Common use of Warranties of Quality and Condition Clause in Contracts

Warranties of Quality and Condition. 4.2.1 Artist represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Work) for one year after the date of Final Acceptance. 4.2.2 Artist represents and warrants that the Work and the materials used are not currently known to be harmful to public health and safety. 4.2.3 If within one year Contract Manager observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the Artist shall, at the request of the Contract Manager, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to City or Contract Manager. Contract Manager shall give notice to Artist of such breach with reasonable promptness. 4.2.4 If after one year Contract Manager observes any breach of warranty described in this Section 4.2 that is curable by the Artist, Contract Manager shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall have the right of first refusal to make or supervise repairs or restorations. Should Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, Contract Manager may seek the services of a qualified restorative conservator and maintenance expert. 4.2.5 If within one year Contract Manager observes any breach of warranty described in this Section 4.2 that is not curable by the Artist, Artist is responsible for reimbursing Contract Manager for damages, expenses and loss incurred by Contract Manager as a result of the breach. However, if Artist disclosed the risk of this breach in the Proposal and Contract Manager accepted that it may occur, it shall not be deemed a breach for purposes of this Section 4.2.

Warranties of Quality and Condition. 4.2.1 3.2.1. The Artist represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the WorkArtwork) for one year two (2) years after the date of Final Acceptancefinal acceptance by the Client under paragraph 1.10.2. 4.2.2 3.2.2. The Artist represents and warrants that the Work Artwork and the materials used are not currently known to be harmful to public health and safety. 4.2.3 3.2.3. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the Artist pursuant to paragraph 1.1.13. 3.2.4. If within one this two (2) year Contract Manager period the Client observes any breach of warranty described in this Article 3, Section 4.2 2 that is curable by the Artist, the Artist shall, at the request of the Contract ManagerClient, cure the breach promptly, satisfactorily satisfactorily, and consistent with professional conservation standards, at no expense to City or Contract Managerthe Client. Contract Manager The Client shall give notice to the Artist of such breach with reasonable promptness. 4.2.4 3.2.5. If after one year Contract Manager two (2) years the Client observes any a breach of warranty described in this Article 3, Section 4.2 2 that is curable by the Artist, Contract Manager the Client shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist's lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under by industry standards (as solely defined by Client), the industry standard, Contract Manager Client may seek the services of a qualified restorative conservator and maintenance expert. 4.2.5 3.2.6. If within one year Contract Manager two (2) years the Client observes any a breach of warranty described in this Article 3, Section 4.2 2 that is not curable by the Artist, the Artist is responsible for reimbursing Contract Manager the Client for damages, expenses expenses, and loss incurred by Contract Manager the Client as a result of the breach. However, if the Artist disclosed the risk of this breach in the Proposal Approved Artwork and Contract Manager the Client accepted that it may occur, it shall not be deemed a breach for purposes of this Article 3, Section 4.22 of this Agreement.