12. WARRANTY. Subcontractor warrants Subcontractor's Work to Contractor on the same terms, and for the same period, as Contractor warrants Contractor's work to Owner under the Contract Documents. With respect to Subcontractor's Work, Subcontractor shall assume all warranty and correction obligations and responsibilities of Contractor under the Contract Documents and shall defend and indemnify Contractor from all claims of breach of warranty relating to Subcontractor's Work at Subcontractor's sole cost and expense. Subcontractor acknowledges that Contractor is entitled to cause Subcontractor to activate and energize, and Contractor may use, equipment installed by Subcontractor prior to Substantial Completion and, notwithstanding what may be provided otherwise by any supplier, Subcontractor's warranty and duty to correct shall commence upon Substantial Completion of Contractor's Work and shall extend for the same period as Contractor warrants Contractor's work to Owner under the Contract Documents. 13. SUBMISSIONS. (a) Subcontractor shall deliver to Contractor copies of shop drawings, catalogue cuts, installation instructions, brochures, samples, material lists and other submissions (collectively, "Submissions") required by Contractor or the Contract Documents in sequence and before purchasing or fabricating in any way for which Submissions are to be made and (i) within sufficient time so as not to delay performance of the Project which shall in no case be less than twenty-one (21) days before fabrication or (ii) within sufficient time for Contractor to submit the same within the time stated in the Contract Documents, whichever is earlier. Submissions shall be in strict accordance with the Contract Documents. No approval granted by Contractor of a Submission shall relieve Subcontractor from full compliance with the Contract Documents. Regarding Subcontractor's obligations under this Subcontract, the review by Contractor or the Owner of Submissions is limited to conformance with the general design concept for the Project and shall not be construed as a complete check or approval, either in whole or in detail, nor shall it relieve the Subcontractor from responsibility for errors and/or omissions of any sort therein, or from the necessity of furnishing any Subcontractor's Work required by the Contract Documents which may have been omitted from the Submissions. (b) If Subcontractor wishes to propose a deviation from the Contract Documents, such deviation shall be clearly identified as a deviation on the Submission and accompanied by a letter describing such deviation in detail and the effect, if any, on cost and time of performance of Subcontractor's Work. Requested deviations will be allowed only if Contractor gives specific written approval referencing the deviation to Subcontractor by Change Order. (c) Notwithstanding the dimensions given on the Plans, Specifications and other Contract Documents, it shall be the obligation and responsibility of Subcontractor to take such measurements as will ensure the proper matching and fitting of Subcontractor's Work including with contiguous work of others. Quantities of materials listed in the Contract Documents are approximate only and Subcontractor shall deliver the actual needs and requirements of Subcontractor's Work. 14. AMBIGUITIES, INCONSISTENCIES AND OMISSIONS. Subcontractor has reviewed the Contract Documents in preparation for execution of this Subcontract. Any error, ambiguity, inconsistency or omission between or among the Contract Documents or between any of the Contract Documents and manufacturer's installation instructions, of which Subcontractor had, or should have had, knowledge may not be a basis for any increase in the Subcontract Amount or time to perform the Subcontractor's Work. If inconsistencies or omissions exist in, between or among the Contract Documents, or between the Contract Documents and manufacturer's installation instructions, of which Subcontractor did not have, and should not have had, knowledge before execution of this Subcontract, it shall be the duty of Subcontractor to notify Contractor in writing thereof within seventy-two (72) hours of the discovery of such inconsistencies or omissions. After receipt of Subcontractor's notice, Contractor may instruct Subcontractor in writing of the actions to be taken, and Subcontractor shall comply with Contractor's written instructions. 15. INSPECTION AND DEFECTIVE WORK. (a) Without any duty of Contractor to provide continuous or exhaustive inspections, Subcontractor shall provide appropriate facilities for inspection by Contractor or the Owner of Subcontractor's Work and for inspection of Subcontractor's project documents for compliance with this Subcontract, the Subcontract Documents, Work Authorization Document(s) and the Contract Documents, whether at the Project site or any other place where items or services for such Subcontractor's Work, or documents may be in preparation, manufacture, testing, storage or installation. Subcontractor shall promptly replace or correct any Subcontractor's Work which Contractor or the Owner shall reject as failing to conform to the requirements of this Subcontract. If Subcontractor does not do so within a reasonable time, Contractor shall have the right to do so and Subcontractor shall be liable to Contractor for the cost thereof. If, in the opinion of Contractor, it is not expedient to correct or replace all or any part of rejected Subcontractor's Work or materials, then Contractor, at Contractor's option, may deduct from the payments due, or to become due, to Subcontractor, such amount as in Contractor's reasonable judgment will represent (i) the difference between the fair value of the rejected Subcontractor's Work and the value thereof if Subcontractor's Work had complied with this Subcontract, or (ii) the cost of correction, whichever Contractor determines is more appropriate. If rejection is by the Owner, or by Contractor at request of the Owner, Subcontractor's remedy against Contractor for wrongful rejection of Subcontractor's
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