Common use of WARRANTY OF CONSTRUCTION Clause in Contracts

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require- ments; or (2) Any defects of equipment, material, workmanship or design furnished by the Contractor. (c) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement. (d) The Contracting Officer shall notify the Contractor, in

WARRANTY OF CONSTRUCTION. (‌ a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor contractor or any subcontractor of b) The Exchange shall notify the contractor in writing within a reasonable time after the discovery of any failure, defect, or supplier damage. c) Should the contractor fail to remedy any failure, defect, or damage described in subparagraph "a" above within a reasonable time after receipt of notice thereof, the Exchange shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the contractor's expense. d) In addition to the other rights and remedies provided by this clause, all subcontractors', manufacturers', and suppliers' warranties, express or implied, respecting any work and materials, shall at the direction of Exchange, be enforced by the contractor for the benefit of the Exchange. In such case if the contractor's warranty under subparagraph "a" above has expired, any suit directed by the Exchange to enforce a subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the Exchange. The contractor shall obtain any warranties which the subcontractors, manufacturers or suppliers would give in normal commercial practice. e) If directed by the contracting officer, the contractor shall require any such warranties to be executed in writing to either the Exchange or the government. f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the contractor or its subcontractors or suppliers at any tier. This warranty , the contractor shall continue not be liable for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession repair of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require- ments; or (2) Any defects of equipment, material, workmanship material or design furnished by the ContractorExchange nor for the repair of any damage which results from any such defect in Exchange-furnished material or design. (cg) The Contractor warranty specified herein shall restore any work damaged in fulfilling not limit the terms Exchange's right under the Inspection and conditions Acceptance clause of this clause. The Contractor’s warranty contract with respect to work repaired latent defects, gross mistake, or replaced will run for (one year unless otherwise indicated) from the date of repair or replacementfraud. (dh) Defects in design or manufacture of equipment specified by the Exchange on a "brand name and model" basis, shall not be included in this warranty. The Contracting Officer contractor shall notify require any subcontractors, manufacturers or suppliers thereof to execute their warranties in writing directly to either the Contractor, inExchange or the government as directed by the contracting officer.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require- ments; or (2) Any defects of equipment, material, workmanship or design furnished by the Contractor. (c) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement. (d) The Contracting Officer shall notify the Contractor, in

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, warrants that the work performed under this contract conforms confirms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier of this subcontractors and suppliers at any tier. This Such warranty shall continue continue\e for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of , but with respect to any part of the work before which the Government takes possession of prior to final acceptance, this such warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA Government takes extension of timepossession. possession. (j) The Under this warranty, the Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, remedy at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under his own expense any warranty or guarantee. expense, any such failure to conform, confirm or any such defect. In addition, the Contractor shall remedy, remedy at the Contractor’s expense, his own expense any damage to PHA-Government owned or controlled real or personal property property, when the that damage is the result of— (1) The of the Contractor’s failure to conform confirm to contract require- ments; or (2) Any defects requirement or any such defect of equipment, material, workmanship workmanship, or design furnished by the Contractor. (c) design. The Contractor shall also restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced hereunder will run for (one year unless otherwise indicated) from the date of such repair or replacement. (db) The Contracting Officer Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. (c) Should the Contractor fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s expense. (d) In addition to the rights and remedies provided by this clause, inall sub-contractor’s, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractors, manufactures or suppliers warranty shall be at the expense of the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed to the Government. (f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, warrants that the work performed under this contract conforms confirms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier of this subcontractors and suppliers at any tier. This Such warranty shall continue continue\e for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of , but with respect to any part of the work before which the Government takes possession of prior to final acceptance, this such warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA Government takes extension of timepossession. possession. (j) The Under this warranty, the Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, remedy at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under his own expense any warranty or guarantee. expense, any such failure to conform, confirm or any such defect. In addition, the Contractor shall remedy, remedy at the Contractor’s expense, his own expense any damage to PHA-Government owned or controlled real or personal property property, when the that damage is the result