Construction Warranty. At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).
Construction Warranty. At the Closing, the Company shall be the named beneficiary of all construction warranties with respect to the Hotel, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit E (the “Construction Warranty”).
Construction Warranty. 3.6.1 The Design consultant and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies.
Construction Warranty. The Contractor hereby warrants to Seller and Buyer that all materials and equipment furnished with respect to the Property are new and the work performed by the Contractor with respect to the Property is of good and workmanlike quality, free from faults and defects, and in conformance with all contract documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The foregoing warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by Seller or Buyer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor hereby guarantees to Seller and Buyer all work performed and materials and equipment furnished with respect to the Property against defects in materials and workmanship for a period of one year from the date of substantial completion of the entire Property, or for a longer period if so specified in the contract documents. The Contractor shall, within a reasonable time after receipt of written notice thereof, and without reimbursement under the construction contract, make good any defects in materials, equipment and workmanship which may develop within periods for which said material, equipment and workmanship are guaranteed and make good any damage to other work caused by the repairing of such defects. EXHIBIT I (Intentionally Omitted) EXHIBIT J
Construction Warranty. 3.6.1 The Engineer and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies.
Construction Warranty. Landlord warrants the Leasehold Improvements against defective workmanship and materials for a period of one year after Substantial Completion thereof. Landlord's sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies Landlord of the defective item within such one year period. Landlord has no obligation to repair or replace any item after such one year period expires. THE WARRANTY TERMS PROVIDE THE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF TENANT FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, TORT, WARRANTY OR OTHER RIGHTS OR CLAIMS, WHETHER EXPRESS OR IMPLIED, THAT MIGHT OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
Construction Warranty. Seller warrants to Purchaser that the Improvements installed by or under Seller are free from defects in material and workmanship and are free from material defects in the design of the Improvements, for a period beginning on the Closing Date and ending on the date that is one year after the Closing Date (the "Warranty Period"). For purposes of this Agreement, "material defects in the design of the Improvements" means a failure to design the Improvements in accordance with applicable covenants, building laws, codes, ordinances, regulations and dimensional aspects of zoning regulations, as the same are interpreted and enforced as of the date of the design and construction of the Improvements. If any of such work which is the subject of the construction warranty described herein is found to be defective within the Warranty Period and Purchaser has provided notice thereof to Seller within the Warranty Period, Seller will, at its sole cost, risk and expense, correct such work promptly after receipt of written notice from Purchaser, and in any event Seller will commence the completion of such correction within 30 days after written notice from Purchaser unless such defect creates a safety hazard or adversely affects the use of the applicable space in the Improvements, in which event Seller will commence the completion of such correction within 5 days after written notice from Purchaser. Seller will bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, which is caused by Seller's correction or removal of defective work. Purchaser agrees to provide Seller with access to the Subject Property for the limited purpose of correcting and repairing such defective workmanship and/or materials. Seller will diligently and continuously proceed with the completion of all corrective work in a manner so as to minimize, to the extent reasonably practicable, disrupting of Purchaser's and the Tenant's operation of the Subject Property. All work done by Seller under this Section 26 shall not result in any liens being filed against the Subject Property. Performance of such one year warranty will be Seller's sole and exclusive obligation with respect to the correction or repair of the defective workmanship and/or materials, and Purchaser's rights to enforce such one year warranty is Purchaser's sole and exclusive remedy with respect to the correction or repair of such defective workmanship and/or materials in limitation of any contr...
Construction Warranty. All Work shall be free from defects and conform to the requirements of the Contract Documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. CM/GC shall, if required, furnish satisfactory evidence as to the kind and quality of materials and Work. Such warranties are referred to herein as the Construction Warranty.
Construction Warranty. (a) Seller shall provide a Limited Warranty to the Buyer at Closing. Xxxxx acknowledges receipt of a copy of the Limited Warranty at the time of signing this Contract. The Limited Warranty is the only warranty, express or implied, which Seller makes to the Buyer. BUYER INITIAL
Construction Warranty. Landlord shall construct the Tenant Improvements substantially in accordance with this Work Letter and the Final Plans, all Laws and Private Restrictions, and in a good and workmanlike manner, and all materials and equipment furnished will substantially conform to said plans and shall be new and otherwise of good quality. Landlord's Contractor and subcontractors shall be responsible for the correction of defects in design, workmanship, materials and equipment supplied, and the cost of correction shall not be charged against the Tenant Improvement Allowance or be a Property Maintenance Expense.
