SPECIFIC WARRANTIES. In particular, Contractor warrants to Owner that: 20.2.1 Contractor shall perform the Work in full compliance with the terms and conditions set forth herein; 20.2.2 the Materials and the Work shall be designed, manufactured, engineered, constructed, completed, pre-commissioned, commissioned, tested and delivered in accordance with this Agreement; 20.2.3 the Materials and the Work shall be designed, manufactured, engineered, constructed, completed, tested and delivered, in a workmanlike manner and in accordance with this Agreement, Owner Standards, all Permits and approvals of Government Authorities, Applicable Codes and Standards and all applicable Laws; 20.2.4 the Work, including all Materials and each component thereof (a) shall conform to the specifications and descriptions set forth herein, (b) shall be new, complete, and of suitable grade for the intended function and use in accordance with this Agreement, (c) shall be free from defects (including latent defects) in design, material and workmanship, and (d) shall meet the requirements set forth in Exhibit A and the Agent For Contracts; 20.2.5 the Materials, or any component of Materials, shall be composed and made of only proven technology, of a type in commercial operation at the Effective Date; provided that Owner’s agreement for Contractor to use any Materials not in compliance with this Section 20.2.5 shall not relieve Contractor of any of its obligations under this Agreement; 20.2.6 if, prior to the expiration of the Warranty Period, two (2) or more of the same components of the Work experience a Defect of an identical or nearly identical nature that causes or could reasonably be expected to cause an outage or derating of the Facility (herein, a “Serial Defect”), then Contractor shall examine the cause of the Serial Defect and (i) undertake technical analysis of the underlying problem in order to determine (A) the root cause of such Serial Defect and (B) the repairs or replacements that may be required to avoid future occurrences of such Serial Defect, (ii) prepare and provide to Owner a written report setting forth the results of such analysis, (iii) promptly redesign if necessary and repair or replace any Materials, as necessary, and (iv) extend the Warranty Period for that portion of the Work that Contractor redesigned, repaired or replaced for an additional period of [***] months. Such warranty extension for Serial Defects is in lieu of and not in addition to the extension of the Warranty Period contemplated in Section 20.4.2. 20.2.7 Contractor shall, at all times during the Warranty Period, maintain sufficient personnel at Contractor’s offices to respond promptly to Owner’s request for diagnostic or warranty work. At any time during the Warranty Period, Contractor shall promptly and on an expedited basis perform such tests, inspections or other diagnostic services as may be reasonably requested by Owner. In the event that such diagnostic services reveal any Work not conforming to the Contractor’s Warranties, any and all such Work shall be corrected immediately as Corrective Work (the warranties set forth in Sections 20.2.1 to 20.2.7 inclusively are referred to collectively as the “Warranties”). The Warranties shall not include work performed under the Owner Contracts; and 20.2.8 Contractor shall, in the course of correcting any Defects or Deficiencies, do so (a) in good faith coordination with Owner’s schedule of operations so as to minimize any adverse effect on the operations of the Facility and (b) in accordance with the Warranty procedures set forth in this Article 20.
Appears in 5 contracts
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.), Engineering, Procurement and Construction Agreement (Venture Global, Inc.), Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
SPECIFIC WARRANTIES. In particular, Contractor warrants to Owner that:
20.2.1 Contractor shall perform the Work in full compliance with the terms and conditions set forth herein;
20.2.2 the Materials and the Work shall be designed, manufactured, engineered, constructed, completed, pre-commissioned, commissioned, tested and delivered in accordance with this Agreement;
20.2.3 the Materials and the Work shall be designed, manufactured, engineered, constructed, completed, tested and delivered, in a workmanlike manner and in accordance with this Agreement, Owner Standards, all Permits and approvals of Government Authorities, Applicable Codes and Standards and all applicable Laws;
20.2.4 the Work, including all Materials and each component thereof (a) shall conform to the specifications and descriptions set forth herein, (b) shall be new, complete, and of suitable grade for the intended function and use in accordance with this Agreement, (c) shall be free from defects (including latent defects) in design, material and workmanship, and (d) shall meet the requirements set forth in Exhibit A and the Agent For ContractsA;
20.2.5 the Materials, or any component of Materials, shall be composed and made of only proven technology, of a type in commercial operation at the Effective Date; provided that Owner’s agreement for Contractor to use any Materials not in compliance with this Section 20.2.5 shall not relieve Contractor of any of its other obligations under this Agreement;
20.2.6 if, prior to the expiration of the Warranty Period, two (2) or more of the same components of the Work experience a Defect of an identical or nearly identical nature that causes or could reasonably be expected to cause an outage or derating of the Facility (herein, a “Serial Defect”), then Contractor shall examine the cause of the Serial Defect and (i) undertake technical analysis of the underlying problem in order to determine (A) the root cause of such Serial Defect Defect, and (B) the repairs or replacements that may be required to avoid future occurrences of such Serial Defect, (ii) prepare and provide to Owner a written report setting forth the results of such analysis, (iii) promptly redesign if necessary and repair or replace any Materials, as necessary, and (iv) extend the Warranty Period for that portion of the Work that Contractor redesigned, repaired or replaced for an additional period of [***] months. Such warranty extension for Serial Defects is in lieu of and not in addition to the extension of the Warranty Period contemplated in Section 20.4.2.
