Common use of Design and Construction Warranties Clause in Contracts

Design and Construction Warranties. 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work which shall extend not only to Developer but also to IFA, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptance. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21. 5.11.2 To the extent that any Contractor warranty or guaranty is voided after termination of this Agreement by reason of Developer's negligence or failure to comply with the requirements of the PPA Documents in incorporating material or equipment into the Work, Developer shall be responsible for correcting any defects in the Work performed by such Contractor which would otherwise have been covered by such warranty. 5.11.3 Contractor warranties are in addition to all rights and remedies available under the PPA Documents or applicable Law, and shall not limit Developer’s liability or responsibility imposed by the PPA Documents or applicable Law with respect to the Work, including liability for design defects, construction defects, strict liability, breach, negligence, willful misconduct or fraud.

Design and Construction Warranties. 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work design, materials, workmanship, equipment, tools and supplies furnished by such Contractors, which shall extend not only to Developer but also to IFA, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptance. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this the Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21. 5.11.2 To the extent that any Contractor warranty or guaranty is voided after termination of this the Agreement by reason of Developer's negligence or failure to comply with the requirements of the PPA Documents in incorporating material or equipment into the Work, Developer shall be responsible for correcting any defects in the Work performed by such Contractor which would otherwise have been covered by such warranty. 5.11.3 Contractor warranties are in addition to all rights and remedies available under the PPA Documents or applicable Law, and shall not limit Developer’s liability or responsibility imposed by the PPA Documents or applicable Law with respect to the Work, including liability for design defects, construction defects, strict liability, breach, negligence, willful misconduct or fraud.

Design and Construction Warranties. 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work which Work(including landscaping outside of the O&M Limits)which shall extend not only to Developer but also to IFA, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptanceyear. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21. 5.11.2 To the extent that any Contractor warranty or guaranty is voided after termination of this Agreement by reason of Developer's negligence or failure to comply with the requirements of the PPA Documents in incorporating material or equipment into the Work, Developer shall be responsible for correcting any defects in the Work performed by such Contractor which would otherwise have been covered by such warranty. 5.11.3 Contractor warranties are in addition to all rights and remedies available under the PPA Documents or applicable Law, and shall not limit Developer’s liability or responsibility imposed by the PPA Documents or applicable Law with respect to the Work, including liability for design defects, construction defects, strict liability, breach, negligence, willful misconduct or fraud.

Design and Construction Warranties. ‌ 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work design, materials, workmanship, equipment, tools and supplies furnished by such Contractors, which shall extend not only to Developer but also to IFA, KYTC, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptanceyear. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21. 5.11.2 To the extent that any Contractor warranty or guaranty is voided after termination of this Agreement by reason of Developer's negligence or failure to comply with the requirements of the PPA Documents in incorporating material or equipment into the Work, Developer shall be responsible for correcting any defects in the Work performed by such Contractor which would otherwise have been covered by such warranty. 5.11.3 Contractor warranties are in addition to all rights and remedies available under the PPA Documents or applicable Law, and shall not limit Developer’s liability or responsibility imposed by the PPA Documents or applicable Law with respect to the Work, including liability for design defects, construction defects, strict liability, breach, negligence, willful misconduct or fraud.

Design and Construction Warranties. 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work design, materials, workmanship, equipment, tools and supplies furnished by such Contractors, which shall extend not only to Developer but also to IFA, KYTC, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptance1 year. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21. 5.11.2 To the extent that any Contractor warranty or guaranty is voided after termination of this Agreement by reason of Developer's negligence or failure to comply with the requirements of the PPA Documents in incorporating material or equipment into the Work, Developer shall be responsible for correcting any defects in the Work performed by such Contractor which would otherwise have been covered by such warranty. 5.11.3 Contractor warranties are in addition to all rights and remedies available under the PPA Documents or applicable Law, and shall not limit Developer’s liability or responsibility imposed by the PPA Documents or applicable Law with respect to the Work, including liability for design defects, construction defects, strict liability, breach, negligence, willful misconduct or fraud.