Common use of Defects Liability Period Clause in Contracts

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) : action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) and the date on which the defect must be rectified (Rectification Date). (b) . The Developer must comply with the Rectification Notice by: (i) : procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) ; keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) and carrying out the Rectification Works. (c) . The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) . When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) . The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) : issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) or notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) . The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) . If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) : call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) and recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) . The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) . If, prior to the end of the Defects Liability Period: (i) : the Developer fails to request the inspection, or (ii) or the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. The Contractor shall at his own expense execute all work of repair, amendment, reconstruction, rectification and make good all defects, imperfections, shrinkages, or other faults to the Works or any Stage(s) as may be required by the Superintendent (aand/or, if clause 33.5. applies, then in the case of each Sold Lot, as required by the Purchaser of that Sold Lot, as each of those terms are defined in clause 33.5.) During and notified by the Superintendent or the Purchaser (as the case requires) to the Contractor during the Defects Liability Period for the Works or those Stage(s) (as applicable) or within fourteen (14) days after the expiration of such Defects Liability Period as a result of an inspection made prior to its expiration. The Contractor shall make good all notified defects, imperfections, shrinkages, or other faults to the Works or any Stage(s) as soon as reasonably practicable but, in any event, within forty-five (45) days of the end of the Defects Liability Period for the Works or those Stage(s) (as applicable). Notwithstanding anything to the contrary in the Contract, if during the Defects Liability Period for the Works or a Stage(s) a defect occurs to the Works or such Stage (as applicable) and the Principal or the Superintendent determines the defect requires urgent repairs and the Contractor is unable to be contacted during normal working hours or is unwilling to do the work within a reasonable time, the Principal may, itself or through other contractors, do such work as the Superintendent may determine as necessary. If the Superintendent is of the opinion that the work done by the Principal is work that the Contractor was liable to do at his own expense under the Contract, the Principal may recover the reasonable cost of the repair from the Contractor as a debt immediately due or payable. Further to clause 33.1., within fourteen (14) days of the expiration of the Defects Liability Period, the Council Superintendent (acting reasonablyand/or, if clause 33.5. applies, then in the case of each Sold Lot, the Purchaser of that Sold Lot, as each of those terms is defined in clause 33.5.) may give shall prepare a final list of any outstanding defects, imperfections, shrinkages, or other faults for the Works or a Stage (as the case requires) and provide the same to the Developer a notice (Rectification Notice) in writing that identifies a defect in Contractor and the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to Contractor will be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and have complied with its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects obligations under this clause 8.4. 33. in connection with the Works or the said Stage (gas the case may be) If once the Developer defects in that final list are rectified to the Superintendent’s reasonable satisfaction. Should the Contractor fail to comply with a Rectification Noticerectify any defects or faults within period specified in clause 33.1., then the Council may Principal (or if the defect or other fault was notified to the Contractor by the Purchaser, the Purchaser) may, itself or through contractors, do such things or take such action work as is necessary to carry out make good the Rectification Works, including accessing same and occupying any part the Principal may recover from the Contractor its costs and/or the costs of the Land without further notice to Purchaser of making good the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover same as a debt immediately due and payable from the Contractor to the Council Principal. The Contractor agrees that, where (and in each instance) the make good works have been undertaken by a Purchaser, the Developer Principal may (by notice in writing given to the Contractor) assign all of its right, title and interest in the debt which has arisen as a court consequence of competent jurisdictionsuch make good works, and all causes of action or claims arising out of or in connection therewith, to that Purchaser (whilst retaining all right, title and interest in all other amounts owing to it as a debt under this clause 33.4.). If the Principal, at any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days time prior to the end expiration of the Defects Liability Period. The Council must inspect Period for the Works, transfers title to any of the individual units, dwellings or apartments comprised in the Works at (“a Sold Lot”) (each person to whom the Principal transfers title to a Sold Lot is hereinafter being referred to as “the Purchaser”) the Contractor agrees that, in the case of each Sold Lot, the Principal may (in its sole and absolute discretion) notify the Contractor that, instead of and in lieu of the Superintendent notifying the Contractor under clauses 33.1. and 33.3. of any time after receiving defects or faults in the request from Works comprising part of the Developer Sold Lot, the Purchaser may notify the Contractor under clauses 33.1. and before 33.3. of those defects and faults (and the Contractor agrees that any notification given by the Purchaser will be as binding on the Contractor as if it had been given by the Superintendent). If this clause 33.5. applies: the Superintendent will continue to notify the Contractor under clauses 33.1. and 33.3. of any defects or faults in the Works comprising part of any un-Sold Lots or common property areas; and the Contractor will, within seven (7) days of the end of each month in which it has received a notification from a Purchaser(s) of any Sold Lot(s), provide the Defects Liability Period. (i) If, prior to Principal with a complete list of any such notified defects and faults. Nothing in this clause prejudices any other right which the end Principal may have against the Contractor arising out of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission failure of the Council or its employees, consultants or agents relating Contractor to any part of perform the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated in accordance with the Developer, Builder or SuperintendentContract.

