Common use of Notice of Warranty Claim Clause in Contracts

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.6, if during the Defect Warranty Period, Design Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the Owner provides Notice to Contractor that any of the Work fails to satisfy the Defect Warranty during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be), then Contractor shall have a reasonable opportunity to inspect such claimed defect, and at Contractor’s own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defect, shipping and installation of replacement parts in respect of a defect and the cost of repairing or replacing such part of the Work as shall be necessary to cause the Work to conform to the applicable Warranty. The timing of and the work to be completed with respect to any such remediation or repair shall be subject to Owner’s approval, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing and subject to Section 16.6, if any of the Work shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and adversely affects the operation of the Project, Contractor shall correct the failure as soon as is practicable. Notwithstanding anything to the contrary herein, Contractor shall have the right to dispute any Warranty claim.

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.6, if if, during the Defect applicable Warranty Period, Design Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the Owner provides Notice to Contractor within a reasonable time (given the nature of the defect), but prior to the expiration of the applicable Warranty Period, that any of the Work fails to satisfy the Defect Warranty during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be), then Contractor shall have a reasonable opportunity to inspect such claimed defect, and at Contractor’s own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defect, shipping and installation of replacement parts in respect of a defect and the cost of repairing or replacing such part of the Work as shall be necessary to cause the Work to conform to the applicable Warranty. The timing of and the work to be completed with respect to any such remediation or repair shall be subject to Owner’s approval, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing and subject to Section 16.6, if any of the Work shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and adversely affects the operation of the Project, Contractor shall correct the failure as soon as is practicable. Notwithstanding anything to the contrary herein, Contractor shall have the right to dispute any Warranty claim.

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.6, if if, during the Defect applicable Warranty Period, Design Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the Owner provides Notice to Contractor within a reasonable time (given the nature of the defect), but prior to the expiration of the applicable Warranty Period, that any of the Work fails to satisfy the Defect Warranty during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be), then Contractor shall have a reasonable opportunity to inspect such claimed defect, and at Contractor’s own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defect, shipping and installation of replacement parts in respect of a defect and the cost of repairing or replacing such part of the Work as shall be necessary to cause the Work to conform to the applicable Warranty. The timing of and the work to be completed with respect to any such remediation or repair shall be subject to Owner’s approval, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing and subject to Section 16.6, if any of the Work shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and adversely affects the operation of the Project, Contractor shall correct the failure as soon as is practicable. Notwithstanding anything to the contrary herein, Contractor shall have the right to dispute any Warranty claim. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.6If, if during the Defect Warranty Period, Design applicable Warranty Period or Installation Warranty Period applicable to such Work within thirty (as the case may be30) the Days thereafter, Owner provides Notice notice to Contractor within a reasonable period after discovery that any the applicable portion of the Work fails to satisfy the Defect Warranty Facility has manifested a defect during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be)***, then Contractor as promptly as practicable, but in no event later than five (5) Days following receipt of such notice, shall have a reasonable opportunity to inspect such claimed defectwarranty defect or nonconformance, and at Contractor’s 's own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Facility or Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant resulting property damage to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amendedProject caused by such defective Work. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defectdefective component, the costs of shipping and installation of replacement parts in respect of a defect defect, and the cost of repairing re-performing, repairing, replacing or replacing testing such part of the Work item as shall be necessary to cause conformance with the Work to conform to the applicable WarrantyDefect Warranty ***. The timing of and the work to be completed with respect to any such remediation or repair shall be subject to Owner’s 's approval. Such remediation or repair shall be considered complete when the applicable defect has been corrected by the affected equipment or parts being restored to Technical Specifications and the other requirements of this Agreement and the Contract Documents, such approval not to be unreasonably withheld or delayedand compliance with Applicable Laws, Industry Standards and Applicable Permits. Notwithstanding the foregoing and subject to Section 16.6foregoing, if any of the Work Facility shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and adversely affects the operation of the ProjectFacility, Contractor shall correct the failure as soon as is practicablepracticable or, if Contractor does not so correct such failure, Owner shall be permitted to correct such failure at Contractor's sole cost pursuant to Section 21.6(b). Notwithstanding anything For the purposes of this Section 21.6(a), manifestation of a defect shall include failure to the contrary herein, Contractor shall have the right to dispute any Warranty claimfunction and physical damage.

