Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work. 14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents: 14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or 14.1.2.2 The date that commissioning for the Project, if any, was completed. 14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District. 14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand. 14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract. 14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District. 14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 23 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 4 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
Warranty/Guarantee. 14.1.1 The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board , or its agent, of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 3 contracts
Samples: General Construction Agreement, Facilities Lease, Facilities Lease
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE TWO (12) year years after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE TWO (12) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 3 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE TWO (12) year years after the later of the following datesdate, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance of the Notice Of Completion (NOC) by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE TWO (12) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.specified
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 3 contracts
Samples: General Construction Agreement, General Construction Agreement, General Construction Agreement
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.or
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 2 contracts
Samples: General Construction Agreement, General Construction Agreement
Warranty/Guarantee. 14.1.1 13.1.1 The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 . In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later date of the following datescompletion as defined in Public Contract Code section 7107, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 subdivision (c). If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, above without expense whatsoever to District.
14.1.4 . In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 13.1.2 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 13.1.3 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 13.1.4 Nothing herein shall limit any other rights or remedies available to District.
Appears in 2 contracts
Samples: Facilities Lease Construction Provisions, Facilities Lease Construction Provisions
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 2 contracts
Samples: General Construction Agreement, General Construction Agreement
Warranty/Guarantee. 14.1.1 Developer The Contractor shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 . In addition to guarantees and warranties required elsewhere, Developer Contractor shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates: Project Completion, unless a longer period is provided The final commissioning date for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Workall systems, subject to these General Conditions, or
14.1.2.2 The date equipment and components that commissioning for are within the Project, if any. At the District’s sole option, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer Contractor shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, above without expense whatsoever to District.
14.1.4 . In the event of failure of Developer Contractor and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer Contractor and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer Contractor and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if . If, in the opinion of District said District, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer Contractor or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer Contractor and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 . The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer Contractor shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 . Nothing herein shall limit any other rights or remedies available to District. Indemnity Contractor shall indemnify the District as indicated in the Facilities Lease.
Appears in 1 contract
Samples: Site Lease
Warranty/Guarantee. 14.1.1 14.1. 1The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In 14.1. 2In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE TWO (12) year years after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If 14.1. 3If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE TWO (12) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In 14.1. 4In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If 14.1. 5If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 The 14.1. 6The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing 14.1. 7Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: General Construction Agreement
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE TWO (12) year years after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: General Construction Agreement
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE TWO (12) year years after the later of the following datesdate, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance of the Notice Of Completion (NOC) by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE TWO (12) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: General Construction Agreement
Warranty/Guarantee. 14.1.1 The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board , or its agent, of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.. D R A F T
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: General Construction Agreement
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE of: One (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.any
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: General Construction Agreement
Warranty/Guarantee. 14.1.1 14.1.1. The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 14.1.2. In addition to guarantees and warranties required elsewhere, Developer Contractor shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 14.1.2.1. The acceptance by the District’s governing board date of the Workcompletion as defined in Public Contract Code section 7107, subject to these General Conditionssubdivision (c), or
14.1.2.2 14.1.2.2. The commissioning date that commissioning for the Project, if any, was completed.
14.1.3 14.1.3. If any work is not in compliance with the Drawings and Specifications, at the District’s sole option, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, above without expense whatsoever to District.
14.1.4 14.1.4. In the event of failure of Developer and/or and/ or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and and/or Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If 14.1.5. After it has been determined by the District and the Developer that any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The District shall have the right to charge the Developer the costs of correction or attention shall be charged against Developer and Surety of for the guarantees or warranties provided in this Article or elsewhere in this Contractcorrections necessary to correct the work.
