Common use of Prompt Repair of Warranty Work Clause in Contracts

Prompt Repair of Warranty Work. (a) Project Co acknowledges that the timely performance of warranty work is critical to the ability of Contracting Authority to maintain effective operations of the Facility. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority to correct Construction Defects and Construction Latent Defects within the Response Time required by Contracting Authority (which, for certainty, may, in respect of an Emergency, require immediate response or correction). Project Co further acknowledges that if Contracting Authority is unable to contact Project Co, Project Co has not completed the Warranty Response within the Response Time, and/or the Warranty Rectification is not commenced within such time period as may be required by Contracting Authority (including, for clarity, immediately in the event of an Emergency), Contracting Authority’s own forces may take such steps as are reasonable and appropriate to correct such Construction Defects and Construction Latent Defects, at Project Co’s sole cost and expense and, except in the case of damage caused by Contracting Authority’s own forces, such steps taken by Contracting Authority’s own forces shall not invalidate any warranties in respect of such portion of the Works affected by such corrective actions of Contracting Authority’s own forces.

Appears in 3 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

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Prompt Repair of Warranty Work. (a) Project Co acknowledges that the timely performance of warranty work is critical to the ability of Contracting Authority to maintain effective operations of the Facility. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority to correct Construction Defects and Construction Latent Defects within the Response Time time periods required by Contracting Authority (which, for certainty, may, in respect of an Emergency, require immediate response or correction). Project Co further acknowledges that if Contracting Authority is unable to contact Project Co, Project Co has not completed the Warranty Response within the Response Time, and/or the Warranty Rectification corrective work is not commenced within such time period as may be required by Contracting Authority (including, for clarity, immediately in the event of an Emergency), Contracting Authority’s own forces may take such emergency steps as are reasonable and appropriate to correct such Construction Defects and Construction Latent Defects, at Project Co’s sole cost and expense and, except in the case of damage caused by Contracting Authority’s own forces, such emergency steps taken by Contracting Authority’s own forces shall not invalidate any warranties in respect of such portion of the Works affected by such corrective actions of Contracting Authority’s own forces.

Appears in 3 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

Prompt Repair of Warranty Work. (a) Project Co acknowledges that the timely performance of warranty work is critical to the ability of Contracting Authority to maintain effective operations of the each Facility. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority to correct Construction Defects and Construction Latent Defects within the Response Time time periods required by Contracting Authority (which, for certainty, may, in respect of an Emergency, require immediate response or correction). Project Co further acknowledges that if Contracting Authority is unable to contact Project Co, Project Co has not completed the Warranty Response within the Response Time, and/or the Warranty Rectification corrective work is not commenced within such time period as may be required by Contracting Authority (including, for clarity, immediately in the event of an Emergency), Contracting Authority’s own forces may take such emergency steps as are reasonable and appropriate to correct such Construction Defects and Construction Latent Defects, at Project Co’s sole cost and expense and, except in the case of damage caused by Contracting Authority’s own forces, such emergency steps taken by Contracting Authority’s own forces shall not invalidate any warranties in respect of such portion of the Works affected by such corrective actions of Contracting Authority’s own forces.

Appears in 1 contract

Samples: Project Agreement

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Prompt Repair of Warranty Work. (a) Project Co acknowledges that the timely performance of warranty work is critical to the ability of Contracting Authority to maintain effective operations of the FacilityExpansion Infrastructure. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority to correct Construction Defects and Construction Latent Defects within the Response Time time periods required by Contracting Authority (which, for certainty, may, in respect of an Emergency, require immediate response or correctionresponse). Project Co further acknowledges that if Contracting Authority is unable to contact Project Co, Project Co has not completed the Warranty Response within the Response Time, and/or the Warranty Rectification corrective work is not commenced within such time period as may be required by Contracting Authority (including, for clarity, immediately in the event of an Emergency), Contracting Authority’s own forces may take such emergency steps as are reasonable and appropriate to correct such Construction Defects and Construction Latent Defects, at Project Co’s sole cost and expense and, except in the case of damage caused by Contracting Authority’s own forces, such emergency steps taken by Contracting Authority’s own forces shall not invalidate any warranties in respect of such portion of the Works affected by such corrective actions of Contracting Authority’s own forces.

Appears in 1 contract

Samples: Project Agreement

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