WARRANTY & INDEMNITY. 5.1 Subcontractor warrants the quality of all materials and workmanship for a period of five years. Any defects in the materials or workmanship will be repaired or replaced at no cost to Contractor. 5.2 Subcontractor shall defend, indemnify and hold harmless Contractor against all claims, liabilities, expenses, costs, loss or damage of whatsoever nature (including legal costs on a full indemnity basis incurred by Contractor) brought against, suffered or incurred by Contractor, and defend any suit brought against Owner, arising out of or in connection with this Agreement, including without prejudice to the generality of the foregoing: a. Any breach of the terms and conditions of this Agreement by the Subcontractor; b. Any act, omission, fraud and negligence or default whatsoever of Subcontractor, employees or agents employed by Subcontractor to perform its obligations hereunder; c. Any wrongful, incorrect, dishonest, criminal, fraudulent or negligent work, misfeasance, bad faith, disregard of its duties and obligations hereunder, service, act or omission of /by Subcontractor or any of its personnel.
Appears in 4 contracts
Samples: Roof Subcontractor Agreement, Hvac Subcontractor Agreement, Roof Subcontractor Agreement
WARRANTY & INDEMNITY. 5.1 Subcontractor warrants the quality of all materials and workmanship for a period of five years. Any defects in the materials or workmanship will be repaired or replaced at no cost to Contractor.
5.2 Subcontractor shall defend, indemnify and hold harmless Contractor against all claims, liabilities, expenses, costs, loss or damage of whatsoever nature (including legal costs on a full indemnity basis incurred by Contractor) brought against, suffered or incurred by Contractor, and defend any suit brought against Owner, arising out of or in connection with this Agreement, including without prejudice to the generality of the foregoing:
a. : Any breach of the terms and conditions of this Agreement by the Subcontractor;
b. ; Any act, omission, fraud and negligence or default whatsoever of Subcontractor, employees or agents employed by Subcontractor to perform its obligations hereunder;
c. ; Any wrongful, incorrect, dishonest, criminal, fraudulent or negligent work, misfeasance, bad faith, disregard of its duties and obligations hereunder, service, act or omission of /by Subcontractor or any of its personnel.
Appears in 4 contracts
Samples: Home Foundation Subcontractor Services Agreement, Roof Subcontractor Agreement, Hvac Subcontractor Agreement