Common use of Exceptions to Warranty Clause in Contracts

Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for any damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner; (ii) operation, maintenance or use of the Project, Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; (iii) normal wear and tear; (iv) normal corrosion or (v) an event of Force Majeure (but only, with respect to obligations under this Article 12, to the extent such event of Force Majeure occurs after Substantial Completion of the Subproject).

Appears in 9 contracts

Samples: Lump Sum Turnkey Agreement, Lump Sum Turnkey Agreement (Sabine Pass Liquefaction, LLC), Lump Sum Turnkey Agreement (Sabine Pass Liquefaction, LLC)

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Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for any damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner; (ii) operation, maintenance or use of the Project, Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; (iii) normal wear and tear; (iv) normal corrosion or (v) an event of Force Majeure (but only, with respect to obligations under this Article 12, to the extent such event of Force Majeure occurs after Substantial Completion of the SubprojectCompletion).

Appears in 4 contracts

Samples: Fixed Price Separated Turnkey Agreement (Cheniere Corpus Christi Holdings, LLC), Fixed Price Separated Turnkey Agreement (Corpus Christi Pipeline GP, LLC), Fixed Price Separated Turnkey Agreement (Cheniere Energy Inc)

Exceptions to Warranty. The Warranty excludes remedy, remedy (and Contractor shall have no liability to Owner, ) for any damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner; (ii) operation, maintenance or use of the Project, Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; (iii) normal wear and tear; (iv) normal corrosion or (v) an event of Force Majeure (but only, with respect to obligations under this Article 12, to the extent such event of Force Majeure occurs after Substantial Completion of the SubprojectSubproject 5).

Appears in 2 contracts

Samples: Lump Sum Turnkey Agreement (Cheniere Energy Partners, L.P.), Lump Sum Turnkey Agreement (Cheniere Energy Partners, L.P.)

Exceptions to Warranty. The Warranty excludes remedy, remedy (and Contractor shall have no liability to Owner, ) for any damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner; (ii) operation, maintenance or use of the Project, Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; (iii) normal wear and tear; (iv) normal corrosion or (v) an event of Force Majeure (but only, with respect to obligations under this Article 12, to the extent such event of Force Majeure occurs after Substantial Completion of the Subproject).

Appears in 1 contract

Samples: Lump Sum Turnkey Agreement (Sabine Pass Liquefaction, LLC)

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Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for any damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner; (ii) operation, maintenance or use of the ProjectFacility, Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; (iii) normal wear and tear; (iv) normal corrosion or (v) an event of Force Majeure (but only, with respect to obligations under this Article 12, to the extent such event of Force Majeure occurs after Substantial Completion of the SubprojectCompletion).

Appears in 1 contract

Samples: Lump Sum Turnkey Agreement (Cheniere Energy Inc)

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