Design and Construction Warranties. 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work which shall extend not only to Developer but also to IFA, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptance. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21.
Appears in 5 contracts
Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement
Design and Construction Warranties. 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work design, materials, workmanship, equipment, tools and supplies furnished by such Contractors, which shall extend not only to Developer but also to IFA, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptance. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this the Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21.
Appears in 2 contracts
Design and Construction Warranties. 5.11.1 Developer shall obtain from all Contractors representations, warranties, guarantees and obligations, in accordance with Good Industry Practice for work of similar scope and scale, with respect to the D&C Work which Work(including landscaping outside of the O&M Limits)which shall extend not only to Developer but also to IFA, Utility Owners and any third parties for whom Work is being performed; the warranty shall be for a period of not less than one (1) year after Final Acceptanceyear. All representations, warranties, guarantees and obligations of Contractors (a) shall be written so as to survive all IFA and Utility Owner inspections, tests and approvals, and (b) shall provide that upon expiration or any early termination of this Agreement prior to the expiration of such representations, warranties, guarantees and obligations they shall automatically be for the benefit of and enforceable by IFA and its successors and assigns, subject to the rights of the Lenders as provided in any Direct Agreement and Article 21.
Appears in 1 contract
Samples: Public Private Agreement
