CONTRACTOR'S WARRANTY AND GUARANTEE Sample Clauses

CONTRACTOR'S WARRANTY AND GUARANTEE. Contractor warrants that Work performed under this Contract will conform to the Contract requirements and will be free of any defect in materials or workmanship for a period of two (2) years. Contractor shall remedy any failure to conform, any defect, and/or any damage to the Project as a result of Contractor’s failure to conform with the Contract requirements at Contractor's own expense. If Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice (but not to exceed thirty (30) days), RCDSCC shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage and Contractor is responsible for all costs incurred by RCDSCC to remedy the same.
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CONTRACTOR'S WARRANTY AND GUARANTEE. CONTRACTOR warrants and ----------------------------------- guarantees (i) that all of CONTRACTOR'S, its subcontractors' and vendors' design and engineering work for the Facility, as well as the selection of materials for the Facility, will be properly performed; (ii) that the Facility and all workmanship and materials therein will be (and perform) as specified and described in the Contract Documents and in applicable plans, specifications, drawings, data sheets and other Contract Documents approved by COMPANY; (iii) that all said workmanship and materials will be of the best quality for the grades specified, free from objectionable defects, and suitable for the respective uses intended; (iv) that CONTRACTOR'S work and design possesses at the time of Final Acceptance the characteristics assured in the Contract; (v) that the work and design conform with the recognized rules of sound engineering practice and are free from defects which would nullify or diminish the value or usefulness of the Facility for normal purposes or for the purpose intended in the Contract; and (vi) that the work and design shall satisfy COMPANY requirements for clean room air quality, process equipment, vibration, particulate, air, water and other quality requirements of COMPANY. The foregoing warranties and guarantees exclude the Wafer Process Equipment and materials purchased directly by COMPANY. If any failures of the Facility or any Construction Phase or any system within the Facility to conform to the foregoing warranties and guarantees (excepting, however, any such failures resulting from ordinary wear and tear, ordinary corrosion, or improper operation after COMPANY takes over the Facility for operation if such improper operation is not attributable to some act or omission of CONTRACTOR, its subcontractors or vendors) are found by COMPANY within the applicable period of time specified hereinafter in this Section, beginning on the Warranty Commencement Date (defined in this Section) applicable to the Facility or to the Construction Phase or to such system, COMPANY shall promptly notify CONTRACTOR thereof in writing; and, in accordance with the provisions of Article 19 hereof, CONTRACTOR shall thereupon make all alterations, ---------- adjustments, repairs, replacements and other corrections and do all things needful to make the Facility or such Construction Phase or such system and all workmanship and materials therein conform to the warranties and guarantees herein specified i...
Sample 1
CONTRACTOR'S WARRANTY AND GUARANTEE. Contractor warrants that Work performed under this Contract will conform to the Contract requirements and will be free of any defect in materials or workmanship for a period of two (2) years. Contractor shall remedy any failure to conform, any defect, and/or any damage to the Project as a result of Contractor’s failure to conform with the Contract requirements at Contractor's own expense. If Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice (but not to exceed thirty (30) days), GSNC shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage and Contractor is responsible for all costs incurred by GSNC to remedy the same.
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Related to CONTRACTOR'S WARRANTY AND GUARANTEE

  • Contractor’s Warranties and Guaranties Landlord hereby assigns to Tenant all warranties and guaranties by Contractor relating to the Tenant Improvements, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements.

  • Contractor’s Warranties Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.

  • VENDOR'S WARRANTIES CONTRACTOR irrevocably appoints the LEA its agent and attorney-in-fact during the term of this Agreement, so long as the LEA shall not be in default hereunder for the purpose of asserting from time to time whatever claims and rights which CONTRACTOR may have against the Vendor, including warranty claims with respect to the Accepted Buses, but for no other purpose whatsoever. The LEA’s sole remedy for the breach of a warranty shall be against the Vendor and not against CONTRACTOR, nor shall such matters have any effect whatsoever of this Agreement, including the LEA’s obligation to make timely Installment Payments hereunder. The LEA expressly acknowledges that CONTRACTOR makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties from the Vendor.

  • Release of Liens and Guarantees (a) The Lenders, the Issuing Banks and the other Secured Parties hereby irrevocably agree that the Liens granted to the Collateral Agent by the Loan Parties on any Collateral shall be automatically released: (i) in full upon the occurrence of the Termination Date as set forth in Section 9.18(d) below; (ii) upon the Disposition of such Collateral by any Loan Party to a person that is not (and is not required to become) a Loan Party in a transaction not prohibited by this Agreement (and the Collateral Agent may rely conclusively on a certificate to that effect provided to it by any Loan Party upon its reasonable request without further inquiry), (iii) to the extent that such Collateral comprises property leased to a Loan Party, upon termination or expiration of such lease (and the Collateral Agent may rely conclusively on a certificate to that effect provided to it by any Loan Party upon its reasonable request without further inquiry), (iv) if the release of such Lien is approved, authorized or ratified in writing by the Required Lenders (or such other percentage of the Lenders whose consent may be required in accordance with Section 9.08), (v) to the extent that the property constituting such Collateral is owned by any Guarantor, upon the release of such Guarantor from its obligations under the Guarantee in accordance with the Holdings Guarantee and Pledge Agreement, the Subsidiary Guarantee Agreement or clause (b) below (and the Collateral Agent may rely conclusively on a certificate to that effect provided to it by any Loan Party upon its reasonable request without further inquiry), (vi) as provided in Section 8.11 (and the Collateral Agent may rely conclusively on a certificate to that effect provided to it by any Loan Party upon its reasonable request without further inquiry), and (vii) as required by the Collateral Agent to effect any Disposition of Collateral in connection with any exercise of remedies of the Collateral Agent pursuant to the Security Documents. Any such release (other than pursuant to clause (i) above) shall not in any manner discharge, affect, or impair the Obligations or any Liens (other than those being released) upon (or obligations (other than those being released) of the Loan Parties in respect of) all interests retained by the Loan Parties, including the proceeds of any Disposition, all of which shall continue to constitute part of the Collateral except to the extent otherwise released in accordance with the provisions of the Loan Documents.

  • Warranties and Guaranties 10 3.8 Insurance..................................................................................... 10 3.9

  • Buyer’s Warranties All representations and warranties by Buyer in this Agreement shall be true on and as of the closing date as though such representations and warranties were made on and as of that date.

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Seller’s Warranties (1) The Seller warrants that, except as disclosed in this contract at settlement:

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