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2000-266H
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Last modified
7/18/2024 3:41:42 PM
Creation date
7/18/2024 3:15:25 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/07/2000
Control Number
2000-266H
Agenda Item Number
10.B.7.
Entity Name
Los Angeles Dodgers, Inc.
Subject
Application for Certification of retained Spring Training Franchise to
Florida Office of Tourism, Trade & Economic Development
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C 'J <br />0 <br />ARTICLE XI <br />RESPONSIBILITIES AND LIABILITIES <br />OF THE DODGERS <br />11.1 Warranties, 1n addition to any other warranties of the Design Build Firm contained <br />and/or required herein, the Design Build Firm and its subcontractors, suppliers and vendors of every <br />tier shall perform Services in accordance with good engineering and construction practices and in <br />accordance with approved practices and customs and the Minimum Standards, or as the Dodgers may <br />require. The Design Build Firm will provide to the County all warranties and guaranties required by <br />the Design Build Agreement and the Construction Drawings, which warranties and guaranties shall <br />be furnished by its subcontractors and vendors of every tier, and all such warranties and guaranties <br />t shall be addressed to and in favor of the County (which warranties and guaranties shall also run to <br />the benefit of the Dodgers so long as the Dodgers are in possession of the Facility under the Facility <br />Lease Agreement), and copies of the foregoing shall be delivered to the County at Substantial <br />Completion, The Services shall be provided and the Project shall be constructed, erected, and <br />assembled in a good and workmanlike manner, in accordance with the Design Build Agreement and <br />the Construction Drawings. The Design Build Firm will warrant and guarantee all work required by <br />this Agreement, the Design Build Agreement and the Construction Drawings against defects in <br />materials, equipment, and workmanship for not less than one (1) year from the date of Substantial <br />Completion (the "Warranty Obligations"'). Upon receipt of written notification, the Design Build <br />Firm shall remedy any defects in materials, equipment or workmanship or any other deficiencies <br />0 occurring within the warranty period. <br />h 11.2 Deiicienc , After discovery of any defects or deficiencies in the Project, the Design <br />Build Finn shall correct the same promptly after receipt of written notice from the Dodgers to do so. <br />This obligation shall survive Final Completion of the Project. If upon reasonable notice to the Design <br />Build Firm, the Design Build Firm fails to correct any defects or deficiencies as required by the <br />Warranty Obligations described in Section 11. 1, the Dodgers may at their expense pay for the <br />correction and thereafter seek reimbursement from the Design Build Firm for the costs incurred. <br />11.3 Warranties and Implied Wnrmnties. The Design Build Firm will warrant to the <br />County and the Dodgers that materials and equipment furnished under its contract will be of good <br />i quality and new unless otherwise required or permitted by the Design Build Agreement and the <br />Construction Drawings, that the Project will be free from defects not inherent in the quality required <br />or permitted, and that the Project will conform to the Design Build Agreement and the Construction <br />i Drawings. Work not conforming to these requirements, including substitutions not properly <br />approved and authorized, may be considered defective. The Design Build Firm's warranty excludes <br />remedy for damage or defect caused by abuse, authorized modifications not executed by the Design <br />Build Firm, improper or insufficient maintenance, improper operation, or normal wear and tear under <br />normal usage. The Design Build Firm shall furnish satisfactory evidence as to the kind and quality <br />of material and equipment. <br />ti <br />
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