WARRANTY OF CONSULTANT. The CONSULTANT warrants that the CONSULTANT and each of the personnel employed or otherwise retained by the CONSULTANT for Work under this Contract are properly certified and licensed under the laws and regulations of the State of California to provide the special services herein agreed to.
WARRANTY OF CONSULTANT. 23.1. Consultant warrants that the Consultant is properly licensed and/or certified under the laws and regulations of the State of California to provide all the services that it has herein agreed to perform.
23.2. Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, that require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with those provisions before commencing the performance of the work of this Agreement.
WARRANTY OF CONSULTANT. Consultant does hereby expressly warrant and guarantee the services provided hereunder from any and all defects, failures, faulty construction, and inconsistency with plans, or damage, other than that resulting from reasonable wear and tear or actions of third parties, for a period of one year from the acceptance of the work by City. If such a claim occurs, Consultant shall immediately act to repair, replace, and restore the damaged work or, if applicable, reconstruct the work to make it completely and strictly comply with the agreement documents. All warranty services provided hereunder shall be performed at Consultant’s sole expense, including materials and labor. It is expressly agreed and understood that this warranty shall not apply to materials and equipment normally expected to deteriorate or wear out or become subject to normal repair and replacement before their condition is discovered. Additionally, Consultant shall not be required to do normal maintenance work under this provision. Failure of the Consultant to substantially act within thirty (30) days of notice of a claim hereunder shall entitle City, at its sole option, to replace or repair the subject defect and to recover the reasonable costs of said repair from Consultant. The enforcement of the warranty provision shall not be deemed a waiver of any rights that City may have to declare Consultant in breach of the terms of this agreement and to pursue all available legal remedies.
WARRANTY OF CONSULTANT. A. The Consultant warrants and represents that each of its employees, independent Consultants or agents assigned to perform any services or provide any technical assistance in planning, development, training, consulting or related services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Consultant further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.
B. Consultant warrants that it is properly licensed and/or certified under the laws and regulations of the Judicial Council of California to provide all the Services that it has herein agreed to perform.
X. Consultant certifies that it is aware of the provisions of the California Labor Code including, without limitation, section 1720, et seq., section 1770, et seq., and section 1771.1 that require the payment of prevailing wage rates to certain classes of trade labor, the registration of Consultants, Subconsultants and Subconsultants, and other requirements. The Consultant agrees to fully comply with and to require its Subconsultants to fully comply with all applicable prevailing wage requirements of the California Labor Code.
D. Consultant also acknowledges that, for purposes of Labor Code section 1725.5, some of its Services may be a public work to which Labor Code section 1771 applies. That portion of the Services is therefore subject to compliance monitoring and enforcement by the Department of Industrial Relations. Construction Manager must comply with Labor Code section 1725.5, including without limitation the registration requirements. Additionally, all Construction Manager’s Subconsultants (as defined as “SubConsultants” by Labor Code section 1722.1) must, to the extent required, comply with Labor Code section 1725.5 to be qualified to bid or propose on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance under this Agreement. Construction Manager represents to the Council that all “SubConsultants” (as defined by Labor Code section 1722.1), to the extent required, are registered pursu...
WARRANTY OF CONSULTANT. CONSULTANT warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in Schedule A.
WARRANTY OF CONSULTANT. The Consultant represents and warrants to the Community:
(a) that it has sufficient skill, knowledge, expertise and resources, including qualified and competent personnel, to perform and provide the Services in accordance with the provisions of this Agreement;
(b) that it is not involved in and is not aware of any actual or potential law suit or circumstance which would or could materially affect its ability to perform the Services hereunder and, upon becoming aware of such, it shall immediately notify the Community and provide the Community with details of the nature of the law suit or circumstance; and
(c) that the entering into of this Agreement and the performance of the Services hereunder shall not cause the Consultant to be in breach of any obligation of confidentiality which the Consultant may owe to any third party, or otherwise cause the Consultant to be in breach of any agreement or undertaking with any third party.
WARRANTY OF CONSULTANT. The Contracto r warrant s tha t th e Service s unde r thi s Agreement shal l be performe d wit h reasonabl e car x x x x xxxxxxx t and competen t manner usin g th e Contractor' s bes t professiona l judgment , and i n complianc e wit h th e professiona l and ethica l standard s applicabl e t o th e service s hereunder . Any materia l deviatio n t o th e standard s shal l be cause fo r immediat e terminatio n o f thi s Agreement by th e Offic e as provide d i n th e ELEVENTH CLAUSE.
