Subcontractor Warranties. Vendor shall obtain similar warranties and covenants to those set forth in Sections 7, 8 and 9 herein from each of its subcontractors and suppliers in favor of Buyer. Vendor shall assign to Buyer all manufacturer’s warranties for Goods not manufactured by or for Vendor, and shall take all necessary steps as required by such third party manufacturers to effect assignment of such warranties to Buyer.
Subcontractor Warranties. The Assignment of Subcontractor Warranties, executed by Contractor;
Subcontractor Warranties. Contractor shall, without additional cost to Owner, use commercially reasonable efforts to obtain warranties from Subcontractors that meet or exceed the requirements of this Agreement and shall cause such warranties to be freely assignable to Owner at the end of the Warranty Period (or upon expiration or termination of this Agreement, if earlier), without consent or approval, upon notice to the Subcontractor; provided, however, Contractor shall not in any way be relieved of its responsibilities and liability to Owner under this Agreement, regardless of whether such Subcontractor warranties meet the requirements of this Agreement, as Contractor shall be fully responsible and liable to Owner for its Warranty and Corrective Work obligations and liability under this Agreement for all Work. All such warranties shall be deemed to run to the benefit of Owner and Contractor. To the extent that any such Subcontractor warranties extend beyond the expiration of the Warranty Period (including, without limitation, the warranties provided by General Electric under the Power Island Supply Agreement), such warranties, with duly executed instruments assigning the warranties to Owner, shall be delivered by Contractor to Owner prior to the expiration of the Warranty Period and as a condition of returning the Letter of Credit upon the expiration of the Warranty Period pursuant to Section 6.9(d). Upon assignment, all warranties provided by any Subcontractor shall be in such form as to permit direct enforcement by Owner against any Subcontractor whose warranty is called for. Contractor agrees that Contractor’s Warranty, as provided under this Article 9 shall apply to all Work regardless of the provisions of any Subcontractor warranty, and such Subcontractor warranties shall be in support of, and not a limitation of, such Contractor’s Warranty. This Section 9.4 shall not in any way be construed to limit Contractor’s Warranty or other obligations under this Agreement for the entire Work, including its obligation to enforce Subcontractor warranties.
Subcontractor Warranties. We will obtain written warranties in favour of RTA from Subcontractors, to the extent such warranties are relevant, that any:
Subcontractor Warranties. The Assignment of Subcontractor Warranties, executed by Purchaser;
Subcontractor Warranties. The Contractor shall, at its cost, obtain warranties for the benefit of the Contractor and the Owner from all Subcontractors and Vendors in relation to their respective portions of the Work. The Contractor shall in addition, at its cost, obtain warranties from all such individuals or entities which (a) are coterminous with the Contractor’s Warranty Periods, (b) warrant against defects and deficiencies in each such parties’ work and (c) are ultimately assignable to the Owner pursuant to an assignment conditional upon the earlier to occur of (i) the termination of this Agreement, or (ii) the expiration of the Warranty Periods if such warranty or warranties are still in effect at such time. Within ten (10) Working Days of receipt by the Contractor from the Owner of a Notice of a failure of any of the Work to satisfy any Subcontractor or Vendor covenant, guarantee or obligation required by this Agreement but excluding any of the foregoing referred to in Section 23.1.3(c), the Contractor shall be responsible for enforcing or performing any such covenant, guarantee or obligation, failing which, the Owner may, at its option and without derogating from the Contractor’s responsibilities, directly enforce any such covenant, guarantee or obligation against any Subcontractor or Vendor. The Contractor acknowledges and agrees that the Initial Warranty Period set forth in Section 23.1.5 above shall not serve to limit any warranties obtained from Subcontractors that may be of longer duration. Any warranty referred to in this Section 23.1.7 shall be assignable by the Owner to a third party on notice to the Contractor or the relevant Subcontractor.