Defects Liability Period. The Defects Liability Period and obligations under this clause and Schedule 3 only apply if the Foreshore Park is to be dedicated to Council. This clause 8.4 will not apply if Council informs the Developer that the Foreshore Park does not need to be dedicated in accordance with clause 7.4 of this Agreement. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 3 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 3 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer Applicant a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer Applicant to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer Applicant must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer Applicant and its contractors any access required to carry out the Rectification Works. (d) When the Developer Applicant considers that the Rectification Works are complete, either the Developer Applicant must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer Applicant under clause 8.4(d) of this Schedule 2 5 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer Applicant in writing that it is satisfied the Rectification Works are complete. (f) The Developer Applicant must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail Applicant fails to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the DeveloperApplicant, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 5 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer Applicant in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer Applicant must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer Applicant and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer Applicant fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. The Contractor shall at his own expense execute all work of repair, amendment, reconstruction, rectification and make good all defects, imperfections, shrinkages, or other faults to the Works or any Stage(s) as may be required by the Superintendent (aand/or, if clause 33.5 applies, then in the case of each Sold Lot, as required by the Purchaser of that Sold Lot, as each of those terms are defined in clause 33.5) During and notified by the Superintendent or the Purchaser (as the case requires) to the Contractor during the Defects Liability Period for the Works or those Stage(s) (as applicable) or within fourteen (14) days after the expiration of such Defects Liability Period as a result of an inspection made prior to its expiration. The Contractor shall make good all notified defects, imperfections, shrinkages, or other faults to the Works or any Stage(s) as soon as reasonably practicable but, in any event, within forty-five (45) days of the end of the Defects Liability Period for the Works or those Stage(s) (as applicable). Notwithstanding anything to the contrary in the Contract, if during the Defects Liability Period for the Works or a Stage(s) a defect occurs to the Works or such Stage (as applicable) and the Principal or the Superintendent determines the defect requires urgent repairs and the Contractor is unable to be contacted during normal working hours or is unwilling to do the work within a reasonable time, the Principal may, by his own or other workmen, do such work as the Superintendent may determine as necessary. If the Superintendent is of the opinion that the work done by the Principal is work that the Contractor was liable to do at his own expense under the Contract, the Principal may recover the reasonable cost of the repair from the Contractor as a debt immediately due or payable. Further to clause 33.1, within fourteen (14) days of the expiration of the Defects Liability Period, the Council Superintendent (acting reasonablyand/or, if clause 33.5 applies, then in the case of each Sold Lot, the Purchaser of that Sold Lot, as each of those terms is defined in clause 33.5) may give shall prepare a final list of any outstanding defects, imperfections, shrinkages, or other faults for the Works or a Stage (as the case requires) and provide the same to the Developer a notice (Rectification Notice) in writing that identifies a defect in Contractor and the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to Contractor will be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and have complied with its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects obligations under this clause 8.4. 33 in connection with the Works or the said Stage (gas the case may be) If once the Developer defects in that final list are rectified to the Superintendent’s reasonable satisfaction. Should the Contractor fail to comply with a Rectification Noticerectify any defects or faults within period specified in clause 33.1, then the Council may Principal (or if the defect or other fault was notified to the Contractor by the Purchaser, the Purchaser) may, by his own or other xxxxxxx, do such things or take such action work as is necessary to carry out make good the Rectification Works, including accessing same and occupying any part the Principal may recover from the Contractor its costs and/or the costs of the Land without further notice to Purchaser of making good the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover same as a debt immediately due and payable from the Contractor to the Council Principal. The Contractor agrees that, where (and in each instance) the make good works have been undertaken by a Purchaser, the Developer Principal may (by notice in writing given to the Contractor) assign all of its right, title and interest in the debt which has arisen as a court consequence of competent jurisdictionsuch make good works, and all causes of action or claims arising out of or in connection therewith, to that Purchaser (whilst retaining all right, title and interest in all other amounts owing to it as a debt under this clause 33.4). If the Principal, at any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days time prior to the end expiration of the Defects Liability Period. The Council must inspect Period for the Works, transfers title to any of the individual units, dwellings or apartments comprised in the Works at (“a Sold Lot”) (each person to whom the Principal transfers title to a Sold Lot is hereinafter being referred to as “the Purchaser”) the Contractor agrees that, in the case of each Sold Lot, the Principal may (in its sole and absolute discretion) notify the Contractor that, instead of and in lieu of the Superintendent notifying the Contractor under clauses 33.1 and 33.3 of any time after receiving defects or faults in the request from Works comprising part of the Developer Sold Lot, the Purchaser may notify the Contractor under clauses 33.1 and before 33.3 of those defects and faults (and the Contractor agrees that any notification given by the Purchaser will be as binding on the Contractor as if it had been given by the Superintendent). If this clause 33.5 applies: the Superintendent will continue to notify the Contractor under clauses 33.1 and 33.3 of any defects or faults in the Works comprising part of any un-Sold Lots or common property areas; and the Contractor will, within seven (7) days of the end of the Defects Liability Period. (ieach month in which it has received a notification from a Purchaser(s) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part Sold Lot(s), provide the Principal with a complete list of the Works; or (iii) malicious damage any such notified defects and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendentfaults.

