Common use of Contractor Warranties Clause in Contracts

Contractor Warranties. (a) Notwithstanding any terms or conditions of the Lease, Tenant shall cause the Contractor to guarantee to Owner and Tenant that the Improvements will be constructed without defective workmanship and materials, latent or otherwise, for a period of one (1) year from the Substantial Completion Date (the “Warranty Period”). The Contractor shall also guarantee the foundations, slab, structural frame, roof deck, roof and roof membrane and exterior walls of the Improvements against defective, workmanship and materials, latent or otherwise, for a period of one (1) years from the Substantial Completion Date (the “Structural Warranty Period”). The landscaping warranty shall be one year for all trees and six months for all plant materials, including shrubs and groundcover. The Construction Documents shall require, among other provisions, that the Contractor obtain a warranty on the roof membrane of not less than 20 years and to assign such warranty to Owner. (b) By virtue of the foregoing guaranties, the Contractor shall repair or replace at its sole cost and expense any defective item occasioned by defective, workmanship or materials that Tenant or Owner discovers during the Warranty Period or the Structural Warranty Period, as the case may be. On the expiration of the Warranty Period or the Structural Warranty Period, as the case may be, and with the exception of any equipment or roof warranty, provided that such warranties have theretofore been assigned pursuant to Section 6(a), the Contractor shall assign and deliver to Owner originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made in connection with the construction of the Improvements and any and all claims against vendors or others who provided materials or construction during the construction of the Improvements and must assign to Owner, free and clear of all liens and encumbrances, the Contractor’s interest in those guaranties, warranties and claims by means of a duly executed and acknowledged assignment in form and substance satisfactory to Owner. In addition, the Contractor shall warrant to Owner and Tenant that it will replace all landscape plantings at the Premises during the initial year of the term of the Lease, except for those which do not survive by reason of neglect or intentional misconduct. (c) Tenant acknowledges and agrees that its sole remedy for any defect in construction of the Improvements shall be an action for specific performance and/or damages against the Contractor. Tenant specifically waives any right which Tenant may otherwise have at law or in equity to make any claim against Owner for any latent or patent defect in construction of the Improvements, including but not limited to, any right to offset against or deduct from rent due to Owner under the Lease.

Contractor Warranties. Contractor warrants that all materials, equipment, labor furnished or performed under this Agreement and other hardware items provided by the Contractor or by any of its subcontractors of any tier for the Project (a) Notwithstanding any terms or conditions shall meet the applicable functional requirements of the LeaseAgreement as detailed in Attachment A Scope of Work, Tenant (b) shall cause be new at the time furnished and (c) shall be free of all liens, encumbrances and other rights and interests of third parties. Contractor, at its option, will at no charge either repair any warranted product not meeting these requirements with new or reconditioned parts, or replace it with the same or an equivalent product, subject to the notice provisions set forth herein. Repaired or replaced hardware products are warranted for the balance of the original applicable warranty period. All removed and/or replaced parts shall become the property of Contractor. Contractor warrants that all system software and applications, including CSC System software will be free from reproducible defects that materially vary from the functional requirements and specifications in the Agreement. SANDAG shall notify the Contractor in writing, or by telephone or fax confirmed in writing, after discovery of a discrepancy or defect covered by the warranties set forth herein. Contractor’s warranty responsibilities hereunder shall be contingent upon SANDAG providing such notice within the warranty period, except that if such discrepancy or