Notice of Warranty Claim. Subject If, during the applicable Warranty Period or within thirty (30) Days thereafter, Owner provides notice to Section 16.2 and Section 16.6, if Contractor within a reasonable period after discovery that the applicable portion of the Facility has manifested a defect during the Defect Warranty Period, Design Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the Owner provides Notice to Contractor that any of the Work fails to satisfy the Defect Warranty during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be)Period, then Contractor as promptly as practicable, but in no event later than five (5) Days following receipt of such notice, shall have a reasonable opportunity to inspect such claimed defectwarranty defect or nonconformance, and at Contractor’s own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Facility or Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant resulting property damage to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amendedFacility caused by such defective Work. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defectdefective component, the costs of shipping and installation of replacement parts in respect of a defect defect, and the cost of repairing re-performing, repairing, replacing or replacing testing such part of the Work item as shall be necessary to cause conformance with the Work to conform to the applicable Defect Warranty or Design Warranty. The timing of and the work to be completed with respect to any such remediation replacement or repair shall be subject to Owner’s approval. Such replacement or repair shall be considered complete when the applicable defect has been corrected by the affected equipment or parts being restored to Technical Specifications and the other requirements of this Agreement and the Contract Documents, such approval not to be unreasonably withheld or delayedand compliance with Applicable Laws, Prudent Utility Practices and Applicable Permits. Notwithstanding the foregoing and subject to Section 16.6foregoing, if any of the Work Facility shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and adversely affects the operation of the ProjectFacility, Contractor shall correct the failure as soon as is practicablepracticable or, if Contractor does not so correct such failure, Owner shall be permitted to correct such failure at Contractor’s sole cost pursuant to Section 21.6(b). Notwithstanding anything For the purposes of this Section 21.6(a), manifestation of a defect shall include failure to the contrary herein, Contractor shall have the right to dispute any Warranty claimfunction and physical damage.

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.617.7.5, if during the Defect Warranty Period, Design Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the Owner provides shall provide Notice to Contractor within a reasonable period after discovery that any of the Work fails to satisfy the Defect Work Warranty or the Materials Warranty during the Defect applicable Warranty Period applicable to such WorkPeriod. Contractor shall, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be), then Contractor shall have a reasonable opportunity to inspect such claimed defect, and at Contractor’s own cost and expense as promptly as practicable (including overtime, but excluding insurance proceeds to the extent actually received) refinish, repair or replace, at its option, such non-conforming nonconforming or defective part of the Work Work, within its original Scope of Work, including re-performing any necessary engineering and purchasing relating to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permitssuch Work, and this Agreement. Additionally, Contractor shall pay the cost of removing any defect, shipping and installation of replacement parts in respect of a defect Error or Omission or Defect and the cost of repairing re-performing, repairing, replacing or replacing testing such part of subject Work, including any damage to the surrounding Work (subject to the limitations provided in Section 22.2), as shall be necessary to cause the Work and the Project to conform to the Work Warranty or Materials Warranty. In addition, subject to the limitations provided in Section 22.2, Contractor shall, at its own cost and expense (including overtime, but excluding insurance proceeds to the extent actually received), repair and replace any portion of the Work that is damaged or destroyed because any of the Work shall fail to satisfy the Work Warranty or the Materials Warranty during the applicable WarrantyWarranty Period, all in accordance with the Warranty Procedures. Within five (5) Business Days after receipt by Contractor of a Notice from Owner delivered during the Warranty Period specifying a failure of any of the Work to satisfy Contractor’s Work Warranty or the Materials Warranty and requesting Contractor to correct the failure, Contractor and Owner shall mutually agree when and how Contractor shall remedy such failure (the “Warranty Procedures”). The timing of and the work Work to be completed with respect to any such remediation or repair shall be subject to Owner’s approval, . No such approval not to remediation or repair shall be unreasonably withheld or delayedconsidered complete until Owner shall have reviewed and approved such completed remedial work. Notwithstanding the foregoing and subject to Section 16.617.7.2.2, if any of the Work shall fail to satisfy Contractor’s Work Warranty or the applicable Warranty during the applicable Warranty PeriodMaterials Warranty, and such failure endangers human health or property or materially and adversely affects the operation of the Project, Contractor shall correct the failure as soon as is reasonably practicable. Notwithstanding anything to the contrary herein, Contractor shall have the right to dispute any Warranty claim.

