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SUBCONTRACT AGREEMENT#16.130.0015 II <br /> _ _. PROJECT#16.130.00 <br /> EXHIBIT N -SUBCONTRACT INARRANTY <br /> Project Name: _ Yllage.Ghase_Apartments _ _ _ _ _ __ <br /> _. <br /> Subcontract qqreement Number: - 16.130.0015 - " <br /> Subcontractor's Name: CWC Roofin� &Exteriors <br /> Contractor's Name: Formula Conshuction..Group,LLC T._.. <br /> -. .............. .. , <br /> Owner's Name: Halimark Village Chase,LLC <br /> - <br /> Date: ...... <br /> : .......... .. . . <br /> Date of Substantial Completion: � <br /> -:_...._..- -....... .-..-. .. .. . . _,._,:_:._._.............::_.:.-.... - ._.............-.._: ._.._._... .:-:...... <br /> The referenced Subcontractor, by and through its undersigned author'�zed representative, relative to its performance of the Su bcontract <br /> Work,under the referenced Subcontract Agreement,and in addition to any separate or oiher warranty or guaranry given or required relative <br /> to the performanoe of the Subcontract Work,hereby warrants to the Contractor and to the Owner for a period of two years ftom Substantiaf <br /> Comple�on Date set forth above that: <br /> (1) The Subconfiact Work has been finally completed and was performed in accorcJance and conformiiy with the requirements of the <br /> Subcontract Agreement and Confiact Documents;and <br /> (2) The Subcontract Work wdl be free from ail faults,deficiencies and defects in workmanship and materials and shali be as calied for <br />' in ihe Subcontract Agreement and Contract Documents;and <br /> (3) The Subcontractor iurfher warrants that all work performed and materials and equiprt�nt fumished under this Subcontract <br /> Agreement shau be of good qualiiy and new(unless otheiwise expressly provided in the Confrac#Documents); <br /> Excluding only damage or defect caused by abuse,modi6cations not executed by the Subcontractor,improper or insufficient main�enance, <br />� improper�operafion,or normal wear and tear under normal usage. <br /> b'� � <br /> Should any such non-conformity,defect or deficiency develop during the warranty perial,upon written notice by Contractor or Owner to the <br />� Suboontracta se�ing forth a description of the contended breach of this warranty,the Subcontractor shall promptly inspect the Work called <br /> into questign at the Pro'ect site and investi ate sud�claim. If Subcontractor believes that the non-conformi deficienc or defect did not <br /> 1 9 �Y� Y <br /> result due to its breach of this Warranty or fhe Subcontract Agreement,it shall proyide promptly but in any event within thi rty(30)days of its <br /> receipt of ihe written notice or such shorter time spec�ed in the notice,to the Contractor and the Owner,if the Owner has given the notice, <br /> a written explanation and just�cation of its basis for such a determination. Failure to timely provide such written response shall be <br /> conside�ed a wan+er of any claim by Subcontractor that it is not responsble for the non-conformiiy,defect or deficiency. ff it determines that <br /> the non-conformity,defect or deficiency is its responsibitity hereunder,the Subcontractor shall promptly commence and prosecute a cure or <br /> correction of the non-conformity,defect or deficiency. If the Subcontractor fails to effect full cure or comection within sixty(60)days after <br /> receiving written notice of 1he non-cor�ormity, defect or deficiency, and should the Contractor and/or the Owner determine that the <br />' Subcontractor is in breach or default of its obligations hereunder, either or both parties may,at their sole option and election,proceed to <br />; cure and correct i�e non�onformity,defect of deficiency and charge the Subcontractor for the costs and expenses incurred for such cure or <br /> correction and for any other resultaM damages. Subwntractor agrees to pay such upon written demand. <br /> This Warranty and the remedies and recourse provided herein are non-excusive and independent and separate from any other warranty or <br /> guaranty given in relation to the work or other remedies or recourse afforded under the law or the Subcontract Agreement. <br /> SUBCOMRACTOR: <br /> CWC Roofing 8 Exteriors <br /> 2185 Hampton Avenue <br />� Sa1nt Louis,MO 63139 <br />� <br />! (Authorized Signatr�re) <br />�I <br />�, <br />�� � (Typed Name) <br />� .. _... _. <br /> (TiUe) <br /> : .. __.___..__. _ _____..-.. . _.._ _. <br /> (Date) � <br /> Subcontract FL EXH I Contractor's ' i <br /> Irnt als: <br /> Rev. 11115 Subcontractors Initials: <br />