Work Warranty. (a) Contractor warrants only that the Work shall be completed in accordance with industry standards and Applicable Law (“Warranty”). Any claim that the Work fails to meet the Warranty must be brought within one hundred eighty (180) days after the completion of such Work (the “Warranty Period”). Notwithstanding the foregoing, for any Work that is Well P&A Work, the Warranty shall include Contractor’s warranty that there will not be any release of hydrocarbons at the location of such Well P&A Work for a period of twelve (12) months after completion of such Well P&A Work (“Well P&A Warranty Period”).
(b) Owner shall give Contractor written notice of Work that fails to meet the Warranty before the expiration of the Warranty Period or the Well P&A Warranty Period, as applicable (ordinary wear and tear excluded). Contractor shall then commence, at its own expense (but Owner shall be responsible for all costs with respect to such remedy Work to the same extent Owner was responsible for costs with respect to the original Work), to repair, modify, re-perform or replace the defective Work as Contractor deems necessary to correct such defective Work (“Remedy”). In no event shall Contractor have any obligation to Remedy the Work if Owner fails to provide Notice before the expiration of the Warranty Period or Well P&A Warranty Period or if Contractor determines that the Remedy is required because of some action or inaction on the part of Owner. Should investigation by Contractor reveal that there is no defect of the Work as reported by Owner, Owner shall reimburse Contractor for all reasonable costs in connection therewith.
(c) There will be no extension of any Warranty Period or any Well P&A Warranty Period, as applicable, upon the completion of any Remedy.
Work Warranty. The Construction Company shall warrant to Developer Lessor and Lessee the soundness and security, the quality of the materials used (if the materials applied do not comply with the provisions in the Executive Project, including any amendments thereto, and with the Rules of the Brazilian Association of Technical Standards (ABNT) concerning the construction), as well as the repair of any structural failures and hidden defects arising out of the Work performance for the terms established by the applicable civil law and to be defined in the construction agreement.
Work Warranty. 14.1 CONTRACTOR warrants that labour and materials furnished under the Agreement herein shall be fully in accordance with the Mining Plans and Programs.
14.2 CONTRACTOR warrants that all of its loading and hauling equipment as well as its accessory or auxiliary equipment shall have operating availability enough to ensure the fulfillment of the Mining Plans and Programs. The general maintenance programs (scheduled and preventive maintenance programs) on the drilling, hauling, loading and accessory equipment, as well as the weekly statistical control regarding mechanical availability and using of the said equipment, shall be monthly monitored by CLIENT. CONTRACTOR shall deliver CLIENT a monthly report about this matter.
14.3 CONTRACTOR warrants that the granulometric curve that is obtained from blasting in the ore areas shall result in a product of which 80% of feeding or input size to the primary crusher shall be less than 25inches and it will not exceed 42 inches. Work shall be performed jointly and permanently with the client and the drilling service supplier, carrying out required tests in the various ore areas so that this fragmentation may be the most adequate and reachable at all times. (Exhibit “O”). CLIENT, jointly with CONTRACTOR and drilling service supplier shall perform on a weekly basis monitoring of ore fragmentation to obtain and optimize the desired ore granulometry.
14.4 CONTRACTOR hereby warrants that performance of Work:
14.4.1 Shall be adequate for the purpose of the Agreement herein, in conformity with Mining Plans and Programs;
Work Warranty. 11.1.1 Contractor represents and warrants that during the Warranty Period all engineering and design work, including all Prior Work to the extent constituting engineering and design work, provided by Contractor and its Affiliates shall have been and shall be performed in accordance with Prudent Industry Practice.
11.1.2 Contractor represents and warrants that during the Warranty Period all Contractor-Supplied Equipment and workmanship performed at the Facility by Contractor and its Affiliates shall (a) be free from errors, defects and damage in material and workmanship; (b) be new unless the Parties agree otherwise in advance and in writing; (c) be of good quality and good condition; (d) be delivered, handled, stored (whether on-Site or off-Site) and installed in accordance with all manufacturer's instructions and in a manner that does not void or impair manufacturer warranties; and (e) conform to the requirements of this Agreement, including the Specification.
11.1.3 Contractor makes no representations or warranties relating to any Owner Equipment or Major Equipment following Substantial Completion of the Power Block to which such Owner Equipment or Major Equipment relates.
11.1.4 Contractor represents and warrants that during the Warranty Period all computer hardware and software and all microchip devices and equipment which are part of the Equipment or the Facility (other than any components included as part of the Owner Equipment or Major Equipment, except with respect to (c) and (d) below) shall: (a) be free from material defects in materials and workmanship, (b) comply with the Specification, (c) be compatible with each other, (d) operate together as a system, (e) completely and accurately process, present and store all dates and date related functions without producing abnormally ending or incorrect results, and (f) at the time of Substantial Completion of the Power Block to which they relate, contain no computer viruses or code that may be used to modify, delete, render inaccessible or damage any part of the Work or Owner's data files or other programs.