20.2.7 Contractor shall, at all times during the Warranty Period, maintain sufficient personnel at Contractor’s offices to respond promptly to Owner’s request for diagnostic or warranty work. At any time during the Warranty Period, Contractor shall promptly and on an expedited basis perform such tests, inspections or other diagnostic services as may be reasonably requested by Owner. In the event that such diagnostic services reveal any Work not conforming to the Contractor’s Warranties, any and all such Work shall be corrected immediately as Corrective Work (the warranties set forth in Sections 20.2.1 to 20.2.7 inclusively are referred to collectively as the “Warranties”). The Warranties shall not include work performed under the Owner Contracts; and
20.2.8 Contractor shall, in the course of correcting any Defects or Deficiencies, do so (a) in good faith coordination with Owner’s schedule of operations so as to minimize any adverse effect on the operations of the Facility Facility, and (b) in accordance with the Warranty procedures set forth in this Article 20.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.), Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
SPECIFIC WARRANTIES. In particular, Contractor warrants to Owner that:
20.2.1 Contractor shall perform the Work in full compliance with the terms and conditions set forth herein;
20.2.2 the Materials and the Work shall be designed, manufactured, engineered, constructed, completed, pre-commissioned, commissioned, tested and delivered in accordance with this Agreement;
20.2.3 the Materials and the Work shall be designed, manufactured, engineered, constructed, completed, tested and delivered, in a workmanlike manner and in accordance with this Agreement, Owner Standards, all Permits and approvals of Government Authorities, Applicable Codes and Standards and all applicable Laws;
20.2.4 the Work, including all Materials and each component thereof (a) shall conform to the specifications and descriptions set forth herein, (b) shall be new, complete, and of suitable grade for the intended function and use in accordance with this Agreement, (c) shall be free from defects (including latent defects) in design, material and workmanship, and (d) shall meet the requirements set forth in Exhibit A and the Agent For ContractsA;
20.2.5 the Materials, or any component of Materials, shall be composed and made of only proven technology, of a type in commercial operation at the Effective Date; provided that Owner’s agreement for Contractor to use any Materials not in compliance with this Section 20.2.5 shall not relieve Contractor of any of its other obligations under this Agreement;
20.2.6 if, prior to the expiration of the Warranty Period, two (2) or more of the same components of the Work experience a Defect of an identical or nearly identical nature that causes or could reasonably be expected to cause an outage or derating of the Facility (herein, a “Serial Defect”), then Contractor shall examine the cause of the Serial Defect and (i) undertake technical analysis of the underlying problem in order to determine (A) the root cause of such Serial Defect Defect, and (B) the repairs or replacements that may be required to avoid future occurrences of such Serial Defect, (ii) prepare and provide to Owner a written report setting forth the results of such analysis, (iii) promptly redesign if necessary and repair or replace any Materials, as necessary, and (iv) extend the Warranty Period for that portion of the Work that Contractor redesigned, repaired or replaced for an additional period of [***] months. Such warranty extension for Serial Defects is in lieu of and not in addition to the extension of the Warranty Period contemplated in Section 20.4.2.
20.2.7 Contractor shall, at all times during the Warranty Period, maintain sufficient personnel at Contractor’s offices to respond promptly to Owner’s request for diagnostic or warranty work. At any time during the Warranty Period, Contractor shall promptly and on an expedited basis perform such tests, inspections or other diagnostic services as may be reasonably requested by Owner. In the event that such diagnostic services reveal any Work not conforming to the Contractor’s Warranties, any and all such Work shall be corrected immediately as Corrective Work (the warranties set forth in Sections 20.2.1 to 20.2.7 inclusively are referred to collectively as the “Warranties”). The Warranties shall not include work performed under the Owner Contracts; and
20.2.8 Contractor shall, in the course of correcting any Defects or Deficiencies, do so (a) in good faith coordination with Owner’s schedule of operations so as to minimize any adverse effect on the operations of the Facility and (b) in accordance with the Warranty procedures set forth in this Article 20.repaired
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