Subcontractor Warranties. 1. In addition and without prejudice to all warranties expressed or implied by law, Subcontractor warrants that all supplies/services covered by this Agreement and any Task Orders issued hereunder will conform to the drawings, technical requirements, or other description and will be of good material and workmanship and free of defects.
Subcontractor Warranties. 11.3.1 Without in any way derogating Contractor’s own representations and warranties (including the Warranties) and other obligations with respect to all of the Work, subject to the provisions of Section 11.3.2 below, Contractor shall obtain from all Subcontractors and cause to be extended to Owner appropriate representations, warranties (for periods at least co-extensive in duration with the Warranty Period for such Work or, if a longer duration is specified in Division 1 for the Subcontractor’s Work, for a period at least co-extensive with such duration) guarantees and obligations with respect to Equipment and Materials, workmanship, tools and supplies furnished by such Subcontractors. Contractor shall also use commercially reasonable efforts to obtain from all Subcontractors such Subcontractors’ commitment: (a) to remain liable for latent defects in the Work that the Subcontractor is obligated to perform, whenever such defects are discovered; and (b) to provide a warranty of fitness for intended purpose for any Equipment and Materials that the Subcontractors are obligated to provide or furnish. Following the applicable Warranty Period, Contractor shall assign any rights or interest that it may have in such obligation of its Subcontractors to Owner. All representations, warranties, guarantees and obligations of Subcontractors: (y) shall be written so as to survive all inspections, tests and approvals hereunder, and (z) shall run directly to and be jointly and severally enforceable by Contractor, Owner and their respective successors and assigns. Contractor hereby assigns to Owner all of Contractor’s rights and interest in all extended warranties for periods exceeding the applicable warranty period which are received by Contractor from any of its Subcontractors.
Subcontractor Warranties. General Contractor shall use its best efforts to obtain standard vendor warranties for the benefit of GEC (and assignable to Owner on GEC notice) for Equipment with warranty periods equal to or longer than the Warranty Period. GEC shall be expressly responsible for subcontractor and vendor warrantees, even in cases of vendor default. If any such warranties extend beyond the Warranty Period, then they shall be transferred to Owner at the end of the Warranty Period or once GEC’s responsibility for the equipment covered by such warranty has ceased under Section 12.2, whichever is later, together with an assignment to Owner, or other acceptable provision for Owner enforcement or GEC enforcement on behalf of Owner of any security, bond or other performance guarantee with respect to such warranties, and GEC (on a reimbursable basis at GEC’s then effective rates) may act as liaison for Owner with such vendors in prosecuting any warranty claims. During the Warranty Period, GEC shall have primary responsibility with respect to coordination of vendor warranties set forth in Section 12.1 whether or not any defect is also covered by a vendor warranty. GEC’s liability with respect to Equipment and Construction shall include all facets of the project within the GEC’s scope. GEC shall not itself be liable for any Equipment warranties, or for the performance of the Equipment or the performance of any vendors of such Equipment, or for any defects or loss caused by such vendors or Equipment.
Subcontractor Warranties. Without in any way derogating Contractor’s representations and warranties and other testing requirements and guarantees set forth herein with respect to all of the Work, Contractor will require all Subcontractors to provide product and service warranties at a minimum equal to the Warranties in Article VII. Contractor shall use reasonable efforts to obtain from all Subcontractors any representations, warranties, guarantees, and obligations offered by such Subcontractors and to negotiate the longest reasonably practicable warranty periods at no additional cost with respect to design, materials, workmanship, Equipment, tools, supplies, and other items furnished by such Subcontractors. Contractor shall assign all representations, warranties, guarantees, and obligations of all Subcontractors at the request and direction of Owner, and without recourse to Contractor, to Owner upon default by Contractor or termination or expiration of this Agreement; provided, however, that, notwithstanding such assignment, Contractor shall be entitled to enforce each such representation, warranty, guaranty, and obligation so long as Contractor has any liability under this Agreement. To the extent assignable, Contractor hereby assigns to Owner, effective as of the end of the Warranty Period for the Project, all representations, warranties, guaranties and obligations of all Subcontractors.
