Common use of Warranties and Completion Clause in Contracts

Warranties and Completion. 3.6.1 The Contractor warrants that all materials and equipment furnished under this Agreement will be new unless otherwise specified, of good quality in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or of a designated portion. The Contractor agrees to correct all construction performed under this Agreement which proves to be defective in workmanship and materials within a period of one year from the date of Substantial Completion as set forth in Paragraph 6.2 or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. 3.6.2 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of the Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. All other warranties expressed or implied including the warranty of merchantability and the warranty of fitness for a particular purpose are expressly disclaimed. 3.6.3 The Contractor shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.6.4 The Contract shall collect all written warranties and equipment manuals and deliver them to the Owner. 3.6.5 With the assistance of the Owner’s maintenance personnel, the Contractor shall direct the checkout of utilities and operations of systems and equipment for readiness, and assist in their initial state-up and testing. *** Confidential material redacted and filed separately with the Commission 3.6.6 Contractor guarantees and warrants that the Work/Project will achieve the performance requirements with respect to the operation of the Work/Project set forth in that certain Process Guarantee letter dated June 23, 2006, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. In the event of Contractor’s breach of this Agreement and warranty, Contractor shall take all action as necessary to remedy the deficiencies that prevented the successful achievement of the performance requirements at Contractor’s sole cost and expense. Performance tests will be conducted jointly by Contractor and Owner to verify achievement of the performance requirements. If the performance tests fail to achieve the performance requirements, Contractor shall promptly take such action as may be necessary to remedy, at its expense, all deficiencies which prevented the successful completion of the performance test. Contractor shall be required at its sole cost and expense, to conduct one or more additional performance tests, until such time that the performance tests confirm that the corrective measures have corrected the deficiencies and the Work/Project meets the performance requirements. The Process Guarantee shall be deemed to have been met when the facility accumulates *** periods, producing *** gallons or more of biodiesel per *** hour period. 3.6.7 Contractor further warrants that the Work/Project shall demonstrate that is does not exceed those air emissions levels cumulatively allocable to the Project contained in, and does not violate the terms and conditions of, the air permits issues to the Owner for the Project. If the Project fails to meet such air emission levels, then Contractor, at Contractor’s sole cost and expense, shall correct any defects of deficiencies in the Work/Project as necessary so that the Project does not violate or exceed such air emissions levels set forth in the air permits. Contractor shall continue to take corrective measures until subsequent performance tests demonstrate that the Project does not exceed the air emissions levels and otherwise complies with the performance requirements. 3.6.8 The standard of care for all design and construction services performed by Contractor shall be the care and skill ordinarily used by members of the design and construction profession practicing under similar conditions at the same time and locality of the project. Notwithstanding this standard of care, the parties have agreed upon specific performance standards for certain aspects of the Work, which standards should be set forth in any performance guarantee criteria. The design and construction professional services shall be performed to achieve such standards.

Warranties and Completion. 3.6.1 3.8.1 The Contractor Design-Builder warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date Date of Substantial Completion of the Work or of a designated portionWork. The Contractor Design-Builder agrees to correct all construction performed under this Agreement which proves to be is defective in workmanship and or materials within a period of one year from the date Date of Substantial Completion as set forth in Paragraph 6.2 or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. 3.6.2 Those 3.8.2 To the extent products, equipment, systems or materials incorporated in the Work at are specified and purchased by the direction of or upon the specific request of the Owner Commission, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereofof any such warranty. All other warranties expressed or implied including The Design-Builder shall assist the Commission in pursuing warranty of merchantability claims. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the warranty of fitness for right to modify this document and provide a particular purpose are expressly disclaimedrevised Sample to Phase II Proposers. 3.6.3 3.8.3 The Contractor Design-Builder shall secure any and all required certificates of inspection, testing or approval and deliver them to the OwnerCommission. 3.6.4 3.8.4 The Contract Design-Builder shall collect all written warranties and equipment manuals and deliver them to the OwnerCommission in a format directed by the Commission. 