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 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 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; or (iii) normal wear and tear.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Mirant Corp), Engineering, Procurement and Construction Agreement (Mirant Corp)

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Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for damage or defect occurring after Substantial Completion to the extent caused by: (i) improper repairs or alterationsnormal wear and tear of the Work, misuse, neglect or accident by Owner; (ii) operation, Owner’s failure to maintain the Work in accordance with the written preventative maintenance or use of Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals procedures delivered by Contractor or Subcontractors to Owner; or (iii) normal wear and tearOwner’s misuse of the Work.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Global Clean Energy Holdings, Inc.)

Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for damage or defect occurring after Substantial Completion to the extent caused by: (i) improper repairs or alterationsnormal wear and tear of the Work, misuse, neglect or accident by Owner; (ii) operation, Owner’s failure to maintain the Work in accordance with the written maintenance or use of Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals procedures delivered by Contractor to Owner; or (iii) normal wear and tearOwner’s misuse of the Work.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Global Clean Energy Holdings, Inc.)

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Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for damage or defect Defect occurring after Substantial Completion to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by OwnerOwner or any Third Party; (ii) operation, maintenance or use of Work or any component thereof in a manner not in compliance with a material requirement of operation operations and maintenance manuals delivered by Contractor to Owner; or (iii) normal wear wear, tear and tearcorrosion.

Appears in 1 contract

Samples: Epc Agreement (NextDecade Corp.)

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