Defects Liability Period. (a) During The Defects Liability Period commences on the date upon which WW issues an Acceptance of Works Certificate and continues for a minimum period of six (6) months, or until a Certificate of Completion is issued in accordance with clause 12.4, whichever is the later. (b) At any time during the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifiesWW may: (i) action required notify the Developer, the relevant Contractor, or both, in writing of any Defect that WW reasonably considers to be undertaken by related to the construction of the Development Works, and require the Developer to rectify that defect (Rectification Works); and (ii) procure the date on which relevant Contractor, to remedy the defect must be rectified (Rectification Date). (b) The Developer must comply with Defect within the Rectification Notice by: (i) procuring period as is set out in the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the partiesnotice; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer or the relevant Consultant, or both, in writing of any Defect that it WW reasonably considers to be related to the design or supervision by the Consultant of the Development Works, and require the Developer to procure the relevant Consultant, to remedy the Defect within the period as is satisfied set out in the Rectification notice; or (iii) at its discretion, undertake emergency works in respect of any Defect that WW reasonably considers to be related to the construction, design or supervision of the Development Works are completeand recover the reasonable costs incurred in remedying the Defect from one or both of the Works Warranty Bond and the Developer. (fc) The Developer must meet all costs of and incidental either itself or procure the Contractor or Consultant (as the case may be) to rectification of defects comply with any notice given under this clause 8.4clauses 13(b)(i) or 13(b)(ii). (gd) If the Developer fail to or relevant Contractor or Consultant does not comply with a Rectification Noticerequirement within the period set out in a notice given under clauses 13(b)(i) or 13(b)(ii), then WW may remedy the Council may do such things Defect and recover all reasonable costs incurred in remedying the Defect from one or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part both of the Land without further notice to Works Warranty Bond and the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (he) The Developer must request that Council inspect the Works 28 days prior to If, at the end of the Defects Liability Period. The Council must inspect the Works at six months (or any time greater period prescribed by WW) after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails has not procured the Consultant to request give WW the inspection, orrequired Design and Construction Forms; (ii) the Council does WW has not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as issued a result of: (i) any act or omission Certificate of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the WorksCompletion; or (iii) malicious damage in WW's reasonable opinion, any Defect notified under clause 13(b) has not been remedied, WW may, in its sole discretion and graffiti without giving further notice to another party: (iv) remedy any part outstanding Defect referred to in clause 13(e)(iii); and (v) recover the reasonable costs incurred by WW in remedying any such Defect, from one or both of the Works by persons not associated with Warranty Bond and the Developer, Builder or Superintendent. (f) The Developer must pay the amount of any costs referred to in this clause 13 within 10 Business Days after receiving an invoice for those costs.

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect Defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect Defect (Rectification Works); and (ii) the date on which the defect Defect must be rectified rectified, which must be reasonable having regard to the nature of the Defect (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may must inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects Defects under this clause 8.48.4 of this Schedule 2. (g) If the Developer fail fails to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days at least 10 Business Days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, If prior to the end of the Defects Liability Period: (i) . the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period will be extended for a period of 10 Business Days after the inspection is requested so that Council may carry out the inspection may be carried out. (j) During and issue any Rectification Notice prior to the end of the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent.