3.6.5 With the assistance of the Owner’s maintenance personnel, the Contractor 3.8.5 The Design-Builder shall direct the commissioning checkout of utilities and operations start- up operations, and adjusting and balancing of systems and equipment for readiness, and assist in their initial state-up and testing. *** Confidential material redacted and filed separately with the Commission 3.6.6 Contractor guarantees and warrants that the Work/Project will achieve the performance requirements with respect to the operation of the Work/Project set forth in that certain Process Guarantee letter dated June 23, 2006, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. In the event of Contractor’s breach of this Agreement and warranty, Contractor shall take all action as necessary to remedy the deficiencies that prevented the successful achievement of the performance requirements at Contractor’s sole cost and expense. Performance tests will be conducted jointly by Contractor and Owner to verify achievement of the performance requirements. If the performance tests fail to achieve the performance requirements, Contractor shall promptly take such action as may be necessary to remedy, at its expense, all deficiencies which prevented the successful completion of the performance test. Contractor shall be required at its sole cost and expense, to conduct one or more additional performance tests, until such time that the performance tests confirm that the corrective measures have corrected the deficiencies and the Work/Project meets the performance requirements. The Process Guarantee shall be deemed to have been met when the facility accumulates *** periods, producing *** gallons or more of biodiesel per *** hour period. 3.6.7 Contractor further warrants that the Work/Project shall demonstrate that is does not exceed those air emissions levels cumulatively allocable to the Project contained in, and does not violate the terms and conditions of, the air permits issues to the Owner for the Project. If the Project fails to meet such air emission levels, then Contractor, at Contractor’s sole cost and expense, shall correct any defects of deficiencies in the Work/Project as necessary so that the Project does not violate or exceed such air emissions levels set forth in the air permits. Contractor shall continue to take corrective measures until subsequent performance tests demonstrate that the Project does not exceed the air emissions levels and otherwise complies with the performance requirements. 3.6.8 The standard of care for all design and construction services performed by Contractor shall be the care and skill ordinarily used by members of the design and construction profession practicing under similar conditions at the same time and locality of the project. Notwithstanding this standard of care, the parties have agreed upon specific performance standards for certain aspects of the Work, which standards should be set forth in any performance guarantee criteria. The design and construction professional services shall be performed to achieve such standards.SAMPLE

Warranties and Completion. 3.6.1 3.8.1 The Contractor Design-Builder warrants that all materials and equipment furnished under this Agreement will be new unless otherwise specified, of good quality quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or of a designated portion. The Contractor Design-Builder agrees to correct all construction performed under this Agreement which proves to be defective in workmanship and or materials within a period of one year from the date of Substantial Completion as set forth in In Paragraph 6.2 or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. 3.6.2 Those 3.8.2 To the extent products, equipment, systems or materials incorporated in the Work at are specified and purchased by the direction of or upon the specific request of the Owner Owner, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. All other warranties expressed To the extent products, equipment, systems or implied including materials incorporated in the Work are specified by the Owner but purchased by the Design-Builder and are Inconsistent with selection criteria that otherwise would have been followed by the Design-Builder, the Design-Builder shall assist the Owner in pursuing warranty of merchantability and the warranty of fitness for a particular purpose are expressly disclaimedclaims. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 3.6.3 3.8.3 The Contractor Design-Builder shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.6.4 3.8.4 The Contract Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Owner in a format directed by the Owner. 3.6.5 3.8.5 With the assistance of the Owner’s maintenance personnel, representative the Contractor Design-Builder shall direct the checkout of utilities and operations start up operations, and adjusting and balancing of systems and equipment for readiness, and assist in their initial state-up and testing. *** Confidential material redacted and filed separately with the Commission 3.6.6 Contractor guarantees and warrants that the Work/Project will achieve the performance requirements with respect to the operation of the Work/Project set forth in that certain Process Guarantee letter dated June 23, 2006, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. In the event of Contractor’s breach of this Agreement and warranty, Contractor shall take all action as necessary to remedy the deficiencies that prevented the successful achievement of the performance requirements at Contractor’s sole cost and expense. Performance tests will be conducted jointly by Contractor and Owner to verify achievement of the performance requirements. If the performance tests fail to achieve the performance requirements, Contractor shall promptly take such action as may be necessary to remedy, at its expense, all deficiencies which prevented the successful completion of the performance test. Contractor shall be required at its sole cost and expense, to conduct one or more additional performance tests, until such time that the performance tests confirm that the corrective measures have corrected the deficiencies and the Work/Project meets the performance requirements. The Process Guarantee shall be deemed to have been met when the facility accumulates *** periods, producing *** gallons or more of biodiesel per *** hour period. 