Developer’s Warranty. AFFIRMATIONS, AND ASSURANCES
4.01 PERFORMANCE WARRANTY
(a) Developer warrants that it will perform, or cause to be performed, all applicable Tasks under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.
(b) Developer warrants that all applicable Payment Benchmarks and associated Tasks shall comply with the applicable building codes, as stated in Attachment A, and be fit for ordinary use, of good quality, and with no material defects.
(c) If Developer fails to timely complete or cause the timely completion of Payment Benchmarks or fails to perform satisfactorily under this Contract, the GLO shall require Developer, at its sole expense, to take the necessary steps complete the Task, meet the Payment Benchmark, or perform satisfactorily.
Developer’s Warranty a. Developer warrants all lines and appurtenances constructed by Developer pursuant to this Agreement to be free from defects in material or workmanship for a period of one (1) year from the date of acceptance by RLCWA (“Warranty Period”). Any repairs required to address failures caused by defects in material or workmanship during the Warranty Period shall be performed by Developer at Developer’s cost as soon as reasonably practical; provided, however, that RLCWA reserves the right to make such repairs on an expedited basis, for which Developer shall reimburse RLCWA for all labor and material cost incurred to make such repairs.
b. Developer shall defend, indemnify and hold RLCWA, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of Developer in performance of this Agreement, except for injuries and damages caused by the sole negligence of RLCWA.
Developer’s Warranty. The Developer unconditionally warrants and guarantees that the Sewer Improvements, and every part thereof, shall comply with the District Requirements, will not fail in any respect as a result of poor workmanship or materials, shall not be defective in any respect, and shall not deteriorate during the warranty periods described herein.
Developer’s Warranty. A. The Developer shall warrant the design, construction materials and workmanship of the improvements against any failure or defect in design, construction, material or workmanship which is discovered for one (1) year, except for sewer systems which shall be warranted until such time as the number of active users on the system reaches twenty percent (20%) of the approved user design capacity, but not less than one (1) year or longer than three (3) years. This warranty shall cover all direct or indirect costs of repair or replacement, and damage to the property, improvements or facilities of the City or any other person, caused by such failure or defect or in the course of repairs thereof, and any increase in cost to the City of operating and maintaining a City improvement resulting from such failures, defects or damages. The warranty period for the project shall begin upon the satisfaction and final acceptance of all improvements.
B. The Developer’s warranty shall not extend to any failure or defect caused solely by changes in design, construction or materials required by the City.
C. Except as provided in Subsection B of this section, the fact that the City takes any action, or omits to take any action authorized in this Agreement including, but not limited to, operation or routine maintenance of the improvements prior to acceptance or surveillance, inspections, review or approval of plans, tests or reports shall in no way limit the scope of the Developer’s warranty.
Developer’s Warranty. 5.1 Developer warrants and guarantees to the District that, without exception, the Project will be free from any defects, including, but not limited to, defects in materials and workmanship, for a period of two years from the date of Initial Acceptance by the District or until the date the Project is finally accepted by the District, whichever period is longer (the “Warranty Period”). No exceptions shall be permitted to this warranty provision.
5.2 Developer additionally agrees that during the Warranty Period subsequent to the date of Initial Acceptance of the Project by District, Developer will promptly perform all work and supply all materials or cause its Contractor to perform all work and supply all materials necessary to remove, replace, maintain or repair the Project constructed hereunder when said work is required by the District for any reason, notwithstanding that said work does not arise out of any negligent or willful acts or omissions of Developer or Developer’s Contractor. In the event any of the maintenance and/or repair obligations required under this subparagraph (5.2) are not performed within twenty days following written notice to Developer, the District may cause said maintenance and/or repairs to be performed and charge the costs thereof to Developer. Xxxxxxxxx agrees to pay all District invoices for maintenance and repairs, including emergency repairs, within thirty days after receipt of the District invoices.
