Common use of Subcontractor Warranties Clause in Contracts

Subcontractor Warranties. The Contractor shall, at its cost, obtain warranties for the benefit of the Contractor and the Owner from all Subcontractors and Vendors in relation to their respective portions of the Work. The Contractor shall in addition, at its cost, obtain warranties from all such individuals or entities which (a) are coterminous with the Contractor’s Warranty Periods, (b) warrant against defects and deficiencies in each such parties’ work and (c) are ultimately assignable to the Owner pursuant to an assignment conditional upon the earlier to occur of (i) the termination of this Agreement, or (ii) the expiration of the Warranty Periods if such warranty or warranties are still in effect at such time. Within ten (10) Working Days of receipt by the Contractor from the Owner of a Notice of a failure of any of the Work to satisfy any Subcontractor or Vendor covenant, guarantee or obligation required by this Agreement but excluding any of the foregoing referred to in Section 23.1.3(c), the Contractor shall be responsible for enforcing or performing any such covenant, guarantee or obligation, failing which, the Owner may, at its option and without derogating from the Contractor’s responsibilities, directly enforce any such covenant, guarantee or obligation against any Subcontractor or Vendor. The Contractor acknowledges and agrees that the Initial Warranty Period set forth in Section 23.1.5 above shall not serve to limit any warranties obtained from Subcontractors that may be of longer duration. Any warranty referred to in this Section 23.1.7 shall be assignable by the Owner to a third party on notice to the Contractor or the relevant Subcontractor.

Subcontractor Warranties. The Subject to Section 10.1.5, Contractor shall, at its costfor the protection of Concessionaire and the Department, obtain warranties for the benefit of the Contractor and the Owner from all Subcontractors guarantees and Vendors warranties on all machinery, equipment, services, materials, supplies and other items used and installed hereunder, and such guarantees and warranties shall not be amended, modified or otherwise discharged without the prior written consent of Concessionaire. Contractor shall use Commercially Reasonable Efforts to cause such guarantees and warranties from Subcontractors having Subcontracts for amounts in relation excess of $500,000 to their respective portions cover periods of not less than two (2) years from the date of Substantial Completion and to include parts, shipping, service and labor for all warranty repairs with respect thereto. Contractor shall enforce guarantees and warranties to the fullest extent thereof on behalf of Concessionaire and the Department until expiration of the WorkWarranty Period. The Contractor shall in additionSubject to Section 10.1.5, at its costConcessionaire’s request or, obtain warranties from all such individuals or entities which (a) are coterminous with the Contractor’s Warranty Periodsif later, (b) warrant against defects and deficiencies in each such parties’ work and (c) are ultimately assignable to the Owner pursuant to an assignment conditional upon the earlier to occur of (i) the termination of this Agreement, or (ii) the expiration of the Warranty Periods if Period, Contractor shall assign to Concessionaire or, as directed by Concessionaire or the Department, all guarantees and warranties of all Subcontractors then remaining in effect; provided, however, that (i) such assignment shall not relieve Contractor of its warranty or obligations under the Contract Documents and (ii) Contractor shall have the prior right to enforce the guarantees and warranties are still in effect at of Subcontractors to the extent necessary to enforce any claims of Contractor against such timeSubcontractor and to assure satisfaction of Contractor’s warranty obligations to Concessionaire under the Contract Documents. Within ten (10) Working Days of receipt by the Contractor from the Owner of a Notice of a failure of any of the Work to satisfy Neither Contractor, nor any Subcontractor or Vendor covenant, guarantee or obligation required by this Agreement but excluding any of the foregoing referred to in Section 23.1.3(c), the Contractor shall be responsible for enforcing or performing any such covenant, guarantee or obligation, failing which, the Owner may, at its option and without derogating from the Person under Contractor’s responsibilitiescontrol, directly enforce shall take any such covenantaction which could release, guarantee void, impair or obligation against any Subcontractor or Vendor. The Contractor acknowledges and agrees that the Initial Warranty Period set forth in Section 23.1.5 above shall not serve to limit waive any warranties obtained or guarantees on equipment, materials or services that it procures from Subcontractors that may be of longer duration. Any warranty referred to in this Section 23.1.7 shall be assignable by the Owner to a third party on notice to the Contractor or the relevant Subcontractorothers.