3.6.7 Contractor further warrants that the Work/Project shall demonstrate that is does not exceed those air emissions levels cumulatively allocable to the Project contained in, and does not violate the terms and conditions of, the air permits issues to the Owner for the Project. If the Project fails to meet such air emission levels, then Contractor, at Contractor’s sole cost and expense, shall correct any defects of deficiencies in the Work/Project as necessary so that the Project does not violate or exceed such air emissions levels set forth in the air permits. Contractor shall continue to take corrective measures until subsequent performance tests demonstrate that the Project does not exceed the air emissions levels and otherwise complies with the performance requirements. 3.6.8 The standard of care for all design and construction services performed by Contractor shall be the care and skill ordinarily used by members of the design and construction profession practicing under similar conditions at the same time and locality of the project. Notwithstanding this standard of care, the parties have agreed upon specific performance standards for certain aspects of the Work, which standards should be set forth in any performance guarantee criteria. The design and construction professional services shall be performed to achieve such standards.

Warranties and Completion. 3.6.1 3.7.1 The Contractor Design-Builder warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date Date of Substantial Completion of the Work or of a designated portion. The Contractor Design-Builder agrees to correct all construction performed under this Agreement which proves to be is defective in construction workmanship and or materials within a period of one year from the date Date of Substantial Completion as set forth in Paragraph 6.2 or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract DocumentsCompletion. 3.6.2 Those 3.7.2 To the extent products, equipment, systems or materials incorporated in the Work at are specified and purchased by the direction of or upon the specific request of the Owner Owner, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which that extend beyond the description on the face thereofof any such warranty. All other warranties expressed To the extent products, equipment, systems or implied including materials incorporated in the Work are specified by the Owner but purchased by the Design-Builder and are inconsistent with selection criteria that otherwise would have been followed by the Design-Builder, the Design-Builder shall assist the Owner in pursuing warranty of merchantability and the warranty of fitness for a particular purpose are expressly disclaimedclaims. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESLY DISCLAIMED. 3.6.3 3.7.3 The Contractor Design-Builder shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.6.4 3.7.4 The Contract Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Owner in a format directed by the Owner. 3.6.5 3.7.5 With the assistance of the Owner’s 's maintenance personnel, the Contractor Design-Builder shall direct the checkout of utilities and operations start-up operations, and adjusting and balancing of systems and equipment for readiness, and assist in their initial state-up and testing. *** Confidential material redacted and filed separately with the Commission 3.6.6 Contractor guarantees and warrants that the Work/Project will achieve the performance requirements with respect to the operation of the Work/Project set forth in that certain Process Guarantee letter dated June 23, 2006, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. In the event of Contractor’s breach of this Agreement and warranty, Contractor shall take all action as necessary to remedy the deficiencies that prevented the successful achievement of the performance requirements at Contractor’s sole cost and expense. Performance tests will be conducted jointly by Contractor and Owner to verify achievement of the performance requirements. If the performance tests fail to achieve the performance requirements, Contractor shall promptly take such action as may be necessary to remedy, at its expense, all deficiencies which prevented the successful completion of the performance test. Contractor shall be required at its sole cost and expense, to conduct one or more additional performance tests, until such time that the performance tests confirm that the corrective measures have corrected the deficiencies and the Work/Project meets the performance requirements. The Process Guarantee shall be deemed to have been met when the facility accumulates *** periods, producing *** gallons or more of biodiesel per *** hour period. 3.6.7 Contractor further warrants that the Work/Project shall demonstrate that is does not exceed those air emissions levels cumulatively allocable to the Project contained in, and does not violate the terms and conditions of, the air permits issues to the Owner for the Project. If the Project fails to meet such air emission levels, then Contractor, at Contractor’s sole cost and expense, shall correct any defects of deficiencies in the Work/Project as necessary so that the Project does not violate or exceed such air emissions levels set forth in the air permits. Contractor shall continue to take corrective measures until subsequent performance tests demonstrate that the Project does not exceed the air emissions levels and otherwise complies with the performance requirements. 3.6.8 The standard of care for all design and construction services performed by Contractor shall be the care and skill ordinarily used by members of the design and construction profession practicing under similar conditions at the same time and locality of the project. Notwithstanding this standard of care, the parties have agreed upon specific performance standards for certain aspects of the Work, which standards should be set forth in any performance guarantee criteria. The design and construction professional services shall be performed to achieve such standards.

