Construction Warranties. Landlord shall obtain from Contractor, and shall request Contractor to obtain from all subcontractors and material suppliers, warranties (collectively, “Construction Warranties”) for all components of the Base Building Improvements for which warranties are customarily provided in the construction industry and Landlord shall enforce the Construction Warranties as reasonably requested by Tenant.
Construction Warranties. (a) If and to the extent that the Concessionaire obtains general or limited warranties from any contractor in favor of the Concessionaire with respect to the design, materials, workmanship, equipment, tools, supplies, software or services, the Concessionaire also shall cause such warranties to be expressly extended to the Department.
Construction Warranties. 4.13.1 Developer shall obtain from all Contractors appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Contractors, which shall extend not only to Developer but also to Utility Owners and any third parties for whom Work is being performed. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all Department and Utility Owner inspections, tests and approvals and (b) shall provide that upon any termination of the Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be enforceable by the Department. To the extent that any Contractor warranty or guaranty would be voided by reason of Developer's negligence or failure to comply with the requirements of the Contract Documents in incorporating material or equipment into the Work, Developer shall be responsible for correcting any defects in the Work performed by such Contractor.
Construction Warranties. Landlord shall obtain the ----------------------- manufacturer's warranties for the elements or systems which are part of the Demised Premises and which are customarily given by such manufacturers without additional cost to Landlord and warranties and guaranties from the contractors and subcontractors with respect to the Improvements and which are customarily given by such contractors and subcontractors without additional cost to Landlord. Landlord shall assign to Tenant (or, should Tenant not be legally capable of doing so itself, at Tenant's expense, prosecute on Tenant's behalf), on a non-exclusive basis, all statutory and contractual warranties and guaranties to which Landlord is entitled in connection with the Demised Premises, express or implied, including, without limitation the warranties arising under any construction contract between Landlord and Landlord's contractors and/or subcontractors involved in the construction of the Demised Premises. Other than the assignment to Tenant of such warranties, or as otherwise specifically provided in this Lease, Landlord shall have no obligation or responsibility to Tenant, or its successors, with respect to any condition of the Improvements. Landlord, at no cost or expense to Landlord, shall cooperate with Tenant in the enforcement by Tenant, at Tenant's sole cost and expense, of any such warranties or guaranties.
Construction Warranties. Landlord agrees that, subject to Tenant’s performance of Tenant’s obligation under this Exhibit B and after Landlord shall complete the Improvements, Landlord shall correct any construction defects about which Tenant notifies Landlord in writing within one (1) year following the Commencement Date. Tenant’s right to repair of any defect shall be extended for such longer period as may be covered by warranties provided by Contractor or subcontractor(s).
Construction Warranties. Landlord agrees that materials and equipment furnished in the performance of Landlord’s Work will be of good quality and new, and Landlord’s Work will be free from defects not inherent in the quality required or permitted under Appendix D and not relating to the design of Landlord’s Work (and the parties agree that any work performed or materials provided in conformance with the Construction Documents shall not be considered defective or in violation of Landlord’s warranty hereunder). Any portion of Landlord’s Work not conforming to the foregoing requirements, including substitutions not properly approved and authorized, may be considered defective. Landlord’s warranty also excludes remedy for damage or defect caused by abuse, modifications not made by Landlord, improper or insufficient maintenance or improper operation. Tenant shall give written notice to Landlord, within one (1) year of Substantial Completion of Landlord’s Work (the “Warranty Expiration Date”), time being of the essence, of any portion of Landlord’s Work not conforming to the foregoing requirements, setting forth with specificity the manner in which Tenant believes that Landlord has failed to comply with its obligations under this Section. Landlord agrees that it shall, without cost to Tenant, correct any portion of Landlord’s Work which is found not to be in accordance with the requirements of the warranties set forth in this Section, unless Tenant has previously given Landlord express written acceptance of such defective condition. Landlord shall correct any such defect within a reasonable time period (which period is agreed to be thirty (30) days after receipt of notice from Tenant specifying the defective condition unless such defect cannot be remedied within such thirty-day period, in which event Landlord shall have commenced repair of such defect within thirty (30) days and thereafter diligently pursued such repair to completion). If Landlord fails to correct any such portion of Landlord’s Work within such time period, Tenant may, after notice to Landlord and at its option without waiving any other remedies Tenant may have by reason of Landlord’s failure to perform such work, correct such defective condition, and Landlord agrees to reimburse Tenant for the cost of such work withing thirty (30) days after invoice. Upon the Warranty Expiration Date, Landlord shall at Tenant’s request assign to Tenant any and all construction and manufacturers’ warranties and guarantees with respect t...
Construction Warranties. (a) Notwithstanding anything to the contrary contained herein, the term "Acquired Assets" shall not include, the (i) Central Plant, (ii) Manhattan Expansion Tower Contract, (iii) Manhattan Interior Design Contract, (iv) HOK Expansion Project Contract and (v) HOK Interior Design Contract (with regard to clauses (ii)-(v), each as defined in the Construction Agreement and collectively referred to herein as the "Construction Documents"), but shall include all of Seller's right, title and interest in and to all construction and equipment warranties relating to the Real Property and Improvements (collectively, the "Construction Warranties") and all causes of action in connection with the Construction Warranties arising under or pursuant to the Construction Documents; provided, however, with respect to the Manhattan Expansion Tower Contract and Manhattan Interior Design Contract, the term "Acquired Assets" shall include only those Construction Warranties and causes of action which remain after Seller has completed its settlement of any existing claims and causes of action arising under or pursuant thereto (collectively "Existing Construction Claims"). Notwithstanding the foregoing, with respect to Manhattan Expansion Tower Contract and the Manhattan Interior Design Contract, the Seller shall not (A) waive any rights thereunder with respect to future causes of action with regard to the Center which are based on facts not known to Seller on the date hereof or (B) release the contractor thereunder from completion of the punchlist items created after consultation with Purchaser.
Construction Warranties. DAA hereby warrants that:
Construction Warranties. Xxxxxxxx agrees that, subject to Xxxxxx’s performance of Xxxxxx’s obligation under this Exhibit B and after Landlord shall complete the Improvements, Landlord shall correct any construction defects about which Tenant notifies Landlord in writing within one (1) year following the later of the completion of the Improvements or the Rent Commencement Date. Tenant’s right to repair of any defect shall be extended for such longer period as may be covered by warranties provided by Contractor or subcontractor (s), and Landlord shall use commercially reasonable efforts to obtain all available warranties and guaranties with respect to the Improvements. [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.
Construction Warranties. 50 Section 9.5 Emission Warranty..........................................................................51
