Contractor’s Warranties and Guarantees. Landlord hereby assigns to Tenant all warranties and guarantees by Contractor relating to the Tenant Improvements, which assignment shall be on a non-exclusive basis such that the warranties and guarantees may be enforced by Landlord and/or Tenant, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements.
Contractor’s Warranties and Guarantees. The Contractor and each subcontractor employed for the construction of the Tenant Improvements shall guarantee to Landlord and for the benefit of Tenant that the portion of the Tenant Improvements for which it is responsible shall be free from any defects in workmanship and materials for a period of not less than one (1) year from the date of completion thereof. Contractor and each subcontractor shall be responsible for the replacement or repair, without additional charge, of all work done or furnished in accordance with its contract that shall become defective within one (1) year after the later to occur of (i) completion of the work performed by such contractor or subcontractors and (ii) the Lease Commencement Date. The correction of such work shall include, without additional charge, all additional expenses and damages incurred in connection with such removal or replacement of all or any part of the Tenant Improvements, and/or the Building and/or common areas that may be damaged or disturbed thereby. All such warranties or guarantees as to materials or workmanship of or with respect to the Tenant Improvements shall be contained in the Contract or subcontract and shall be written such that such guarantees or warranties shall inure to the benefit of both Landlord and Tenant, as their respective interests may appear, and can be directly enforced by either. Landlord covenants to give to Tenant any assignment or other assurances that may be necessary to effect such right of direct enforcement.
Contractor’s Warranties and Guarantees. 9.1. Act honestly and in good faith in the performance of the functions and duties covered under this Agreement.
9.2. Exercise due care and diligence in the performance of the Building Manager Services.
9.3. Work under reasonable instructions from the Owners Corporation Manager and/or the Customer.
9.4. Have all personnel and/or other such sub-contractors sign in and out of the logbook while onsite. Falsifying hours such as start time and finish time will be deemed to be a fundamental breach by the Contractor and this Agreement may be terminated by the Customer in accordance with clause 13.
9.5. Ensure all personnel are in the full uniform as required by the Contractor and are always well presented.
9.6. All staff must ensure they work at full capacity unless taking breaks as per entitlements.
9.7. Advise the Customer’s Owners Corporation Manager of any unplanned absence by the Contractor.
9.8. To immediately report, via the Owners Corporation Manager (or any other means necessary), to the Customer any emergency, accident or other circumstances likely to impact the Building Manager Services, health and safety of personnel and residents of the Premises.
Contractor’s Warranties and Guarantees. 19.1 In addition to the warranties and guarantees elsewhere in this Contract, Contractor shall promptly correct all failures or defects in the Project for one (1) year after Substantial Completion.
19.1.1 County’s Representative and Contractor shall jointly schedule and participate in a walk-through inspection of the Project one (1) month prior to the expiration of the one (1) year warranty period, and shall notify Architect and any required subcontractors and suppliers of the date of, and request their participation in, the walk-through inspection. The walk-through inspection will be to determine if there are any defects or failures which require correction.
19.1.2 Should Contractor fail to promptly correct any failure or defect, County may take whatever actions it deems necessary to remedy such, and Contractor shall promptly reimburse County for any expenses or damages it incurs as a result of Contractor's failure to correct the failure or defect.
19.2 In addition to the warranties and guarantees elsewhere herein, Contractor expressly warrants and guarantees to County:
19.2.1 The work complies with the Contract and all applicable laws, codes, rules and regulations.
19.2.2 That all goods, materials, equipment and systems in the Project conform to the Contract;
19.2.3 That all management, supervision, labor and services required shall comply with this Contract.
19.3 Contractor shall require that all of its subcontractors and suppliers provide written warranties and guarantees to County and Contractor per the Contract.
19.4 The warranties and guarantees are in addition to all other warranties, express or implied, and shall survive County’s payment, acceptance, inspection of or failure to inspect the Project.
19.5 Nothing in Article 19.1 shall establish a period of limitation with respect to Contractor’s obligations under this Contract. Paragraph 19.1 has no relationship to the time within which Contractor’s contractual obligations under this Contract may be enforced, or to the time within which proceedings may be commenced to establish Contractor's liability.
19.6 All warranty and guarantee obligations shall begin on the actual date of Substantial Completion.
Contractor’s Warranties and Guarantees. Landlord hereby assigns to Tenant all warranties and guarantees by Contractor relating to the Tenant Improvements, which assignment shall be on a non-exclusive basis such that the warranties and guarantees may be enforced by Landlord and/or Tenant, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements, except to the extent such claims arise out of the gross negligence or willful misconduct of Landlord. Landlord agrees to assist Tenant, at no cost to Landlord, in enforcing such warranties and guaranties.
