Common use of Warranty Work Clause in Contracts

Warranty Work. For the period ("Warranty Period") (i) that is provided in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agrees, at its sole cost and expense, to promptly (subject to Force Majeure) correct any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Warranty Work is the subject of a Lease or New Lease, the provisions of such Lease or New Lease shall control in the determination of the scope of the Warranty Work. If Warranty Work is not the subject a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objects, in good faith, within ten (10) business days following receipt of a Warranty Notice, it shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser and Seller are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by Seller.

Warranty Work. For the period ("Warranty Period") (i) that is provided in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agreesand Contractor, jointly and severally, agree, at its their sole cost and expense, to promptly (subject to Force Majeure) correct any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Warranty Work is the subject of a Lease or New Lease, the provisions of such Lease or New Lease shall control in the determination of the scope of the Warranty Work. If Warranty Work is not the subject of a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, The Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller and Contractor written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller or Contractor shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objectsand Contractor both (but not one or the other) object, in good faith, within ten (10) business days following receipt of a Warranty Notice, it Seller shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser Purchaser, Seller and Seller Contractor are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller and Contractor prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto 47 53 shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by Seller.

Warranty Work. For the period ("Warranty Period") (i) that is provided in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance with the Plans, Seller agrees, at its sole cost and expense, to promptly (subject to Force Majeure) correct any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If Warranty Work is the subject of a Lease or New Lease, the provisions of such Lease or New Lease shall control in the determination of the scope of the Warranty Work. If Warranty Work is not the subject a Lease or New Lease, then the provisions of this Paragraph 24.17 shall control in the determination of the scope of the Warranty Work. However, Warranty Work shall not in any way include routine and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines to require Warranty Work. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, the Warranty Work that is the subject of the Warranty Notice. However, if Seller objects, in good faith, within 44 50 ten (10) business days following receipt of a Warranty Notice, it shall notify Purchaser, in writing of the same. Thereafter, they shall promptly confer, in good faith, to resolve any disagreement in respect to Warranty Work. If within fifteen (15) days after conferring Purchaser and Seller are unable to agree on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make such determination, and the scope so determined by the third party contractor shall be binding on the Parties. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by Seller.

Warranty Work. For Buyer shall perform all service, repair, -------------- replacement and similar work required under the period Seller's written warranties for services provided and products sold by the Business prior to the Closing Date ("Warranty PeriodWARRANTY WORK") (i) that is provided ), in each Lease or New Lease in respect to the applicable Tenant Warranty for tenant improvements, a workman-like manner and (ii) of one (1) year subsequent to the date each of the Improvements (exclusive of tenant improvements that are the subject of the applicable Tenant Warranty) is substantially complete in accordance consistent with the Plans, Seller agrees, at its sole cost and expense, to promptly (subject to Force Majeure) correct Buyer's practices. Prior xx xxmmencing any defects in the tenant improvements or other Improvements due to (a) the failure thereof to substantially comply with the plans for the subject tenant improvements or the Plans in respect to the rest of the Improvements, or (b) faulty, improper or inferior materials or workmanship (collectively, "Warranty Work"). If such Warranty Work is reasonably estimated to cost more than $5,000.00, Buyer shall notify the subject of a Lease or New Lease, the provisions Seller in writing of such Lease or New Lease shall control Warranty Work claim, providing in reasonable detail the determination of then known the contractual basis therefor, the scope of the Warranty Work proposed to be performed and the estimated expense, if possible, to be incurred in connection therewith. Upon receipt of notice of a claim for Warranty Work. If , the Seller shall promptly, but in no more than two (2) business days, advise Buyer in writing of any objections the Seller may have that the proposed scope of Warranty Work is not exceeds that required under the subject a Lease or New LeaseSeller's pre-closing written warranty requirements, then specifying the provisions of this Paragraph 24.17 basis therefor, and the parties shall control in the determination of the scope of the Warranty Work. Howeverthereafter attempt to negotiate, Warranty Work shall not in any way include routine diligently and appropriate maintenance or Warranty Work directly resulting from (but only to the extent resulting from) the failure to perform routine and appropriate maintenance of the tenant improvements or other Improvements. Promptly during the Warranty Period (but in any event prior to the expiration of the Warranty Period), Purchaser shall give Seller written notice ("Warranty Notice") of any defect in the Project that Purchaser, in good faith, determines a mutually satisfactory resolution to require Warranty Workany matters in dispute. Except as hereafter provided, Seller shall promptly undertake and complete, subject to Force Majeure, Buyer may proceed with the Warranty Work that is upon the subject earlier to occur of the Warranty Notice. However, if Seller objects, in good faith, within ten (10i) three (3) business days following after the Seller's receipt of a Warranty Notice, it shall notify Purchaser, in writing notice of the same. Thereafterclaim for Warranty Work, they shall promptly confer, in good faith, to resolve any disagreement in if Buyer has not received prior notification of the Seller's objections thereto or (ii) the parties' resolution of all disputed matters with respect to Warranty Worksuch claim. If within fifteen (15) days after conferring Purchaser and The Buyer shall not make a claim for reimbursement by Seller are unable to agree until it has utilized the warranty reserve as reflected on the scope of Warranty Work that is not the subject of a Lease or New Lease, they shall appoint a third party contractor to make Final Settlement Statement and then any such determination, and the scope so determined by the third party contractor claim shall be binding on the Partiessubject to Section 10.4.1. When the Warranty Work is agreed to by the Parties or determined by the third party contractor as aforesaid, Seller shall reimburse Buyer for any such Warranty Work shall be undertaken and completed as aforesaid. The Warranty Work obligation hereunder shall only pertain in an amount equal to the Warranty Work for which a Warranty Notice was delivered to Seller prior to the expiration of the Warranty Period or that was delivered by a Tenant or a New Tenant in accordance with the provisions of the Tenant Warranty, and in such event the Warranty Work obligation of Seller in respect thereto shall not terminate at the expiration of the Warranty Period or the Tenant Warranty, but rather shall continue until such Warranty Work is completed by SellerBuyer's standard costs.