Subcontractor Warranties; Subcontractor Protections for Owner. Contractor shall use its good faith efforts, in its negotiations with all Subcontractors for the Facility, to see that such Subcontractors provide commercially reasonable remedies, including warranties, performance guarantees, and, where appropriate, liquidated damages. Contractor shall enforce all contractual remedies and enforce any other remedies against the Subcontractors, including, without limitation, those arising from Subcontractors’ negligent acts or omissions (collectively, the “Subcontractor Protections”). Contractor shall enforce, at its sole expense, all warranties contained within the Subcontractor Protections for the Subcontractor warranty periods provided for the specific equipment to which such warranties pertain. Upon request from any Party, Contractor shall, following the negotiation of all Subcontractor contracts, update Owner to reflect the final negotiated warranty periods. Contractor agrees to assign to Owner on and as of the Commercial Operation Date any warranties, performance guarantees and related liquidated damages provisions contained in any contracts between Contractor and Subcontractors to the extent such assignments are permitted under the terms thereof.
Subcontractor Warranties; Subcontractor Protections for Owner. Contractor will procure, from all Subcontractors providing materials and equipment and services as part of the Work, commercially reasonable warranties. Contractor will obtain and maintain all such warranties in full force and effect, and Contractor will enforce such warranties itself and/or on behalf of Owners, including through litigation at Contractor’s own expense, if necessary. At the end of the Warranty Period, Contractor will assign to Owners its rights under any and all such Subcontractor warranties that continue past the end of the Warranty Period. Contractor will secure such assignment from each Subcontractor, and Contractor will deliver to Owners copies of all Subcontracts providing for warranties enforceable by Owners. Contractor will not, and Contractor will ensure that Contractor’s personnel do not, take any action which could release, void, impair or waive any Subcontractor warranties. To the extent that any such warranty would be voided by reason of Contractor’s negligence or other fault in incorporating materials or equipment into the Work, Contractor shall be responsible for correcting such negligence or other fault and shall in any event be responsible pursuant to warranty obligations set forth in this Article 11.
Subcontractor Warranties; Subcontractor Protections for Owner. Contractor shall use its good faith efforts, in its negotiations with all Subcontractors for the Facility, to see that such Subcontractors provide commercially reasonable remedies, including warranties, performance guarantees, and, where appropriate, liquidated damages. Contractor shall enforce all contractual remedies and enforce any other remedies against the Subcontractors, including, without limitation, those arising from Subcontractors’ negligent acts or omissions (collectively, the “Subcontractor Protections”). Contractor shall enforce, at its sole expense, all warranties contained within the Subcontractor Protections for the Subcontractor warranty periods provided for the specific equipment to which such warranties pertain.
