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W <br /> WASTE MANAGEMENT <br /> 3.8 Warranties <br /> 3.8.1 Contractor warrants to Owner that all materials and equipment furnished as part of the Work will <br /> be free of defects in title, of good quality, and new unless otherwise required or expressly <br /> permitted by the Contract Documents. Contractor further warrants that the Work will be free from <br /> defects and that the Work will conform with all requirements of the Contract Documents. <br /> 3.8.2 Contractor warrants to Owner that all Work shall be performed in a thorough, good and <br /> workmanlike manner, notwithstanding any omission from the Specifications or the Drawings. <br /> 3.8.3 Contractor warrants to Owner that the Work will be free of Hazardous Materials, except for any <br /> hazardous substances expressly specified for use in the Contract Documents. <br /> 3.8.4 Contractor warrants to Owner that title to all Work, materials and equipment covered by an <br /> Application for Payment will pass to Owner either by incorporation in the construction or upon the <br /> receipt of payment by the Contractor, whichever occurs first. Such title shall be free and clear of <br /> all Liens, claims, security interests,or encumbrances. No Work, materials,or equipment covered <br /> by an Application for Payment shall be subject to an agreement under which an interest is retained <br /> or an encumbrance is attached by the seller, the Contractor, or other party. <br /> 3.8.5 Contractor warrants to Owner that all Work provided pursuant to this Agreement, and any <br /> deliverables or work product provided to Owner in connection with the Work,shall not infringe the <br /> patent, trademark, copyright, trade secret or other intellectual property rights of any third party. <br /> 3.9 Defective Work. <br /> 3.9.1 Contractor shall promptly and at its sole cost correct all Defective Work identified by Owner within <br /> one (1)year after the date of Final Payment or within any longer period specified in the Contract <br /> Documents. Contractor's obligation to correct Defective Work excludes correction of damage <br /> caused by abuse by a person or persons other than those for whom Contractor is responsible, <br /> modifications performed by someone other than Contractor or its Subcontractors, improper or <br /> insufficient maintenance by Owner, improper operation by Owner, or normal wear and tear under <br /> normal usage. Nothing in this Article or elsewhere in the Agreement shall relieve the Contractor <br /> from responsibility or liability for latent defects, departures from the requirements of the Contract <br /> Documents, fraud or gross mistake or from damages resulting from any of the foregoing. <br /> 3.9.2 In the event a defect in a specified Product is discovered either during performance of the Work <br /> or in the warranty period, Contractor shall take appropriate measures with the manufacturer of <br /> the Product to assure correction or replacement of the defective Product with minimum delay or <br /> shall itself effect the correction or replacement promptly. <br /> 3.10 Taxes <br /> 3.10.1 Contractor shall pay all sales, consumer, excise, use, and other taxes and fees for the Work or <br /> portions thereof provided by Contractor or its Subcontractors or suppliers which are legally <br /> enacted when bids are received,whether or not yet effective or merely scheduled to go into effect. <br /> 3.10.2 Contractor shall obtain and require Subcontractors to obtain, all necessary permits from the State <br /> and from local taxing authorities to perform contractual obligations under the Agreement, <br /> including sales tax permits. <br /> 3.11 Permits and Fees. Except as otherwise expressly provided in the Contract Documents, Contractor shall <br /> secure and pay for all construction permits, licenses, and inspections, including any associated taxes or <br /> fees, necessary for proper execution and completion of the Work and which are legally required at the <br /> time the Work is performed. If any such requirements were not enacted at the time bids were received, <br /> Contractor shall be entitled to a Change Order increasing the Contract Price and/or the Contract Time as <br /> necessary for compliance with such new requirements. <br /> 3.12 Applicable Laws and Notices. <br /> 3.12.1 Contractor shall comply with and give notices required by Applicable Laws. <br /> 13 Jun-17 <br /> Ver.2.0 <br />