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 5 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail fails to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 5 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. 3.1 During the Defects Liability Period the Owner shall remain responsible at its own expense for remedying to the Highway Officer’s satisfaction any defect to the Highway Works and the Owner shall on being given written notice specifying such defect to the Highway Works at its own expense and within one month from the date of the notice (aunless a longer period is agreed in writing with the Highway Officer) make good the same to the Highway Officer’s satisfaction. 3.2 During the Defects Liability Period and until the Final Completion Certificate is issued the City Council shall maintain the Highway Works and all ancillary works (including sweeping, litter picking and cleaning). 3.3 If during the undertaking of the Highways Works and the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifiesOwner: (ia) action required including their agents and the Contractor/s fails to be undertaken by perform or observe any of the Developer to rectify that defect (Rectification Works); and (ii) conditions covenants agreements or obligations on the date on which part of the defect must be rectified (Rectification Date).Owner contained in this part of this Schedule; (b) The Developer must comply with including their agents and the Rectification Notice by: (i) procuring Contractor/s fails to carry out or complete the performance Highway Works within the time limit set out in the timetable approved for the time being in respect of the Rectification Highway Works by the Rectification Date, or such other date revised timetable for the Highway Works as agreed between is approved by the parties; City Council (ii) keeping the Council reasonably informed of the action such approval not to be taken to rectify the defectunreasonably withheld); and (iii) carrying out the Rectification Works.or (c) The Council must give has not completed the Developer Highway Works and being a company is wound up either voluntarily (except for the purpose of reconstruction or amalgamation) or compulsorily or being an individual becomes bankrupt or in either case enters into composition with its contractors any access required to carry out the Rectification Works.or his creditors; or (d) When has not completed the Developer considers that the Rectification Highway Works are complete, either the Developer must notify the Council and provide documentation, plans suffer any distress or invoices which establish that the Rectification Works were carried out.execution to be levied against its goods; or (e) The has not completed the Highway Works and are the subject of the appointment of a receiver, the City Council may inspect shall have the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) right by virtue of this Schedule 2 and, acting reasonably: paragraph and all other enabling powers whatsoever (after twenty eight days' notice in writing to the Owner requiring any alleged failure to be remedied if capable of remedy and the Owner having failed to do so within a reasonable period of time to (i) issue a further Rectification Notice if it is not reasonably satisfied that carry out and complete the Rectification Highway Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying complete any part of the Land without further notice works to the Developer, Property to provide an acceptable structure and may: (i) call upon acceptable support for any proposed or existing public highway without the Bank Guarantee provided need to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, obtain any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request further consent from the Developer Owner and before (iii) to the end of remedy any defect identified within the Defects Liability Period. (i) If, prior to 3.4 Where the end City Council serves a notice under paragraph 3.3 in this part of this Schedule in respect of a part only of the Defects Liability Period: (i) Highway Works the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission service of the Council notice shall not in any way relieve the Owner from the performance and observance of the conditions covenants agreements or its employees, consultants or agents relating to any obligations on the part of the Works under Owner contained in this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council Agreement in respect of any other part of the Works; or (iii) malicious damage and graffiti to any part of Highway Works included in this Agreement whether or not specified in the Works by persons not associated with the Developer, Builder or Superintendentnotice.

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer Landowner a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer Landowner to rectify that defect (Rectification Works); and (ii) the date on a reasonable period within which the defect must be rectified (Rectification DatePeriod). (b) The Developer Landowner must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by within the Rectification DatePeriod, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer Landowner and its contractors any access required to carry out the Rectification Works. (d) When the Developer Landowner considers that the Rectification Works are complete, either the Developer Landowner must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer Landowner under clause 8.4(d) of this Schedule 2 and2, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer Landowner in writing that it is satisfied the Rectification Works are complete. (f) The Developer Landowner must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail Landowner fails to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the DeveloperLandowner, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 to meet its costs of carrying out the Rectification Works; and (ii) recover as a debt due to the Council by the Developer Landowner in a court Court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer Landowner must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer Landowner and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer Landowner fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council may inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect Defect in the a Works Item and specifies: (i) action required to be undertaken by the Developer to rectify that defect Defect (Rectification Works); and (ii) the date on which the defect Defect must be rectified rectified, which must be reasonable having regard to the nature of the Defect (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defectDefect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect , including a Compliance Certificate to the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied effect that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (fe) The Developer must meet all costs of and incidental to rectification of defects Defects under clause 8.4 of this clause 8.4Schedule 2. (gf) If the Developer fail fails to comply with a Rectification Notice, then the Council may may, acting reasonably, do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying Works on any part of the Land on which the relevant Works Item is located, without further notice to the Developer, and may: (i) call upon the Bank Guarantee any Security provided to the Council under clause Error! R eference source not found. this agreement in respect of this Schedule 2 the relevant Works Item to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit Security and the costs incurred by the Council in carrying out Rectification Works. (hg) The Developer must request that Council inspect the relevant Works 28 days Item 20 Business Days prior to the end of the Defects Liability PeriodPeriod for that Works Item. The Council must inspect the relevant Works Item at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. 