Work Warranty. Contractor warrants that all Products shall be supplied free of liens and free of any other defect in title. For the Warranty Period, Contractor warrants to Foremost that the Work: (i) shall be constructed and performed in accordance with, and shall conform in all material respects with the requirements, design and specification (if any), of this Agreement and all Applicable Laws; (ii) shall be free of any defect, fault or deficiency (latent or otherwise), including without limitation in materials, engineering and construction or workmanship; (iii) shall be fit for its intended purpose (and if not specified, shall be fit for its ordinary purpose); and (iv) does not infringe on any intellectual property rights of any third parties. Contractor shall immediately advise Foremost in writing of any defects or deficiencies in the Work that it discovers. Upon receipt of Foremost’s written notice of defects or deficiencies in any of the Work during the Warranty Period, Contractor at its sole expense, cost and risk shall, at Foremost’s direction, acting reasonably, rework, repair and replace the affected Work so as to correct or remedy such defects and deficiencies. Such rework shall be performed at a time and within the period requested by Xxxxxxxx, acting reasonably, having regard to the urgency of the circumstances and in such a manner so as to cause a minimum of interruption in the use of the Work and a minimum of disruption to Foremost’s business and operations. If Contractor fails to diligently and satisfactorily carry out any rework, repairs or replacements required by this Section 18, Foremost shall have the right to have such rework performed by Foremost or a third party. Such recourse shall in no way relieve Contractor from its warranty obligations under this Agreement, and the costs of such rework shall be charged to Contractor, but rework performed by others shall not be subject to Contractor’s warranty obligations. Contractor warrants all rework, including without limitation repairs or replacements, if any, performed under its warranty obligations as of the date of Foremost’s acceptance of such rework and for a period of the same duration as that of the Warranty Period. Such Warranty Period for rework shall commence on the date of Foremost’s acceptance of such rework, including without limitation testing of all rework, and the Warranty Period generally shall be extended by any period or periods during which operations or use of the Work or any portion o...
Work Warranty. Contractor warrants that it will perform the Work as a prudent contractor consistent with Codes and Standards on projects similar to this Work project; and without limiting the generality of the foregoing, that the Work, including the Contractor Supplied Materials and Equipment will: (i) be free from errors, defects or damage in Design, materials, and workmanship; (ii) be new; (iii) be of good quality and good condition; (iv) be delivered, handled, stored (whether on the Job Site or off of the Job Site) and installed in accordance with manufacturers’ and/or Subcontractors’ instructions and requirements; (v) will be performed in a good and workmanlike manner and in accordance with the requirements of the Agreement. [**] Represents text deleted pursuant to a confidentiality treatment request filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended
Work Warranty. Contractor warrants that the Work shall be performed in a competent manner and shall be free from defects and workmanship. If such defects become apparent to Owner within one year from the date of completion of the Work, Owner shall promptly notify Contractor and Contractor shall correct such deficiencies during standard working hours at no cost to Owner. Such corrected deficiencies shall likewise be subject to the provisions of this paragraph for one year from the date of completion of correction by Contractor. In the event Contractor does not undertake the correction, Owner will have the right to perform the corrections and xxxx the associated costs to Contractor.
Work Warranty. Contractor warrants to Owner (the “Work Warranty”) that all Work (other than Work covered by the Materials Warranty), including Contractor’s (and its Subcontractor’s) construction and design of the Project and the installation of the Equipment and Materials:
(a) shall be Industry Grade;
(b) shall be free from Defects; and
(c) shall conform to all applicable requirements of this Agreement, the then current drawings and specifications as approved or accepted by Owner, Applicable Laws and the Applicable Permits; provided that Contractor’s obligation with respect to Applicable Laws or Applicable Permits governing emissions from the Project is limited to compliance with the Emissions Guarantees.
Work Warranty. Contractor warrants to Owner (the “Work Warranty”) that all Work (other than engineering and design Work and Work covered by the Materials Warranty), including Contractor’s (and its Subcontractor’s) construction of the Project and the installation of the Equipment and Materials:
(a) shall be Industry Grade;
(b) shall be free from Defects;
(c) shall conform to all applicable requirements of this Agreement, the Submittals approved or accepted by Owner, Applicable Laws and the Applicable Permits; and
(d) shall be generally fit for the purpose of generation of electric power in accordance with and subject to the terms of this Agreement when operated in accordance with prudent operating practices. Contractor further warrants that the engineering and design Work shall be completed without Errors and Omissions.
Work Warranty. SolarCity warrants as follows:
(a) the Work shall be (i) free fro m defects in assembly and workmanship, and be new, unused, and undamaged when installed; (ii) in compliance with the require ments of this Agreement; and (iii) in compliance with all applicable La ws; and
(b) the Work will be performed (i) in a good and workmanlike manner, (ii) in accordance with the requirements of this Agreement, and (iii) in compliance with all applicable Laws. Collective ly (a) and (b) are the “Work Warranty.”
