Common use of WARRANTY OF LANDLORD'S WORK AND TENANT'S WORK Clause in Contracts

WARRANTY OF LANDLORD'S WORK AND TENANT'S WORK. Notwithstanding the provisions of Section 3.3, Landlord hereby warrants and guarantees that the Landlord's Work and the Tenant's Work shall be free from defects in workmanship and materials for a period of one (1) year after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work). Upon the expiration of said one (1) year period, Landlord shall assign to Tenant any and all warranties and guarantees with respect to Landlord's Work and Tenant's Work and, to the extent that any such warranties and guarantees are not assignable, Landlord agrees to enforce the same for the benefit of Tenant, at Tenant's sole cost and expense. Tenant shall not be responsible to pay for any such warranties of less than one (1) year duration or enforcement by Landlord against its own employees or against Gutixxxxx Xxxstruction Co., Inc. or against any of its other affiliates (including their respective employees). Landlord agrees to repair, at its sole cost and expense any latent defects in Landlord's Work or Tenant's Work promptly after receipt of notice therefrom from Tenant, provided that such notice from Tenant is received by Landlord on or before such date which is three (3) years after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work). In connection therewith, Tenant shall notify Landlord promptly after it becomes aware of any such latent defects. Any repairs or replacements or alterations to Landlord's Work or Tenant's Work after said initial one (1) year period, and any work required because of latent defects after said three (3) year period, shall be chargeable to Tenant in accordance with and subject to the provisions of Section 4.2 hereof.

WARRANTY OF LANDLORD'S WORK AND TENANT'S WORK. Notwithstanding the provisions of Section 3.3, Landlord hereby warrants and guarantees that the Landlord's Work and the Tenant's Work shall be free from defects in workmanship and materials for a period of one (1) year after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work)Date. Upon the expiration of said one (1) year period, Landlord shall assign to Tenant any and all warranties and guarantees with respect to Landlord's Work and Tenant's Work and, to the extent that any such warranties and guarantees are not assignable, Landlord agrees to enforce the same for the benefit of Tenant, at Tenant's sole cost and expense. Tenant shall not be responsible to pay for any such warranties of less than one (1) year duration or enforcement by Landlord against its own employees or against Gutixxxxx Xxxstruction Co., Inc. or against any of its other affiliates (including their respective employees). Landlord agrees to repair, at its sole cost and expense any latent defects in Landlord's Work or Tenant's Work promptly after receipt of notice therefrom from Tenant, provided that such notice from Tenant is received by Landlord on or before such date which is three within said one (31) years after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work)year period. In connection therewith, Tenant shall notify Landlord promptly after it becomes aware of any such latent defects. Any repairs or replacements or alterations to Landlord's Work or Tenant's Work after said initial one (1) year period, and any work required because of latent defects after said three (3) year period, period shall be chargeable to Tenant in accordance with and subject to the provisions of Section 4.2 hereof. In addition to the foregoing, Landlord hereby warrants that Landlord's Work upon Substantial Completion will comply with all applicable laws then in effect and as interpreted on the date of Substantial Completion, including but not limited to all applicable building codes, governmental requirements and the regulations of the Americans with Disabilities Act of 1990 (ADA) for a period of one (1) year after the Term Commencement Date. Upon the expiration of said one (1) year period, Landlord agrees to assign to Tenant any and all warranties and guarantees with respect to Landlord's Work and any claims that Landlord may have against any subcontractors for their failure to design or construct the Landlord's Work in compliance with all applicable laws in effect and as interpreted on the date of Substantial Completion, including but not limited to all applicable building codes, governmental requirements and the regulations of the Americans with Disabilities Act of 1990 (ADA) to the extent such warranties, guarantees and claims are not assignable, Landlord agrees to use reasonable efforts, at Tenant's sole cost and expense, to enforce the same for the benefit of Tenant. Tenant shall not be responsible to pay for any such enforcement during the one (1) year period following the Term Commencement Date or enforcement by Landlord against its own employees or against Gutixxxxx Xxxstruction Co., Inc. or against any of its other affiliates (including their respective employees).

WARRANTY OF LANDLORD'S WORK AND TENANT'S WORK. Notwithstanding the provisions of Section 3.3, Landlord hereby warrants and guarantees that the Landlord's Work and the Tenant's Work shall be free from defects in workmanship and materials for a period of one (1) year after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work)Date. Upon the expiration of said one (1) year period, Landlord shall assign to Tenant any and all warranties and guarantees with respect to Landlord's Work and Tenant's Work and, to the extent that any such warranties and guarantees are not assignable, Landlord agrees to enforce the same for the benefit of Tenant, at Tenant's sole cost and expense. Tenant shall not be responsible to pay for any such warranties of less than one (1) year duration or enforcement by Landlord against its own employees or against Gutixxxxx Xxxstruction Xxxxxxxxx Construction Co., Inc. or against any of its other affiliates (including their respective employees). Landlord agrees to repair, at its sole cost and expense any latent defects in Landlord's Work or Tenant's Work promptly after receipt of notice therefrom from Tenant, provided that such notice from Tenant is received by Landlord on or before such date which is within a period of three (3) years after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work)Date. In connection therewith, Tenant shall notify Landlord promptly after it becomes aware of any such latent defects. Any repairs or replacements or alterations to Landlord's Work or Tenant's Work after said initial one (1) year period, and any work required because of latent defects after said three (3) year period, period shall be chargeable to Tenant in accordance with and subject to the provisions of Section 4.2 hereof.

WARRANTY OF LANDLORD'S WORK AND TENANT'S WORK. Notwithstanding the provisions of Section 3.3, Landlord hereby warrants and guarantees that the Landlord's ’s Work and the Tenant's ’s Work shall be free from defects in workmanship and materials for a period of one (1) year after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List WorkWork and any warranty work). Upon the expiration of said one (1) year period, Landlord shall assign to Tenant any and all warranties and guarantees with respect to Landlord's ’s Work and Tenant's ’s Work and, to the extent that any such warranties and guarantees are not assignable, Landlord agrees to enforce the same for the benefit of Tenant, at Tenant's ’s sole cost and expense. Tenant shall not be responsible to pay for any such warranties of less than one (1) year duration or enforcement by Landlord against its own employees or against Gutixxxxx Xxxstruction Xxxxxxxxx Construction Co., Inc. or against any of its other affiliates (including their respective employees). Any repairs or replacements or alterations to Landlord’s Work or Tenant’s Work after said initial one (1) year period may be chargeable to Tenant in accordance with and subject to the provisions of Section 4.2 hereof. Landlord agrees to repair, at its sole cost and expense (without reimbursement through CAM Costs or otherwise) any latent defects in Landlord's ’s Work or Tenant's ’s Work promptly after receipt of notice therefrom from Tenant, provided that such notice from Tenant is received by Landlord on or before such date which is three five (35) years after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List WorkWork and any warranty work). In connection therewith, Tenant shall notify Landlord promptly after it becomes aware of any such latent defects. Any repairs The parties understand and agree that any extensions of the warranty periods applicable to the “warranty work” under this Section 3.7 shall only apply to the specific item(s) of work being repaired or replacements or alterations to Landlord's Work or Tenant's Work after said initial one (1) year periodreplaced. As aforesaid, the foregoing provisions shall apply, and any work required because of latent defects after said three (3) year periodthe relevant dates shall commence, shall be chargeable to Tenant in accordance with and subject to on a per Phase basis based on the provisions of Section 4.2 hereofTerm Commencement Date applicable for each such Phase.

WARRANTY OF LANDLORD'S WORK AND TENANT'S WORK. Notwithstanding the provisions of Section 3.3, Landlord hereby warrants and guarantees guarantees, at no extra cost to Tenant, that the Landlord's Work and the Tenant's Work shall be free from defects in workmanship and materials for a period of one (1) year after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work)Date. Upon the expiration of said one (1) year periodperiod and except as provided in Section 6.1 to the contrary and/or except as relating to a Landlord repair, replacement and maintenance obligation set forth in said Section 6.1, including without limitation roof, glass and exterior wall warranties, Landlord shall assign to Tenant any and all warranties and guarantees with respect to Landlord's Work and Tenant's Work and, to the extent that any such warranties and guarantees are not assignable, Landlord agrees to enforce the same for the benefit of Tenant, at Tenant's sole cost and expense. Tenant shall not be responsible to pay for any such warranties of less than one (1) year duration or enforcement by Landlord against its own employees or against Gutixxxxx Xxxstruction Xxxxxxxxx Construction Co., Inc. or against any of its other affiliates (including their respective employees). Landlord agrees to repair, at its sole cost and expense any latent defects in Landlord's Work or Tenant's Work promptly after receipt of notice therefrom from Tenant, provided that such notice from Tenant is received by Landlord on or before such date which is three within said one (31) years after the Term Commencement Date or such later date upon which all such work has been completed (including Punch List Work)year period. In connection therewith, Tenant shall notify Landlord promptly after it becomes aware of any such latent defects. Any repairs or replacements or alterations to Landlord's Work or Tenant's Work after said initial one (1) year period, and any work required because of latent defects after said three (3) year period, period shall be chargeable to Tenant in accordance with and subject to the provisions of Section 4.2 5.1 hereof.