defect is one of which Contractor knew or should have known, as a result of its Operation and Maintenance responsibilities under the Agreement, such notice shall be deemed given. As soon as practicable, and in any event within 10 days after receiving SANDAG’s notice, the Contractor shall propose a recommended method of correcting the discrepancy or defect that meets all requirements of the Agreement and involves the least loss of operating time or efficiency. If SANDAG determines that it would be inefficient or impractical for the Contractor to guarantee to Owner and Tenant perform the corrective work, or that the Improvements will be constructed without defective workmanship and materials, latent Contractor is unwilling or otherwiseunable, for whatever reason, to perform the corrective work in the manner or within the time required by the Agreement, SANDAG reserves the right to perform the corrective work itself or to select another firm or entity to perform the corrective work. If such corrective work by SANDAG, or another firm or entity occurs because Contractor is unwilling or unable to perform the work in accordance with the Agreement, such corrective work shall be at Contractor’s expense, provided that Contractor is kept informed as to the details and costs of any such corrective work. The party performing such corrective work shall warrant the corrective work performed directly to SANDAG.‌ Unless otherwise required by SANDAG, the Contractor shall perform the corrective work required to satisfy this warranty as rapidly as practicable, and in any event within 60 days from the date such corrective work was begun, unless the extent of the corrective work reasonably requires a longer period of one (1) year from the Substantial Completion Date (the “Warranty Period”)performance. The Contractor shall also guarantee perform the foundations, slab, structural frame, roof deck, roof corrective work and roof membrane and exterior walls shall procure required materials using the fastest means available in order to minimize SANDAG’s loss of the Improvements against defective, workmanship and materials, latent operating time or otherwise, for a period of one (1) years from the Substantial Completion Date (the “Structural Warranty Period”). The landscaping warranty shall be one year for all trees and six months for all plant materials, including shrubs and groundcover. The Construction Documents shall require, among other provisions, that the Contractor obtain a warranty on the roof membrane of not less than 20 years and to assign such warranty to Ownerefficiency. (b) By virtue of the foregoing guaranties, the Contractor shall repair or replace at its sole cost and expense any defective item occasioned by defective, workmanship or materials that Tenant or Owner discovers during the Warranty Period or the Structural Warranty Period, as the case may be. On the expiration of the Warranty Period or the Structural Warranty Period, as the case may be, and with the exception of any equipment or roof warranty, provided that such warranties have theretofore been assigned pursuant to Section 6(a), the Contractor shall assign and deliver to Owner originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made in connection with the construction of the Improvements and any and all claims against vendors or others who provided materials or construction during the construction of the Improvements and must assign to Owner, free and clear of all liens and encumbrances, the Contractor’s interest in those guaranties, warranties and claims by means of a duly executed and acknowledged assignment in form and substance satisfactory to Owner. In addition, the Contractor shall warrant to Owner and Tenant that it will replace all landscape plantings at the Premises during the initial year of the term of the Lease, except for those which do not survive by reason of neglect or intentional misconduct. (c) Tenant acknowledges and agrees that its sole remedy for any defect in construction of the Improvements shall be an action for specific performance and/or damages against the Contractor. Tenant specifically waives any right which Tenant may otherwise have at law or in equity to make any claim against Owner for any latent or patent defect in construction of the Improvements, including but not limited to, any right to offset against or deduct from rent due to Owner under the Lease.

