Common use of Warranty Work Clause in Contracts

Warranty Work. For the period ("Warranty Period") (i) that is provided in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agrees, at its sole cost and expense, to promptly (subject to Force Majeure) correct any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Warranty Work is the subject of a Lease or New Lease, the provisions of such Lease or New Lease shall control in the determination of the scope of the Warranty Work. If Warranty Work is not the subject a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objects, in good faith, within ten (10) business days following receipt of a Warranty Notice, it shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser and Seller are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by Seller.

Warranty Work. For the period ("Warranty Period") (i) that is provided in each Lease or New Lease in respect 2.1 Supplier undertakes to the applicable Tenant Warranty for tenant improvements, and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agreescomplete, at its sole cost and expense, with respect to any Defect reasonably demonstrated to be a Defect covered by this Warranty and with respect to which Supplier has received notice from Customer at any time during the applicable Warranty Period, any repairs, replacements or corrections required by exercise of this Warranty by Customer (including engineering design, preparation of parts, materials and kits required and the installation thereof) or which is required by the Civil Aviation Authorities or otherwise relating to the Warranty Services (“Warranty Work”). 2.2 Customer may request that Warranty Work be conducted at another repair facility approved in writing in advance by Supplier (an “Alternative Repair Facility”). Supplier shall respond promptly, and in any event within three (3) Business Days, to any request by Customer to conduct Warranty Work at an Alternative Repair Facility. Upon written request by Customer, Supplier shall promptly deliver, at its cost and expense, to promptly (subject the designated Alternative Repair Facility, all material necessary to Force Majeure) correct any defects Defect related to the Warranty Services in accordance with this Agreement and any applicable Civil Aviation Authority requirements, within the tenant improvements time period allocated by the Civil Aviation Authority, if and as applicable, and pay for all labour and redelivery charges. 2.3 If Supplier shall not approve of such other repair facility, it may send a field team to the location of a Contract Aircraft to perform Warranty Work at no cost to Customer. 2.4 Supplier may send appropriate representatives to supervise all Warranty Work performed at the cost and expense of Supplier. CAM Conversion Agreement 2.5 In performing its obligations under this Warranty, Supplier shall, in all events, use its best commercial efforts to perform or other Improvements due to secure the performance of Warranty Work (aincluding any replacements of Defective accessories, equipment, parts or components as permitted under Section 3 below) the failure thereof to substantially comply as promptly as reasonably possible and with the plans for least reasonable disruption to Customer’s (or its lessee’s or Aircraft Operator’s) operations. Without limiting the subject tenant improvements foregoing, Supplier shall commence work, or cause work to be commenced, to repair or replace any Defect within twenty-four (24) hours following either Supplier’s acceptance of the Plans in respect relevant claim as a Valid Warranty Claim or a Third Party Expert Warranty Determination that the relevant claim is a Valid Warranty Claim. In addition, at the request of Customer and with the consent of Supplier, which shall not be unreasonably withheld, Supplier will commence work, or cause work to be commenced, to repair or replace any Defect prior to the rest of the Improvements, acceptance or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Warranty Work is the subject of a Lease or New Lease, the provisions of such Lease or New Lease shall control in the determination of the scope relevant claim as a Valid Warranty Claim, provided that the reasonable cost of the Warranty Work. If Warranty Work is not the subject a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objects, in good faith, within ten (10) business days following receipt of a Warranty Notice, it shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser and Seller are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor work shall be binding on reimbursed by Customer to Supplier if the Parties. When the claim is ultimately determined not to be a Valid Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by SellerClaim.

Warranty Work. For the period ("Warranty Period") (i) that is provided in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agreesand Contractor, jointly and severally, agree, at its their sole cost and expense, to promptly (subject to Force Majeure) correct any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Warranty Work is the subject of a Lease or New Lease, the provisions of such Lease or New Lease shall control in the determination of the scope of the Warranty Work. If Warranty Work is not the subject of a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, The Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller and Contractor written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller or Contractor shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objectsand Contractor both (but not one or the other) object, in good faith, within ten (10) business days following receipt of a Warranty Notice, it Seller shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser Purchaser, Seller and Seller Contractor are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller and Contractor prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto 47 53 shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by Seller.

Warranty Work. For (a) If a claim for Warranty Work is made by a customer of the period Business after the Closing Date and Buyer determines in its reasonable discretion, upon consultation with Shareholder, that such Warranty Work is required, Buyer will use commercially reasonable efforts to perform such Warranty Work on behalf of Seller ("which may include Shareholder performing such work as an employee of Buyer) to the extent funds are available in the Escrow Fund, other than the amount of any unresolved indemnification claims asserted by Buyer in good faith pursuant to Article IX, for reimbursement of Seller’s portion of Buyer’s Warranty Period"Work Cost of such Warranty Work. Upon completion of the Warranty Work, Buyer will be reimbursed from the Escrow Fund for Seller’s portion of Buyer’s Warranty Work Cost in accordance with Section 6.14(b). (b) Within 30 days after the Closing Date, Seller will deliver to Buyer a schedule (the “Percentage Complete Schedule”) listing (x) the percentage of completion as of the Closing Date for each outstanding purchase order for any Pre-Closing Products (each an “In-process Purchase Order”) and (y) any completed purchase orders for any Pre-Closing Products that have continuing obligations to perform Warranty Work (each a “Complete Purchase Order”). Seller’s portion of Buyer’s Warranty Work Cost will be (i) that is provided in each Lease or New Lease in respect to for a Pre-Closing Product under an In-process Purchase Order, an amount equal to: (A) Buyer’s Warranty Work Costs multiplied by (B) the percentage of completion of the applicable Tenant Warranty for tenant improvements, In-process Purchase Order corresponding to such Pre-Closing Product and (ii) of one (1) year subsequent for a Pre-Closing Product under a Complete Purchase Order, an amount equal to the date each full amount of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agrees, at its sole cost and expense, to promptly (subject to Force Majeure) correct any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Buyer’s Warranty Work is the subject of a Lease or New Lease, the provisions of Costs for such Lease or New Lease shall control in the determination of the scope of the Warranty Work. If Warranty Work is not the subject a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objects, in good faith, within ten (10) business days following receipt of a Warranty Notice, it shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser and Seller are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by SellerPre-Closing Product.

