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payment bond pursuant to Section 255.05, Florida Statutes, shall extend thirty (30) days beyond the Final <br /> Acceptance Date. <br /> ARTICLE 5-WARRANTY <br /> 5.1 General Warranty. The Company warrants to the Customer that the Services performed by the <br /> Company under this Master Agreement shall be performed with the degree of skill and care that is required by <br /> current good and sound professional procedures and practices, and in conformance with generally accepted industry <br /> standards prevailing at the time the Services are performed. The Company further warrants that all equipment and <br /> materials provided and installed by the Company in connection with the implementation of any ECO hereunder shall <br /> be new, be free from significant defects in design, engineering, materials, construction and workmanship, as <br /> reasonably determined by the Customer, and conform in all material respects with all requirements of applicable <br /> law, the final Design Documents applicable to such ECO and all descriptions set forth therein, applicable <br /> engineering and construction codes and standards,and all other requirements of this Master Agreement and of any <br /> applicable Customer-authorized Implementation Services Authorization Form. <br /> 5.2 Warranty Period. The warranty period for the warranties set forth in Section 5.1 shall extend,with <br /> respect to each installed ECO, for a period of one (1) year commencing thirty (30) days following the Substantial <br /> Completion Date for such ECO. <br /> 5.3 Remedies. The Customer shall promptly notify the Company in writing of the discovery during <br /> the applicable warranty period of any claim against the Company's warranties under Section 5.1, including any <br /> defects in the equipment or materials installed as part of an ECO. As the Customer's sole and exclusive remedy for <br /> any such claim against the Company's warranties, the Company shall, at its own cost and expense, as soon as <br /> reasonably possible following the Company's receipt of notice of any claim against any warranty or the Company's <br /> otherwise obtaining knowledge of any claim of warranty, cause the repair(or as Company determines appropriate <br /> the replacement, rework and/or retest) of defective equipment and construction workmanship and/or provide at the <br /> Company's expense any changes,modifications or additions to the work which the Company determines necessary <br /> due to a failure to perform any Services hereunder and furnish the equipment and materials in accordance with the <br /> standards set forth in Section 5.1. All costs directly associated with the Company's rework and testing thereof shall <br /> be borne by the Company. The Company shall use reasonable efforts to perform such remedial actions and make <br /> any tests in a timely manner and at such times so as to minimize disruption of normal operations at the Customer's <br /> Service Location. <br /> 5.4 Vendor Warranties. Without limiting the Company's warranty set forth in Section 5.1, the <br /> Company, in procuring materials and equipment for an ECO, shall use reasonable efforts to obtain customary and <br /> standard Vendor warranties from the supplier or Subcontractor for the benefit of the Company and the Customer. <br /> The Customer shall be entitled to the benefit of any Vendor or Subcontractor warranties obtained which are better or <br /> of longer duration than those provided by the Company hereunder. If any such warranties are for a period longer <br /> than the Company's warranties, they shall be transferred to the Customer at the end of the Company's warranty <br /> period under Section 5.3. <br /> 5.5 Company Principally Responsible. Notwithstanding Section 5.4,the Company shall have primary <br /> liability with respect to all Company warranties set forth in Section 5.1, including warranties with respect to <br /> materials and equipment,whether or not any event or defect is also covered by a Vendor or Subcontractor warranty, <br /> for the warranty period set forth in Section 5.3, and the Customer need only look to the Company for corrective <br /> action during the warranty period set forth in Section 5.3. Upon the expiration of the warranty period set forth in <br /> Section 5.3, Customer shall look to the applicable Vendor or Subcontractor to the extent such Vendor or <br /> Subcontractor provides a warranty beyond the warranty period in Section 5.3. <br /> 5.6 Warranty Exclusions. The liabilities and obligations of the Company under this Article 5 do not <br /> extend to any repairs, adjustments, alterations, replacements or maintenance which were not prior approved in <br /> writing by the Company or may be required as a result of wear and tear in the operation or use of an ECO, or as a <br /> result of the Customer's failure to operate or maintain an ECO in accordance with the operating manuals or <br /> instructions supplied by the Company, or in accordance with the training provided by the Company to Customer's <br /> Page 9 of 20 Rev 08/15/08 <br />