Contractor Warranties. (a) Notwithstanding ParentSquare Inc., Quote #ParentSquare 01 a. Contractor expressly warrants that Contractor and any terms or conditions approved subcontractors have all of the Leaserights, Tenant shall cause licenses, permits, qualifications, and consents necessary to (i) Perform Contractor's obligations hereunder, (ii) License the Product to the District as provided under this Contract, and (iii) Assign the Product or Work Product under Section 17. Contractor to guarantee to Owner and Tenant expressly warrants that the Improvements Products and Work Product do not infringe or misappropriate the intellectual property rights of any third party. b. Contractor expressly warrants that, for one year following delivery of the Products ("Warranty Period"), the Products and Work Product will perform substantially in accordance with the description in Exhibit B (Statement of Work) when properly operated on the designated hardware and operating system. Contractor does not warrant that operation of the Products will be constructed without defective workmanship and materialserror-free. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THE CONTRACT, latent or otherwiseCONTRACTOR MAKES NO OTHER WARRANTIES, for a period of one (1) year from EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE c. During the Substantial Completion Date (the “Warranty Period”, Contractor shall replace defective media or materials and attempt to correct any material error or defect in the Products or Work Products. Such error correction and assistance will be provided as expeditiously as reasonably possible. This warranty does not apply to problems arising from (i) District's alteration, modification, or misuse of the Products or Work Products; (ii) The malfunction of District's equipment, operating system, or software not supplied by Contractor; or (iii) Attempts to use the Products or Work Products in a manner or purpose for which it was not intended. d. Contractor's liability in the event the Product or Work Product is defective shall be to provide a remedy as described above in Section 30.b. during the Warranty Period. e. The warranties and limitations set forth above shall not apply to the services provided by Contractor pursuant to Exhibit G (Maintenance). The Contractor shall also guarantee the foundations, slab, structural frame, roof deck, roof warranties and roof membrane and exterior walls of the Improvements against defective, workmanship and materials, latent or otherwise, limitations for a period of one (1) years from the Substantial Completion Date (the “Structural Warranty Period”). The landscaping warranty those services shall be one year for all trees and six months for all plant materials, including shrubs and groundcover. The Construction Documents shall require, among other provisions, that the Contractor obtain a warranty on the roof membrane of not less than 20 years and to assign such warranty to Owner. (b) By virtue of the foregoing guaranties, the Contractor shall repair or replace at its sole cost and expense any defective item occasioned by defective, workmanship or materials that Tenant or Owner discovers during the Warranty Period or the Structural Warranty Period, as the case may be. On the expiration of the Warranty Period or the Structural Warranty Period, as the case may be, and with the exception of any equipment or roof warranty, provided that such warranties have theretofore been assigned pursuant to Section 6(a), the Contractor shall assign and deliver to Owner originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made set forth in connection with the construction of the Improvements and any and all claims against vendors or others who provided materials or construction during the construction of the Improvements and must assign to Owner, free and clear of all liens and encumbrances, the Contractor’s interest in those guaranties, warranties and claims by means of a duly executed and acknowledged assignment in form and substance satisfactory to Owner. In addition, the Contractor shall warrant to Owner and Tenant that it will replace all landscape plantings at the Premises during the initial year of the term of the Lease, except for those which do not survive by reason of neglect or intentional misconduct. (c) Tenant acknowledges and agrees that its sole remedy for any defect in construction of the Improvements shall be an action for specific performance and/or damages against the Contractor. Tenant specifically waives any right which Tenant may otherwise have at law or in equity to make any claim against Owner for any latent or patent defect in construction of the Improvements, including but not limited to, any right to offset against or deduct from rent due to Owner under the Lease.Exhibit G.

