Collateral Warranties Clause Samples
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Collateral Warranties. Without limiting the definition of "Completion" in clause 1.1 and clause 8.6 of the Conditions of Contract the Contractor must, as a condition precedent to Completion of the Works or a Stage, provide the Contract Administrator with the following minimum warranties (in the form of the Collateral Warranty) for the following warranty periods: Access Floor [INSERT] years Aircraft Aprons, Flexible and Rigid Pavements and Seals [INSERT] years Benches and Cupboards and Associated Joinery [INSERT] years Carpentry [INSERT] years Carpet [INSERT] years Communications Systems [INSERT] years Concrete Toppings and Repairs [INSERT] years Drainage [INSERT] years Doors [INSERT] years Electrical Services [INSERT] years Electrical Building and Distribution Services [INSERT] years External Coating Systems [INSERT] years External Lighting [INSERT] years External Non-Structural Concrete [INSERT] years External Signage (sign writing and lettering) [INSERT] years External Signage (excluding sign writing and lettering) [INSERT] years Façade [INSERT] years Fire Services [INSERT] years Floor and Pavement Markings (internal) [INSERT] years Floor and Pavement Markings (external) [INSERT] years Furniture Fittings and Equipment [INSERT] years Gates and Fences [INSERT] years Gantries [INSERT] years Hardened Structures [INSERT] years Hardware [INSERT] years High Ropes Structure and Equipment [INSERT] years Internal Signage [INSERT] years Kitchen Equipment [INSERT] years Mechanical Services [INSERT] years Membrane Roofing and Tanking [INSERT] years Metal Roof and ▇▇▇▇▇▇▇ [INSERT] years Noise Attenuation Structures [INSERT] years Painting [INSERT] years Partitions [INSERT] years Piling and foundations [INSERT] years Plumbing [INSERT] years Resilient finishes, e.g. Vinyl [INSERT] years Security [INSERT] years Sewers [INSERT] years Stormwater Drainage [INSERT] years Structural Concrete [INSERT] years Structural Steel [INSERT] years Sun Control Louvres [INSERT] years Supervisory / Data Services [INSERT] years Suspended Ceilings [INSERT] years Tiling [INSERT] years Toilet Partitions [INSERT] years Water Supply Services [INSERT] years Windows and Glazing [INSERT] years Vehicle Pavement and Seals [INSERT] years
Collateral Warranties. The Contractor must, as a condition precedent to Completion of the Works or a Stage specified in the Contract Particulars, procure and provide the Commonwealth with the warranties specified in the Contract Particulars: from the relevant subcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Contract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. If the Contractor is unable to or fails for any reason to provide any Collateral Warranty required by the Contract: the Contractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth will be entitled to elect to take an assignment of all the right, title and interest in the Contractor's rights against the subcontractor in relation to the Contractor's Activities; and for the purpose of subparagraph (ii), the Contractor irrevocably appoints the Commonwealth as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. For each item of Provisional Sum Work the Contract Administrator will give the Contractor an instruction either deleting the item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Contract: the Contract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Contract Particulars; the Commonwealth may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.
Collateral Warranties. The Contractor shall:
4.1 on or before the date of this Agreement enter into:
4.1.1 the Building Contract with the Building Contractor;
4.1.2 the Responsive Repairs and Cyclical Maintenance and Renewal Contract with the Responsive Repairs and Cyclical Maintenance and Renewal Contractor;
4.1.3 the Housing Management Agreement with the Housing Management Contractor;
4.2 on or before the date of this Agreement deliver the Collateral Warranties from the Building Contractor, the Principal Building Sub-Contractor, the members of the Professional Team, the Responsive Repair and Cyclical Maintenance and Renewal Contractor and the Housing Management Contractor to the Authority (except where any Principal Building Sub-Contractor has not been appointed as at the date of this Agreement in which case the Contractor shall deliver to the Authority a duly executed agreement from the relevant Principal Building Sub- Contractor in the Agreed Form (or with such other amendments as agreed with the Authority such approval not to be unreasonably withheld or delayed)) of the relevant Collateral Warranty within ten (10) Business Days of its appointment; and
4.3 not engage any new Building Contractor, Principal Building Sub-Contractor, Responsive Repairs and Cyclical Maintenance and Renewal Contractor or Housing Management Contractor or any new member of the Professional Team in connection with the Works and/or Services unless such person has delivered to the Authority a duly executed agreement substantially in the Agreed Form of the relevant Collateral Warranty duly executed as a deed and in each case such Collateral Warranty must be delivered to the Authority before such entity enters onto any Site.
