Events Not Affecting Warranty Sample Clauses

Events Not Affecting Warranty. Contractor’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or relieve the Contractor from its obligation to perform the Work in accordance with the Contract Documents: 13.4.1 Observations by Owner and/or A/E; 13.4.2 Recommendation to pay any progress or final payment by A/E; 13.4.3 The issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents; 13.4.4 Use or occupancy of the Work or any part thereof by Owner; 13.4.5 Any acceptance by Owner or any failure to do so; 13.4.6 Any review of a Shop Drawing or sample submittal; or 13.4.7 Any inspection, test or approval by others.
View SourceView Similar (50)
Events Not Affecting Warranty. Contractor’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: a. Observations by Owner or Architect/Engineer; b. Recommendation to pay any progress or final payment of Architect/Engineer; c. The issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents; d. Use or occupancy of the Work or any part thereof by Owner; e. Any acceptance by Owner or any failure to do so; f. Any review of a Shop Drawing or sample submittal; or g. Any inspection, test or approval by others.
View Source
Events Not Affecting Warranty. Contractor’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of defective Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 16.1.3.1 Observations, or lack thereof, by Owner and/or Design Professional; 16.1.3.2 Recommendation to pay any progress or final payment by Design Professional; 16.1.3.3 The issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents; 16.1.3.4 Use or occupancy of the Project or any part thereof by Owner; 16.1.3.5 Any acceptance by Owner or any failure to do so; 16.1.3.6 Any review by Owner of a Shop Drawing or sample submittal; or 16.1.3.7 Any inspection, test or approval by others.
View Source
Events Not Affecting Warranty. CM-at-Risk’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CM-at-Risk’s obligation to perform the Work in accordance with the Contract Documents: 13.4.1 Observations by Owner and/or AE. 13.4.2 Recommendation to pay any progress or final payment by ▇▇. 13.4.3 The issuance of a certificate of Substantial Completion or any payment by Owner to CM- at-Risk under the Contract Documents. 13.4.4 Use or occupancy of the Work or any part thereof by Owner. 13.4.5 Any acceptance by Owner or any failure to do so. 13.4.6 Any review of a Shop Drawing or sample submittal; or 13.4.7 Any inspection, test or approval by others.
View Source

Related to Events Not Affecting Warranty

  • Certain Representations Borrower represents and warrants that, as of the Effective Date: (a) Borrower has full power and authority to execute the Modification Papers to which it is a party and such Modification Papers constitute the legal, valid and binding obligation of Borrower enforceable in accordance with their terms, except as enforceability may be limited by general principles of equity and applicable bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting the enforcement of creditors’ rights generally; (b) no authorization, approval, consent or other action by, notice to, or filing with, any Governmental Authority or other Person is required for the execution, delivery and performance by Borrower thereof; and (c) no Default has occurred and is continuing or will result from the consummation of the transactions contemplated by this Amendment. In addition, Borrower represents that after giving effect to the Modification Papers, all representations and warranties contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects (provided that any such representations or warranties that are, by their terms, already qualified by reference to materiality shall be true and correct without regard to such additional materiality qualification) on and as of the Effective Date as if made on and as of such date except to the extent that any such representation or warranty expressly relates to an earlier date, in which case such representation or warranty is true and correct in all material respects (or true and correct without regard to such additional materiality qualification, as applicable) as of such earlier date.