Common use of Vendor Warranties Clause in Contracts

Vendor Warranties. Except as otherwise expressly provided in Section 17, the warranties of the Vendor pursuant to Section 17 will be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work. Except as otherwise specifically provided in Section 17, the Parties agree that such warranties will not be enforceable merely on a "pass-through" basis. The Owner may, but will not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that any such election by the Owner will not relieve the Vendor from any obligations or liability with respect to any such warranty.

Vendor Warranties. Except as otherwise expressly provided in Section ----------------- 17, the warranties of the Vendor pursuant to Section 17 will be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work. Except as otherwise specifically provided in Section 17, the Parties agree that such warranties will not be enforceable merely on a "pass-through" basis. The Owner may, but will shall not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that -------- ---- any such election by the Owner will not relieve the Vendor from any obligations or liability with respect to any such warranty.

Vendor Warranties. Except as otherwise expressly provided in Section ----------------- 17, the warranties of the Vendor pursuant to Section 17 will be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work. Except as otherwise specifically provided in Section 17, the Parties agree that such warranties will not be enforceable merely on a "pass-through" basis. The Owner may, but will not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that -------- ---- any such election by the Owner will not relieve the Vendor from any obligations or liability with respect to any such warranty.