Common use of Warranties and Completion Clause in Contracts

Warranties and Completion. 3.8.1 The 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, 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. The Design-Builder agrees to correct all construction performed under this Agreement which is defective in workmanship or materials within a period of one year from the Date of Substantial Completion or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. 3.8.2 To the extent products, equipment, systems or materials incorporated in the Work are specified and purchased by the Commission, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. The Design-Builder shall assist the Commission in pursuing warranty 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 right to modify this document and provide a revised Sample to Phase II Proposers. 3.8.3 The Design-Builder shall secure any and all required certificates of inspection, testing or approval and deliver them to the Commission. 3.8.4 The Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Commission in a format directed by the Commission. 3.8.5 The Design-Builder shall direct the commissioning checkout of utilities and start- up operations, and adjusting and balancing of systems and equipment for readiness. SAMPLE

Warranties and Completion. 3.8.1 3.6.1 The Design-Builder Contractor 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 WorkWork or of a designated portion. The Design-Builder Contractor agrees to correct all construction performed under this Agreement which is proves to be defective in workmanship or and 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. 3.8.2 To the extent 3.6.2 Those products, equipment, systems or materials incorporated in the Work are specified and purchased by at the Commission, they 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 any such warranty. The Design-Builder shall assist merchantability and the Commission in pursuing warranty 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 of fitness for a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposersparticular purpose are expressly disclaimed. 3.8.3 3.6.3 The Design-Builder Contractor shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 3.6.4 The Design-Builder Contract shall collect all written warranties and equipment manuals and deliver them to the Commission in a format directed by the CommissionOwner. 3.8.5 The Design-Builder 3.6.5 With the assistance of the Owner’s maintenance personnel, the Contractor shall direct the commissioning checkout of utilities and start- up operations, and adjusting and balancing operations of systems and equipment for readiness, and assist in their initial state-up and testing. SAMPLE*** 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. 3.8.1 3.7.1 The Design-Builder Contractor warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good the best 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 WorkWork or of a designated portion. The Design-Builder Contractor agrees to correct all construction performed under this Agreement which is proves to be defective in workmanship or and materials within a period of one year from the Date date of Substantial Completion of each designated portion of the work, or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents, provided that payment for original work performed has been made unless such failure to pay is a result of a material bona-fide dispute. 3.8.2 To the extent 3.7.2 Those products, equipment, systems or materials incorporated in the Work are specified and purchased by at the Commission, they 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 of the face of any such warranty. The Design-Builder shall assist the Commission in pursuing warranty 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 right to modify this document and provide a revised Sample to Phase II Proposersthereof. 3.8.3 3.7.3 The Design-Builder Contractor shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 3.7.4 The Design-Builder Contractor shall collect all written warranties and equipment manuals and deliver them to the Commission in a format directed by the CommissionOwner. 3.8.5 The Design-Builder 3.7.5 With the assistance of the Owner's maintenance personnel, the Contractor shall direct the commissioning checkout check-out of utilities and start- up operations, and adjusting and balancing operations of systems and equipment for readiness, and assist in their initial start-up and testing. 3.7.6 The Contractor shall maintain at the site of the Work, and cause its subcontractors to maintain, complete and accurate as-built drawings of the Work as it is performed. SAMPLEAs-built drawings will be delivered to the Owner upon completion of the Project, and shall be one of the precedents to final payment to the Contractor.

Warranties and Completion. 3.8.1 3.6.1 The Design-Builder Contractor 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 WorkWork or of a designated portion. The Design-Builder Contractor agrees to correct all construction performed under this Agreement which is proves to be defective in workmanship or and 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. 3.8.2 To the extent 3.6.2 Those products, equipment, systems or materials incorporated in the Work are specified and purchased by at the Commission, they 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 any such warranty. The Design-Builder shall assist merchantability and the Commission in pursuing warranty 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 of fitness for a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposersparticular purpose are expressly disclaimed. 3.8.3 3.6.3 The Design-Builder Contractor shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 3.6.4 The Design-Builder Contract shall collect all written warranties and equipment manuals and deliver them to the Commission in a format directed by the CommissionOwner. 3.8.5 The Design-Builder 3.6.5 With the assistance of the Owner’s maintenance personnel, the Contractor shall direct the commissioning checkout of utilities and start- up operations, and adjusting and balancing operations of systems and equipment for readiness, and assist in their initial state-up and testing. 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 January 11, 2005, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. SAMPLEIn 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. 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.