of— (1) The of the Contractor’s failure to conform confirm to contract require- ments; or (2) Any defects requirement or any such defect of equipment, material, workmanship workmanship, or design furnished by the Contractor. (c) design. The Contractor shall also restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced hereunder will run for (one year unless otherwise indicated) from the date of such repair or replacement. (db) The Contracting Officer Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. (c) Should the Contractor fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s expense. (d) In addition to the rights and remedies provided by this clause, inall sub-contractor’s, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractors, manufactures or suppliers warranty shall be at the expense of the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed to the Government. (f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. GENERAL PROVISIONS

WARRANTY OF CONSTRUCTION. (a) A. In addition to any other warranties provided by law or in this contractContract or Job Orders, the Contractor warrants, except as provided in paragraph (j) of this clause, warrants that work Work performed under this contract Job Orders conforms to the contract Job Order requirements and is free of any defect in equipment, materialmaterial or design furnished, or workmanship Workmanship performed by the Contractor or any subcontractor of its Subcontractors or supplier suppliers at any tier. This warranty . B. The warranties in this Article shall continue for a period of one (one 1) year unless otherwise indicated) from the date of final acceptance of the workWork. If All painting and roofing Work shall be warranted by the PHA takes possession of any part of the work before final acceptance, this warranty shall continue Contractor for a period of two (one year unless otherwise indicated2) years from the date that of final acceptance of the PHA takes extension of time. possessionWork. (j) C. The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, remedy at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, expense any failure to conform, or any defect. In addition, the Contractor shall remedy, remedy at the Contractor’s expense, expense any damage to PHA-HISD owned or controlled real or personal property property, when the that damage is the result of—: (1) . The Contractor’s failure to conform to contract require- mentsContract requirements; or (2) . Any defects defect of equipment, material, workmanship Workmanship, or design furnished furnished. Unless a defect is caused by the ContractorContractor or Subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any damage that results from any defect in HISD furnished material or design. (c) D. The Contractor shall restore any work Work damaged in fulfilling the terms and conditions of this clauseArticle. The Contractor’s warranty with respect to work Work repaired or replaced will run for one (one 1) year unless otherwise indicated) from the date of repair or replacement. (d) E. The Contracting Officer HISD Issuing Authority shall notify the Contractor, inin writing, within a reasonable time after the discovery of any failure, defect, or damage. F. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, HISD shall have the right to replace, repair, or otherwise remedy the failure, defect or damage at the Contractor’s expense. G. With respect to all warranties, expressed or implied, from Subcontractors, manufacturers, or suppliers for Work performed and materials furnished for Job Orders issued under this Contract, the Contractor shall: 1. Obtain all warranties that would be given in normal commercial practice; 2. Require all warranties be executed in writing for the benefit of HISD; 3. Enforce all warranties for the benefit of HISD. 4. Deliver all warranty documents H. In the event the Contractor’s warranty under Paragraph B of this Article has expired, HISD may bring suit at its expense to enforce a Subcontractor’s, manufacturers, or supplier’s warranty. I. This warranty shall not limit HISD’s rights under Article 21 with respect to latent defects, gross mistakes, or fraud.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, warrants that the work performed under this contract conforms confirms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier of this subcontractors and suppliers at any tier. This Such warranty shall continue continue\e for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of , but with respect to any part of the work before which the Government takes possession of prior to final acceptance, this such warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA Government takes extension of timepossession. possession. (j) The Under this warranty, the Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, remedy at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under his own expense any warranty or guarantee. expense, any such failure to conform, confirm or any such defect. In addition, the Contractor shall remedy, remedy at the Contractor’s expense, his own expense any damage to PHA-Government owned or controlled real or personal property property, when the that damage is the result of— (1) The of the Contractor’s failure to conform confirm to contract require- ments; or (2) Any defects requirement or any such defect of equipment, material, workmanship workmanship, or design furnished by the Contractor. (c) design. The Contractor shall also restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced hereunder will run for (one year unless otherwise indicated) from the date of such repair or replacement. (db) The Contracting Officer Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. (c) Should the Contractor fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s expense. (d) In addition to the rights and remedies provided by this clause, inall sub-contractors, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractor, manufactures or suppliers warranty shall be at the expense of the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed to the Government. (f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. (c) Contractor shall hire, in addition to any other employee he may retain, apprentices or trainees or both or the performance of the work hereunder, the total number of which shall be determined by the Director of the Division of Apprenticeship and Training upon the basis of one (1) Apprentice (or Trainee) for the first journeyman steadily employed, and one (1) additional Apprentice (or Trainee) for every two (2) additional Journeyman steadily employed. (d) Within ten days of the execution of this Agreement the contractor shall submit to the Division of Apprenticeship & Training, and to the Contraction Officer (The Commissioner of the Department of Property and Procurement) a list of the occupations for which Journeymen will be required in the performance of this contract. (e) Veterans of the U.S. Armed Forces shall be given priority with the respect to the hire of Apprentices and Trainees. (f) Failure of Contractor to comply with the aforesaid provisions of this section shall be a material breach thereof.