Exclusive Warranty. The Warranty contained in this ARTICLE 10 is exclusive and in lieu of all other warranties, whether written, oral, implied or statutory, but does not affect any separate express warranty provided by any equipment supplier to the Project or Seller under the BOT Agreement. NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE SHALL APPLY. O&M Contractor does not warrant under this Agreement any product, material or services of others which Owner has furnished.
Appears in 6 contracts
Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement, Operation and Maintenance Agreement
