Common use of Design Warranties Clause in Contracts

Design Warranties. 7.2.1 Without prejudice to the generality of the foregoing provisions of this Article 7, the Developer represents and warrants that all work performed by the Developer and Sub-Contractor shall be executed with due care and diligence, in conformity with the DPR and Specifications and the other terms of the the Agreement and free of defects and deficiencies, including that: (a) The design and engineering of the Project shall satisfy the minimum requirements set forth in the DPR and Specifications, and shall be free of defects and deficiencies. Such engineering and design shall be such that the Project shall function properly in accordance with the terms of the Agreement and the Specifications and shall meet all design, engineering, safety, and operatability criteria as specified in the DPR and Specifications and the other terms of the Agreement; (b) The fabrication, construction and installation of the Project shall be in accordance with the designs, drawings and DPR and Specifications (including the approved Detailed Design & Drawings) prepared in accordance herewith and approved by Authority/PMC, in accordance with the terms hereof, and all workmanship of the Developer and Sub-Contractors shall be in full conformity with the requirements of the Agreement and free of defects and deficiencies (including latent defects and deficiencies); (c) All plant, equipment and materials shall be new and in full conformity with the Specifications and other requirements of the Agreement, shall be of specified quality and where quality is not specified then of suitable quality for the purposes and uses intended and shall be free of defects and deficiencies (including latent defects); (d) The Mandatory Project shall be adequate, fit and sufficient for the purposes and uses intended and capable of operation in the manner contemplated hereby and as provided in the DPR and Specifications; (e) Without prejudice to the generality of the foregoing, the entire Project shall designed, engineered, constructed, and otherwise implemented and developed so as to ensure that the Assets and the Project Utilities, meet the Design Life. 7.2.2 The Developer's obligation to design, engineer, procure and construct the Project correctly and in accordance with the Agreement and its warranties set forth above shall not be reduced or affected by Authority/PMC/ Nodal Officers approval or grant of NOC, in respect thereof, including for any designs, plans, phasing, drawings or specifications thereof.

Design Warranties. 7.2.1 Without prejudice to the generality of the foregoing provisions of this Article 7, the Developer represents and warrants that all work performed by the Developer and Sub-Contractor shall be executed with due care and diligence, in conformity with the DPR and Specifications and the other terms of the the Agreement and free of defects and deficiencies, including that: (a) The design and engineering of the Project shall satisfy the minimum requirements set forth in the DPR and Specifications, and shall be free of defects and deficiencies. Such engineering and design shall be such that the Project shall function properly in accordance with the terms of the Agreement and the Specifications and shall meet all design, engineering, safety, and operatability criteria as specified in the DPR and Specifications and the other terms of the Agreement; (b) The fabrication, construction and installation of the Project shall be in accordance with the designs, drawings and DPR and Specifications (including the approved Detailed Design & Drawings) prepared in accordance herewith and approved by Authority/PMC, in accordance with the terms hereof, and all workmanship of the Developer and Sub-Contractors shall be in full conformity with the requirements of the Agreement theAgreement and free of defects and deficiencies (including latent defects and deficiencies); (c) All plant, equipment and materials shall be new and in full conformity with the Specifications and other requirements of the AgreementtheAgreement, shall be of specified quality and where quality is not specified then of suitable quality for the purposes and uses intended and shall be free of defects and deficiencies (including latent defects); (d) The Mandatory Project shall be adequate, fit and sufficient for the purposes and uses intended and capable of operation in the manner contemplated hereby and as provided in the DPR theDPR and Specifications; (e) Without prejudice to the generality of the foregoing, the entire Project shall designed, engineered, constructed, and otherwise implemented and developed so as to ensure that the Assets and the Project Utilities, meet the Design Life. 7.2.2 The Developer's obligation to design, engineer, procure and construct the Project correctly and in accordance with the Agreement theAgreement and its warranties set forth above shall not be reduced or affected by Authority/PMC/ Nodal Officers approval or grant of NOC, in respect thereof, including for any designs, plans, phasing, drawings or specifications thereof.