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor contractor or any subcontractor of its subcontractors or supplier suppliers at any tier. This Such warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of , but with respect to any part of the work before which the Exchange takes possession of prior to final acceptance, this such warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA Exchange takes extension of timepossession. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as representedUnder this warranty, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA contractor shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under remedy at contractor's own expense any warranty or guarantee. expense, any such failure to conform, conform or any such defect. In addition, the Contractor contractor shall remedy, remedy at the Contractor’s expense, contractor's own expense any damage to PHA-Exchange or government owned or controlled real or personal property property, when the that damage is the result of— (1) The Contractor’s of the contractor's failure to conform to the contract require- ments; or (2) Any defects requirements or any such defect of equipment, material, workmanship workmanship, or design furnished by the Contractor. (c) design. The Contractor contractor shall also restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s contractor's warranty with respect to work repaired or replaced hereunder will run for (one year unless otherwise indicated) from the date of such repair or replacement. (d) . The Contracting Officer Exchange shall notify the Contractorcontractor in writing within a reasonable time after the discovery of any failure, indefect, or damage. Should the contractor fail to remedy any failure, defect, or damage described in subparagraph "a" above within a reasonable time after receipt of notice thereof, the Exchange shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the contractor's expense. In addition to the other rights and remedies provided by this clause, all subcontractors', manufacturers', and suppliers' warranties, express or implied, respecting any work and materials, shall at the direction of Exchange, be enforced by the contractor for the benefit of the Exchange. In such case if the contractor's warranty under subparagraph "a" above has expired, any suit directed by the Exchange to enforce a subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the Exchange. The contractor shall obtain any warranties which the subcontractors, manufacturers or suppliers would give in normal commercial practice. If directed by the contracting officer, the contractor shall require any such warranties to be executed in writing to either the Exchange or the government. Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the contractor or its subcontractors or suppliers at any tier, the contractor shall not be liable for the repair of any defects of material or design furnished by the Exchange nor for the repair of any damage which results from any such defect in Exchange-furnished material or design. The warranty specified herein shall not limit the Exchange's right under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. Defects in design or manufacture of equipment specified by the Exchange on a "brand name and model" basis, shall not be included in this warranty. The contractor shall require any subcontractors, manufacturers or suppliers thereof to execute their warranties in writing directly to either the Exchange or the government as directed by the contracting officer. (Applicable to contracts in excess of $2,000 for construction within the United States) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Xxxxxxxx Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l (b)(2) of the Xxxxx-Xxxxx Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of subparagraph "g." of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed without regard to skill, except as provided in the clause entitled "Apprentices and Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: The work to be performed by the classification requested is not performed by a classification in the wage determination; and The classification is utilized in the area by the construction industry; and The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator of the Wage and Hour Division, or an authorized representative, will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer to the Administrator for determination. The Administrator of the Wage and Hour Division, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs "c" or "d" of this clause, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that applicable standards of the Xxxxx-Xxxxx Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. All rulings and interpretations of the Xxxxx-Xxxxx and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. By entering into this contract, the contractor certifies that neither he nor she nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of the Xxxxx-Xxxxx Act (29 CFR 5. 12(a)(1)). No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of the Xxxxx-Xxxxx Act (29 CFR 5. 12(a)(1)). The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Subparagraphs "a" through "i" of this clause shall apply to this contract to the extent that it is (1) a prime contract with the government subject to the Xxxxx-Xxxxx Act, or (2) a subcontract also subject to the Xxxxx-Xxxxx Act under such prime contract.