Contractor Warranties. (a) Notwithstanding a. Contractor expressly warrants that Contractor and any terms or conditions approved subcontractors have all of the Leaserights, Tenant shall cause licenses, permits, qualifications, and consents necessary to (i) Perform Contractor's obligations hereunder, (ii) License the Product to the District as provided under this Contract, and (iii) Assign the Product or Work Product under Section 17. Contractor to guarantee to Owner and Tenant expressly warrants that the Improvements Products and Work Product do not infringe or misappropriate the intellectual property rights of any third party. b. Contractor expressly warrants that, for one year following delivery of the Products ("Warranty Period"), the Products and Work Product will perform substantially in accordance with the description in Exhibit B (Statement of Work) when properly operated on the designated hardware and operating system. Contractor does not warrant that operation of the Products will be constructed without defective workmanship and materialserror-free. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THE CONTRACT, latent or otherwiseCONTRACTOR MAKES NO OTHER WARRANTIES, for a period of one (1) year from EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE c. During the Substantial Completion Date (the “Warranty Period”, Contractor shall replace defective media or materials and attempt to correct any material error or defect in the Products or Work Products. Such error correction and assistance will be provided as expeditiously as reasonably possible. This warranty does not apply to problems arising from (i) District's alteration, modification, or misuse of the Products or Work Products; (ii) The malfunction of District's equipment, operating system, or software not supplied by Contractor; or (iii) Attempts to use the Products or Work Products in a manner or purpose for which it was not intended. d. Contractor's liability in the event the Product or Work Product is defective shall be to provide a remedy as described above in Section 30.b. during the Warranty Period. e. The warranties and limitations set forth above shall not apply to the services provided by Contractor pursuant to Exhibit G (Maintenance). The Contractor shall also guarantee the foundations, slab, structural frame, roof deck, roof warranties and roof membrane and exterior walls of the Improvements against defective, workmanship and materials, latent or otherwise, limitations for a period of one (1) years from the Substantial Completion Date (the “Structural Warranty Period”). The landscaping warranty those services shall be one year for all trees and six months for all plant materials, including shrubs and groundcover. The Construction Documents shall require, among other provisions, that the Contractor obtain a warranty on the roof membrane of not less than 20 years and to assign such warranty to Owner. (b) By virtue of the foregoing guaranties, the Contractor shall repair or replace at its sole cost and expense any defective item occasioned by defective, workmanship or materials that Tenant or Owner discovers during the Warranty Period or the Structural Warranty Period, as the case may be. On the expiration of the Warranty Period or the Structural Warranty Period, as the case may be, and with the exception of any equipment or roof warranty, provided that such warranties have theretofore been assigned pursuant to Section 6(a), the Contractor shall assign and deliver to Owner originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made set forth in connection with the construction of the Improvements and any and all claims against vendors or others who provided materials or construction during the construction of the Improvements and must assign to Owner, free and clear of all liens and encumbrances, the Contractor’s interest in those guaranties, warranties and claims by means of a duly executed and acknowledged assignment in form and substance satisfactory to Owner. In addition, the Contractor shall warrant to Owner and Tenant that it will replace all landscape plantings at the Premises during the initial year of the term of the Lease, except for those which do not survive by reason of neglect or intentional misconduct. (c) Tenant acknowledges and agrees that its sole remedy for any defect in construction of the Improvements shall be an action for specific performance and/or damages against the Contractor. Tenant specifically waives any right which Tenant may otherwise have at law or in equity to make any claim against Owner for any latent or patent defect in construction of the Improvements, including but not limited to, any right to offset against or deduct from rent due to Owner under the Lease.Exhibit G.

Contractor Warranties. (a) Notwithstanding Contractor expressly warrants that Contractor and any terms or conditions approved subcontractors have all of the Leaserights, Tenant shall cause licenses, permits, qualifications, and consents necessary to Perform Contractor's obligations hereunder, License the Product to the District as provided under this Contract, and Assign the Product or Work Product under Section 17. Contractor to guarantee to Owner and Tenant expressly warrants that the Improvements Products and Work Product do not infringe or misappropriate the intellectual property rights of any third party. Contractor expressly warrants that, for one year following delivery of the Products ("Warranty Period"), the Products and Work Product will perform substantially in accordance with the description in Exhibit B (Statement of Work) when properly operated on the designated hardware and operating system. Contractor does not warrant that operation of the Products will be constructed without defective workmanship and materialserror-free. