Warranties of the Services; Correction of Defective Services. Contractor warrants to District that the Services will be free from defects, that the Services will meet the performance standards described in Exhibit A, and that the performance of the Services will comply with applicable laws and regulations, including without limitation, the rules of TCEQ codified at 30 TAC § 213.5(c)(3)(E). Services not conforming to these requirements may be considered defective. Contractor shall promptly correct any Services determined by District to be defective or to fail to conform to the requirements of this Agreement, whether discovered before or after the Completion Date. Costs of correcting such defective or nonconforming Services shall be at Contractor’s expense. In addition to the foregoing, if, within one year after the date of completion, any of the Services are deemed by District not to be in accordance with the requirements of this Agreement, Contractor shall correct it promptly after receipt of written notice from District to do so. If Contractor fails to correct defective or nonconforming Services within a reasonable time, District may correct such defective or non-conforming Services and may deduct the reasonable cost thereof from any payment then or thereafter due Contractor.
Warranties of the Services; Correction of Defective Services. Contractor warrants to the Town that the performance of the Services will be free from defects not inherent in the quality required or permitted and that the performance of the Services will comply with applicable laws and regulations. Services not conforming to these requirements may be considered defective. The foregoing warranties shall commence on the date of final completion of the Services and acceptance by the Town (the “Completion Date”). Contractor shall promptly correct any Services determined by the Town to be defective or to fail to conform to the requirements of this Agreement, whether discovered before or after the Completion Date. Costs of correcting such defective or nonconforming Services shall be at Contractor’s expense. In addition to the foregoing, if, within one year after the date for commencement of warranties established herein, any of the Services is deemed by the Town not to be in accordance with the requirements of this Agreement; Contractor shall correct it promptly after receipt of written notice from the Town to do so. Contractor further agrees to perform the Services in such manner so as to preserve any and all manufacturer’s warranties associated with the materials. The provisions of this Section shall survive final completion of the Services or any earlier termination of this Agreement.
