ASSUMPTION OF SERVICES. Notwithstanding anything hereinafter set out, the Town shall not be obligated to assume the responsibility for and take over service provision to the Subdivision until Sections 18 and 19 have been complied with. The Developer is responsible for the maintenance and shall provide securities to the Town in the amount agreeable to the Town in the form of a Letter of Credit or a certified cheque, to ensure that the maintenance of the services, including snowplowing and sanding, are properly carried out, if deemed necessary by the Town. If applicable and by mutual consent, this clause may be amended to adjust the required number of occupied dwellings before the Town assumes the work and services.
ASSUMPTION OF SERVICES. (a) The Town shall not assume or be deemed to have assumed any services until a Certificate of Maintenance and Final Acceptance has been issued therefore by the Town. Notwithstanding the foregoing or anything hereinafter set out, except for that which is contained in Schedule “M”, the Town shall not be obligated to assume the responsibility for and take over the services until 50% of the lots have occupied dwellings erected thereon.
(b) The Town may require securities in the form of a cash deposit or letter of credit to ensure that the maintenance of the services, excluding snow plowing and sanding of the roads, are properly carried out until the said number of the lots have occupied dwellings erected thereon and the Town has assumed the roads.
ASSUMPTION OF SERVICES. A.7.1. All survey bars as shown on the registered plan that have been damaged or removed shall be replaced and all bars certified by an Ontario Land Surveyor at the Owner's expense before assumption of the completed services in a phase.
A.7.2. Immediately prior to the expiry of the maintenance period, and after receipt of a certificate from the Professional Engineer as to the satisfactory performance of the municipal services, the Town’s Manager of Operations shall perform a verification inspection and inspect all municipal services to ensure that they conform to all Town requirements. Should this inspection indicate that the municipal services do not meet the Town requirements; the Owner shall repair or correct all deficiencies and request a re- inspection. All subsequent inspections made by the Town staff shall be at the Owner’s expense. The Town’s Manager of Operations shall submit a written report to Council that all of the services have been constructed or installed to Town specifications and are in the required condition for assumption by the Town. The Town Treasurer shall submit a written report to Council that all financial requirements have been met.
A.7.3. As heretofore provided any additional inspections required by Town staff shall be charged to the Owner at actual payroll costs plus 100% overhead.
A.7.4. Upon acceptance of the reports outlined in A.7.2., Council shall, by by-law, assume the completed services, as applicable, vesting Ownership of said service in the Town, and the Owner shall have no claims or rights thereto, other than those accruing to it as an Owner of the land abutting on streets on which the services were installed.
ASSUMPTION OF SERVICES. Contractor agrees that if, in the opinion of User, Contractor fails at any time during the performance of Services under a Work Order to provide the labor, supervision, tools, equipment or materials necessary for the prompt performance of Services, or should Contractor breach the Work Order in whole or in part or fail to use due diligence in the performance thereof, User may, at its election and without prejudice to any other remedies available to it, take over and perform or obtain another contractor to take over and perform all or any part of Services then remaining unperformed. Should User take over completion of Services, or obtain another contractor to do so, User's sole obligation shall be to pay Contractor, upon completion of Services and subject to the other provisions of this Agreement that reduce or suspend payment,
(a) an amount determined according to Exhibit D for Services, other than lump sum Services, performed and obligations incurred prior to the effective date of User's assumption of Services; and
(b) for lump sum Services, the lesser of either (1) the percentage of any moneys due which represents the percentage of Services completed by Contractor under the Work Order, or (2) the lump sum price for the Work Order less all costs and expenses incurred by User in completing Services. Notwithstanding the foregoing, if User should exercise this right, User or its designee shall have the right but not the obligation to use all or any part of Contractor's tools and equipment then in use on the job but shall pay Contractor a reasonable rental for the use of the tools and equipment during the period of use by User or its designee and shall return same to Contractor upon completion of the job in as good condition as when taken over by User, ordinary wear and tear excepted. Subject to the provisions of this Agreement, User's sole liability to Contractor for assumption of Services is contained in this Article 6, and User shall not be liable for any costs, claims, damages or liabilities whatsoever of Contractor or its Subcontractors, including, without limitation, consequential, special or indirect damages, loss of anticipated profit or reimbursement for Services unperformed.
ASSUMPTION OF SERVICES. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the Subdivision services until at least Fifty Percent (50%) of the lots on the Subdivision have occupied dwellings erected thereon. The Township may require securities in the form of Letter of Credit or bonds to ensure that the maintenance of the services, including snowplowing and sanding, are properly carried out until the above said Fifty Percent (50%) of the lots on the Subdivision or stage of the Subdivision have occupied dwellings erected thereon. By mutual consent, this clause may be amended to lower the required number of occupied dwellings before the Township assumes the work and services.
ASSUMPTION OF SERVICES. Upon the completion of an individual phase and expiry of the maintenance period, the Town may assume the services therein, in accordance with the provisions of this Agreement. Such assumption shall not release the Owner from any of the requirements of this Agreement unless otherwise specified herein.
ASSUMPTION OF SERVICES a) The City shall not assume or be deemed to have assumed any Services provided under this Agreement until a Certificate of Maintenance and Final Acceptance has been issued therefore by the City.
