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CITY, the COMPANY, the Work or the EMs whatsoever. The COMPANY <br /> may, if any subcontractor refuses to furnish a release or receipt in full, <br /> furnish a bond satisfactory to the CITY to indemnify the CITY against any <br /> lien. If any lien remains unsatisfied after the COMPANY has received <br /> payment due for the Work, the COMPANY shall refund to the CITY all <br /> moneys that the CITY may be compelled to pay in discharging the lien, <br /> including all costs and reasonable attorney fees; <br /> (c) Certificates of inspection for all EMs which require local government <br /> inspection; <br /> (d) Asbestos abatement compliance records, if applicable; <br /> 7.3 Any retainage amounts will be paid at the completion of and acceptance by CITY <br /> of final punch list items. <br /> ARTICLE 8: THE EFFICIENCY MEASURES <br /> 8.1 EM Warranties. The COMPANY warrants that all EMs designed, procured and <br /> installed pursuant to this Agreement are new, in good and proper working condition. The <br /> COMPANY further warrants that the EMs are protected by appropriate written warranties <br /> covering all parts and equipment performance for the periods specified in Schedule P. The <br /> COMPANY shall deliver to the CITY for inspection and approval all such written warranties <br /> and shall pursue rights and remedies against the manufacturer and each prior seller of the <br /> EMs under the warranties in the event of equipment malfunction, improper or defective <br /> function, or defects in parts, workmanship or performance for one year following the <br /> Commencement Date. The COMPANY shall be responsible for managing all warranty activity <br /> during the warranty periods set forth in Schedule P and shall notify the CITY whenever defects <br /> in equipment, parts or performance occur which give rise to such rights and remedies and <br /> those rights and remedies are exercised by the COMPANY. <br /> All warranties shall be transferable and extend to the CITY. The warranties shall <br /> specify that only new, and not reconditioned, parts may be used and installed when repair is <br /> necessitated by malfunction. The COMPANY warrants that all workmanship, materials, and <br /> equipment used in conjunction with the EMs will be in conformance with the Project <br /> Documents and free from defects for the period, commencing with the date of the beneficial <br /> use of each EM to the CITY and continuing for the period set forth in Schedule P. <br /> CITY HEREBY ACKNOWLEDGES AND AGREES THAT THESE WARRANTIES ARE <br /> THE SOLE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR <br /> IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND <br /> FITNESS FOR A PARTICULAR PURPOSE. CITY FURTHER ACKNOWLEDGES THAT NO <br /> ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS <br /> OR EMPLOYEES, SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER. <br /> 8.2 Correction of Warranted Work. <br /> (a) Commencing with the date of beneficial use of each EM to the CITY and <br /> continuing for the warranty periods set forth in Schedule P or by the terms of any applicable <br /> special warranty required by the Project Documents, the COMPANY shall correct or replace all <br /> faulty, defective or nonconforming Work in accordance with the timeframes set forth in 8.2(c). <br /> After receipt of written notice from the CITY to correct such fault or defect, whether it was <br /> observed before or after acceptance of the Work, the COMPANY will correct the Work unless <br /> 9 <br />