Construction Warranty. At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).
Construction Warranty. At the Closing, the Company shall be the named beneficiary of all construction warranties with respect to the Hotel, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit E (the “Construction Warranty”).
Construction Warranty. 3.6.1 The Design consultant and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies.
Construction Warranty. The Contractor hereby warrants to Seller and Buyer that all materials and equipment furnished with respect to the Property are new and the work performed by the Contractor with respect to the Property is of good and workmanlike quality, free from faults and defects, and in conformance with all contract documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The foregoing warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by Seller or Buyer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor hereby guarantees to Seller and Buyer all work performed and materials and equipment furnished with respect to the Property against defects in materials and workmanship for a period of one year from the date of substantial completion of the entire Property, or for a longer period if so specified in the contract documents. The Contractor shall, within a reasonable time after receipt of written notice thereof, and without reimbursement under the construction contract, make good any defects in materials, equipment and workmanship which may develop within periods for which said material, equipment and workmanship are guaranteed and make good any damage to other work caused by the repairing of such defects.
Construction Warranty. 3.6.1 The Engineer and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies.
Construction Warranty. Landlord warrants the Leasehold Improvements against defective workmanship and materials for a period of one year after Substantial Completion thereof. Landlord's sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies Landlord of the defective item within such one year period. Landlord has no obligation to repair or replace any item after such one year period expires. THE WARRANTY TERMS PROVIDE THE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF TENANT FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, TORT, WARRANTY OR OTHER RIGHTS OR CLAIMS, WHETHER EXPRESS OR IMPLIED, THAT MIGHT OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
Construction Warranty. Pursuant to Section 17.1.15 of the Lease, Seller has warranted to Tenant that the "Tenant Improvements" and related materials, equipment and installation shall be free from defects in workmanship and shall conform to the plans and specifications, which warranty is stated to run for a period of one (1) year after the applicable commencement date for leased space finished by Seller, and Seller agreed to repair, correct or replace as necessary any defective item occasioned by a breach of such warranty if notified by Tenant of the defective item within the foregoing one (1) year period. In the event Purchaser is notified by Tenant of a claim under Section 17.1.5 of the Lease (a "Claim"), Purchaser shall notify Seller of such Claim and Seller shall promptly repair, correct or replace the claimed defective item occasioned by such breach of warranty and provide Purchaser with reasonable evidence of such repair, correction or replacement. Purchaser agrees to provide Seller access to the Property for the purposes of making such repairs, corrections or replacements. In the event Seller fails to promptly repair, correct or replace such defective item, Purchaser may, after giving Seller five days notice of such failure on the part of Seller, repair, correct or replace such defective item and Seller hereby agrees that in the event Purchaser shall incur any costs or expenses in performing and complying with the obligations of the Landlord under Section 17.1.15 of the Lease, Seller shall promptly reimburse Purchaser for any such costs and expenses, net of any amounts thereof recovered by Purchaser under any Warranties, within ten (10) business days after receipt by Seller of a written request for such payment from Purchaser accompanied by copies of invoices or other back-up information substantiating the amount of such costs and expenses incurred by Purchaser. The obligations of Seller under this Section 26 shall survive the Closing, but only with respect to Claims asserted in writing by Purchaser within thirteen (13) months after the Closing.
Construction Warranty. All Work shall be free from defects and conform to the requirements of the Contract Documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. CM/GC shall, if required, furnish satisfactory evidence as to the kind and quality of materials and Work. Such warranties are referred to herein as the Construction Warranty.
Construction Warranty. (a) Seller shall provide a Limited Warranty to the Buyer at Closing. Xxxxx acknowledges receipt of a copy of the Limited Warranty at the time of signing this Contract. The Limited Warranty is the only warranty, express or implied, which Seller makes to the Buyer. BUYER INITIAL
Construction Warranty. Landlord shall construct the Tenant Improvements substantially in accordance with this Work Letter and the Final Plans, all Laws and Private Restrictions, and in a good and workmanlike manner, and all materials and equipment furnished will substantially conform to said plans and shall be new and otherwise of good quality. Landlord's Contractor and subcontractors shall be responsible for the correction of defects in design, workmanship, materials and equipment supplied, and the cost of correction shall not be charged against the Tenant Improvement Allowance or be a Property Maintenance Expense.