5.3 Developer further agrees that during the Warranty Period, in emergency situations, the District shall have the right to perform whatever maintenance or repairs the District determines are necessary to protect the public health and safety, the environment, or public or private property, without giving advanced written notice to Developer. Developer agrees to pay all costs incurred by the District in performing such emergency repairs and maintenance within thirty days after receipt of the District invoices, together with all costs of collection. The term “emergency” shall mean any situation where, in the District’s sole determination, the public health, public safety, environment, or public or private property would be jeopardized or endangered by waiting for Developer or Developer’s Contractor to initiate and perform the needed maintenance and/or repairs.
Developer’s Warranty. A. The Developer shall warrant the design, construction materials and workmanship of the improvements against any failure or defect in design, construction, material or workmanship which is discovered for one (1) year from the data of final acceptance. This warranty shall cover all direct or indirect costs of repair or replacement, and damage to the property, improvements or facilities of the City or any other person, caused by such failure or defect or in the course of repairs thereof, and any increase in cost to the City of operating and maintaining a City improvement resulting from such failures, defects or damages. The warranty period for the project shall begin upon the satisfaction and final acceptance of all improvements.
B. The Developer’s warranty shall not extend to any failure or effect caused solely by changes in design, construction or materials required by the City.
C. Except as provided in Subsection B of this section, the fact that the City takes any action, or omits to take any action authorized in this Agreement including, but not limited to, operation or routine maintenance of the improvements prior to acceptance or surveillance, inspections, review or approval of plans, tests or reports shall in no way limit the scope of the Developer’s warranty.
Developer’s Warranty. The Developer warrants that it is the sole owner and creator of the Video and has full power and authority to make this Agreement; that the Video does not infringe any copyright, violate any property rights, or contain any scandalous, libelous, or unlawful matter. The Developer will defend, indemnify, and hold harmless DMS and/or its licensees against all claims, suits, costs, damages, and expenses that DMS and/or its licensees may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Video or any infringement or violation by the Video of any copyright, patent or other intellectual property right; and until such claim or suit has been settled or withdrawn, DMS may withhold any sums due the Developer under this Agreement.
Developer’s Warranty. 3.4 Development............................................................................................1.1
Developer’s Warranty. The Developer hereby warrants that in the event any of the improvements installed by the Developer pursuant to the above-referenced plans, conditions and specifications contained in the City's file, fail to remain free from defects in materials, workmanship or installation, or in the case of landscaping, that the landscaping fails to survive, for a period of two (2)-years from the date of acceptance of the installation of the improvements by the City, then the Developer shall either remedy the default, or forfeit the funds set aside in the escrow account for this purpose.
Developer’s Warranty. A. The Developer shall warrant the design, construction, materials and workmanship of the improvements against any freezing, failure and/or defect in design, construction, material or workmanship which is discovered prior to the expiration of the two years warranty period from the date the Utility notifies the Developer of the acceptance of the improvements.
B. This warranty shall cover all direct and indirect costs of repair or replacement; damage to the property or other improvements to facilities owned by AWWU or any other person caused by freezing and/or other failure or defect; and any increase in cost to AWWU for operating and maintaining the improvements resulting from freezing and/or such other failures, defects or damage.
C. Prior to acceptance under warranty of this project, the Developer shall provide the Anchorage Water and Wastewater Utility with a cash deposit as required by Anchorage Municipal Code, Chapter 24.20.040.D to cover the Utility's costs incurred during the warranty period. This cash deposit is in addition to the warranty guarantee required by Paragraph 3.04 below. The amount of this deposit shall be as indicated below and shall be based on the Developer's certified cost statement for this project. $10,000.00 or less $500.00 $10,000.01 to $50,000.00 $1,000.00 $50,000.01 to $150,000.00 $1,500.00 Over $150,000.00 $2,000.00
D. Any action or omission to take on the part of AWWU authorized by this Agreement including but not limited to operation or routine maintenance of the improvements prior to acceptance, or surveillance, inspections, review or approval of plans, tests or reports, shall in no way limit the scope of the Developer's warranty.
