SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management services. Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and procedures.
20.2 Contractor represents and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractors, and any harm caused by the negligent or improper work or services.
20.3 Contractor’s duties shall not be diminished by any approval by Owner nor shall Contractor be released from any liability by any approval by Owner, it being understood that Owner is ultimately relying upon Contractor’s skill and knowledge in performing the services required hereunder.
20.4 Contractor represents and agrees that all persons connected with Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required.
20.5 Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor (by Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished.
20.6 Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner.
20.7 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement.
20.8 Contractor represents and agrees that the individual executing this Agreement on behalf of Contractor has been duly authorized t...
SPECIAL WARRANTIES. The Contractor shall assign to the Owner in writing, as a condition precedent to final payment, the terms and conditions of all special warranties required under the Contract Documents.
SPECIAL WARRANTIES. When special guarantees or warranties are required by the Contract Documents for specific parts of the Work, the Contractor shall procure certified copies of such guarantees or warranties, countersign them and submit them to the Owner in triplicate. Delivery of such guarantees or warranties will not relieve the Contractor from any obligations assumed under any provision of this Contract or the Contract Documents.
SPECIAL WARRANTIES. 21.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Construction Manager agree and acknowledge that Owner is entering into this Agreement in reliance on Construction Manager's represented expertise and ability to provide construction management services. Construction Manager agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and procedures.
21.2 The Construction Manager represents, and agrees that it will perform its services in accordance with the usual and customary standards of Construction Manager’s profession or business and in compliance with all applicable national, federal, state, and municipal laws, regulations, codes, ordinances, and orders and with those of any other body having jurisdiction over the Project. Construction Manager agrees to bear the full cost of correcting Construction Manager’s negligent or improper work and services, those of its consultants, and any harm caused by the negligent or improper work or services.
21.3 The Construction Manager's duties shall not be diminished by any approval by Owner nor shall the Construction Manager be released from any liability by any approval by Owner, it being understood that the Owner is ultimately relying upon the Construction Manager’s skill and knowledge in performing the services required hereunder.
21.4 The Construction Manager represents and agrees that all persons connected with the Construction Manager directly in charge of its services are duly registered or licensed as required under the laws, rules and regulations of any authority having jurisdiction over the Project if registration or licensing is required.
21.5 The Construction Manager represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Construction Manager (by the Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished.
21.6 The Construction Manager represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner.
21.7 Construction Manager represents and agrees that there are no obligations, commitments, or impediments of any kind that will l...
SPECIAL WARRANTIES. (a) Sellers shall have a reasonable opportunity, but not the obligation, to cure any breach of the Special Warranties prior to the date six (6) months after Sellers’ receipt of any notice furnished by Purchaser with respect to such breach. Purchaser agrees to reasonably cooperate with any attempt by Sellers to cure any breach of the Special Warranties, and the amount of Damages resulting from any breach of any Special Warranty shall (i) be calculated and be based on the Defect Amount attributable to such breach and (ii) not exceed the Defect Amount attributable to the applicable affected Assets.
(b) For purposes of the special warranties of Defensible Title contained in the Asset Conveyances and Section 3.19, the value of the Assets set forth in the exhibits thereto, as applicable, shall be deemed to be the Allocated Value thereof, as adjusted herein.
SPECIAL WARRANTIES. Owner and Design/Build Contractor agree and acknowledge that Owner is entering into this Agreement in reliance on Design/Build Contractor's represented expertise and ability to provide design/build services. Design/Build Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and procedures.
SPECIAL WARRANTIES. Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management services. Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and procedures.
SPECIAL WARRANTIES. Reliance of Owner 15.2 Standard of Care
SPECIAL WARRANTIES. The financial position of Sequel as reflected in the Financial Statements is accurate in all material respects. Sequel is not subject to any litigation and is in compliance with all regulatory requirements including tax filings and compliance with liquor license permits.
SPECIAL WARRANTIES. 21.1 Notwithstanding anything to the contrary contained in this Contract, City and XXxX agree and acknowledge that City is entering into this Contract in reliance on XXxX'x represented expertise and ability to provide construction management services. XXxX agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City in accordance with City’s requirements and procedures.
21.2 The XXxX warrants, represents and agrees that all equipment, fixtures and materials incorporated in the Work shall be new and of good and suitable quality. The XXxX represents and agrees that it will perform its services in accordance with the usual and customary standards of XXxX’x profession or business, in a good and workmanlike manner, and in compliance with all applicable national, federal, state, and municipal laws, regulations, codes, ordinances, and orders and with those of any other body having jurisdiction over the Project. XXxX agrees to bear the full cost of correcting XXxX’x negligent or improper work and services, those of its consultants, and any harm caused by the negligent or improper work or services.
21.3 The XXxX'x duties shall not be diminished by any approval by City nor shall the XXxX be released from any liability by any approval by City, it being understood that the City is ultimately relying upon the XXxX’x skill and knowledge in performing the services required hereunder.
21.4 The XXxX represents and agrees that all persons connected with the XXxX directly in charge of its services are duly registered or licensed as required under the laws, rules and regulations of any authority having jurisdiction over the Project if registration or licensing is required.
21.5 The XXxX represents and agrees to advise City of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the XXxX (by the City or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished.
21.6 The XXxX represents and agrees to perform its services under this Contract in an expeditious and economical manner consistent with good business practices and the interests of City.
21.7 XXxX represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Contract.
21.8 XXxX r...