Common use of Defect in the Public Benefits Clause in Contracts

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.

Defect in the Public Benefits. ‌ (a) If: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.

Defect in the Public Benefits. (a) If: (i) the Developer is or the Landowner are in breach of clause 4.2 of this document; or (ii) the City notifies the Developer and the Landowner of a Defect in the Public Benefits within the Defects Liability Period, then, following written notice from the City, the Developer or the Landowner 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)) or such other reasonable period agreed in writing by the City and the Developer, 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 and/or the Landowner as a debt due and owing to the City. (c) If the City requires access to the Land to rectify any Defect, the Developer and the Landowner 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.

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)) and no Dispute Notice has been issued, 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 (besides Queens Court) 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.

Defect in the Public Benefits. ‌ (a) If: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 3 of Schedule 3 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.

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.

Defect in the Public Benefits. (a) If: (i) the Developer is in breach of clause 4.2 or 4.3 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.

Defect in the Public Benefits. ‌ (a) If:If:‌ (i) the Developer is in breach of clause 4.2 4.3 of this document; or (ii) the City notifies the Developer of a Defect in the Public Benefits Developer’s Works 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 BenefitsDeveloper’s Works. (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.

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)) or such later time as agreed by the City in writing, 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.

Defect in the Public Benefits. ‌ (a) If: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 t, for the City and its contractors to access the Land to carry out, or procure ou the carrying out, of the rectification works.

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 six 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 Public Benefits Area or any area of the Land reasonably required 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 Public Benefits Area to carry out, or procure the carrying out, of the rectification works.

Defect in the Public Benefits. (a) If: (i) the Developer is in breach of clause 4.2 4.3 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 City is to provide the Developer grants reasonable notice, and the Developer shall grant 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.

Defect in the Public Benefits. ‌ (a) If:If:‌ (i) the Developer is or the Landowner are in breach of clause 4.2 of this document; or (ii) the City notifies the Developer and the Landowner of a Defect in the Public Benefits within the Defects Liability Period, then, following written notice from the City, the Developer or the Landowner 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)) or such other reasonable period agreed in writing by the City and the Developer, 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 and/or the Landowner as a debt due and owing to the City. (c) If the City requires access to the Land to rectify any Defect, the Developer and the Landowner 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.

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 reasonably necessary for the City and its contractors to access the Land to carry out, or procure the carrying out, of the rectification works. (d) The City acknowledges and agrees; (i) that the Developer intends to carry out the Development in Stages as set out in Annexure A; and that any notice given under this clause 8.2(a) in relation to a Public Benefit will be dealt with independently of any other Stage and will not delay the Completion of any other Stage so long as the rectification required of such defect does not adversely affect the public use or safety of the Stage, nor impact the completion and/or use of the subsequent Stage, as determined by the City.