Common use of Contractor Request Clause in Contracts

Contractor Request. To the extent any Manufacturer Warranty or other warranty provided by the manufacturer of any Material applies to, or would cover, any claim under the Work Warranty, Owner will assign, to the extent necessary and if requested by Contractor, to Contractor any Owner rights under the applicable Manufacturer Warranty or manufacturer warranty for the purpose of fulfilling Contractor’s obligations with respect to the Work Warranty claim; provided, however, said assignment would not adversely impact or impair Owner’s rights or remedies associated with the Work Warranty claim, and Contractor shall have the right to enforce the applicable Manufacturer Warranty or manufacturer warranty solely for the purpose of fulfilling the Work Warranty; provided further that in no event shall Contractor be relieved from performing its obligations under its Work Warranty.

Appears in 4 contracts

Sources: Engineering, Procurement and Construction Agreement (SolarMax Technology, Inc.), Engineering, Procurement and Construction Agreement (SolarMax Technology, Inc.), Engineering, Procurement and Construction Agreement (SolarMax Technology, Inc.)