21.1 The Defects Liability Period shall be calculated from the date of issue of Taking Over Certificate under Clause 18.1 above or, in the event a Provisional Taking-Over Certificate is issued in respect of any portion of the Works, then as per Clause 18.3 above in respect of the said portion of the Works. Defects Liability Period is one (a1) year from the said date. However, for Original Equipment Manufacturer (OEM), the Defect Liability Period will be as mentioned in the warranty and guarantee certificate. 21.2 During the Defects Liability Period, the Council (acting reasonably) may give to Service Provider shall be responsible for carrying out and completing the Developer a notice (Rectification Notice) in writing that identifies a defect in rectification of the Works. The rectification of the Works executed during the Construction Period must always be carried out and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers in all respects so that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of Specifications shall be met throughout the Defects Liability Period. The Council must inspect guarantee period(s)/certificate(s) of any items bought by the Works at any time after receiving the request from the Developer Service Provider such as diesel generator sets, transformers, water pumps, fire pumps and before its fixtures, bearings, etc., if any, shall be transferred/assigned to the end of UPCA if the same exceeds the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) 21.3 During the Defects Liability Period, should there be any defects in the Developer is Works (including but not obliged limited to reinstate the non-conformance of design and engineering with the requirements of this Agreement), except usual wear and tear, the Service Provider shall, at its cost, repair, replace or otherwise make good such defect as well as any damage to the Works where caused by such defect. 21.4 The Service Provider shall, during the Defects Liability Period, execute work required to remedy defects or damage to the Works caused solely by any act or destruction is default of the Service Provider under this Agreement at its own cost and expenses. 21.5 If the Service Provider fails to undertake any renewal/rectification of the Works within a reasonable period after the need for such Works becoming apparent or within the period programmed in terms with this Agreement or as specified by the UPCA, the UPCA may propose a result ofdate on or by which such notifications are to be completed and give the Service Provider reasonable notice of such date. If the Service Provider fails to complete the renewal/rectification of the Works during the Defects Liability Period by such date, the UPCA may carry out the work itself or by others at the risk and cost of the Service Provider, and such amount may be appropriated by the UPCA from any payments which may be due and payable by the UPCA to the Service Provider by encashing the Retention Bank Guarantee . If any renewal/rectification works are such that they may affect the efficiency or performance of the Works, UPCA may require the Service Provider to carry out a repeat test. 21.6 The Service Provider shall carry out repair and rectification works during the Defects Liability Period. 21.7 Completion of the Service Provider’s obligations under this Agreement shall not be deemed to have been completed till the issuance by the UPCA of a completion certificate (“Completion Certificate”). 21.8 The Service Provider shall notify the UPCA of the date on which all the following have occurred under the provisions of this Agreement: (ia) any act or omission expiry of the Council or its employees, consultants or agents relating to any part Defects Liability Period for the entire Works; (b) supply by the Service Provider of all the Service Provider’s Documents; (c) completion of Tests and inspection under Clause 14 above in respect of all the Works; (d) remedying of all Defects in the Works; and (e) issuance of written confirmation by XXXX’s PMO Team and the Proof Consultant under Clause 15.3 above in respect of all the Works. 21.9 With 28 (twenty-eight) days of the Works notification under this agreementClause 21.8 above, UPCA shall either; (a) issue the Completion Certificate; or (iib) give reasons for not issuing the use Completion Certificate. 21.10 If UPCA does not either issue the Completion Certificate or occupation by give reasons for not issuing the Council or its employeessame within 28 (twenty-eight) days, consultants or agents, Council's representatives or other contractor the Completion Certificate shall be deemed to have been issued on the date falling immediately after the expiry of the Council said period of any part 28 (twenty-eight) days. 21.11 If UPCA gives reasons for not issuing the Completion Certificate, the Service Provider shall issue a fresh notification under Clause 21.8 above after addressing the said reasons and the period of the Works; or 28 (iiitwenty-eight) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendentdays under Clause 21.9 above shall re-commence.

Defects Liability Period. 3.1 During the Defects Liability Period the Owner shall remain responsible at its own expense for remedying to the Highway Officer’s satisfaction any defect to the Highway Works and the Owner shall on being given written notice specifying such defect to the Highway Works at its own expense and within one month from the date of the notice (aunless a longer period is agreed in writing with the Highway Officer) make good the same to the Highway Officer’s satisfaction. 3.2 During the Defects Liability Period and until the Final Completion Certificate is issued the City Council shall maintain the Highway Works and all ancillary works (including sweeping, litter picking and cleaning). 3.3 If during the undertaking of the Highways Works and the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifiesOwner: (ia) action required including their agents and the Contractor/s fails to be undertaken by perform or observe any of the Developer to rectify that defect (Rectification Works); and (ii) conditions covenants agreements or obligations on the date on which part of the defect must be rectified (Rectification Date).Owner contained in this part of this Schedule; (b) The Developer must comply with including their agents and the Rectification Notice by: (i) procuring Contractor/s fails to carry out or complete the performance Highway Works within the time limit set out in the timetable approved for the time being in respect of the Rectification Highway Works by the Rectification Date, or such other date revised timetable for the Highway Works as agreed between is approved by the parties; City Council (ii) keeping the Council reasonably informed of the action such approval not to be taken to rectify the defectunreasonably withheld); and (iii) carrying out the Rectification Works.or (c) The Council must give has not completed the Developer Highway Works and being a company is wound up either voluntarily (except for the purpose of reconstruction or amalgamation) or compulsorily or being an individual becomes bankrupt or in either case enters into composition with its contractors any access required to carry out the Rectification Works.or his creditors; or (d) When has not