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THE CONTRACT, latent or otherwiseCONTRACTOR MAKES NO OTHER WARRANTIES, for a period of one (1) year from EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE During the Substantial Completion Date (the “Warranty Period”, Contractor shall replace defective media or materials and attempt to correct any material error or defect in the Products or Work Products. Such error correction and assistance will be provided as expeditiously as reasonably possible. This warranty does not apply to problems arising from District's alteration, modification, or misuse of the Products or Work Products; The malfunction of District's equipment, operating system, or software not supplied by Contractor; or Attempts to use the Products or Work Products in a manner or purpose for which it was not intended. Contractor's liability in the event the Product or Work Product is defective shall be to provide a remedy as described above in Section 30.b. during the Warranty Period. The warranties and limitations set forth above shall not apply to the services provided by Contractor pursuant to Exhibit G (Maintenance). The Contractor shall also guarantee the foundations, slab, structural frame, roof deck, roof warranties and roof membrane and exterior walls of the Improvements against defective, workmanship and materials, latent or otherwise, limitations for a period of one (1) years from the Substantial Completion Date (the “Structural Warranty Period”). The landscaping warranty those services shall be one year for all trees and six months for all plant materials, including shrubs and groundcover. The Construction Documents shall require, among other provisions, that the Contractor obtain a warranty on the roof membrane of not less than 20 years and to assign such warranty to Owner. (b) By virtue of the foregoing guaranties, the Contractor shall repair or replace at its sole cost and expense any defective item occasioned by defective, workmanship or materials that Tenant or Owner discovers during the Warranty Period or the Structural Warranty Period, as the case may be. On the expiration of the Warranty Period or the Structural Warranty Period, as the case may be, and with the exception of any equipment or roof warranty, provided that such warranties have theretofore been assigned pursuant to Section 6(a), the Contractor shall assign and deliver to Owner originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made set forth in connection with the construction of the Improvements and any and all claims against vendors or others who provided materials or construction during the construction of the Improvements and must assign to Owner, free and clear of all liens and encumbrances, the Contractor’s interest in those guaranties, warranties and claims by means of a duly executed and acknowledged assignment in form and substance satisfactory to Owner. In addition, the Contractor shall warrant to Owner and Tenant that it will replace all landscape plantings at the Premises during the initial year of the term of the Lease, except for those which do not survive by reason of neglect or intentional misconduct. (c) Tenant acknowledges and agrees that its sole remedy for any defect in construction of the Improvements shall be an action for specific performance and/or damages against the Contractor. Tenant specifically waives any right which Tenant may otherwise have at law or in equity to make any claim against Owner for any latent or patent defect in construction of the Improvements, including but not limited to, any right to offset against or deduct from rent due to Owner under the Lease.Exhibit G.

Contractor Warranties. The Contractor hereby warrants to the Authority as set forth in this Article 7. Any breach of any warranty set forth in this Article 7 shall be deemed to be a default for which the Authority may terminate this Agreement. The Contractor hereby represents and warrants to the Authority, in addition to any other representation or warranty stated herein or in any other document, as follows: (a) Notwithstanding The Contractor warrants that the final Work shall be in good operating condition; that it shall be free of any terms or conditions defects in workmanship and material at the time of installation; that it meets all of the Lease, Tenant requirements contained in this Agreement; and that it shall cause the Contractor to guarantee to Owner and Tenant that the Improvements will be constructed without defective workmanship and materials, latent or otherwise, remain in such condition for a period of one (1) year from following the Substantial Completion Date (execution of the “Warranty Period”)Final Acceptance Certificate. The Contractor will register all hardware and COTS Software with the applicable manufacturers and assign any manufacturer warranties directly to the Authority. The Contractor further warrants that all hardware, software, components, supplies or other physical items furnished by the Contractor shall also guarantee be new at the foundationstime of installation, slabunless otherwise agreed to by the Authority. Throughout the one (1) year warranty period, structural framethe Contractor shall provide or cause to be provided all preventative and remedial maintenance services necessary to keep the Work and all of its components in good operating