Workmanship Warranty. a. Commencing on the Final Completion Date and for a period of one (1) year thereafter, Contractor warrants that the Systems will be free from defects (“Workmanship Warranty”). If a System has a defect, and County provides written notification of said defect within the one (1) year workmanship warranty period, Contractor will, with County’s written approval either repair or replace the portion of the System that is defective at no cost to County within forty-five (45) days of notification. The Workmanship Warranty shall not apply to the extent such defect is caused by any of the following: b. Alterations or repairs made to the supporting structure of any System or associated wiring and parts without Contractor's prior written approval; c. Failure of a System to perform caused by legislative, administrative, or executive regulation, order or requisition of the government, local utility or public utilities commission, or any state, provincial or municipal government or official; d. Use of a System beyond the scope contemplated in its operating manuals or technical specifications; e. Damage to a System not caused directly or indirectly by Contractor or its subcontractors under any agreement between Contractor and County; f. Force Majeure Events; g. A change in usage of that portion of the Site on which the System is located which may affect building or site permits and related requirements, without the written approval of Contractor, or a change in ownership of building or property and the new owner has not signed an assumption agreement of the terms and conditions herein, h. Any defect of deficiency to the extent the same results from a specific written direction from the County if, prior to implementing such written direction, Contractor advised County that County’s written direction would so affect the warranty provided by Contractor hereunder.
Appears in 1 contract
Sources: Facility Solutions Agreement
Workmanship Warranty. a. Commencing on the Final Completion Date and for a period of one (1) year thereafter, Contractor warrants that the Systems will be free from defects (“Workmanship Warranty”). If a System has a defect, and County District provides written notification of said defect within the one (1) year workmanship warranty period, Contractor will, with County’s written approval at its option, either repair or replace the portion of the System that is defective at no cost to County District within forty-five (45) days of notification. The Workmanship Warranty shall not apply to the extent such defect is caused by any of the following:
b. (h) Alterations or repairs made to the supporting structure of any System or associated wiring and parts without Contractor's prior written approval;
c. (i) Failure of a System to perform caused by legislative, administrative, or executive regulation, order or requisition of the government, local utility or public utilities commission, or any state, provincial or municipal government or official;
d. (j) Use of a System beyond the scope contemplated in its operating manuals or technical specifications;
e. (k) Damage to a System not caused directly or indirectly by Contractor or its subcontractors under any agreement between Contractor and CountyDistrict ;
f. (l) Force Majeure Events;
g. (m) A change in usage of that portion of the Site on which the System is located which may affect building or site permits and related requirements, without the written approval of Contractor, or a change in ownership of building or property and the new owner has not signed an assumption agreement of the terms and conditions herein,
h. (n) Any defect of deficiency to the extent the same results from a specific written direction from the County District if, prior to implementing such written direction, Contractor advised County District that CountyDistrict ’s written direction would so affect the warranty provided by Contractor hereunder.
Appears in 1 contract
Sources: Energy Services Master Agreement
Workmanship Warranty. a. Commencing on the Final Completion Date and for a period of one (1) year thereafter, Contractor warrants that the Systems will be free from defects (“Workmanship Warranty”). If a System has a defect, and County District provides written notification of said defect within the one one
(1) year workmanship warranty period, Contractor will, with County’s written approval at its option, either repair or replace the portion of the System that is defective at no cost to County District within forty-five (45) days of notification. The Workmanship Warranty shall not apply to the extent such defect is caused by any of the following:
b. A. Alterations or repairs made to the supporting structure of any System or associated wiring and parts without Contractor's prior written approval;approval;
c. B. Failure of a System to perform caused by legislative, administrative, or executive regulation, order or requisition of the government, local utility or public utilities commission, or any state, provincial or municipal government or official;
d. C. Use of a System beyond the scope contemplated in its operating manuals or technical specifications;specifications;
e. D. Damage to a System not caused directly or indirectly by Contractor or its subcontractors under any agreement between Contractor and CountyDistrict;
f. E. Force Majeure Events;
g. F. A change in usage of that portion of the Site on which the System is located which may affect building or site permits and related requirements, without the written approval of Contractor, or a change in ownership of building or property and the new owner has not signed an assumption agreement of the terms and conditions herein,
h. G. Any defect of deficiency to the extent the same results from a specific written direction from the County District if, prior to implementing such written direction, Contractor advised County District that CountyDistrict’s written direction would so affect the warranty provided by Contractor hereunder.
Appears in 1 contract
Sources: Energy Services Master Agreement