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 alterations, misuse, neglect or accident by Owner 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 operations and maintenance manuals delivered by Contractor to Owner; or (iii) normal wear, tear and corrosion.
Appears in 2 contracts
Samples: Fixed Price Turnkey Agreement (NextDecade Corp.), Fixed Price Turnkey Agreement (NextDecade Corp.)
Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for damage or Defect occurring after Substantial Completion defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner or any Third PartyOwner; (ii) operation, maintenance or use of Work or any component thereof in a manner not in compliance with a material requirement of operations operation and maintenance manuals delivered by Contractor to Owner; or (iii) normal wear, tear wear and corrosiontear.
Appears in 2 contracts
Samples: Lump Sum Turnkey Agreement (Mirant Corp), Lump Sum Turnkey Agreement (Mirant Corp)
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 alterationsnormal wear and tear of the Work, misuse, neglect or accident by Owner or any Third Party; (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 operations and maintenance manuals procedures delivered by Contractor to Owner; or (iii) normal wear, tear and corrosionOwner’s misuse of the Work.
Appears in 1 contract
Samples: Turnkey 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 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 or any Third Party; (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 operations and maintenance manuals procedures delivered by Contractor or Subcontractors to Owner; or (iii) normal wear, tear and corrosionOwner’s misuse of the Work.
Appears in 1 contract
Samples: Turnkey Agreement (Global Clean Energy Holdings, Inc.)