Project Warranty. Seller shall obtain from the EPC Contractor the “Project Warranty.” The Project Warranty shall apply to the portion of the Work performed by the EPC Contractor.54 Prior to the execution of any EPC Contract with an EPC Contractor, Seller shall deliver to Buyer the proposed Project Warranty for Buyer’s review and comment. Buyer shall have fifteen (15) Business Days from receipt to review and provide comments to the terms of such Project Warranty. If Buyer fails to provide comments to such terms within such fifteen (15)-Business Day period, Buyer shall be deemed to have waived its right to provide such comments for purposes of this Agreement. If Buyer provides comments within such fifteen (15)- Business Day period, Seller shall use commercially reasonable efforts to incorporate Buyer’s comments into the terms of the Project Warranty and, upon Buyer’s request, shall update Buyer on the status and results of such efforts. Seller shall provide the final Project Warranty to Buyer within fifteen (15) Business Days after the execution and delivery of the EPC Contact.
Project Warranty. Facilitate the warranty period.
Project Warranty. Grantee represents, warrants, and covenants that it is fully aware of the terms, conditions, and requirements of this Agreement, the NOFA, or any Applicable Laws governing this Agreement or the Project, and that any such Project(s) shall satisfy such terms, conditions, or requirements in all material respects. Grantee further represents, warrants, and covenants that it is fully aware of the intended outcomes of any Project(s) to be delivered hereunder, and that any such Project(s) are fit for such intended purposes and uses. Grantee represents, warrants, and covenants that the Project(s) will at all times meet, conform to and comply with: (1) this Agreement; (2) any and all representations or assurance made, directly or implicitly, in the Application or in connection with the administration of this Agreement; and (3)
Project Warranty. (a) Seller hereby warrants to Buyer that:
(i) the Project and each Good included therein will:
(A) be new (when installed) and free from damage;
(B) be of good and workmanlike quality and condition;
(C) be free from defects and deficiencies in design, engineering, manufacture, assembly, application, installation, construction, materials, workmanship, and otherwise, and be sufficiently sized and properly built and used for the specific use and/or application for which it was intended under this Agreement;
(D) operate safely and free of nuisance errors that are resolved only temporarily by automatic or manual resets and withstand Project Site conditions during the design lifetime for the Project required by the Scope Book; and
(E) conform to (and be capable of operating according to) the specification and descriptions set forth in, and other requirements (including design requirements) of, this Agreement, including the Scope Book and other aspects of the Performance Standard; and
(ii) without limiting the foregoing, all Work (including in respect of the design, drafting, engineering, procurement, assembly, installation, construction, completion, testing, commissioning, start-up, and any repair of the Project) will:
(A) be performed and completed in a good and workmanlike manner;
(B) be free from any defects, errors, and deficiencies; and
(C) conform to (and be performed and completed such that the Project and the Project Assets comply with and are capable of operating according to) all Laws, applicable Permits, and other requirements (including design requirements) of this Agreement, including the Scope Book and other aspects of the Performance Standard.
(b) The Project Warranty shall extend to all Goods and Work, without regard to vendor or supplier, and any warranty or guaranty provided by any Contractor or Subcontractor with respect to the Work shall be deemed incorporated into and part of the Project Warranty (as if fully set forth therein) during the Warranty Period; provided, however, that any exclusion in any such warranty or guaranty provided by such Contractor or Subcontractor that is attributable or related to other aspects of the Work shall be deemed for all purposes not to be an exclusion to the Project Warranty. Nothing in this Section 10.1 or elsewhere in this Article X is intended to limit Seller’s obligations under Section 5.2.
Project Warranty. Seller has delivered to Buyer a Project Warranty in compliance with the requirements of Section 6.2.
Project Warranty. Seller shall obtain from the EPC Contractor warranties (including related guarantees, indemnities, insurance, credit support, and other related rights) with respect to the Work performed by the EPC Contractor pursuant to the EPC Contract54 that shall be substantially and in all material respects in the form attached hereto as Exhibit Q and otherwise in form and substance acceptable to Buyer (the “Project Warranty”). Prior to the execution of the EPC Contract with the EPC Contractor, Seller shall deliver to Buyer the proposed Project Warranty for Buyer’s review and comment. Buyer shall have twenty (20) Business Days from receipt to review and provide comments to Seller on the proposed Project Warranty, including comments on any of the terms of the proposed Project Warranty that are not substantially and in all material respects in the form attached hereto as Exhibit Q. If Buyer fails to provide comments to such terms to Seller within such twenty (20)-Business Day period, Buyer shall be deemed to have waived its right to provide such comments for purposes of this Section 10.1 (but not Seller’s obligation to provide a final Project Warranty that complies with the requirements of the first sentence of this Section 10.1). If Buyer provides comments to Seller within such twenty (20)-Business Day period, Seller shall use commercially reasonable efforts to incorporate Buyer’s comments into the terms of the Project Warranty (without limiting Seller’s obligation to provide a final Project Warranty that complies with the requirements of the first sentence of this Section 10.1). The process above shall be repeated until the Project Warranty is approved by Buyer, except that, after the initial proposed Project Warranty, the twenty (20)-Business Day Buyer review period above shall be reduced to ten (10) Business Days after Xxxxx’s receipt of the revised proposed Project Warranty from Seller. Upon Xxxxx’s request, Seller shall update Buyer on the status and results of Seller’s efforts to obtain a Project Warranty that meets the requirements of the first sentence of this Section
Project Warranty. Landlord agrees to cause the Contractor to provide to Tenant upon the Substantial Completion of the Project Improvements a warranty that the Project Improvements will be free of latent defects as of the Commencement Date. Such warranty will extend for a period of one-year following the Commencement Date. Under the terms of such warranty, the Contractor will repair any defects or faulty workmanship in the Project Improvements of which Contractor is notified prior to the expiration of such 1-year period. The warranty on any Project Improvements performed after Substantial Completion shall extend for a one-year period following the issuance of a permanent certificate of occupancy.
Project Warranty. Facilitate the warranty period. Confirm Program/Site Concepts 1 Months Phase I: Schematic Design 2 Months Phase II: Design Development 3 Months Phase III: Construction Documents 4 Months Phase IV: Bidding & Negotiation 2 Months Construction Administration 8-‐10 Months Total Project Schedule 18-‐20 Months
Project Warranty. (a) Subject to Section 4.8 and Section 12.5(a), Operator warrants to Owner that the Portfolio and each Bloom System shall perform in accordance with the Warranty Specifications applicable to the Project or such Bloom System, as the case may be, during the Warranty Period (collectively, the “Project Warranty”).
(b) The Project Warranty is not transferable to any third person, including any Person who buys the Project, a Facility, or a Bloom System from Owner, without Operator’s prior written consent (which shall not unreasonably be withheld).
(c) Any period of time in which the Warranty Specifications are not met shall not extend the Warranty Period.
Project Warranty. Subject to Section 4.8 and Section 12.5(a), Operator warrants to Owner that each Tranche shall perform in accordance with the Warranty DM_US 164459510-10.107145.0012 Specifications applicable to such Tranche during the Warranty Period (collectively, the “Project Warranty”).