14.1.6 14.1.6. The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 14.1.7. Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: Facilities Lease
Warranty/Guarantee. 14.1.1 A. Developer shall obtain warrant that all Public Improvements constructed pursuant to any applicable construction permit shall be free from defects, including, but not limited to, defects of materials, workmanship and preserve for design, and that the benefit Public Improvements will otherwise fully comply with all applicable provisions of the District, manufacturer’s warranties on materials, fixtures, Standards and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects Specifications for a period of ONE no less than two (2) years from the date of Initial Acceptance or until 80% of the building permits have been issued for the Property, whichever is longer.
B. The Developer shall provide a Warranty Guarantee equal to 15% of the total estimated cost of the Public Improvements, excluding Landscape Improvements as provided in Section 5.06. The Warranty Guarantee shall be in the form of cash, a cashier’s check, an irrevocable letter of credit, assignment of funds, or a warranty bond; a performance bond shall not be used as a substitute for a warranty guarantee. The entity issuing a warranty bond shall have at least an "A" rating from Xxxxx'x, or an equivalent rating as designated by a nationally recognized ratings firm, and shall additionally be included in the most recent listing of companies holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, Department of Treasury, Circular 570. Warranty bonds shall be on the standard bond form as approved and provided by the City. An irrevocable letter of credit shall be on the standard letter of credit form as approved by the City and in accordance with finance directive 92-1. The Warranty Guarantee shall provide security for the costs which may be necessary in repairing and/or replacing Improvements during the two year warranty period following Initial Acceptance of the Public Improvements by the City.
C. In the event that any substantial repair or replacement is required to any of the Public Improvements during the warranty period and such repair or replacement is not timely made upon notice to the Developer and or in any event before the expiration of the warranty period, the City may elect to:
1. Extend the warranty period for up to one (1) additional year after past the later original expiration following Initial Acceptance of the following datescompleted repair or replacement;
2. Adjust the amount or term of the Warranty Guarantee, unless as may be appropriate;
3. Declare the Developer in default to the Developer pursuant to Section 15.00 and draw on the Warranty Guarantee in order to repair or replace the nonconforming Improvements; or
4. Issue a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance stop work order, as defined by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings Standards and Specifications, Developer shall until repair or replace replacement of any nonconforming Public Improvements have been performed and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in Finally Accepted by the Contract Documents, without expense whatsoever to DistrictCity.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: Developer's Agreement
Warranty/Guarantee. 14.1.1 The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: Facilities Lease
Warranty/Guarantee. 14.1.1 Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contract.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.a
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: Facilities Lease
Warranty/Guarantee. 14.1.1 The extension work performed under this agreement will be guaranteed by the Developer shall obtain during the Warranty Period, as defined herein, against defective design elements, materials, equipment, and preserve workmanship and will also include the landscape establishment required in the Construction Standards per Section 8-02.3(13) (Plant Establishment). On receipt of notice from the City of failure of any part of the design, material, equipment, or workmanship during the warranty period, the affected part or parts will be re-designed and/or replaced with new materials or equipment by, and at the expense of, the Developer. Developer agrees to start work to remedy any defect within seven (7) days of written notice by the City and will complete the required work within a reasonable period of time. The warranty period for this project will be 1-year, except as noted herein, and will begin on the date the City has accepted all extension work as complete and final. When partial acceptance has been granted, the warranty period will not begin until all work is complete and accepted. The warranty period for the benefit sewer lift station and traffic signal work will be 2-years. Before Final Acceptance by the City, the Developer will provide a Warranty Guarantee in the amount of two thousand dollars ($2,000) or ten percent (10%) of the DistrictCity's estimated replacement costs of the improvements, manufacturer’s warranties whichever is greater. Two forms of Warranty Guarantees are acceptable: 1) a Warranty Bond or 2) an Assignment of Funds. Any request to use other forms of Warranty Guarantee will be determined on materialsa case by case basis by the City Engineer. The City Engineer may authorize another form of Warranty Guarantee if the City Engineer determines that the proposed guarantee will provide an equivalent level of security. The Developer may designate as an Agent, fixturesa contractor or engineer, to provide the required Warranty Guarantee to the City. In that event, the Developer will remain responsible for the contractual obligations set forth in this agreement. If the Agent defaults on the Warranty Bond, this authorization for designation of an Agent does not preclude the City proceeding to foreclosure or demanding forfeiture of the bond against the Developer. The Developer will bear the full expense of the bond. If at any time a surety on any bond is declared bankrupt, loses its right to do business in the State of Washington, or is removed from the list of Surety companies acceptable on Federal bonds, the Developer will substitute an acceptable bond or bonds in that form and sum and signed by that other surety or sureties as may be satisfactory to the City. The Assignment of Funds will be in a required amount held in a Financial Institution acceptable by the City and secured under the use of the City of Auburn Standard Assignment of Funds form. During this Warranty Guarantee period, the Developer will warrant that the materials and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning Developer for the Project, if any, was completed.