Warranties and Completion. 3.6.1 3.8.1 The Contractor Design-Builder warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date Date of Substantial Completion of the Work or of a designated portionWork. The Contractor Design-Builder agrees to correct all construction performed under this Agreement which proves to be is defective in workmanship and or materials within a period of one year two years from the date Date of Substantial Completion as set forth in Paragraph 6.2 or for such longer or shorter periods of time as may be set forth with respect to specific warranties required by the Contract Documents. The Design-Builder shall advise the Owner of any additional expense to be included in the Cost of the Work for obtaining a duration in excess of the one year standard for specific warranties required by the Contract Documents. 3.6.2 Those 3.8.2 To the extent products, equipment, systems or materials incorporated in the Work at are specified and purchased by the direction of or upon the specific request of the Owner Owner, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereofof any such warranty. All other warranties expressed To the extent products, equipment, systems or implied including materials incorporated in the Work are specified by the Owner but purchased by the Design-Builder and are inconsistent with selection criteria that otherwise would have been followed by the Design-Builder, the Design-Builder shall assist the Owner in pursuing warranty of merchantability and the warranty of fitness for a particular purpose are expressly disclaimedclaims. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 3.6.3 3.8.3 The Contractor Design-Builder shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.6.4 3.8.4 The Contract Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Owner in a format directed by the Owner. 3.6.5 3.8.5 With the assistance of the Owner’s maintenance personnel, the Contractor Design-Builder shall direct the checkout of utilities and operations start up operations, and adjusting and balancing of systems and equipment for readiness, and assist in their initial state-up and testing. *** Confidential material redacted and filed separately with the Commission 3.6.6 Contractor guarantees and warrants that the Work/Project will achieve the performance requirements with respect to the operation of the Work/Project set forth in that certain Process Guarantee letter dated June 23, 2006, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. In the event of Contractor’s breach of this Agreement and warranty, Contractor shall take all action as necessary to remedy the deficiencies that prevented the successful achievement of the performance requirements at Contractor’s sole cost and expense. Performance tests will be conducted jointly by Contractor and Owner to verify achievement of the performance requirements. If the performance tests fail to achieve the performance requirements, Contractor shall promptly take such action as may be necessary to remedy, at its expense, all deficiencies which prevented the successful completion of the performance test. Contractor shall be required at its sole cost and expense, to conduct one or more additional performance tests, until such time that the performance tests confirm that the corrective measures have corrected the deficiencies and the Work/Project meets the performance requirements. The Process Guarantee shall be deemed to have been met when the facility accumulates *** periods, producing *** gallons or more of biodiesel per *** hour period. 3.6.7 Contractor further warrants that the Work/Project shall demonstrate that is does not exceed those air emissions levels cumulatively allocable to the Project contained in, and does not violate the terms and conditions of, the air permits issues to the Owner for the Project. If the Project fails to meet such air emission levels, then Contractor, at Contractor’s sole cost and expense, shall correct any defects of deficiencies in the Work/Project as necessary so that the Project does not violate or exceed such air emissions levels set forth in the air permits. Contractor shall continue to take corrective measures until subsequent performance tests demonstrate that the Project does not exceed the air emissions levels and otherwise complies with the performance requirements. 3.6.8 The standard of care for all design and construction services performed by Contractor shall be the care and skill ordinarily used by members of the design and construction profession practicing under similar conditions at the same time and locality of the project. Notwithstanding this standard of care, the parties have agreed upon specific performance standards for certain aspects of the Work, which standards should be set forth in any performance guarantee criteria. The design and construction professional services shall be performed to achieve such standards.