Contractor’s Warranties and Guarantees. Landlord hereby assigns to Tenant all warranties and guarantees by Contractor relating to the Tenant Improvements, which assignment shall be on a non-exclusive basis such that the warranties and guarantees may be enforced by Landlord and/or Tenant, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements. PROJECT: XXXXXXXX 0/0/0000 Xxxxx 000, 000, 320, & 322 0000 Xxxxxx Xxxxx Court 3rd Floor La Jolla, CA 92037 Xxx Xxxxxxx Plan Date: Architect: N/A N/A CONTACT: Xxxxxx Xxxxx PHONE: 000.000.0000 EMAIL: xxxxxx@xxxxxxxxxxxxxxxx.xxx DIV. 1 GENERAL CONDITIONS: 01001 Superintendent 1 $ 6,800.00 ls $ 6,800.00 01005 Project Manager 1 $ 1,700.00 ls $ 1,700.00 01007 Project Engineer 1 $ 425.00 ls $ 425.00 01030 Job site labor & continuous clean up 120 $ 32.00 hr $ 3,840.00 01600 Misc. job materials 1 $ 450.00 ls $ 450.00 01860 Clean up - Final 7706 $ 0.28 sf $ 2,157.68 DIV. 2 SITE WORK: 02050 Demolition: (Removal and Disposal cost) Remove existing doors and dispose of at 301, 322, & 320 18 $ 35.00 ea $ 630.00 Carpet & base at suites 301, 322, and 320 4277 $ 0.35 sf $ 1,496.95 Millwork - suite 301 open area 100 $ 9.50 lf $ 950.00 Walls to create cased openings 180 $ 1.20 sf $ 216.00 Barricades/Protection / walk-off mats/air scrubbers 1 $ 350.00 ls $ 350.00 Dump fees 1 $ 950.00 ea $ 950.00 DIV. 8 DOORS/WINDOWS: 08200 Doors/Frames/Hardware: 3070 stain grade assembly w/ single light. Match existing hardware 18 $ 1,025.00 ea $ 18,450.00 09250 Drywall/Framing: Infill (1) window, frame (5) cased openings, Misc. patching 1 $ 1,920.00 ls $ 1,920.00 09500 T-Bar/Acoustic: Misc.tile replacement 1 $ 550.00 ls $ 550.00 09680 Floor Covering: Carpet- Xxxx Meld 5A165 Stipple 64505 in 301, 322 and 320 523 $ 20.00 sy $ 10,454.89 Base- Johnsonite 4” 1141 $ 1.28 lf $ 1,460.48 Floor Prep allowance 5 $ 70.00 hr $ 350.00 09900 Paint: Walls 18183 $ 0.55 sf $ 10,000.65 DIV. 15 MECHANICAL: 15400 Plumbing: NIC 15800 Heating/Air Conditioning: NIC DIV. 16 ELECTRICAL: 16050 Misc. electrical circuitry allowance 1 $ 1,800.00 ea $ 1,800.00 01015 Contingency 2.00% $ 1,299.03 $ 1,299.03 SUBTOTAL $ 66,250.68 01025 Profit & Overhead $ 5,300.05 01140 Insurance $ 662.51 Sq. Ft. 7706 Cost per Sq. Ft. $ 9.37 [1] Add - alt. to supply and install new carpet in suite 310 figured $20sy $ 10,616.58 [2] Add - alt. to infill (2) doors at corridor including carpet patch and paint $ 1,713.79 [3] Add - alt. to provide and install new suite entrance...
Contractor’s Warranties and Guarantees. Section 9.01. As a material inducement to NYSERDA to enter into this Agreement, Seller makes the following warranties and guarantees, as of the Effective Date, all of which shall survive the execution and delivery of this Agreement:
(a) (1) that Contractor is a [corporation/limited liability company/partnership] duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization; (2) has or will have all requisite corporate power, and has or will have all material governmental permits necessary to own its assets or lease and operate its properties and carry on its business as now being or as proposed to be conducted, to construct, finance, own, maintain and operate the Participating Facility, to execute and deliver this Agreement, and to consummate the transactions contemplated herein; and (3) is qualified to do business and is in good standing in all jurisdictions in which the nature of the business conducted by it makes such qualification necessary;
(b) that the execution, delivery and performance by Contractor, the entry into this Agreement by Contractor, and the consummation of the transactions contemplated by this Agreement: (1) have been duly authorized by all requisite corporate action (including any required action of its members); and (2) will not (i) violate any applicable provision of law, statute, rule, regulation or order of any governmental agency or any provision of the limited liability company agreement or other governing documents of Contractor; (ii) violate, conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default or an event of default under any indenture, agreement (including the respective limited liability company agreements of Contractor), mortgage, deed of trust, note, lease, contract or other instrument to which Contractor is a party or by which it or any of its property is bound; or (iii) result in the creation or imposition of any lien upon any property or assets of the Contractor;
(c) that Contractor will comply with all general and special Federal, State, municipal and local laws, ordinances and regulations, if any, that may in any way affect the performance of this Agreement;
(d) that this Agreement will be duly executed and delivered by Contractor and will constitute the legal, valid and binding obligation of Contractor enforceable against in accordance with the terms thereof;
(e) as of the Effective Date, that there are no existing ...
Contractor’s Warranties and Guarantees. Landlord shall cause the Contractor performing the Tenant Improvements to warrant that the Tenant Improvements will be free from any defects for a period of one year following completion. Landlord hereby assigns to Tenant all warranties and guarantees by Contractor relating to the Tenant Improvements, which assignment shall be on a non‑exclusive basis such that the warranties and guarantees may be enforced by Landlord and/or Tenant, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements.
Contractor’s Warranties and Guarantees. Landlord hereby assigns to Tenant all warranties and guarantees by the Original Premises Contractor relating to the Original Premises Tenant Improvements, which assignment shall be on a non-exclusive basis such that the warranties and guarantees may be enforced by Landlord and/or Tenant, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Original Premises Tenant Improvements; provided, however, that Landlord shall, at no cost to Landlord, use good faith efforts to cooperate with Tenant and assist in any enforcement action regarding such warranties and guaranties.
Contractor’s Warranties and Guarantees. Landlord hereby assigns to Tenant all warranties and guarantees by Must-Take Space Contractor relating to the Must-Take Space Tenant Improvements, which assignment shall be on a non-exclusive basis such that the warranties and guarantees may be enforced by Landlord and/or Tenant, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Must-Take Space Tenant Improvements; provided, however, that Landlord shall, at no cost to Landlord, use good faith efforts to cooperate with Tenant and assist in any enforcement action regarding such warranties and guaranties.
