Common use of CORRECTION OF DEFECTS OCCURRING WITHIN WARRANTY PERIOD Clause in Contracts

CORRECTION OF DEFECTS OCCURRING WITHIN WARRANTY PERIOD. When defects occurring within the warranty period are discovered, Developer shall work to remedy any such defects within seven (7) days of notice of discovery thereof by the City, or as agreed upon in writing, and shall complete such work within a reasonable time as determined by the City. In emergencies, where damage or loss of service may result from delay, corrections may be made by the City immediately upon discovery; in which case the cost thereof shall be borne by Developer. In the event Developer does not commence and/or accomplish corrections within the time specified, the work shall be otherwise accomplished and the cost of same shall be paid by Developer. Developer shall be responsible for any expenses incurred by the City resulting from defects in the Developer’s work including actual damages, cost of materials, and labor expended by the City in making emergency repairs, and cost of engineering, inspection, and supervision by the City or City Engineer, as well as reasonable attorneys’ fees and expert witness fees to be fixed by the court in any action which the City may commence against the Developer to enforce the provisions hereof.

CORRECTION OF DEFECTS OCCURRING WITHIN WARRANTY PERIOD. When defects occurring within the warranty period are discovered, Developer shall work to remedy any such defects within seven (7) days of notice of discovery thereof by the City, or as agreed upon in writing, and shall complete such work within a reasonable time as determined by the City. In emergencies, where damage or loss of service may result from delay, corrections may be made by the City immediately upon discovery; in which case the cost thereof shall be borne by Developer. In the event Developer does not commence and/or accomplish corrections within the time specified, the work shall be otherwise accomplished and the cost of same shall be paid by Developer. Developer shall be responsible for any expenses incurred by the City resulting from defects in the Developer’s work including actual damages, cost of materials, and labor expended by the City in making emergency repairs, and cost of engineering, inspection, and supervision by the City or City Engineer, as well as reasonable attorneys’ fees fees, and expert witness fees to be fixed by the court in any action which the City may commence against the Developer to enforce the provisions hereof.