condition and repair and in full compliance with the requirements and standards set forth in this Agreement. (b) The Contractor warrants that each non-commercial item of hardware, roof decksoftware and firmware delivered or developed under this Agreement shall be able to accurately process date/time data (including without limitation, roof calculating, comparing, and roof membrane sequencing), including leap year calculations and exterior walls daylight savings time changes, when used in accordance with the item documentation provided by the Contractor, provided that all listed or unlisted products (e.g., hardware, software, firmware) used in combination with such listed product properly exchange date/time data with it. If this Agreement requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available to the Authority for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this Agreement, provided that notwithstanding any provision to the contrary in such warranty provision(s), the remedies available to the Authority under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the vendor in writing within one year after acceptance. Nothing in this warranty shall be construed to limit any right or remedies the Authority may otherwise have under this contract with respect to defects other than date/time performance. (c) The Contractor represents and warrants that it has full right and authority to enter into this Agreement and that neither the Contractor nor any of its employees or agents is under any preexisting obligation or obligations inconsistent with the provisions of this Agreement or the performance of the Improvements against defectiveWork hereunder. The Contractor further warrants that it is the lawful owner of all of the software to be provided pursuant to this Agreement, workmanship and materialsother than any software developed by a third party which is not a subContractor. Furthermore, latent the Contractor warrants that it has no knowledge of any legal claim of any third party with respect to the software provided by the Contractor (other than software developed by any third party which is not a subContractor), including any claim of infringement of any patent, copyright, trademark, or otherwise, for misappropriation of any trade secret or other proprietary right of any third party as a period result of the performance of the services or any other acts contemplated by this Agreement. (d) The software provided by the Contractor shall be subject to a warranty of one (1) years year from the Substantial Completion Date (of Final Acceptance during which time the “Structural Warranty Period”). The landscaping warranty Authority’s remedy shall be one year the correction of any verified program errors timely reported to the Contractor upon detection thereof. A verified program error shall, for all trees and six months for all plant materialsthe purpose of this section, including shrubs and groundcoverbe defined as an error which can be recreated by the Contractor on its own CPU using the Authority’s data. The Construction Documents It shall require, among other provisions, be the Contractor’s duty to utilize its best efforts to timely correct any such program error. In the event that the Contractor obtain a warranty on is unable to correct such error which substantially impairs the roof membrane of not less than 20 years and to assign such warranty to Owner. (b) By virtue functionality of the foregoing guarantiessoftware, then the Contractor Authority shall repair or replace at its sole cost and expense any defective item occasioned by defective, workmanship or materials that Tenant or Owner discovers during be entitled the Warranty Period or the Structural Warranty Period, as the case may be. On the expiration full refund of the Warranty Period or the Structural Warranty Period, as the case may be, and with the exception of any equipment or roof warranty, provided that such warranties have theretofore been assigned pursuant to Section 6(a), the Contractor shall assign and deliver to Owner originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made in connection with the construction of the Improvements and any and all claims against vendors or others who provided materials or construction during the construction of the Improvements and must assign compensation paid to Owner, free and clear of all liens and encumbrances, the Contractor’s interest in those guaranties, warranties and claims by means of a duly executed and acknowledged assignment in form and substance satisfactory to Owner. In addition, the Contractor shall warrant pursuant to Owner and Tenant that it will replace all landscape plantings at the Premises during the initial year of the term of the Lease, except for those which do not survive by reason of neglect or intentional misconductthis Agreement. (c) Tenant acknowledges and agrees that its sole remedy for any defect in construction of the Improvements shall be an action for specific performance and/or damages against the Contractor. Tenant specifically waives any right which Tenant may otherwise have at law or in equity to make any claim against Owner for any latent or patent defect in construction of the Improvements, including but not limited to, any right to offset against or deduct from rent due to Owner under the Lease.

