Design Warranty Period. With respect to the Facility, any Facility Equipment furnished by Contractor and any of the Subcontractors and all other Work including installation services, the Design Warranty shall commence on the Substantial Completion Date and end on the second (2nd) year anniversary of the Substantial Completion Date (such period, the “Design Warranty Period”) and Contractor shall have no liability under the Design Warranty for any Design Warranty claims submitted by Owner from and after the expiration of the Design Warranty Period; provided that a claim may be made by Owner within thirty (30) Days after the end of a Design Warranty Period for a matter which arose within such Design Warranty Period; provided, further, however, that the Design Warranty Period for any item or part required to be re-performed, repaired, corrected or replaced following discovery of a defect during the applicable Design Warranty Period shall continue until the end of the later of (i) the expiration of such Design Warranty Period and (ii) one (1) year from the date of completion of such repair, re- performance, correction or replacement.
Appears in 1 contract
Sources: Build Transfer Agreement
Design Warranty Period. With respect to the Facility, any Facility Equipment furnished by Contractor and any of the Subcontractors and all other Work including installation services, the Design Warranty shall commence on the Substantial Completion Date and end on the second (2nd) year anniversary of the Substantial Completion Date (such period, the “Design Warranty Period”) and Contractor shall have no liability under the Design Warranty for any Design Warranty claims submitted by Owner from and after the expiration of the Design Warranty Period; provided that a claim may be made by Owner within thirty (30) Days after the end of a Design Warranty Period for a matter which arose within such Design Warranty Period; provided, further, however, that the Design Warranty Period for any item or part required to be re-performed, repaired, corrected or replaced following discovery of a defect during the applicable Design Warranty Period shall continue until the end of the later of (i) the expiration of such Design Warranty Period and (ii) one (1) year from the date of completion of such repair, re- re-performance, correction or replacement.
Appears in 1 contract
Sources: Engineering, Procurement and Construction Agreement