14.1.3 If any work is not Extension are in compliance with normal working order and condition except where abused or neglected by the Drawings and Specifications, City. The Developer shall will guarantee that it will repair or replace at its own expense any work or material that proves to be defective during that warranty period. The Developer will be available approximately 60 calendar days prior to the expiration of the guarantee period to tour the project, with the City, in support of the City’s effort to establish a list of corrective work required under the guarantee. Not more than 30-days prior to this inspection, the Developer will have all public sanitary sewer and storm lines cleaned and then inspected with a remote television unit by an approved firm, at the Developer’s expense. The video will then be compared to the video made prior to acceptance to ensure that no substantial change has occurred. If the City determines that there are no defective design elements, materials, equipment, and workmanship the City will release the Warranty Bond. If the re-inspection determines that there are defective design elements, materials, equipment, and workmanship, the Developer will re- design, replace, or repair said Extension and the City, at its option, may extend the warranty period for that replacement or repair for up to 1-year. The City will release the Warranty Bond after the warranty period has expired and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operations, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as extensions are determined by Districtthe City to not have defective design elements, District maymaterials, notwithstanding the above provisionequipment, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this Contractworkmanship.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Warranty/Guarantee. 14.1.1 The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE of: One (1) year for interior finishes; and Two (2) years for exterior finishes and mechanical, electrical, and plumbing installations. Such warranty shall commence after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, or
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: General Construction Agreement
Warranty/Guarantee. 14.1.1 The Developer shall obtain and preserve for the benefit of the District, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees and warranties required elsewhere, Developer shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of ONE (1) year after the later of the following dates, unless a longer period is provided for in the Contract Documents:
14.1.2.1 The acceptance by the District’s governing board of the Work, subject to these General Conditions, oror D R A F T
14.1.2.2 The date that commissioning for the Project, if any, was completed.
14.1.3 If any work is not in compliance with the Drawings and Specifications, Developer shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within a ONE (1) year period from date of completion as defined above, unless a longer period is provided for in the Contract Documents, without expense whatsoever to District.
14.1.4 In the event of failure of Developer and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, Developer and Surety hereby acknowledge and agree that District is authorized to proceed to have defects repaired and made good at expense of Developer and/or Surety who hereby agree to pay costs and charges therefore immediately on demand.
14.1.5 If any work is not in compliance with the Drawings and Specifications and if in the opinion of District said defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to District or to prevent interruption of District operationsoperations of District, District will attempt to give the notice required above. If Developer or Surety cannot be contacted or neither complies with District's request for correction within a reasonable time as determined by District, District may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the District believes are necessary. The costs of correction or attention shall be charged against Developer and Surety of the guarantees or warranties provided in this Article or elsewhere in this ContractAgreement.
14.1.6 The above provisions do not in any way limit the guarantees or warranties on any items for which a longer guarantee or warranty is specified or on any items for which a manufacturer gives a guarantee or warranty for a longer period. Developer shall furnish to District all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by District.
14.1.7 Nothing herein shall limit any other rights or remedies available to District.
Appears in 1 contract
Samples: General Construction Agreement