Contractor Warranties. (Contractor warrants and represents to AGG as follows: a) Notwithstanding Contractor shall perform all Waste Management Services required under this Agreement in compliance with Applicable Laws, in accordance with all AGG on-site policies provided to Contractor in writing or posted and visible to Contractor, and in a manner which will not increase risk of harm to AGG’s employees, AGG's premises, the public health or the environment. b) Contractor shall not commingle or combine any terms Waste Material of AGG with the wastes of any other party without AGG's prior written approval. Contractor shall not ship, transfer, or conditions trans-ship any Waste Material of AGG to any location other than a Designated Disposal Facility or Designated Recycling Facility. c) Contractor understands the hazards that are presented to persons, property, and the environment in providing the Waste Management Services under the Agreement, and Contractor has the requisiteexperience, facilities, equipment and qualified personnel, and the legal authority to perform all aspects ofthe Agreement. d) Contractor shall render the Waste Management Services in a manner consistent with the level of care and skill ordinarily exercised by members of the Leasewaste removal/transport/disposal industry. e) Contractor has obtained, Tenant and shall cause maintain in effect, all final, provisional, or interim permits, licenses, certificates or approvals required for performance of all Waste Management Services under the Agreement in compliance with Applicable Laws. Contractor shall give AGG prompt notice of the modification, revocation or cancellation of any permit, license, certificate or approval required for the performance of Waste Management Services under the Agreement; at a minimum, such notification will be given orally, and shall be confirmed in writing within five (5) days. f) Any transport or working vehicles used by Contractor to guarantee perform Waste Management Services hereunder shall be licensed and permitted as required by Applicable Laws. Any Designated Disposal Facility or Designated Recycling Facility which is owned or operated by Contractor has been issued all final, provisional, or interim permits, licenses, certificates or approvals required for acceptance, storage, treatment, recycling, reclaiming or disposal of the Waste Material in compliance with Applicable Laws. g) In addition to Owner and Tenant Contractor’s customary warranties, any express warranties set forth in this Agreement, any statutory warranties or any warranties implied by law, Contractor expressly warrants that all of the Improvements will be constructed without defective workmanship and materials, latent or otherwise, for a period of one Waste Management Services rendered under this Agreement: (1) year from All services, including the Substantial Completion Date (the “Warranty Period”). The Contractor shall also guarantee the foundationsWaste Management Services, slab, structural frame, roof deck, roof and roof membrane and exterior walls of the Improvements against defective, workmanship and materials, latent or otherwise, performed for a period of one (1) years from the Substantial Completion Date (the “Structural Warranty Period”). The landscaping warranty AGG shall be one year for all trees and six months for all plant materialsperformed in a competent, including shrubs and groundcover. The Construction Documents shall require, among other provisions, that the Contractor obtain a warranty on the roof membrane of not less than 20 years and to assign such warranty to Owner.workmanlike manner; (b2) By virtue and Contractor has complied ISO 14001 in fulfilling its responsibilities under this Agreement. These warranties shall survive inspection, test, delivery, acceptance, use and payment by AGG and shall inure to the benefit of the foregoing guarantiesits successors, the Contractor shall repair or replace at its sole cost and expense any defective item occasioned by defective, workmanship or materials that Tenant or Owner discovers during the Warranty Period or the Structural Warranty Period, as the case may be. On the expiration of the Warranty Period or the Structural Warranty Period, as the case may beassigns, and with the exception of any equipment customers. These warranties may not be limited or roof warranty, provided that such warranties have theretofore been assigned pursuant to Section 6(a), the Contractor shall assign and deliver to Owner originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made in connection with the construction of the Improvements and any and all claims against vendors or others who provided materials or construction during the construction of the Improvements and must assign to Owner, free and clear of all liens and encumbrances, the Contractor’s interest in those guaranties, warranties and claims by means of a duly executed and acknowledged assignment in form and substance satisfactory to Owner. In addition, the Contractor shall warrant to Owner and Tenant that it will replace all landscape plantings at the Premises during the initial year of the term of the Lease, except for those which do not survive by reason of neglect or intentional misconductdisclaimed. (c) Tenant acknowledges and agrees that its sole remedy for any defect in construction of the Improvements shall be an action for specific performance and/or damages against the Contractor. Tenant specifically waives any right which Tenant may otherwise have at law or in equity to make any claim against Owner for any latent or patent defect in construction of the Improvements, including but not limited to, any right to offset against or deduct from rent due to Owner under the Lease.