Warranties and Completion. 3.8.1 3.7.1. The Design-Builder Contractor warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship workmanship, materials and hazardous materials. Warranties shall commence on the Date date of Substantial Completion of the WorkWork or of a designated portion. Buildings shall be weathertight, watertight, and leak- proof at every point in every area, except where leaks can be attributed to damage to the building by external forces beyond the Contractor’s control. The Design-Builder Contractor also shall repair or replace any damaged material, finishes or fixtures damaged as a result of this water penetration. The Work shall be mold free at the time of Final Completion. The Contractor agrees to correct all construction performed under this Agreement which is proves to be defective in workmanship or and materials within a period of one year two years from the Date date of Substantial Completion or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract DocumentsDocuments or offered as a manufacturer’s standard warranty. 3.8.2 To 3.7.2. The Contractor agrees to respond to the extent productswarranty request within forty-eight (48) hours, equipment, and then commence and diligently pursue remedy or repair within five work days. Warranty requests which adversely effect the operation of critical building systems or materials incorporated life safety issues shall be responded to immediately and corrected as quickly as possible. Neither final payment nor any other provision in this Contract shall relieve the Work are specified and purchased Contractor of the sole responsibility to such corrective work. If the Contractor fails to commence the corrective work in a timely manner, the Owner, at his option, may perform the corrective work or have the same performed at the expense of the Contractor, with payment due to the Owner by the CommissionContractor, they or his surety, upon receipt for the expenses. Corrective Work shall be covered exclusively by warranted to be free of defects for a period equal to the longer of six months after completion of the corrective Work or for the remainder of the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warrantyperiod otherwise applicable. 3.7.3. The Design-Builder shall assist the Commission in pursuing warranty 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 right to modify this document and provide a revised Sample to Phase II Proposers. 3.8.3 The Design-Builder Contractor shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 3.7.4. The Design-Builder Contractor shall collect all written warranties and equipment manuals and deliver them to the Commission in a format directed by the CommissionOwner. 3.8.5 The Design-Builder 3.7.5. With the assistance of the Owner’s maintenance personnel, the Contractor shall direct the commissioning checkout of utilities and start- up operations, and adjusting and balancing operations of systems and equipment for readiness. SAMPLE, and assist in their initial start-up and testing, and Owner training.

Warranties and Completion. 3.8.1 3.7.1 The Design-Builder warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specifiednew, of good 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 WorkDate. The Design-Builder agrees to correct all construction performed under this Agreement which is defective in construction workmanship or materials within a period of one year from the Date of "Substantial Completion or for Construction Completion" (as such longer periods of time as may be set forth with respect to specific warranties required term is defined in 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). 3.8.2 3.7.2 To the extent products, equipment, systems or materials incorporated in the Work are specified and purchased by the Commission, 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 of any such warranty. The To the extent products, equipment, systems or 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 Commission Owner in pursuing warranty claims. A list of all material items purchased by the Design-Builder that are inconsistent 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. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers. 3.8.3 3.7.3 The Design-Builder shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 3.7.4 The Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Commission Owner in a format directed by the CommissionOwner. 3.8.5 The 3.7.5 With the assistance of the Owner's maintenance personnel, the Design-Builder shall direct the commissioning checkout of utilities and start- start up operations, and adjusting and balancing of systems and equipment for readiness. SAMPLE.

Warranties and Completion. 3.8.1 The 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, 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 WorkWork or of a designated portion. The Design-Builder agrees to correct all construction performed under this Agreement which is proves to be defective in workmanship 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. 3.8.2 To the extent products, equipment, systems or materials incorporated in the Work are specified and purchased by the CommissionOwner, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warrantythereof. The To the extent products, equipment, systems or 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 Commission Owner in pursuing warranty 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 right to modify this document and provide a revised Sample to Phase II Proposers. 3.8.3 The Design-Builder shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 The Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Commission Owner in a format directed by the CommissionOwner. 3.8.5 The With the assistance of the Owner’s representative the Design-Builder shall direct the commissioning checkout of utilities and start- start up operations, and adjusting and balancing of systems and equipment for readiness. SAMPLE.