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor contractor or any subcontractor of b) The Exchange shall notify the contractor in writing within a reasonable time after the discovery of any failure, defect, or supplier damage. c) Should the contractor fail to remedy any failure, defect, or damage described in subparagraph "a" above within a reasonable time after receipt of notice thereof, the Exchange shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the contractor's expense. d) In addition to the other rights and remedies provided by this clause, all subcontractors', manufacturers', and suppliers' warranties, express or implied, respecting any work and materials, shall at the direction of Exchange, be enforced by the contractor for the benefit of the Exchange. In such case if the contractor's warranty under subparagraph "a" above has expired, any suit directed by the Exchange to enforce a subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the Exchange. The contractor shall obtain any warranties which the subcontractors, manufacturers or suppliers would give in normal commercial practice. e) If directed by the contracting officer, the contractor shall require any such warranties to be executed in writing to either the Exchange or the government. f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the contractor or its subcontractors or suppliers at any tier. This warranty , the contractor shall continue not be liable for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession repair of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require- ments; or (2) Any defects of equipment, material, workmanship material or design furnished by the ContractorExchange nor for the repair of any damage which results from any such defect in Exchange-furnished material or design. (cg) The Contractor warranty specified herein shall restore any work damaged in fulfilling not limit the terms Exchange's right under the Inspection and conditions Acceptance clause of this clause. The Contractor’s warranty contract with respect to work repaired latent defects, gross mistake, or replaced will run for (one year unless otherwise indicated) from the date of repair or replacementfraud. (dh) Defects in design or manufacture of equipment specified by the Exchange on a "brand name and model" basis, shall not be included in this warranty. The Contracting Officer contractor shall notify require any subcontractors, manufacturers or suppliers thereof to execute their warranties in writing directly to either the Contractor, inExchange or the government as directed by the contracting officer.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor contractor or any subcontractor of its subcontractors or supplier suppliers at any tier. This Such warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of , but with respect to any part of the work before which the Exchange takes possession of prior to final acceptance, this such warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA Exchange takes extension of timepossession. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as representedUnder this warranty, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA contractor shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under remedy at contractor's own expense any warranty or guarantee. expense, any such failure to conform, conform or any such defect. In addition, the Contractor contractor shall remedy, remedy at the Contractor’s expense, contractor's own expense any damage to PHA-Exchange or government owned or controlled real or personal property property, when the that damage is the result of— (1) The Contractor’s of the contractor's failure to conform to the contract require- ments; or (2) Any defects requirements or any such defect of equipment, material, workmanship workmanship, or design furnished by the Contractor. (c) design. The Contractor contractor shall also restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s contractor's warranty with respect to work repaired or replaced hereunder will run for (one year unless otherwise indicated) from the date of such repair or replacement. (db) The Contracting Officer Exchange shall notify the Contractorcontractor in writing within a reasonable time after the discovery of any failure, indefect, or damage. c) Should the contractor fail to remedy any failure, defect, or damage described in subparagraph "a" above within a reasonable time after receipt of notice thereof, the Exchange shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the contractor's expense. d) In addition to the other rights and remedies provided by this clause, all subcontractors', manufacturers', and suppliers' warranties, express or implied, respecting any work and materials, shall at the direction of Exchange, be enforced by the contractor for the benefit of the Exchange. In such case if the contractor's warranty under subparagraph "a" above has expired, any suit directed by the Exchange to enforce a subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the Exchange. The contractor shall obtain any warranties which the subcontractors, manufacturers or suppliers would give in normal commercial practice. e) If directed by the contracting officer, the contractor shall require any such warranties to be executed in writing to either the Exchange or the government. f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the contractor or its subcontractors or suppliers at any tier, the contractor shall not be liable for the repair of any defects of material or design furnished by the Exchange nor for the repair of any damage which results from any such defect in Exchange-furnished material or design. g) The warranty specified herein shall not limit the Exchange's right under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. h) Defects in design or manufacture of equipment specified by the Exchange on a "brand name and model" basis, shall not be included in this warranty. The contractor shall require any subcontractors, manufacturers or suppliers thereof to execute their warranties in writing directly to either the Exchange or the government as directed by the contracting officer.