Collateral Warranties. Where a collateral warranty may be required the wording is to be agreed and in accordance with the LEIA recommended form for the lift industry.
Collateral Warranties. Where stated in the Contract Particulars that the Supplier shall procure a Collateral Warranty from the Supplier in favour of a beneficiary, then within ten (10) Working Days of receiving a written request from the Contracting Authority to do so, the Supplier shall enter into a Collateral Warranty as a deed in favour of any beneficiary identified in the relevant part of the Contract Particulars.
Collateral Warranties. 16.1 The Association shall within one month of the date of this Agreement procure the execution and completion of the Collateral Warranties and shall deliver the same to the Council within 5 working days of the completion of the same
Collateral Warranties. The Vendor shall use its reasonable endeavours to procure such collateral warranties as the Vendor is entitled to from its professional team upon the construction of the facility in the name of the Purchaser. The sale shall not be delayed by the absence of the said collateral warranties. The Purchaser shall accept any such collateral warranties as the Vendor can procure as an absolute discharge of the Vendor of its obligations under this condition.
Collateral Warranties. The Contractor shall:
4.1 deliver the Collateral Warranties from the Building Contactor, each member of the Professional Team and the FM Contractor(s) to the Authority on the date of this Agreement;
4.2 deliver a duly executed Collateral Warranty from each Principal Building Sub-Contractor to the Authority substantially in the Agreed Form (with such further amendments as are proposed by the relevant Principal Building Sub-Contractor and approved by the Authority (such approval not to be unreasonably withheld or delayed)) before that Principal Building Sub-Contractors enters onto any Site (or 60 Business Days from the date of this Agreement in the case of Interserve Engineering Services Limited); and
4.3 not engage any new Building Contractor, Principal Building Sub-Contractor or any new member of the Professional Team or any new FM Contractor(s) in connection with the Works unless such person has delivered to the Authority a duly executed agreement substantially in the Agreed Form of the relevant Collateral Warranty duly executed as a deed and in each case such Collateral Warranty must be delivered to the Authority before such entity enters onto any Site.
Collateral Warranties. 17.1 In case the Contractor requires that the Subcontractor shall provide warranties to third parties the Subcontractor shall comply with such requirements as are reasonable provided that the Subcontractor’s liabilities thereunder shall not be greater than those under the Subcontract.
17.2 The Subcontractor shall provide confirmation that such warranties have been disclosed to its Professional Indemnity insurers.
17.3 As a condition precedent to payment by the Contractor under the Subcontract, the Subcontractor shall execute and deliver to the Contractor warranties in the form set out in the Main Contract with such amendments as the Contractor may reasonably require in favour of the Employer and any other persons required by the Main Contract. The Subcontractor shall within seven days of being requested to do so by the Contractor procure from any person employed by the Subcontractor (including such as without limitation subcontractors and designers) or from any supplier to the Subcontractor for the Subcontract Works such warranties as the Contractor may reasonably require in favour of the Contractor. Such warranties shall be in a form similar to that required by the Main Contract.
Collateral Warranties. Within 28 Days of the Appointment and 28 Days of entering into the Remediation Handback Contract (as appropriate), the Contractor shall procure that there is provided to the Councils the Collateral Warranties provided that if Collateral Warranties are not available in the market on reasonable commercial terms at the date of the Appointment and/or the Remediation Handback Contract then the Contractor will ensure that the Appointment (or any replacement Appointment) will be a joint appointment with the Councils and the Remediation Handback Contract will be entered into jointly with the Councils and in such event the Contractor shall be responsible for and shall indemnify the Councils from and against any Liabilities (including any additional costs and expenses of the Councils) arising at any time under the Appointment and/or the Remediation Handback Contract by the Councils and for the avoidance of any doubt any duties or obligations owed under the Appointment and/or the Remediation Handback Contract to the Remediation Handback Consultant and/or the Remediation Handback Contractor (as the case may be) and including for the avoidance of any doubt the obligation to pay the Remediation Handback Consultant and/or the Remediation Handback Contractor which shall be the sole responsibility of the Contractor.