Design Warranties. 7.2.1 Without prejudice to the generality of the foregoing provisions of this Article 7, the Developer represents and warrants that all work performed by the Developer and Sub-Sub- Contractor shall be executed with due care and diligence, in conformity with the DPR and Specifications and the other terms of the the Agreement and free of defects and deficiencies, including that: (a) The design and engineering of the Project shall satisfy the minimum requirements set forth in the DPR and Specifications, and shall be free of defects and deficiencies. Such engineering and design shall be such that the Project shall function properly in accordance with the terms of the Agreement and the Specifications and shall meet all design, engineering, safety, and operatability criteria as specified in the DPR and Specifications and the other terms of the Agreement; (b) The fabrication, construction and installation of the Project shall be in accordance with the designs, drawings and DPR and Specifications (including the approved Detailed Design & Drawings) prepared in accordance herewith and approved by Authority/PMC, in accordance with the terms hereof, and all workmanship of the Developer and Sub-Contractors shall be in full conformity with the requirements of the Agreement and free of defects and deficiencies (including latent defects and deficiencies); (c) All plant, equipment and materials shall be new and in full conformity with the Specifications and other requirements of the Agreement, shall be of specified quality and where quality is not specified then of suitable quality for the purposes and uses intended and shall be free of defects and deficiencies (including latent defects); (d) The Mandatory Project shall be adequate, fit and sufficient for the purposes and uses intended and capable of operation in the manner contemplated hereby and as provided in the DPR and Specifications; (e) Without prejudice to the generality of the foregoing, the entire Project shall designed, engineered, constructed, and otherwise implemented and developed so as to ensure that the Assets and the Project Utilities, meet the Design Life. 7.2.2 The Developer's obligation to design, engineer, procure and construct the Project correctly and in accordance with the Agreement and its warranties set forth above shall not be reduced or affected by Authority/PMC/ Nodal Officers approval or grant of NOC, in respect thereof, including for any designs, plans, phasing, drawings or specifications thereof.

Design Warranties. 7.2.1 Without prejudice to the generality of the foregoing provisions of this Article 7, the Developer represents and warrants that all work performed by the Developer and Sub-Sub- Contractor shall be executed with due care and diligence, in conformity with the DPR and Specifications and the other terms of the the this Agreement and free of defects and deficiencies, including that: (a1) The design and engineering of the Project shall satisfy the minimum requirements set forth in the DPR and Specifications, and shall be free of defects and deficiencies. Such engineering and design shall be such that the Project shall function properly in accordance with the terms of the this Agreement and the Specifications and shall meet all design, engineering, safety, and operatability criteria as specified in the DPR and Specifications and the other terms of the this Agreement; (b2) The fabrication, construction and installation of the Project shall be in accordance with the designs, drawings and DPR and Specifications (including the approved Detailed Design & Drawings) prepared in accordance herewith and approved by AuthorityIRSDC/PMC, in accordance with the terms hereof, and all workmanship of the Developer and Sub-Contractors shall be in full conformity with the requirements of the this Agreement and free of defects and deficiencies (including latent defects and deficiencies); (c3) All plant, equipment and materials shall be new and in full conformity with the Specifications and other requirements of the this Agreement, shall be of specified quality and where quality is not specified then of suitable quality for the purposes and uses intended and shall be free of defects and deficiencies (including latent defects); (d4) The Mandatory Project Project, and shall be adequate, fit and sufficient for the purposes and uses intended and capable of operation in the manner contemplated hereby and as provided in the DPR and Specifications; (e5) Without prejudice to the generality of the foregoing, the entire Project shall designed, engineered, constructed, and otherwise implemented and developed Developed so as to ensure that the Assets and the Project Utilities, meet the Design Life. 7.2.2 The Developer's obligation to design, engineer, procure and construct the Project correctly and in accordance with the this Agreement and its warranties set forth above shall not be reduced or affected by AuthorityIRSDC/PMC/ Nodal Officers Officer/ Railway’s approval or grant of NOC, in respect thereof, including for any designs, plans, phasing, drawings or specifications thereof.