WARRANTY OF CONSTRUCTION. (‌ a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor contractor or any subcontractor of its subcontractors or supplier suppliers at any tier. This Such warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of , but with respect to any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from which the date that the PHA takes extension of time. possession.Exchange takes (jb) The Contractor Exchange shall notify the Contracting Officercontractor in writing within a reasonable time after the discovery of any failure, defect, or damage. c) Should the contractor fail to remedy any failure, defect, or damage described in (b) The Contractor subparagraph "a" above within a reasonable time after receipt of notice thereof, the Exchange shall remedyhave the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s writing, as contractor's expense. d) In addition to the date when in its opinion other rights and remedies provided by this clause, all subcontractors', manufacturers', and suppliers' warranties, express or a designated portion implied, respecting any work and materials, shall at the direction of Exchange, be enforced by the contractor for the benefit of the work will Exchange. In such case if the contractor's warranty under subparagraph "a" above has expired, any suit directed by the Exchange to enforce a subcontractor's, manufacturer's or supplier's warranty shall be substantially completed and ready for inspectionat the expense of the Exchange. The contractor shall obtain any warranties which the subcontractors, manufacturers or suppliers would give in normal commercial practice. e) If directed by the Architect determines that the state of preparedness is as representedcontracting officer, the PHA will promptly arrange contractor shall require any such warranties to be executed in writing to either the Exchange or the government. f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the contractor or its subcontractors or suppliers at any tier, the contractor shall not be liable for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion repair of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require- ments; or (2) Any defects of equipment, material, workmanship material or design furnished by the ContractorExchange nor for the repair of any damage which results from any such defect in Exchange-furnished material or design. (cg) The Contractor warranty specified herein shall restore any work damaged in fulfilling not limit the terms Exchange's right under the Inspection and conditions Acceptance clause of this clause. The Contractor’s warranty contract with respect to work repaired latent defects, gross mistake, or replaced will run for (one year unless otherwise indicated) from the date of repair or replacementfraud. (dh) Defects in design or manufacture of equipment specified by the Exchange on a "brand name and model" basis, shall not be included in this warranty. The Contracting Officer contractor shall notify require any subcontractors, manufacturers or suppliers thereof to execute their warranties in writing directly to either the Contractor, inExchange or the government as directed by the contracting officer.

WARRANTY OF CONSTRUCTION. (a) a. In addition to any other warranties in this contractthe Contract, the Contractor warrants, except as provided in paragraph (j) of this clause, Construction Manager warrants that work Work performed under this contract the Contract conforms to the contract requirements of the Contract Documents and is free of any defect in equipment, material, or workmanship performed by the Contractor Construction Manager or any subcontractor Subcontractor or supplier at any tier. Construction Manager is also responsible for applicable latent defects statutes and statutes of repose. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance Substantial Completion. Unless a defect is caused by the negligence of the work. If Construction Manager or a Subcontractor or supplier at any tier, the PHA takes possession Construction Manager shall not be liable for the repair of any part defect of material or design furnished by the work before final acceptance, this warranty shall continue Owner nor for a period the repair of (one year unless otherwise indicated) any damage that results from the date that the PHA takes extension of time. possessionany defect in an Owner furnished material or design. (j) b. The Contractor shall notify the Contracting Officer, in (b) The Contractor Construction Manager shall remedy, at the ContractorConstruction Manager’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. sole expense, any failure to conform, or conform and any defect. In addition, the Contractor Construction Manager shall remedy, at the ContractorConstruction Manager’s sole expense, any damage to PHA-owned or controlled real or personal property when owned or controlled by the Owner if such damage is the result of— (1) The Contractorof either the Construction Manager’s failure to conform to contract require- ments; or (2) Any the requirements of the Contract Documents or any defects of equipment, material, workmanship or design furnished by the ContractorConstruction Manager. (c) c. The Contractor Construction Manager shall restore any work damaged in fulfilling the terms and conditions of this clause. The ContractorConstruction Manager’s warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement, or one year from the date of Substantial Completion, whichever is later. (d) d. The Contracting Officer Owner shall notify the ContractorConstruction Manager, inin writing, within a reasonable time after the discovery of any failure, defect, or damage. Such notification from Owner shall serve to fulfill the requirements of Notice of Claim as defined in C.R.S. §§ 00-00-000 et. seq. If the Construction Manager fails to remedy any failure, defect, or damage