Contractor’s Warranty.
3.5.1 In addition to the guarantee to repair referenced in Article 12 and any specific warranty mentioned in the Project specifications, Contractor warrants to City that all materials and equipment used in or incorporated into the Work will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents and Applicable Code Requirements. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Work and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions.
3.5.2 All materials to be incorporated in the Work shall be protected from damage during delivery, storage, and handling, and after installation until Acceptance of the Work, and Contractor shall, without charge to City, be responsible for all damage to the materials or the Work due to Contractor's failure to provide such proper protection.
Contractor’s Warranty. Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23- 214.A, Verification of Employment Eligibility. Contractor shall not employ aliens in accordance with A.R.S. § 34-301, Employment of Aliens on Public Works Prohibited. Contractor acknowledges that pursuant to A.R.S. § 41-4401,
Contractor’s Warranty. For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate.
Contractor’s Warranty. The Contractor acknowledges and agrees that the Confidential Information is confidential. The Contractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 12.2, it is not aware of any breach of clause 21 by the Contractor or any Recipient.
Contractor’s Warranty. Contractor shall bear the risk of loss or damage to any goods associated with the services until delivered to and accepted by City. Contractor further warrants that all work done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within the 12 months following acceptance, Contractor shall be solely responsible for the correction of those defects.
Contractor’s Warranty. OF ADHERENCE TO COUNTY’S CHILD SUPPORT COMPLIANCE PROGRAM:
8.13.1 The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through Purchase Order or Master Agreement are in compliance with their court- ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.
8.13.2 As required by the County’s Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor’s duty under this Master Agreement to comply with all applicable provisions of law, the Contractor warrants that it is now in compliance and shall during the term of this Master Agreement maintain in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).
Contractor’s Warranty. Subject to clause 22.2, the Contractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 11.2, it is not aware of any: Material Change; or Defence Strategic Interest Issue, in relation to the Contractor.
Contractor’s Warranty. (a) Contractor warrants and guarantees that the Work shall be performed with that degree of skill and judgment which is normally exercised by recognized professional consulting (including environmental consulting), engineering, procurement and construction management firms performing services of a similar nature taking into account the oversight responsibilities of the NRC and other affected agencies with respect to portions of the Work, and shall be free of faulty planning, consulting, engineering, design, procurement, construction management and quality assurance, field engineering and other services of Contractor, and that the Work shall be performed and shall conform to generally accepted consulting, engineering and construction management standards and practices.
(b) Contractor's liability for breach of the warranty and guarantee given in this paragraph or the negligent performance of the Work to be performed hereunder by Contractor, its subcontractors or their employees shall be as follows:
(i) Contractor, upon receipt of notice from Owner, shall promptly remedy the defect or damage identified by Owner through reperformance of the work and/or repair or replacement of the facility so identified;
(ii) If Contractor is unable to so remedy the defect or damage to the satisfaction of Owner promptly, or if Contractor elects not to perform such remedy, Owner shall have the right to reperform the work and/or repair or replace the facility; and
(iii) The cost of any work necessary to remedy the defect or damage resulting from Contractor's breach of the warranty and guarantee given in this section or the misconduct, error or omission or negligent performance of the Work shall be to Contractor's account, and Contractor shall not be EXHIBIT 10.52 entitled to any fee, overhead expense, general or administrative expense in connection with such remedy. For purposes of calculating KUC's contributions to the Green Mountain Mixxxx Venture as provided in Section 3 of the GMMV Amendment, each dollar contributed by KUC will count against KUC's obligation pursxxxt to Subsection 3(a) and each such dollar will be treated as a two dollar contribution for purposes of Subsection 3(b) of the amendment; or
(iv) Owner may exercise any of its other rights and remedies as provided in this Agreement.
Contractor’s Warranty. CONTRACTOR warrants that, beginning upon the date of 15 First Productive Use and extending during such period as COUNTY is on Support, the Licensed 16 Software will perform in all material respects the functions described in the applicable Product 17 Descriptions or Documentation when operated in accordance with the Documentation and in the 18 environment for which CONTRACTOR designed the Licensed Software to operate.
19 a. In the event of a breach of this warranty, CONTRACTOR will repair or replace the 20 failing item of Licensed Software so that it does perform in accordance with such warranty.
21 b. If, however, after repeated efforts (not to exceed three months from the date 22 CONTRACTOR receives written notice from COUNTY concerning the warranty breach), 23 CONTRACTOR is unable to repair or replace the failing item of Licensed Software so that it performs 24 in accordance with such warranty and the failing item of Licensed Software is material to the operation 25 of the entire System, COUNTY may, at CONTRACTOR's expense, return the failing item of Licensed 26 Software and receive a refund of all license fees paid for the item of Licensed Software (calculated on a 27 five year straight line depreciated basis) as well as the System Support fees paid for the item of Licensed 28 Software since the failure was first reported to CONTRACTOR. COUNTY's rights under this 29 Paragraph constitute its sole and exclusive remedy and CONTRACTOR's sole and exclusive obligations 30 with respect to any breach of this warranty.
Contractor’s Warranty. Contractor, unless otherwise provided for herein, will provide and pay for all labor, materials and supplies necessary for the Work; warrants that the Work will be performed in a professional, workmanlike and timely manner; and is solely responsible for the Work, including the techniques, sequences, procedures, means and coordination of the Work. Contractor warrants that all Equipment is new, of good quality and free of defects, as determined by industry standards. Contractor will, supervise and coordinate the Work using Contractor’s best skill and attention; provide and oversee all safety orders and precautions necessary for the reasonable safety of the Work; keep the area of the Work clean and free of rubbish on a daily basis; and upon completion of the Work, leave the area of the Work in a clean and orderly condition.