Warranty Work. For the period ("Warranty Period") (i) that is provided in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agrees, at its sole cost and expense, to promptly (subject to Force Majeure) correct any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Warranty Work is the subject of a Lease or New Lease, the provisions of such Lease or New Lease shall control in the determination of the scope of the Warranty Work. If Warranty Work is not the subject a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objects, in good faith, within 44 50 ten (10) business days following receipt of a Warranty Notice, it shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser and Seller are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by Seller.

Warranty Work. For Purchaser shall perform all service, repair, replacement and similar work required under the period Seller's and Seller's Affiliates written warranties for services provided and products sold by the Business prior to the Applicable Closing Date ("Warranty PeriodWARRANTY WORK") (i) that is provided ), in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, a workmanlike manner and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance consistent with the Plans, Seller agrees, at its sole cost Seller's and expense, Seller's Affiliates past practices. Prior to promptly (subject to Force Majeure) correct commencing any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "such Warranty Work"). If , Purchaser shall notify the Seller or Seller's Affiliates in writing of such Warranty Work is claim, specifying the subject of a Lease or New Leasecontractual basis therefor, the provisions of such Lease or New Lease shall control in the determination of the scope of the Warranty Work proposed to be performed and the estimated expense to be incurred in connection therewith. Upon receipt of notice of a claim for Warranty Work. If , the Seller or Seller's Affiliate shall promptly advise Purchaser in writing of any objections the Seller or Seller's Affiliate may have that the proposed scope of Warranty Work is not exceeds that required under the subject a Lease Seller's or New LeaseSeller's Affiliate's pre-closing written warranty requirements, then specifying the provisions of this Paragraph 24.17 basis therefor, and the parties shall control in the determination of the scope of the Warranty Work. Howeverthereafter attempt to negotiate, Warranty Work shall not in any way include routine diligently and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines a mutually satisfactory resolution to require Warranty Workany matters in dispute. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, Purchaser may proceed with the Warranty Work that is upon the subject earlier to occur of the Warranty Notice. However, if Seller objects, in good faith, within ten (10i) business days following receipt of a Warranty Notice, it shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring the Seller's or Seller's Affiliate's receipt of notice of the claim for Warranty Work, if 32 Purchaser and has not received notification of the Seller's or Seller's Affiliate's objections thereto or (ii) the parties' resolution of all disputed matters with respect to such claim. The Seller are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they Seller's Affiliate shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, reimburse Purchaser for any such Warranty Work shall be undertaken in an amount equal to (a) the original ticket price for service work and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warrantyproduct replacement, and in such event the Warranty Work obligation of Seller in respect thereto shall (b) Purchaser's shop level cost (direct materials cost plus actual overhead-burdened labor not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by Sellerto exceed $45.00/hour) for repair work.

Warranty Work. For Buyer shall perform all service, repair, -------------- replacement and similar work required under the period Seller's written warranties for services provided and products sold by the Business prior to the Closing Date ("Warranty PeriodWARRANTY WORK") (i) that is provided ), in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, a workman-like manner and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance consistent with the Plans, Seller agrees, at its sole cost and expense, to promptly (subject to Force Majeure) correct Buyer's practices. Prior xx xxmmencing any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If such Warranty Work is reasonably estimated to cost more than $5,000.00, Buyer shall notify the subject of a Lease or New Lease, the provisions Seller in writing of such Lease or New Lease shall control Warranty Work claim, providing in reasonable detail the determination of then known the contractual basis therefor, the scope of the Warranty Work proposed to be performed and the estimated expense, if possible, to be incurred in connection therewith. Upon receipt of notice of a claim for Warranty Work. If , the Seller shall promptly, but in no more than two (2) business days, advise Buyer in writing of any objections the Seller may have that the proposed scope of Warranty Work is not exceeds that required under the subject a Lease or New LeaseSeller's pre-closing written warranty requirements, then specifying the provisions of this Paragraph 24.17 basis therefor, and the parties shall control in the determination of the scope of the Warranty Work. Howeverthereafter attempt to negotiate, Warranty Work shall not in any way include routine diligently and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines a mutually satisfactory resolution to require Warranty Workany matters in dispute. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, Buyer may proceed with the Warranty Work that is upon the subject earlier to occur of the Warranty Notice. However, if Seller objects, in good faith, within ten (10i) three (3) business days following after the Seller's receipt of a Warranty Notice, it shall notify Purchaser, in writing notice of the same. Thereafterclaim for Warranty Work, they shall promptly confer, in good faith, to resolve any disagreement in if Buyer has not received prior notification of the Seller's objections thereto or (ii) the parties' resolution of all disputed matters with respect to Warranty Worksuch claim. If within fifteen (15) days after conferring Purchaser and The Buyer shall not make a claim for reimbursement by Seller are unable to agree until it has utilized the warranty reserve as reflected on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make Final Settlement Statement and then any such determination, and the scope so determined by the third party contractor claim shall be binding on the Partiessubject to Section 10.4. 1. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, Seller shall reimburse Buyer for any such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain in an amount equal to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by SellerBuyer's standard costs.