within a reasonable time after receipt of said notice, the Owner shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Construction Manager’s expense. e. The obligation of Construction Manager under any warranty or guaranty required of Construction Manager under the Contract shall include all costs and expenses to repair and correct such defects, including additional testing and inspections and compensation for the Architect’s services and expenses made necessary by such warranty or guaranty work, plus damages, if any, to Owner caused by such defects. f. The period of any express warranty or guaranty under the Contract relates only to the specific responsibility of Construction Manager under such warranty or guaranty to correct defective work or materials and has no relationship to the time within which proceedings may be commenced to establish Construction Manager’s liability with respect to its any other obligation under the Contract. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Construction Manager shall: (i) Perform the Work in such manner as to preserve any and all such manufacturer’s warranties; (ii) Obtain all warranties that would be given in normal commercial practice; (iii) Require all warranties to be executed in writing, for the benefit of the Owner; (iv) Enforce all warranties for the benefit of the Owner; (v) Assign to the Owner, at the time of final completion of the Work, any and all manufacturer’s warranties related to materials and labor used in the Work; and (vi) If necessary as a matter of law, the Construction Manager may retain the right to enforce directly any such manufacturers’ warranties during the one-year period following the date of Substantial Completion referred to above. h. Within 30 days after Substantial Completion, Construction Manager shall collect, assemble and deliver to Owner, in a neat and orderly manual, the original and two copies of all written warranties, equipment manuals, shop drawings, design drawings, as-built drawings, maintenance manuals, equipment and spare part list and similar manufacturer’s information.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, warrants that the work performed under this contract conforms confirms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier of this subcontractors and suppliers at any tier. This Such warranty shall continue continue\e for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of , but with respect to any part of the work before which the Government takes possession of prior to final acceptance, this such warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA Government takes extension of timepossession. possession. (j) The Under this warranty, the Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, remedy at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under his own expense any warranty or guarantee. expense, any such failure to conform, confirm or any such defect. In addition, the Contractor shall remedy, remedy at the Contractor’s expense, his own expense any damage to PHA-Government owned or controlled real or personal property property, when the that damage is the result of— (1) The of the Contractor’s failure to conform confirm to contract require- ments; or (2) Any defects requirement or any such defect of equipment, material, workmanship workmanship, or design furnished by the Contractor. (c) design. The Contractor shall also restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced hereunder will run for (one year unless otherwise indicated) from the date of such repair or replacement. (db) The Contracting Officer Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. (c) Should the Contractor fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s expense. (d) In addition to the rights and remedies provided by this clause, inall sub-contractors, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractor, manufactures or suppliers warranty shall be at the expense of the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed to the Government. (f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. (c) Contractor shall hire, in addition to any other employee he may retain, apprentices or trainees or both or the performance of the work hereunder, the total number of which shall be determined by the Director of the Division of Apprenticeship and Training upon the basis of one (1) Apprentice (or Trainee) for the first journeyman steadily employed, and one (1) additional Apprentice (or Trainee) for every two (2) additional Journeyman steadily employed. (d) Within ten days of the execution of this Agreement the contractor shall submit to the Division of Apprenticeship & Training, and to the Contraction Officer (The Commissioner of the Department of Property and Procurement) a list of the occupations for which Journeymen will be required in the performance of this contract. (e) Veterans of the U.S. Armed Forces shall be given priority with the respect to the hire of Apprentices and Trainees. (f) Failure of Contractor to comply with the aforesaid provisions of this section shall be a material breach thereof. PO-22-230-2304-227 (CB) 21 Initials JTB

