Design Warranty. The Concessionaire warrants to the Authority that the Works, services, facilities, infrastructure will be designed, constructed, tested and commissioned as per Performance Standards and that it will otherwise perform its obligations under this Concession Agreement:‐
i) Using all due skill, care and diligence expected of a Concessionaire in executing a work of this nature and magnitude;
ii) In a proper workmanlike and careful manner with properly equipped facilities and non‐hazardous materials and in accordance with Good Industry Practices;
iii) So that the Works when completed shall be in accordance with Performance Standards and all relevant requirements of this Concession Agreement unless agreed otherwise in writing by the Authority;
iv) So that the Works when completed shall be capable of being used, operated and maintained in accordance with the requirements of the Project and Good Industry Practices;
v) So that the Works when completed shall comply with the provisions of any Applicable Laws in effect during the Concession Period; and
vi) There shall be no design defects in the structure and serviceability of the Project for the duration of the Concession Period.
Design Warranty. That the design services included as part of the Work furnished by Contractor or any Subcontractors hereunder shall be free from any defects in achieving the design requirements set forth in the Statement of Work (the “Design Warranty”).
Design Warranty. Subject to the Standard of Care, Contractor warrants that the Services will conform to the Contract Documents’ requirements, Applicable Laws and lawful orders of Governmental Authorities, and will be free from defects. Owner may consider Services not conforming to these requirements defective. If any of the Services are contrary to the Contract Documents’ requirements, Applicable Laws and lawful orders of Governmental Authorities, Contractor shall promptly correct and cause such Services to conform to the same and all corrective measures shall be at Contractor’s expense.
Design Warranty. Vendor warrants to Blue Coat that it will perform the Design Services so as to produce a Final Deliverable that conforms in all material respects to the Product Design Document, the Statement of Work and the Blue Coat Requirements Document.
Design Warranty. The Contractor warrants that it has used, and will continue to use, or has procured and shall continue to procure that there is used, the degree of skill and care in the design of the Works that would reasonably be expected of a competent professional designer acting in accordance with Good Industry Practice experienced in carrying out design activities of a similar nature, scope and complexity to those comprised in the Works.
Design Warranty. Without prejudice to Clauses 13.1 (Obligation to Carry Out), the Contractor warrants that it has used and will continue to use the degree of skill and care in the design of the Works that would reasonably be expected of a competent professional designer experienced in carrying out design activities of a similar nature, scope and complexity to those comprised in the Works. For the avoidance of doubt, the Contractor's warranty in this Clause 15.1 shall not be modified, diminished or otherwise affected by any element of the design being prepared or produced by a member of the Professional Team.
Design Warranty. That the design services included as part of the Work shall conform to the terms and conditions of the Contract Documents, including the Technical Specifications, Prudent Utility Practices, Applicable Codes, Applicable Laws and Applicable Permits, in each case in effect as of the Substantial Completion Date (the “Design Warranty”).
Design Warranty. The design and engineering of the Project shall be performed in accordance with the standards of care, skill and diligence as would be provided by an engineering firm experienced in supplying similar services nationally in the United States of America to entities owning projects of technology, complexity and size similar to that of the Project, and otherwise in compliance with the Required Design and the Specifications (the “Design Warranty”).
Design Warranty. 4.1 Without prejudice to clause 3 the Sub-Contractor warrants to the Beneficiary that all reasonable skill care and diligence have been and will be exercised in the following to the extent of the Sub- Contractor’s responsibility for the same:
(a) the design of the Sub-Contract Works;
(b) the selection of goods materials equipment or plant for the Sub-Contract Works;
(c) the satisfaction of any performance requirement or specification of or for the Sub-Contract Works
Design Warranty. The Company represents and warrants that it has the full corporate right, power and authority to enter into the Contract and to perform the Work, and that the performance of its obligations and duties hereunder does not and will not violate any Contract to which the Company is a party or by which it is otherwise bound. The Company represents and warrants that it will conduct the Work in a manner and with sufficient labor, materials and equipment necessary to affect a diligent pursuance of the Work. The Company represents and warrants that it has the responsibility and capacity to train and supervise its employees, Subcontractors and suppliers to ensure the Work complies with all safety requirements of the Contract Documents. The Company represents and warrants that its employees and Subcontractors shall exercise the degree of skill and care required by customarily accepted good practices and procedures. The Company warrants all Work for a period of one year following Acceptance of the Work. If any failure to meet the foregoing warranty appears within one year after Work is Accepted, the Company shall again perform the Work directly affected by such failure at the Company's sole expense. The Company warrants that all items provided under the Contract shall be free from Defect in accordance with the requirements of this Contract, and services shall be performed in a professional manner and with professional diligence and skill, consistent with the prevailing standards of the industry. The obligations and representations contained in this "Warranty" clause are DESIGN- BUILD FIRM’s sole warranty and guarantee obligations and OWNER’s exclusive remedy in respect of quality of the Work. EXCEPT AS PROVIDED IN THIS ARTICLE, DESIGN-BUILD FIRM MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO DESIGN-BUILD FIRM'S SERVICES AND DESIGN-BUILD FIRM DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This clause governs, modifies, and supersedes any other terms in this Contract which may be construed to address warranties or guarantees or the quality of the Work.