Warranties and Completion. 3.8.1 3.6.1 The Design-Builder Contractor warrants that all materials and equipment furnished under the Construction Phase of 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 date of Substantial Completion of the WorkCompletion. The Design-Builder Contractor agrees to correct all construction performed under this Agreement which is proves to be defective in workmanship or and materials within a period of such one year from the Date of Substantial Completion period or for such longer periods of time as may be set forth with respect to specific warranties for equipment, parts or other items required by the Contract Documents. 3.8.2 To the extent 3.6.2 Those products, equipment, systems or materials incorporated in the Work are specified and purchased by at the Commission, they 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 of any such warranty. The Design-Builder shall assist the Commission in pursuing warranty 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 right to modify this document and provide a revised Sample to Phase II Proposersthereof. 3.8.3 3.6.3 The Design-Builder Contractor shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 3.6.4 The Design-Builder Contractor shall collect all written warranties and equipment manuals and deliver them to the Commission in a format directed by the CommissionOwner. 3.8.5 The Design-Builder 3.6.5 With the assistance of the Owner’s maintenance personnel, the Contractor shall direct the commissioning checkout of utilities and start- up operations, and adjusting and balancing operations of systems and equipment for readiness, and assist in their initial start-up and testing. 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 as set forth in that certain Process Guarantee Letter dated April 7, 2008, by and between the Contractor and the Owner, which Process Guarantee Letter is incorporated into this Agreement (“Process Guarantee Letter”). SAMPLEIn the event of non compliance with the performance requirements set forth in the Process Guarantee Letter, 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. Compliance with the performance requirements of the Process Guarantee Letter shall be deemed to have been met when the cold filtration process accumulates three 24-hour periods of operation producing soy biodiesel that passes the “ASTM D6217-98(2003)e1 Modified” test at a rate equal to or greater than 41,287 lbs per hour and when the FFA process accumulates one 24-hour period of operation producing biodiesel feedstock with an equal to or less than 0.05% FFA at a rate equal to 42,187 lbs per hour, all in accordance with the performance requirements set forth in the Process Guarantee Letter. 3.6.7 Contractor further warrants that the Work/Project shall demonstrate that it does not exceed those air emission levels cumulatively allocable to the Project contained in, and does not violate the terms and conditions of the air permits issued to the Owner for the Project. If the Project fails to meet such air emission levels, the Contractor, at Contractor’s sole cost and expense, shall correct any defects or deficiencies in the Work/Project as necessary so that the Project does not violate or exceed such air emission 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 emission 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 with experience in designing and building biodiesel production facilities. Notwithstanding this standard of care, the parties have agreed upon specific performance standards for certain aspects of the Work, which standards have been or will be set forth in any performance guarantee criteria. The design and construction professional services shall be performed to achieve such standards. 3.6.9 The warranty provided by the Contractor in this Agreement shall be void and the Contractor shall not be responsible for any loss, injury or damage or failure of process or equipment, if any modifications are made by the Owner to the Work/Project, or any material modifications to the process, or the equipment, used in the operation of the Project, without the Contractor’s prior written approval or direction in writing, or arise due to a failure to operate, use or maintain the Project in accordance with the operating manuals or the written directions of the Contractor as provided to the Owner. 3.6.10 Notwithstanding anything in this Agreement, the Contractor’s liability with respect to all equipment and services manufactured or supplied by Crown shall be limited to procuring warranties and guarantees provided by such entities and the rendering of all reasonable assistance to the Owner for the purpose of enforcing the same, provided that nothing in this section shall derogate Contractor’s obligations pursuant to this Agreement to properly perform the Work and achieve Substantial Completion.

Warranties and Completion. 3.8.1 The 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, 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. The Design-Builder agrees to correct all construction performed under this Agreement which is defective in workmanship or materials within a period of one year two years from the Date of Substantial Completion 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. 3.8.2 To the extent products, equipment, systems or materials incorporated in the Work are specified and purchased by the CommissionOwner, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. The To the extent products, equipment, systems or 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 Commission Owner in pursuing warranty 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 right to modify this document and provide a revised Sample to Phase II Proposers. 3.8.3 The Design-Builder shall secure any and all required certificates of inspection, testing or approval and deliver them to the CommissionOwner. 3.8.4 The Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Commission Owner in a format directed by the CommissionOwner. 3.8.5 The With the assistance of the Owner’s maintenance personnel, the Design-Builder shall direct the commissioning checkout of utilities and start- start up operations, and adjusting and balancing of systems and equipment for readiness. SAMPLE.