completed the Developer considers that the Rectification Highway Works are complete, either the Developer must notify the Council and provide documentation, plans suffer any distress or invoices which establish that the Rectification Works were carried out.execution to be levied against its goods; or (e) The has not completed the Highway Works and are the subject of the appointment of a receiver, the City Council may inspect shall have the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) right by virtue of this Schedule 2 and, acting reasonably: paragraph and all other enabling powers whatsoever (after twenty eight days' notice in writing to the Owner requiring any alleged failure to be remedied if capable of remedy and the Owner having failed to do so within a reasonable period of time to (i) issue a further Rectification Notice if it is not reasonably satisfied that carry out and complete the Rectification Highway Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying complete any part of the Land without further notice works to the Developer, Property to provide an acceptable structure and may: (i) call upon acceptable support for any proposed or existing public highway without the Bank Guarantee provided need to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, obtain any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request further consent from the Developer Owner and before (iii) to the end of remedy any defect identified within the Defects Liability Period. (i) If, prior to 3.4 Where the end City Council serves a notice under paragraph 3.3 in this part of this Schedule in respect of a part only of the Defects Liability Period:Highway Works the service of the notice shall not in any way relieve the Owner from the performance and observance of the conditions covenants agreements or obligations on the part of the Owner contained in this Agreement in respect of any other part of the Highway Works included in this Agreement whether or not specified in the notice. (i) 3.5 If the Developer fails City Council serves a notice under paragraph 3.3 in this part of this Schedule and carries out or completes the Highway Works or any part of them or causes them to request the inspection, or (ii) the Council does not carry be carried out the inspection, City Council shall be entitled to payment of the Council may extend reasonable cost of doing so from the Defects Liability Period so that Owner (or their successor) or from the inspection may be Bond including payment in advance of such works being carried out. (j) During 3.6 If the Defects Liability Period, City Council receive money in advance for the Developer is not obliged to reinstate any Works where damage purpose of remedying default/s or destruction is as a result of: (i) any act or omission breach/es of this Agreement on the Council or its employees, consultants or agents relating to any part of the Owner (including their agents and the Contractor/s) the City Council shall only use that money for such purpose. 3.7 Upon completion of the Highway Works under the City Council shall as soon as reasonably practicable notify the Owner in writing of the actual cost of checking and agreeing and approving matters related to and monitoring the carrying out of the Highway Works and connected with assisting in making and the confirmation (and/or seeking the confirmation) of applications for consents and traffic management orders and design and supervision of the Highway Works and the amount by which this agreement; orexceeds or is less that the Estimated Monitoring Fees; (iia) the use or occupation Owner shall within fourteen days of any request to do so (and having received the City Council’s notification) pay to the City Council any amount by which the Council or its employees, consultants or agents, Council's representatives or other contractor actual cost of checking and agreeing and approving matters related to and monitoring the carrying out of the Council Highway Works and connected with assisting in making and the confirmation (and/or seeking the confirmation) of any part applications for consents and traffic management orders and design and supervision of the WorksHighway Works exceeds the sum of the Estimated Monitoring Fees; orand (iiib) malicious damage the City Council shall repay to the Owner any amount by which the Estimated Monitoring Fee exceeds the actual cost of checking and graffiti agreeing and approving matters related to any part and monitoring the carrying out of the Highway Works by persons not associated and connected with assisting in making and the Developer, Builder or Superintendentconfirmation (and/or seeking the confirmation) of applications for consents and traffic management orders and design and supervision of the Highway Works.

Defects Liability Period. (a) During The Developer must ensure that, on transfer of the Contribution Land, Council will have the benefit of any defects liability warranty and Home Warranty Insurance given by a Builder in relation to the Contribution Land and the Contribution Works. At any time during the Defects Liability PeriodPeriod (in respect of a Contribution), Council may inspect the Contribution Works for the purpose of ascertaining what defects and omissions (if any) in the Contribution Works are required to be made good by the Developer. (b) Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in to the Works and specifiesDeveloper that: (i) action states that part of the Contribution Works are defective, giving details; (ii) specifies the works which Council considers are required to be undertaken by rectify the Developer defect; (iii) provides a reasonable estimate of the Costs and Legal Costs to rectify that defect (Rectification Works)such works, including particulars of how those Costs and Legal Costs were calculated; and (iiiv) specifies the date on which the defect must be rectified (Rectification Datewithin a reasonable period of time). (bc) The Developer must comply with rectify any defects or omissions in the Contribution Works which are identified in a Rectification Notice by: (i) procuring the performance of the Rectification Works work required to rectify the defect within the time period specified by the Rectification Date, Council or such other date time as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works.rectification.. (d) When the Developer considers that the Rectification Works are a rectification is complete, either the Developer must notify Council that the Council works subject to the relevant Rectification Notice are complete and provide documentation, plans or invoices which establish that the Rectification Works those works were carried out. (e) The Council may inspect the Rectification Works rectification works within 15 20 Business Days of receiving a Notice notice from the Developer under clause 8.4(d1.24(d) of this Schedule 2 and, acting reasonably4 and may: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are rectification is complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works works are complete. (f) If the Developer fails to complete or rectify such works within the period required by a Rectification Notice under clause 1.24(b) or clause 1.24(e)(i) then Council may call upon the Bank Guarantee lodged by the Developer in accordance with Schedule 10 and have such works completed or rectified, and the Developer must reimburse Council promptly following any demand by Council for all Costs and Legal Costs incurred by Council in completing or rectifying such works that were not or could not be satisfied by calling on the Bank Guarantee. (g) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If 1.24 and indemnifies Council for all monies payable by the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary pursuant to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: paragraph 1.24 (if) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The indemnity in paragraph 1.24 (g) of this Schedule 4 is a continuing obligation, separate and independent from the Developer's other obligations and survives completion, rescission or termination of this Deed. The Developer must request that Council inspect pay on demand any amount it must pay under the Works 28 days prior to the end indemnity in paragraph 1.24(g) of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Periodthis Schedule 4. