Common use of Subcontractor Warranties Clause in Contracts

Subcontractor Warranties. Without in any way derogating Contractor’s representations and warranties and other testing requirements and guarantees set forth herein with respect to all of the Work, Contractor will require all Subcontractors to provide product and service warranties at a minimum equal to the Warranties in Article VII. Contractor shall use reasonable efforts to obtain from all Subcontractors any representations, warranties, guarantees, and obligations offered by such Subcontractors and to negotiate the longest reasonably practicable warranty periods at no additional cost with respect to design, materials, workmanship, Equipment, tools, supplies, and other items furnished by such Subcontractors. Contractor shall assign all representations, warranties, guarantees, and obligations of all Subcontractors at the request and direction of Owner, and without recourse to Contractor, to Owner upon default by Contractor or termination or expiration of this Agreement; provided, however, that, notwithstanding such assignment, Contractor shall be entitled to enforce each such representation, warranty, guaranty, and obligation so long as Contractor has any liability under this Agreement. To the extent assignable, Contractor hereby assigns to Owner, effective as of the end of the Warranty Period for the Project, all representations, warranties, guaranties and obligations of all Subcontractors.

Appears in 3 contracts

Samples: Procurement and Construction Agreement, Procurement and Construction Agreement, Procurement and Construction Agreement

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Subcontractor Warranties. Without in any way derogating Contractor’s representations and warranties and other testing requirements and guarantees set forth herein with respect to all of the Work, Contractor will require all Subcontractors to provide product and service warranties at a minimum equal to the Warranties in Article VII. Contractor shall use reasonable efforts to obtain from all Subcontractors any representations, warranties, guarantees, and obligations offered by such Subcontractors and to negotiate the longest reasonably practicable warranty periods at no additional cost with respect to design, materials, workmanship, Equipment, tools, supplies, and other items furnished by such Subcontractors. Contractor shall assign all representations, warranties, guarantees, and obligations of all Subcontractors at the request and direction of Owner, and without recourse to Contractor, to Owner upon default by Contractor or termination or expiration of this Agreement; provided, however, that, notwithstanding such assignment, Contractor shall be entitled to enforce each such representation, warranty, guaranty, and obligation so long as Contractor has any liability under this Agreement. To the extent assignable, Contractor hereby assigns to Owner, effective as of the end of the Warranty Period for the Project, all representations, warranties, guaranties and obligations of all Subcontractors.Subcontractors.‌

Appears in 1 contract

Samples: Procurement and Construction Agreement

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