Common use of Performance Warranty Clause in Contracts

Performance Warranty. (a) Provider warrants that it will perform all services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, to: (i) repair or replace Deliverables that do not meet specifications, (ii) refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables, and (iii) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.

Performance Warranty. (a) Provider warrants that it will perform all services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations under this Contract, the GLO Board may require Provider, at its sole expense, to: (i) repair or replace Deliverables that do not meet specifications, (ii) refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables, and (iii) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.

Performance Warranty. (a) Provider warrants that it will perform all services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables or performs services that do not meet specifications, fails to complete Deliverables or services timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, to: (i) repair or replace Deliverables or reperform services that do not meet specifications, (ii) refund payment for Deliverables or services that do not meet specifications and accept the return of such Deliverables, and (iii) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.

Performance Warranty. (a) Provider warrants that it will perform all services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, toto do the following: (i) repair or replace Deliverables that do not meet specifications,; (ii) refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables, and; (iii) pay liquidated damages for each unfulfilled obligation or past-due Deliverable per each day past due in an amount to be determined by the GLO in the applicable Work Order until the GLO approves completion of said obligation or Deliverable; and/or (iv) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.

Performance Warranty. (a) Provider warrants that it will perform all services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, to: (i) repair or replace Deliverables that do not meet specifications, (ii) refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables, and (iii) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract. (d) Notwithstanding the foregoing, to the extent any portion of the Project is governed by a Job Order which incorporates the UGCs, the terms of the UGCs governing performance warranties and standards of performance shall govern and control.

Performance Warranty. (a) Provider warrants that it will perform all services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, to: (i) repair or replace Deliverables that do not meet specifications,; (ii) refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables, and; (iii) pay liquidated damages for each unfulfilled obligation or past-due Deliverable, in an amount to be determined by the GLO in the applicable Work Order, per each day past due until the GLO approves completion of said obligation or Deliverable; and/or (iv) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.

Performance Warranty. (a) Provider warrants that it will perform all services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes and services it performs under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the AttachmentsContract; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables or performs services that do not meet specifications, fails to complete Deliverables or perform services timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, to: (i) repair or replace Deliverables or reperform services that do not meet specifications, (ii) refund payment for Deliverables and services that do not meet specifications and accept the return of such Deliverables, and (iii) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.

Performance Warranty. (a) Provider warrants that it will perform and/or deliver all goods and/or services under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, to: (i) repair or replace Deliverables that do not meet specifications, (ii) refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables, and (iii) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.

Performance Warranty. (a) Provider CONTRACTOR warrants that it will perform all services work and provide all Deliverables under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. (b) Provider CONTRACTOR warrants that all Deliverables it completes under this Contract will shall: meet or exceed the standards of ProviderCONTRACTOR’s trade, profession, or industry; meet or exceed the specifications set forth in the AttachmentsAttachments to this Agreement; and be fit for ordinary use, of good quality, and with no material defects. (c) If Provider CONTRACTOR submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations obligation under this Contract, the GLO PRDOH may require ProviderCONTRACTOR, at its sole expense, to: (i) 1. repair or replace Deliverables that do not meet specifications,; (ii) 2. refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables, ; and (iii) 3. take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract. L. The Parties intend to add a new Article XLIX. FEDERAL FUNDING as follows: