CONTRACTOR'S WARRANTY AND GUARANTEE Sample Clauses

CONTRACTOR'S WARRANTY AND GUARANTEE. Contractor warrants that Work performed under this Contract will conform to the Contract requirements and will be free of any defect in materials or workmanship for a period of two (2) years. Contractor shall remedy any failure to conform, any defect, and/or any damage to the Project as a result of Contractor’s failure to conform with the Contract requirements at Contractor's own expense. If Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice (but not to exceed thirty (30) days), RCDSCC shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage and Contractor is responsible for all costs incurred by RCDSCC to remedy the same.
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CONTRACTOR'S WARRANTY AND GUARANTEE. CONTRACTOR warrants and ----------------------------------- guarantees (i) that all of CONTRACTOR'S, its subcontractors' and vendors' design and engineering work for the Facility, as well as the selection of materials for the Facility, will be properly performed; (ii) that the Facility and all workmanship and materials therein will be (and perform) as specified and described in the Contract Documents and in applicable plans, specifications, drawings, data sheets and other Contract Documents approved by COMPANY; (iii) that all said workmanship and materials will be of the best quality for the grades specified, free from objectionable defects, and suitable for the respective uses intended; (iv) that CONTRACTOR'S work and design possesses at the time of Final Acceptance the characteristics assured in the Contract; (v) that the work and design conform with the recognized rules of sound engineering practice and are free from defects which would nullify or diminish the value or usefulness of the Facility for normal purposes or for the purpose intended in the Contract; and (vi) that the work and design shall satisfy COMPANY requirements for clean room air quality, process equipment, vibration, particulate, air, water and other quality requirements of COMPANY. The foregoing warranties and guarantees exclude the Wafer Process Equipment and materials purchased directly by COMPANY. If any failures of the Facility or any Construction Phase or any system within the Facility to conform to the foregoing warranties and guarantees (excepting, however, any such failures resulting from ordinary wear and tear, ordinary corrosion, or improper operation after COMPANY takes over the Facility for operation if such improper operation is not attributable to some act or omission of CONTRACTOR, its subcontractors or vendors) are found by COMPANY within the applicable period of time specified hereinafter in this Section, beginning on the Warranty Commencement Date (defined in this Section) applicable to the Facility or to the Construction Phase or to such system, COMPANY shall promptly notify CONTRACTOR thereof in writing; and, in accordance with the provisions of Article 19 hereof, CONTRACTOR shall thereupon make all alterations, ---------- adjustments, repairs, replacements and other corrections and do all things needful to make the Facility or such Construction Phase or such system and all workmanship and materials therein conform to the warranties and guarantees herein specified i...
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CONTRACTOR'S WARRANTY AND GUARANTEE. Contractor warrants that Work performed under this Contract will conform to the Contract requirements and will be free of any defect in materials or workmanship for a period of two (2) years. Contractor shall remedy any failure to conform, any defect, and/or any damage to the Project as a result of Contractor’s failure to conform with the Contract requirements at Contractor's own expense. If Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice (but not to exceed thirty (30) days), GSNC shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage and Contractor is responsible for all costs incurred by GSNC to remedy the same.
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Related to CONTRACTOR'S WARRANTY AND GUARANTEE

  • Contractor’s Warranties and Guaranties Landlord hereby assigns to Tenant all warranties and guaranties by Contractor relating to the Tenant Improvements, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Tenant Improvements.

  • Contractor’s Warranties Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.

  • VENDOR'S WARRANTIES CONTRACTOR irrevocably appoints the LEA its agent and attorney-in-fact during the term of this Agreement, so long as the LEA shall not be in default hereunder for the purpose of asserting from time to time whatever claims and rights which CONTRACTOR may have against the Vendor, including warranty claims with respect to the Accepted Buses, but for no other purpose whatsoever. The LEA’s sole remedy for the breach of a warranty shall be against the Vendor and not against CONTRACTOR, nor shall such matters have any effect whatsoever of this Agreement, including the LEA’s obligation to make timely Installment Payments hereunder. The LEA expressly acknowledges that CONTRACTOR makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties from the Vendor.

  • Release of Liens and Guarantees In the event that any Loan Party conveys, sells, leases, assigns, transfers or otherwise disposes of all or any portion of its assets (including the Equity Interests of any of its Subsidiaries) to a Person that is not (and is not required to become) a Loan Party in a transaction not prohibited by the Loan Documents, the Administrative Agent and the Collateral Agent shall promptly (and the Lenders hereby authorize the Administrative Agent and the Collateral Agent to) take such action and execute any such documents as may be reasonably requested by the Borrower and at the Borrower’s expense to release any Liens created by any Loan Document in respect of such Equity Interests or assets that are the subject of such disposition and to release any guarantees of the Obligations, and any Liens granted to secure the Obligations, in each case by a Person that ceases to be a Subsidiary of the Borrower as a result of a transaction described above. Any representation, warranty or covenant contained in any Loan Document relating to any such Equity Interests or assets shall no longer be deemed to be made once such Equity Interests or assets are so conveyed, sold, leased, assigned, transferred or disposed of. The Security Documents, the guarantees made therein, the Security Interest (as defined therein) and all other security interests granted thereby shall terminate, and each Loan Party shall automatically be released from its obligations thereunder and the security interests in the Collateral granted by any Loan Party shall be automatically released, when all the Obligations are paid in full in cash and Commitments are terminated (other than (A) contingent indemnification obligations, (B) obligations and liabilities under Secured Cash Management Agreements and Secured Swap Agreements and (C) obligations and liabilities under Revolving Letters of Credit as to which arrangements satisfactory to the Issuing Banks shall have been made). At such time, the Administrative Agent and the Collateral Agent agree to take such actions as are reasonably requested by the Borrower at the Borrower’s expense to evidence and effectuate such termination and release of the guarantees, Liens and security interests created by the Loan Documents.

  • Warranties and Guaranties 10 3.8 Insurance..................................................................................... 10 3.9

  • Buyer’s Warranties All representations and warranties by Buyer in this Agreement shall be true on and as of the closing date as though such representations and warranties were made on and as of that date.

  • ACQUISITIONS AND GUARANTIES (a) Loan, invest in or advance money or assets, (b) purchase, create or acquire any interest in any other enterprise or entity, or (c) incur any obligation as surety or guarantor other than in the ordinary course of business.

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Seller’s Warranties (1) The Seller warrants that, except as disclosed in this contract at settlement:

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