Warranties and Completion. 3.6.1 3.7.1 The Contractor Design-Builder warrants that all materials and equipment furnished under this Agreement will be new unless otherwise specifiednew, of good quality quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Phase 1 Completion of the Work or of a designated portionDate. The Contractor Design-Builder agrees to correct all construction performed under this Agreement which proves to be is defective in construction workmanship and or materials within a period of one year from the date Date of "Substantial Completion Construction Completion" (as set forth such term is defined in Paragraph 6.2 or for such longer periods of time as may be set forth with respect to specific warranties required the Phase 2 Design-Build Agreement). Corrective Work performed by the Contract DocumentsDesign-Builder to accomplish that purpose shall be subject to an additional express warranty as provided for in this Section 3.7.1 that shall last until the earlier of (a) one year from the date such corrective Work is completed or (b) eighteen months from the Date of "Substantial Construction Completion" (as such term is defined in the Phase 2 Design-Build Agreement). 3.6.2 Those 3.7.2 To the extent products, equipment, systems or materials incorporated in the Work at are specified and purchased by the direction of or upon the specific request of the Owner Owner; they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which that extend beyond the description on the face thereofof any such warranty. All other warranties expressed To the extent products, equipment, systems or implied including materials incorporated in the Work are specified by the Owner but purchased by the Design-Builder and are inconsistent with selection criteria that otherwise would have been followed by the Design-Builder, the Design-Builder shall assist the Owner in pursuing warranty claims. A list of merchantability and all material items purchased by the warranty of fitness for a particular purpose Design-Builder that are expressly disclaimedinconsistent with the selection criteria that otherwise would have been followed by the Design-Builder is set forth on Exhibit M. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 3.6.3 3.7.3 The Contractor Design-Builder shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.6.4 3.7.4 The Contract Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Owner in a format directed by the Owner. 3.6.5 3.7.5 With the assistance of the Owner’s 's maintenance personnel, the Contractor Design-Builder shall direct the checkout of utilities and operations start up operations, and adjusting and balancing of systems and equipment for readiness, and assist in their initial state-up and testing. *** Confidential material redacted and filed separately with the Commission 3.6.6 Contractor guarantees and warrants that the Work/Project will achieve the performance requirements with respect to the operation of the Work/Project set forth in that certain Process Guarantee letter dated June 23, 2006, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. In the event of Contractor’s breach of this Agreement and warranty, Contractor shall take all action as necessary to remedy the deficiencies that prevented the successful achievement of the performance requirements at Contractor’s sole cost and expense. Performance tests will be conducted jointly by Contractor and Owner to verify achievement of the performance requirements. If the performance tests fail to achieve the performance requirements, Contractor shall promptly take such action as may be necessary to remedy, at its expense, all deficiencies which prevented the successful completion of the performance test. Contractor shall be required at its sole cost and expense, to conduct one or more additional performance tests, until such time that the performance tests confirm that the corrective measures have corrected the deficiencies and the Work/Project meets the performance requirements. The Process Guarantee shall be deemed to have been met when the facility accumulates *** periods, producing *** gallons or more of biodiesel per *** hour period. 3.6.7 Contractor further warrants that the Work/Project shall demonstrate that is does not exceed those air emissions levels cumulatively allocable to the Project contained in, and does not violate the terms and conditions of, the air permits issues to the Owner for the Project. If the Project fails to meet such air emission levels, then Contractor, at Contractor’s sole cost and expense, shall correct any defects of deficiencies in the Work/Project as necessary so that the Project does not violate or exceed such air emissions levels set forth in the air permits. Contractor shall continue to take corrective measures until subsequent performance tests demonstrate that the Project does not exceed the air emissions levels and otherwise complies with the performance requirements. 3.6.8 The standard of care for all design and construction services performed by Contractor shall be the care and skill ordinarily used by members of the design and construction profession practicing under similar conditions at the same time and locality of the project. Notwithstanding this standard of care, the parties have agreed upon specific performance standards for certain aspects of the Work, which standards should be set forth in any performance guarantee criteria. The design and construction professional services shall be performed to achieve such standards.