WARRANTY OF CONSTRUCTION. (a) 21.1 In addition to any other warranties in this contractany Job Orders, the Contractor warrants, and except as provided in paragraph (j) Section 21.10 of this clauseSection 21, Job Order Contractor warrants to Xxxxxxx that work performed all materials and equipment furnished under this contract conforms Contract will be new unless otherwise specified and that all Work will be of good quality, free from faults and defects and in conformance with the Contract. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Xxxxxxx, Job Order Contractor shall furnish satisfactory evidence as to the contract requirements kind and is free quality of any defect in materials and equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty is not limited by any other provisions of the Contract. Job Order Contractor shall continue promptly correct all Work rejected as defective or as failing to conform to the Contract whether observed before or after acceptance and whether or not fabricated, installed or completed. Job Order Contractor shall bear all costs of correcting such rejected Work, including compensation for a period the additional services of (an engineer made necessary thereby. 21.2 If, within one year unless otherwise indicated) from after the date of final acceptance by Xxxxxxx of the work. If the PHA takes possession of Work, any part of the work before final acceptanceWork is found to be defective or not in accordance with the Contract, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possession. (j) The Job Order Contractor shall notify correct it promptly after receipt of written notice from Xxxxxxx to do so unless Xxxxxxx has previously given Job Order Contractor a written acceptance of such condition. This obligation shall survive termination of the Contracting Officer, in (b) The Contract 21.3 Job Order Contractor shall remedy, remedy at Job Order Contractor's expense any failure of the Contractor’s writing, as Work to conform to the date when in its opinion all or a designated portion of the work will be substantially completed plans and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conformspecifications, or any construction defect. In addition, the Job Order Contractor shall remedy, remedy at the Job Order Contractor’s expense, 's expense any damage to PHA-owned or controlled Xxxxxxx’x real or personal property property, when the that damage is the result of—: (1) The a. Job Order Contractor’s 's failure to conform to contract require- mentsrequirements; or (2) b. Any defects defect of equipment, material, workmanship workmanship, or design furnished by the Job Order Contractor. (c) The 21.4 Job Order Contractor shall restore any work damaged in fulfilling the terms and conditions of this clauseSection 21. The Job Order Contractor’s 's warranty with respect to work repaired or replaced will run for one (one 1) year unless otherwise indicated) from the date of repair or replacement. (d) The Contracting Officer 21.5 Xxxxxxx shall notify the Job Order Contractor, inin writing, within a reasonable time after the discovery of any failure, defect, or damage. 21.6 If Job Order Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, Xxxxxxx shall have the right to replace, repair, or otherwise remedy the failure, defect or damage at Job Order Contractor's expense. 21.7 With respect to all warranties, expressed or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished for Job Orders issued under this Contract, Job Order Contractor shall: a. Obtain all warranties required by the Job Order; b. Require all warranties to be executed, in writing, for the benefit of Xxxxxxx; and c. Enforce all warranties for the benefit of Xxxxxxx; 21.8 In the event Job Order Contractor's warranty under Secton 21.2 has expired, Xxxxxxx may bring suit at its expense to enforce a subcontractor's, manufacturers, or supplier's warranty. 21.9 Unless a defect is caused by the negligence of Job Order Contractor or subcontractor or supplier at any tier, Job Order Contractor shall not be liable for the repair of any defects of material or design furnished by Xxxxxxx or for the repair of any damage that results from any defect in Xxxxxxx-furnished material or design. 21.10 Job Order Contractor is not responsible for and does not warranty pre-existing work or facilities that may be assigned to Job Order Contractor except as modified by the Job Order. 21.11 This warranty shall not limit Xxxxxxx'x rights under Section 17 of this Contract with respect to latent defects, gross mistakes, or fraud.

WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, warrants that the work performed under this contract conforms confirms to the contract requirements and is free of any defect in of equipment, materialmaterial or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier of this subcontractors and suppliers at any tier. This Such warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If , but with respect to any part of which the PHA Government takes possession of any part of the work before prior to final acceptance, this such warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA Government takes extension of timepossession. possession. (j) The Under this warranty, the Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, remedy at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under his own expense any warranty or guarantee. expense, any such failure to conform, confirm or any such defect. In addition, the Contractor shall remedy, remedy at the Contractor’s expense, his own expense any damage to PHA-Government owned or controlled real or personal property property, when the that damage is the result of— (1) The of the Contractor’s failure to conform confirm to contract require- ments; or (2) Any defects requirement or any such defect of equipment, material, workmanship workmanship, or design furnished by the Contractor. (c) design. The Contractor shall also restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced hereunder will run for (one year unless otherwise indicated) from the date of such repair or replacement. (db) The Contracting Officer Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. (c) Should the Contractor fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s expense. (d) In addition to the rights and remedies provided by this clause, inall sub-contractor’s, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractor, manufacture or supplier warranty shall be at the expense of the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed to the Government. (f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud.

