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§ 9.4.1.1 Except for the specific express warranty provided by Section 9.4 of this Agreement, Contractor makes no
<br />other warranties by this Agreement and disclaims any and all implied warranties including, but not limited to, any
<br />warranties that the Project or its components are merchantable, habitable, or fit for the purposes intended by Owner.
<br />§ 9.4.12 Notwithstanding anything to the contrary contained in this Section 9.4 or the Contract Documents,
<br />Contractor's warranty under Section 9.4 shall not apply to any system or equipment which is separately warranted by
<br />written warranty to the Owner by a manufacturer, supplier or Subcontractor ofmy tier. Owner understands and agrees
<br />that Owner's remedy for any shortfall of Guaranteed Savings attributable to a system or equipment separately
<br />warranted by that manufacturer or supplier of Subcontractor is solely against that warrantor and not against Contractor
<br />regardless of whether such warrantor actually reimburses Owner.
<br />§ 9.4.1.3 Retro -commissioning is the process of refurbishing select equipment and systems to extend the useful life
<br />and improve performance including cleaning, calibrating, minor repairs, parts replacement and general tune up of the
<br />individual components and systems ("RCx"). Because RCx applies to existing used equipment, the warranty shall be
<br />limited to the manufacturer's supplied warranty, if any, on replacement parts only, and no other warranty of parts,
<br />components or labor is included.
<br />§ 9.4.1.4 Contractor's warranty does not include routine maintenance, including, without limitation, equipment
<br />cleaning, mechanical parts lubrication, testing, belt adjustment, or similar items. Owner may purchase those
<br />maintenance services from Contractor by separate contract Contractor's warranty does not include damage caused
<br />by voltage Fluctuations, blown fuses, misuse, refrigerants loss, lightning or other acts of nature. Work performed by
<br />anyone other than the Contractor or Contractor's representative voids any warranty coverage.
<br />§ 9.4.2 Guaranteed Savings
<br />Subject to Contractor's right to correct under Sections 18.2 and 18.2.2 of this Contract (as limited by Sections 9.4.1
<br />and 18.2.1), Owner's sole remedy against Contractor for shortfall in the Guaranteed Savings shall be the applicable
<br />annual payment under Attachment 2.
<br />§ 9.5 Taxes
<br />Owner warrants that the Contract is exempt from all sales, consumer, use, and other similar taxes
<br />§ 9.6 Permits, Fees, Notices, and Compliance with Laws
<br />§ 9.6.1 If required, the Contractor shall secure and pay for any permits, fees, licenses, and inspections by government
<br />agencies necessary for proper execution and completion ofthe Work as part of the Contract Sum.
<br />§ 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
<br />rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
<br />§ 9.7 intentionally omitted
<br />§ 9.8 Contractor's Schedules
<br />§ 9.8.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's information a
<br />Contractor's Schedule for the Work which shall become Exhibit B to this Contract. The schedule shall not exceed
<br />time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the
<br />conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract
<br />Documents, and shall provide for expeditious and practicable execution of the Work.
<br />§ 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the
<br />Owner. Contractor shall not be obligated to meet interim or milestone dates set forth in Contractor's schedules other
<br />than those specifically required by Section 2.3.2 of this Contract, if any ("Mandatory Milestones") and may be liable
<br />only for Contractor's failure, as a result ofContractor-caused delays, to meet the agreed date of Substantial Completion
<br />and Mandatory Milestones, if any, each as modified pursuant to the Contract Documents.
<br />§ 9.9 Submittals
<br />§ 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Owner the
<br />Drawings and Submittals required by Attachment 1. By submitting Shop Drawings, Product Data, Samples, and
<br />similar submittals, the Contractor represents to the Owner that the Contractor has (1) reviewed and approved them;
<br />(2) determined and verified materials, field measurements, and field construction criteria related thereto, or will do so;
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