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. ‌ 33.1. The Contractor shall at his own expense execute all work of repair, amendment, reconstruction, rectification and make good all defects, imperfections, shrinkages, or other faults to the Works or any Stage(s) as may be required by the Superintendent (aand/or, if clause 33.5 applies, then in the case of each Sold Lot, as required by the Purchaser of that Sold Lot, as each of those terms are defined in clause 33.5) During and notified by the Superintendent or the Purchaser (as the case requires) to the Contractor during the Defects Liability Period for the Works or those Stage(s) (as applicable) or within fourteen (14) days after the expiration of such Defects Liability Period as a result of an inspection made prior to its expiration. The Contractor shall make good all notified defects, imperfections, shrinkages, or other faults to the Works or any Stage(s) as soon as reasonably practicable but, in any event, within forty-five (45) days of the end of the Defects Liability Period for the Works or those Stage(s) (as applicable). 33.2. Notwithstanding anything to the contrary in the Contract, if during the Defects Liability Period for the Works or a Stage(s) a defect occurs to the Works or such Stage (as applicable) and the Principal or the Superintendent determines the defect requires urgent repairs and the Contractor is unable to be contacted during normal working hours or is unwilling to do the work within a reasonable time, the Principal may, by his own or other workmen, do such work as the Superintendent may determine as necessary. If the Superintendent is of the opinion that the work done by the Principal is work that the Contractor was liable to do at his own expense under the Contract, the Principal may recover the reasonable cost of the repair from the Contractor as a debt immediately due or payable. 33.3. Further to clause 33.1, within fourteen (14) days of the expiration of the Defects Liability Period, the Council Superintendent (acting reasonablyand/or, if clause 33.5 applies, then in the case of each Sold Lot, the Purchaser of that Sold Lot, as each of those terms is defined in clause 33.5) may give shall prepare a final list of any outstanding defects, imperfections, shrinkages, or other faults for the Works or a Stage (as the case requires) and provide the same to the Developer a notice (Rectification Notice) in writing that identifies a defect in Contractor and the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to Contractor will be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and have complied with its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects obligations under this clause 8.433 in connection with the Works or the said Stage (as the case may be) once the defects in that final list are rectified to the Superintendent’s reasonable satisfaction. (g) If 33.4. Should the Developer Contractor fail to comply with a Rectification Noticerectify any defects or faults within period specified in clause 33.1, then the Council may Principal (or if the defect or other fault was notified to the Contractor by the Purchaser, the Purchaser) may, by his own or other xxxxxxx, do such things or take such action work as is necessary to carry out make good the Rectification Works, including accessing same and occupying any part the Principal may recover from the Contractor its costs and/or the costs of the Land without further notice to Purchaser of making good the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover same as a debt immediately due and payable from the Contractor to the Council Principal. The Contractor agrees that, where (and in each instance) the make good works have been undertaken by a Purchaser, the Developer Principal may (by notice in writing given to the Contractor) assign all of its right, title and interest in the debt which has arisen as a court consequence of competent jurisdictionsuch make good works, any difference between the amount and all causes of the security deposit action or claims arising out of or in connection therewith, to that Purchaser (whilst retaining all right, title and the costs incurred by the Council interest in carrying out Rectification Worksall other amounts owing to it as a debt under this clause 33.4). (h) The Developer must request that Council inspect 33.5. If the Works 28 days Principal, at any time prior to the end expiration of the Defects Liability Period. The Council must inspect Period for the Works, transfers title to any of the individual units, dwellings or apartments comprised in the Works at any time after receiving (“a Sold Lot”) (each person to whom the request from Principal transfers title to a Sold Lot is hereinafter being referred to as “the Developer Purchaser”) the Contractor agrees that, in the case of each Sold Lot, the Principal may (in its sole and before to absolute discretion) notify the end Contractor that, instead of and in lieu of the Defects Liability Period. (i) If, prior to Superintendent notifying the end Contractor under clauses 33.1 and 33.3 of any defects or faults in the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any comprising part of the Works Sold Lot, the Purchaser may notify the Contractor under this agreement; or clauses 33.1 and 33.3 of those defects and faults (ii) and the use or occupation Contractor agrees that any notification given by the Council or its employees, consultants or agents, Council's representatives or other contractor of Purchaser will be as binding on the Council of any part of Contractor as if it had been given by the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent). If this clause 33.5 applies:

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect Defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect Defect (Rectification Works); and (ii) the date on which the defect Defect must be rectified rectified, which must be reasonable having regard to the nature of the Defect (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may must inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects Defects under this clause 8.4. (gi) If the Developer fail fails to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (iii) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 to meet its costs of carrying out Rectification Works; and (iiiii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (hg) The Developer must request that Council inspect the Works 28 days 10 Business Days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (ih) If, prior to the end of the Defects Liability Period: (i) Period the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period will be extended for a period of 10 Business Days after the inspection is requested so that Council may carry out the inspection may be carried out. (j) During and issue any Rectification Notice prior to the end of the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent.

