Common use of Warranty and Defective Work Clause in Contracts

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in its reasonable judgment, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed to completion in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s 's general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “"Defect”"), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s 's responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s 's work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ ' fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s 's obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s 's other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed to completion in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in its reasonable judgment, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract or the Prime Subcontract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in its reasonable judgment, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor, General Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor, General Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General ContractContract or the Prime Subcontract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Subcontractor’s Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Subcontractor’s Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, cure the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price Subcontract price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected workWork, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract or the Prime Subcontract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor, General Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor, General Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General ContractContract or the Prime Subcontract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires Documents require the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; ; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract or the Prime Subcontract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. SAMPLE If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor, General Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor, General Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General ContractContract or the Prime Subcontract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires Documents require the Contractor’s 's general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “"Defect”"), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s 's responsibility to reimburse Contractor, General Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s 's work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ ' fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor, General Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General ContractContract Documents. Subcontractor’s 's obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s 's other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s 's general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “"Defect”"), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s 's responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s 's work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ ' fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s 's obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s 's other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires Documents require the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor, General Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor, General Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General ContractContract Documents. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. 13.1 In addition to the representations and warranties set forth elsewhere in this Subcontract, Subcontractor warrants that the Work shall satisfy all warranties and guarantees of the Prime Contract relating to the Work and shall comply strictly with the provisions of this Subcontract and the Prime Contract and that all materials and equipment furnished and incorporated by it in into the Project Work shall be new and of the most suitable grade of their respective kinds for their intended uses, unless otherwise specified, of clear title, and all workmanship shall be in accordance with sound construction industry practices acceptable to Contractor. Subcontractor warrants that all work equipment, materials and workmanship furnished or performed under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, errors, omissions, mistakes and failures, in accordance with materials and workmanship for the warranty period for such equipment, materials, and workmanship under the Prime Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, or for such longer period or periods of time as may be considered defective. The warranty contained in applicable for specific equipment, materials or workmanship pursuant to express warranties thereof (the warranties of this section shall remain in effect for a period from Article 13.1 are hereinafter called the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. "Warranty"). 13.2 If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided prior to Subcontractor expiration of the DefectWarranty, and Subcontractor shallany defect in the Work or materials or workmanship is discovered, within twenty four (24) hours from the date of receipt of such notice, propose corrective actions to cure, the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, the Defect upon written direction notice in writing from Contractor to proceed. Contractor, in its reasonable judgment, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise shall perform remedial work to correct any Defect the defect to the satisfaction of Contractor by repairing or replacing the defective Work or materials or workmanship at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions remedial work and correction of defective Work, or materials or workmanship, including demolition for access, removal, disassembly, transportationdismantling, reinstallation, reconstruction, retesting and reinspections reinspection, as may be necessary to correct the Defect and to defect or demonstrate that the previously defective work Work or materials or workmanship conforms to the requirements of this Subcontract Agreement Subcontract, shall be borne by Subcontractor. If Further, Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective warrants all remedial work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents corrective action to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against correct defects in design, equipment, materials and workmanship for an additional the greater of a period of twelve months one (1) year following Contractor's acceptance by Contractor of the corrected workWork and the applicable warranty periods for remedial work and corrective action under the Prime Contract. 13.3 If the Work or any part of the Work is terminated prior to completion pursuant to the provisions of this Subcontract, all provisions of the Warranty shall apply from the date of termination of the Work. 13.4 Subcontractor shall request, and use its best efforts to obtain for the benefit of both Contractor and Owner, the best warranties and guarantees that may be possible to secure from manufacturers and suppliers of equipment and materials; however, nothing contained herein shall restrict in anyway whatsoever Subcontractor's liability for any part of the Work completed or to be completed by suppliers of equipment and materials. Further, Subcontractor shall, when requested to do so by Contractor, deliver and assign its rights under such warranties and guarantees. 13.5 Subcontractor shall ensure contractually that its subcontractors provide the same protections, warranties, and rights for both Contractor and Owner as are provided for herein. 13.6 Failure on the part of Owner and/or Contractor or a duly authorized representative of either to condemn or reject defective Work or materials furnished by Subcontractor shall not be construed to imply an acceptance of such Work or materials; and no payment or partial payment, or for use or occupation, or partial use or occupation, by Owner and/or Contractor shall be construed to be an acceptance of any such longer Work or altered period material. 13.7 All manufacturers' warranties and guarantees of time materials or equipment supplied or installed by Subcontractor or its subcontractors shall be delivered by Subcontractor to Contractor. Subcontractor shall, when requested to do so by Contractor, assign its rights and cause its subcontractors to assign their respective rights under such manufacturers' warranties and guarantees to Contractor or to Owner, as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without noticedirect.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s 's general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “"Defect”"), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s 's responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s 's work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ ' fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s 's obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s 's other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract or the Prime Subcontract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor, General Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor, General Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General ContractContract or the Prime Subcontract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; ; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.

Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents, such as warranties for manufactured or fabricated equipment as provided in the specifications for the Project. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract or the Prime Subcontract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor, General Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, cure the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- sub-subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in at its reasonable judgmentsole discretion, may direct Subcontractor in writing, and Subcontractor agrees to: : (a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor; (b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or (c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to demonstrate that the previously defective work conforms to the requirements of this Subcontract Agreement shall be borne by Subcontractor. If Subcontractor fails to commence repairs required hereunder as provided above and/or fails to diligently prosecute appropriate repairs to completion, then any such repairs may be performed by others and it shall be Subcontractor’s responsibility to reimburse Contractor or Owner for the costs of such repairs. Any such costs (including home office and field overhead) incurred by Contractor in responding to the circumstances associated with the defective work and in performing the appropriate repairs of Subcontractor’s work, including a reasonable amount for overhead and profit on such expenses, plus actual attorneys’ fees incurred, shall be the responsibility of Subcontractor. Any such costs incurred by Contractor or Owner may be offset against payments otherwise due under the Contract Documents to Subcontractor. Subcontractor further warrants any and all corrective actions it performs against defects in design, equipment, materials and workmanship for an additional period of twelve months following acceptance by Contractor of the corrected work, or for such longer or altered period of time as provided for in the General Contract. Subcontractor’s obligation to correct Defects as described above does not limit the enforcement of Subcontractor’s other obligations with regard to this Subcontract Agreement and the Contract Documents. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.