Common use of Warranty Requirements Clause in Contracts

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 11.3.1.1. Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 11.3.1.2. DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 11.3.1.3. All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 11.3.1.1. Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 11.3.1.2. DB Contractor shall cause Subcontractor warranties to be extended to TxDOT TxDOT, the Authority and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-pre- specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 11.3.1.3. All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract DBA Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided however that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. For Subcontractors (other than Suppliers that are not Major Subcontractors), such representations, warranties, guarantees, and obligations shall be for periods at least coterminous with the Warranties and for Suppliers that are not Major Subcontractors, for periods at least commensurate with such Supplier’s standard warranty period. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided provided, however that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating limiting the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear forbear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which that are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 3.8.4.1.1 Without in any way derogating limiting the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, Warranties appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 113.8. 11.3.1.2 3.8.4.1.2 DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified prespecified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear forbear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 3.8.4.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which that are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's ’s negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.to

Warranty Requirements. 11.3.1.1 11.3.1.1. Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 11.3.1.2. DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 11.3.1.3. All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's '’s negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 11.3.1.1. Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 11.3.1.2. DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 11.3.1.3. All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract DBA Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without 3.8.4.1.1Without in any way derogating limiting the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, Warranties appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 113.8. 11.3.1.2 DB 3.8.4.1. 2DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified prespecified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear forbear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 All 3.8.4.1. 3All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which that are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's ’s negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 11.3.1.1. Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 11.3.1.2. DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 11.3.1.3. All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.be

Warranty Requirements. Formatted: Underline, Font color: Black 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided provided, however that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract CDA Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 11.3.1.1. Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 11.3.1.2. DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 11.3.1.3. All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's ’s negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), Texas Department of Transportation SH 249 Extension Project September 28, 2016 87 Request for Proposals Design-Build Agreement equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all Texas Department of Transportation RFP Addendum 1 2 SH 99 Grand Parkway Project 84 Development Agreement extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 Without in any way derogating the Warranties and DB ContractorDeveloper’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor Developer shall obtain from all Subcontractors for periods at least le ast coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 DB Contractor Developer shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided provided, however that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor Developer is diligently pursuing remedies thereunder. 11.3.1.3 All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all al l TxDOT inspections, tests and approvals. DB Contractor Developer hereby assigns to TxDOT all of DB ContractorDeveloper’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor Developer from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB ContractorDeveloper's negligence or failure to comply with the Contract Documents in incorporating material or equipment into the Work, DB Contractor Developer shall be responsible for correcting such defect.

Warranty Requirements. 11.3.1.1 11.3.1.1. Without in any way derogating the Warranties and DB Contractor’s own representations and warranties and other obligations with respect to all of the Work, DB Contractor shall obtain from all Subcontractors for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 11. 11.3.1.2 11.3.1.2. DB Contractor shall cause Subcontractor warranties to be extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Subcontractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as DB Contractor is diligently pursuing remedies thereunder. 11.3.1.3 11.3.1.3. All representations, warranties, guarantees and obligations of Subcontractors shall be written so as to survive all TxDOT inspections, tests and approvals. DB Contractor hereby assigns to TxDOT all of DB Contractor’s rights and interest in all extended warranties for periods exceeding the applicable Warranty Term which are received by DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty would be voided by reason of DB Contractor's negligence or failure to comply with the Contract DBC Documents in incorporating material or equipment into the Work, DB Contractor shall be responsible for correcting such defect. 11.3.1.4. The foregoing requirements of this Section 11.3.1 shall not apply to standard pre-specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty requirements specified herein cannot be obtained using commercially reasonable efforts.