adjustments on defective products, if any, and the contract price to be basis of such adjustment. Carcass allowance to be granted on truck tires and 14.00 x R24 grader tires that are worn smooth but not re-cappable due to product failure – first cap only. Contractor will guarantee his product to take at least one cap on truck and off road tires.
Contractor Guarantee. 10.5.1 The CONTRACTOR guarantees that it can deliver the services according to the terms and conditions as stipulated in the tender documents.
10.5.2 The CONTRACTOR shall provide backup to ensure performance in all respects as per the tender documents.
10.5.3 The CONTRACTOR shall ensure data integrity, accessibility and systems continuity by making appropriate backups and depositing, the Biometric Identification and Verification Software and Procedures with Escrow as per clause 35.1
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Contractor Guarantee. (Mandatory language provided 4/20/11) The Contractor shall: perform the Contract in accordance with the specifications and terms and conditions of the Scope of Work, furnish adequate protection from damage for all work and to repair any damage of any kind, for which he or his workmen are responsible, to the premises or equipment, to his own work or to the work of other contractors; pay for all permits, licenses, and fees, and to give all notices and comply with all laws, ordinances, rules and regulations of the city and the State. Force Majeure (Mandatory language revised 12/22/11). The Parties shall not be excused from their obligation to perform in accordance with the Contract except in the case of Force Majeure events and as otherwise provided for in the Contract. A Force Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is outside the control nor caused by the Parties. In the case of any such exception, the nonperforming Party shall give immediate written notice to the other, explaining the cause and probable duration of any such nonperformance.