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.617.7.5, if during the Defect Warranty Period, Design Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the Owner provides shall provide Notice to Contractor within a reasonable period after discovery that any of the Work fails to satisfy the Defect Work Warranty or the Materials Warranty during the Defect applicable Warranty Period applicable to such WorkPeriod. Contractor shall, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be), then Contractor shall have a reasonable opportunity to inspect such claimed defect, and at Contractor’s own cost and expense as promptly as practicable refinish(including overtime, repair or replace, at its option, such non-conforming or defective part of the Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant but excluding insurance proceeds to the Registrant’s application requesting confidential treatment pursuant extent actually received), re-perform any necessary engineering and purchasing relating to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permitssuch Work, and this Agreement. Additionally, Contractor shall pay the cost of removing any defect, shipping and installation of replacement parts in respect of a defect Defect and the cost of repairing re-performing, repairing, replacing or replacing testing such part of subject Work, including any damage to the surrounding Work (subject to the limitations provided in Section 22.2), as shall be necessary to cause the Work and the Project to conform to the applicable Work Warranty or Materials Warranty. The timing In addition, subject to the limitations provided in Section 22.2, Contractor shall, at its own cost and expense (including overtime, but excluding insurance proceeds to the extent actually received), repair and replace any portion of the Work that is damaged or destroyed because any of the Work shall fail to satisfy the Work Warranty or the Materials Warranty during the applicable Warranty Period, all in accordance with the Warranty Procedures. Within a reasonable time not to exceed thirty (30) days after receipt by Contractor of a Notice from EXECUTION COPY Owner specifying a failure of any of the Work to satisfy Contractor’s Work Warranty or the Materials Warranty and requesting Contractor to correct the work to be completed with respect to any failure, Contractor and Owner shall mutually agree when and how Contractor shall remedy such failure (the “Warranty Procedures”). Any such remediation or repair shall be subject to Owner’s approval, . No such approval not to remediation or repair shall be unreasonably withheld or delayedconsidered complete until Owner shall have reviewed and approved such remedial work. Notwithstanding the foregoing and subject to Section 16.617.7.2.2, if any of the Work shall fail to satisfy Contractor’s Work Warranty or the applicable Warranty during the applicable Warranty PeriodMaterials Warranty, and such failure endangers human health or property or materially and adversely affects the operation of the Project, Contractor shall correct the failure as soon as is reasonably practicable. Notwithstanding anything to the contrary herein, Contractor shall have the right to dispute any Warranty claim.

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.6If, if during the Defect Warranty Period, Design applicable Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the within *** thereafter, Owner provides Notice notice to Contractor within a reasonable period after discovery that any the applicable portion of the Work fails to satisfy the Defect Warranty Facility has manifested a defect during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be)***, then Contractor as promptly as practicable, but in no event later than *** following receipt of such notice, shall have a reasonable opportunity to inspect such claimed defectwarranty defect or nonconformance, and at Contractor’s 's own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Facility or Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant resulting property damage to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amendedProject caused by such defective Work. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defectdefective component, the costs of shipping and installation of replacement parts in respect of a defect defect, and the cost of repairing re-performing, repairing, replacing or replacing testing such part of the Work item as shall be necessary to cause conformance with the Work to conform to the applicable WarrantyDefect Warranty ***. The timing of and the work to be completed with respect to any such remediation or repair shall be subject to Owner’s 's approval. Such remediation or repair shall be considered complete when the applicable defect has been corrected by the affected equipment or *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. 72 parts being restored to Technical Specifications and the other requirements of this Agreement and the Contract Documents, such approval not to be unreasonably withheld or delayedand compliance with Applicable Laws, Industry Standards and Applicable Permits. Notwithstanding the foregoing and subject to Section 16.6foregoing, if any of the Work Facility shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and adversely affects the operation of the ProjectFacility, Contractor shall correct the failure as soon as is practicablepracticable or, if Contractor does not so correct such failure, Owner shall be permitted to correct such failure at Contractor's sole cost pursuant to Section 21.6(b). Notwithstanding anything For the purposes of this Section 21.6(a), manifestation of a defect shall include failure to the contrary herein, Contractor shall have the right to dispute any Warranty claimfunction and physical damage.

Notice of Warranty Claim. Subject to Section 16.2 and Section 16.6If, if during the Defect Warranty Period, Design applicable Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the within *** thereafter, Owner provides Notice notice to Contractor within a reasonable period after discovery that any the applicable portion of the Work fails to satisfy the Defect Warranty Facility has manifested a defect during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be)***, then Contractor as promptly as practicable, but in no event later than *** following receipt of such notice, shall have a reasonable opportunity to inspect such claimed defectwarranty defect or nonconformance, and at Contractor’s 's own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Facility or Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant resulting property damage to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amendedProject caused by such defective Work. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defectdefective component, the costs of shipping and installation of replacement parts in respect of a defect defect, and the cost of repairing re-performing, repairing, replacing or replacing testing such part of the Work item as shall be necessary to cause conformance with the Work to conform to the applicable WarrantyDefect Warranty ***. The timing of and the work to be completed with respect to any such remediation or repair shall be subject to Owner’s 's approval. Such remediation or repair shall be considered complete when the applicable defect has been corrected by the affected equipment or parts being restored to Technical Specifications and the other requirements of this Agreement and the Contract Documents, such approval not to be unreasonably withheld or delayedand compliance with Applicable Laws, Industry Standards and Applicable Permits. Notwithstanding the foregoing and subject to Section 16.6foregoing, if any of the Work Facility shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. 77 adversely affects the operation of the ProjectFacility, Contractor shall correct the failure as soon as is practicablepracticable or, if Contractor does not so correct such failure, Owner shall be permitted to correct such failure at Contractor's sole cost pursuant to Section 21.6(b). Notwithstanding anything For the purposes of this Section 21.6(a), manifestation of a defect shall include failure to the contrary herein, Contractor shall have the right to dispute any Warranty claimfunction and physical damage.