Defect in the Public Benefits. (a) If:
(i) the Developer is in breach of clause 4.2 of this document; or
(ii) the City notifies the Developer of a Defect in the Public Benefits within the Defects Liability Period, then, following written notice from the City, the Developer must promptly correct or replace (at the Developer’s expense) the defective elements of the Public Benefits.
(b) If the Developer is unable or unwilling to comply with clause 8.2(a), or fails to rectify the Defect within three months of receiving notice from the City under clause 8.2(a), the City may:
(i) rectify the Defect itself;
(ii) make a claim on the Guarantee in accordance with clause 10 for the reasonable costs of the City in rectifying the Defect; and
(iii) to the extent the costs incurred to rectify the Defect exceeds the Guarantee, recover the reasonable costs from the Developer as a debt due and owing to the City.
(c) If the City requires access to the Land to rectify any Defect, the Developer grants the City and its contractors a licence for such period as is necessary for the City and its contractors to access the Land to carry out, or procure the carrying out, of the rectification works.
