Common use of SUBCONTRACTORS’ AND MANUFACTURERS’ WARRANTIES Clause in Contracts

SUBCONTRACTORS’ AND MANUFACTURERS’ WARRANTIES. (1) Contractor represents and warrants that the Subcontractors', manufacturers' or other warranties with respect to the antennas procured by Contractor for delivery to Owner shall be assignable to Owner. Furthermore, with respect to Subcontractors', manufacturers or other warranties on all materials and equipment (other than with respect to the antennas) and services procured by Contractor for delivery to Owner, Contractor represents and warrants it shall use commercially reasonable efforts to make such warranties assignable to Owner or to make Owner the intended third-party beneficiary thereof. (2) With respect to warranties that are assignable, Contractor shall assign all such warranties to Owner on demand and in no event later than Acceptance of the City Network in which the relevant materials, equipment and services are incorporated or to which they are related, whichever occurs earlier. With respect to warranties that are not assignable or for which Owner is the intended third-party beneficiary, Contractor shall enforce such warranty on behalf of Owner prior to the first anniversary of the Acceptance of the City Network to which the warranted material, equipment or services attaches; thereafter, upon Owner's request, Contractor shall provide such enforcement on a Task-Order Pricing basis set forth in Exhibit C (Contract Pricing, Payments and Milestone Achievement Criteria). (3) If Owner seeks to enforce a claim based upon a manufacturer's warranty and such manufacturer fails to honor its warranty based, in whole or in part, on a claim of defective installation, and such claim fails due to defective installation, Owner shall be entitled to enforce the terms of such warranty against Contractor.