Common use of Subcontractor Warranties Clause in Contracts

Subcontractor Warranties. 11.3.1 Without in any way derogating Contractor’s own representations and warranties (including the Warranties) and other obligations with respect to all of the Work, subject to the provisions of Section 11.3.2 below, Contractor shall obtain from all Subcontractors and cause to be extended to Owner appropriate representations, warranties (for periods at least co-extensive in duration with the Warranty Period for such Work or, if a longer duration is specified in Division 1 for the Subcontractor’s Work, for a period at least co-extensive with such duration) guarantees and obligations with respect to Equipment and Materials, workmanship, tools and supplies furnished by such Subcontractors. Contractor shall also use commercially reasonable efforts to obtain from all Subcontractors such Subcontractors’ commitment: (a) to remain liable for latent defects in the Work that the Subcontractor is obligated to perform, whenever such defects are discovered; and (b) to provide a warranty of fitness for intended purpose for any Equipment and Materials that the Subcontractors are obligated to provide or furnish. Following the applicable Warranty Period, Contractor shall assign any rights or interest that it may have in such obligation of its Subcontractors to Owner. All representations, warranties, guarantees and obligations of Subcontractors: (y) shall be written so as to survive all inspections, tests and approvals hereunder, and (z) shall run directly to and be jointly and severally enforceable by Contractor, Owner and their respective successors and assigns. Contractor hereby assigns to Owner all of Contractor’s rights and interest in all extended warranties for periods exceeding the applicable warranty period which are received by Contractor from any of its Subcontractors.

Subcontractor Warranties. 11.3.1 Without in any way derogating Contractor’s own representations and warranties (including the Warranties) and other obligations with respect to all of the Work, subject to the provisions of Section 11.3.2 below, Contractor shall obtain from all Subcontractors and cause to be extended to Owner appropriate representations, warranties (for periods at least co-extensive in duration with the Warranty Period for such Work or, if a longer duration is specified in the Division 1 Specifications for the Subcontractor’s Work, for a period at least co-co- extensive with such duration) guarantees and obligations with respect to Equipment and Materials, workmanship, tools and supplies furnished by such Subcontractors. Contractor shall also use commercially reasonable efforts to obtain from all Subcontractors such Subcontractors’ commitment: (a) to remain liable for latent defects in the Work that the Subcontractor is obligated to perform, whenever such defects are discovered; and (b) to provide a warranty of fitness for intended purpose for any Equipment and Materials that the Subcontractors are obligated to provide or furnish. Following the applicable Warranty Period, Contractor shall assign any rights or interest that it may have in such obligation of its Subcontractors to Owner. All representations, warranties, guarantees and obligations of Subcontractors: (y) shall be written so as to survive all inspections, tests and approvals hereunder, and (z) shall run directly to and be jointly and severally enforceable by Contractor, Owner and their respective successors and assigns. Contractor hereby assigns to Owner all of Contractor’s rights and interest in all extended warranties for periods exceeding the applicable warranty period which are received by Contractor from any of its Subcontractors.