Common use of Contractor’s Warranties and Guaranties Clause in Contracts

Contractor’s Warranties and Guaranties. The Contractor shall guaranty, on commercially reasonable terms, that the Improvements shall be free from defects in workmanship and materials for a period of not less than one (1) year from the date of the substantial completion of the Improvements. Accordingly, Landlord hereby assigns to Tenant all warranties and guaranties by Contractor relating to, or arising out of construction of, the Improvements; provided that, Landlord shall correct or cause the Contractor to correct any defects in workmanship or materials with respect to the Improvements, which defects are brought to Landlord’s attention in writing on or before the date that is eleven (I 1) months after the substantial completion of the Improvements; provided further that, despite the assignment of such warranties and guaranties to Tenant, Landlord shall nevertheless retain its rights under its contract with the Contractor to the extent necessary to enforce any warranty or guaranty thereunder in connection with Landlord’s performance of its obligations as set forth in the immediately preceding clause. Subject to Landlord’s obligation to correct defects as set forth above, and except to the extent such claims arise from the negligence or willful misconduct of Landlord or the Landlord Parties, Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Improvements.

Contractor’s Warranties and Guaranties. The Contractor Landlord shall execute a commercially reasonable construction contract (the “Contract”) with the contractor who constructs the Improvements (the “Contractor”) which shall guaranty, on commercially reasonable terms, that the Improvements (and any Non-Conforming Improvements which are covered under such Contract) shall be free from defects in workmanship and materials for a period of not less than one (1) year from the date of the substantial completion of the ImprovementsSubstantial Completion. Accordingly, Landlord hereby assigns to Tenant all warranties and guaranties by Contractor relating to, or arising out of construction of, set forth in the Contracts for the Improvements (including any Non-Conforming Improvements); provided that, Landlord shall correct or cause the Contractor to correct any defects in workmanship or materials with respect to the Improvements (other than the Non-Conforming Improvements), which defects are brought to Landlord’s attention in writing on or before the date that is eleven (I 1) months after the substantial completion first anniversary of the ImprovementsLease Commencement Date; provided further that, despite the assignment of such warranties and guaranties to Tenant, Landlord shall nevertheless retain its rights under its contract with the Contractor Contract to the extent necessary to enforce any warranty or guaranty thereunder in connection with Landlord’s performance of its obligations as set forth in the immediately preceding clause. Subject to Landlord’s obligation to correct defects as set forth above, and except to the extent such claims arise from the negligence or willful misconduct of Landlord or the Landlord Parties, Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Improvements (including, without limitation, the Non-Conforming Improvements).

Contractor’s Warranties and Guaranties. The Contractor shall guaranty, on commercially reasonable terms, that the Improvements shall be free from defects in workmanship and materials for a period of not less than one (1) year from the date of the substantial completion of the Improvements. Accordingly, Landlord hereby assigns to Tenant all warranties and guaranties by Contractor relating to, or arising out of construction of, the Improvements; provided that, Landlord shall correct or cause the Contractor to correct any defects in workmanship or materials with respect to the Improvements, which defects are brought to Landlord’s attention in writing on or before the date that is eleven (I 111) months after the substantial completion of the Improvements; provided further that, despite the assignment of such warranties and guaranties to Tenant, Landlord shall nevertheless retain its rights under its contract with the Contractor to the extent necessary to enforce any warranty or guaranty thereunder in connection with Landlord’s performance of its obligations as set forth in the immediately preceding clause. Subject to Landlord’s obligation to correct defects as set forth above, and except to the extent such claims arise from the negligence or willful misconduct of Landlord or the Landlord Parties, Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Improvements.

Contractor’s Warranties and Guaranties. The Landlord shall obtain from the Contractor shall guaranty, on commercially reasonable terms, that the Improvements shall be free from defects in workmanship and materials for a period of not less than one (1) year warranty (commencing on the Commencement Date) that the Tenant Improvements have been completed substantially in accordance with the Approved Working Drawings and are free from construction defects in materials and workmanship. If (i) it is determined that the date Tenant Improvements have not been completed substantially in accordance with this Work Letter and the Approved Working Drawings and/or contain any such construction defects, (ii) such failure and/or construction defects do not arise out of any act, omission or negligence of Tenant, its agents or employees, and (iii) Tenant notifies Landlord of such applicable failure and/or construction defects within one hundred eighty (180) days after the substantial completion Expansion Commencement Date, then Landlord shall, at no cost to Tenant, correct such construction defect. Following the expiration of the Improvements. Accordinglysaid 180-day period, Landlord hereby assigns shall assign to Tenant all warranties and guaranties by Contractor relating to, or arising out of construction of, the Improvements; provided that, Landlord shall correct or cause the Contractor to correct any defects in workmanship or materials with respect to the Tenant Improvements, which defects are brought and Tenant shall be deemed to Landlord’s attention in writing on or before the date that is eleven (I 1) months after the substantial completion of the Improvements; provided further that, despite the assignment of such warranties and guaranties to Tenant, Landlord shall nevertheless retain its rights under its contract with the Contractor to the extent necessary to enforce any warranty or guaranty thereunder in connection with Landlord’s performance of its obligations as set forth in the immediately preceding clause. Subject to Landlord’s obligation to correct defects as set forth above, and except to the extent such claims arise from the negligence or willful misconduct of Landlord or the Landlord Parties, Tenant hereby waives have waived all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements. Notwithstanding the foregoing and to the extent necessary, Landlord shall use commercially reasonable efforts following the expiration of said 180-day period, at no out-of-pocket cost to Landlord, to assist Tenant in enforcing such warranties and guaranties by Contractor relating to the Tenant Improvements.

Contractor’s Warranties and Guaranties. The Landlord shall obtain from the Contractor shall guaranty, on commercially reasonable terms, that the Improvements shall be free from defects in workmanship and materials for a period of not less than one (1) year warranty (commencing on the Commencement Date) that the Tenant Improvements have been completed substantially in accordance with the Approved Working Drawings and are free from construction defects in materials and workmanship. If (i) it is determined that the date Tenant Improvements have not been completed substantially in accordance with the Approved Working Drawings and/or contain any such construction defects, (ii) such failure and/or construction defects do not arise out of any act, omission or negligence of Tenant, its agents or employees, and (iii) Tenant notifies Landlord of such applicable failure and/or construction defects within one hundred eighty (180) days after the substantial completion Commencement Date, then Landlord shall, at no cost to Tenant, correct such construction defect. Following the expiration of the Improvements. Accordinglysaid 180-day period, Landlord hereby assigns shall assign to Tenant all warranties and guaranties by Contractor relating to, or arising out of construction of, the Improvements; provided that, Landlord shall correct or cause the Contractor to correct any defects in workmanship or materials with respect to the Tenant Improvements, which defects are brought and Tenant shall be deemed to Landlord’s attention in writing on or before the date that is eleven (I 1) months after the substantial completion of the Improvements; provided further that, despite the assignment of such warranties and guaranties to Tenant, Landlord shall nevertheless retain its rights under its contract with the Contractor to the extent necessary to enforce any warranty or guaranty thereunder in connection with Landlord’s performance of its obligations as set forth in the immediately preceding clause. Subject to Landlord’s obligation to correct defects as set forth above, and except to the extent such claims arise from the negligence or willful misconduct of Landlord or the Landlord Parties, Tenant hereby waives have waived all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements. Notwithstanding the foregoing and to the extent necessary, Landlord shall use commercially reasonable efforts following the expiration of said 180-day period, at no out-of-pocket cost to Landlord, to assist Tenant in enforcing such warranties and guaranties by Contractor relating to the Tenant Improvements.