WARRANTY OF CONSTRUCTION. (a) In addition 43.1 Contractor warrants to any other warranties Company that materials and equipment furnished in this contractconnection with the Services will be of good quality and new unless the Contract Documents require or permit otherwise. Contractor further warrants that the Services conform to the requirements of the Contract Documents and will be free from defects except for those inherent in the quality of the Service required or permitted by the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. 43.2 Contractor warrants that the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract Agreement conforms to the contract Agreement requirements and is free of any defect from defects in equipment, material, design or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty of its subcontractors. 43.3 These warranties shall continue remain in effect for a period of twenty-four (one year unless otherwise indicated24) months from the date the Company delivers its Notice of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue Acceptance for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possessionall Services. (j) 43.4 The Contractor shall notify the Contracting Officer, in (b) remedy at its expense any such defect or failure to conform and is responsible for any damages to persons and property resulting from such defects or failure to conform. The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require- ments; or (2) Any defects of equipment, material, workmanship or design furnished by the Contractor. (c) The Contractor shall also restore any work Services damaged in fulfilling the terms and conditions of this warranty. 43.5 In addition to other rights and remedies provided by this clause, all subcontractors', manufacturers', and suppliers' warranties expressed or implied, respecting any work and materials shall, at the direction of Company be enforced by the Contractor for the benefit of Company. The Contractor shall obtain any warranties which the Contractor’s 's subcontractors, manufacturers, or suppliers would give in normal commercial practice. 43.6 If, within the warranty periods, any defect appears, then Company shall have the right to take the following actions: (a) Retain such defective items or work and an equitable reduction will be made in the Contract Price for such defective items or work; or (b) Return such defective items to the Contractor and require Contractor to repair or replace such defective items. Such repair or replacement shall be at the Contractor's sole expense at no cost to Company, including all related shipping costs and import duties, if applicable. Responsibility for the items while in transit shall be borne by the Contractor; or (c) Correct or replace such defective items or work with respect similar items and recover the total cost incurred by Company, including shipping costs and import duties, if applicable, from the Contractor; or (d) Require the Contractor to correct or replace the defective items or work. 43.7 Upon discovery or disclosure of any defect within the warranty periods provided hereby, the following conditions shall apply: a) Company shall furnish written notice to the Contractor of the item or work involved and, if known to the Company, set forth the nature of the defect. b) Within fifteen (15) days after receipt by the Contractor of the notification provided pursuant to Section 43.7(a), the Contractor shall provide to Company, in writing, the following information: (i) Acknowledgment of the notification given to the Contractor by Company of the defect; (ii) The corrective action to be taken by the Contractor to remedy the defect; (iii) Disposition instructions regarding the defective item or work; (iv) The date that the defective items or work shall be repaired, or replaced as required; or (v) With the advance approval of Company, submit a proposed price reduction to this Agreement for Company's consideration. 43.8 Approvals by Company shall not release the Contractor from any obligations under the warranties set forth herein. 43.9 The terms "work" and "items" as used herein include related services and data to be delivered under this Agreement except for normal maintenance items. 43.10 Items or work repaired or replaced will run for (one year unless otherwise indicated) pursuant to this clause shall be subject to all provisions of this clause to the same extent as items or work initially delivered, except that time elapsed after Notice of Acceptance and prior to written notification by Company of the failure or defect shall be deducted from the date warranty periods provided hereby for the purpose of computing time remaining under this warranty for repaired or replacement items or work. Any time subsequent to notification by Company of a defect and prior to repair or replacementreplacement and redelivery shall be added to the period of this warranty for the purpose of computing time remaining under this warranty. (d) 43.11 The Contracting Officer aforesaid warranties shall notify survive acceptance and payment and shall not be deemed to be the Contractor, inexclusive rights of Company but shall be in addition to the other rights of Company under law and the terms of this Agreement.