Defects Liability Period. (a) During The Developer must ensure that, on transfer of the Contribution Land, Council will have the benefit of any defects liability warranty and Home Warranty Insurance given by a Builder in relation to the Contribution Land and the Contribution Works. At any time during the Defects Liability PeriodPeriod (in respect of a Contribution), Council may inspect the Contribution Works for the purpose of ascertaining what defects and omissions (if any) in the Contribution Works are required to be made good by the Developer. (b) Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in to the Works and specifiesDeveloper that: (i) action states that part of the Contribution Works are defective, giving details; (ii) specifies the works which Council considers are required to be undertaken by rectify the Developer defect; (iii) provides a reasonable estimate of the Costs and Legal Costs to rectify that defect (Rectification Works)such works, including particulars of how those Costs and Legal Costs were calculated; and (iiiv) specifies the date on which the defect must be rectified (Rectification Datewithin a reasonable period of time). (bc) The Developer must comply with rectify any defects or omissions in the Contribution Works which are identified in a Rectification Notice by: (i) procuring the performance of the Rectification Works work required to rectify the defect within the time period specified by the Rectification Date, Council or such other date time as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Worksrectification. (d) When the Developer considers that the Rectification Works are a rectification is complete, either the Developer must notify Council that the Council works subject to the relevant Rectification Notice are complete and provide documentation, plans or invoices which establish that the Rectification Works those works were carried out. (e) The Council may inspect the Rectification Works rectification works within 15 20 Business Days of receiving a Notice notice from the Developer under clause 8.4(d1.24(d) of this Schedule 2 and, acting reasonably4 and may: (i) issue Issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are rectification is complete; or (ii) notify Notify the Developer in writing that it is satisfied the Rectification Works works are complete. (f) If the Developer fails to complete or rectify such works within the period required by a Rectification Notice under clause 1.24(b) or clause 1.24(e)(i) then Council may call upon the Security lodged by the Developer in accordance with Schedule 10 and have such works completed or rectified, and the Developer must reimburse Council promptly following any demand by Council for all Costs and Legal Costs incurred by Council in completing or rectifying such works that were not or could not be satisfied by calling on the Security. (g) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If 1.24 and indemnifies Council for all monies payable by the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary pursuant to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: paragraph 1.24 (if) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The indemnity in paragraph 1.24 (g) of this Schedule 4 is a continuing obligation, separate and independent from the Developer's other obligations and survives completion, rescission or termination of this Deed. The Developer must request that Council inspect pay on demand any amount it must pay under the Works 28 days prior to the end indemnity in paragraph 1.24(g) of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Periodthis Schedule 4. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. (a) This clause 10.4 and clause 10.5 of this Schedule apply to works to construct and fit out Affordable Housing Units to be delivered under this agreement. (b) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer Landowner a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer Landowner to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (bc) The Developer Landowner must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (cd) The Council must give the Developer Landowner and its contractors any access required to carry out the Rectification Works. (de) When the Developer Landowner considers that the Rectification Works are complete, either the Developer Landowner must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (ef) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer Landowner under clause 8.4(d10.4(e) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer Landowner in writing that it is satisfied the Rectification Works are complete. (fg) The Developer Landowner must meet all costs of and incidental to rectification of defects under this clause 8.410.4. (gh) If the Developer fail Landowner fails to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the DeveloperLandowner, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendentclause

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the any Bond or Bank Guarantee provided to the Council under clause Error! R eference source not found. 8.5 of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a Supplier must rectify any defect in the Works and specifiesMaterials. The Supplier must perform this obligation whether it has been given an instruction by SCE or not. (b) If the Supplier does not comply with its obligations under clause 13.8(a), SCE may give the Supplier a written direction to rectify any defect in the Materials, stating: (i) action required the defect that requires rectification; (ii) the time by which the defect must be rectified; and (iii) any conditions, or restrictions, on access to be undertaken by the Developer to rectify part of the project works in which the defect is located. (c) If the Supplier rectifies a defect during the Defects Liability Period, a new Defects Liability Period will commence for that defect or those parts of the Materials containing the defect starting on the date the defect was rectified. (Rectification Works)d) If SCE issues a direction under clause 13.8(b) and the Supplier does not rectify the defect in accordance with SCE's direction: (i) SCE may rectify or engage another person to do this on SCE’s behalf the defect and any costs will be set off a backcharge under clause 14.5; and (ii) a new Defects Liability Period will commence for that defect stating on the date the defect was rectified. (e) SCE may accept Materials that does not strictly comply with the Contract during the Defects Liability Period however is under no obligation to do so. If SCE does so, SCE may reduce the Contract Sum by taking into account the following: (i) the diminution in the value of the Materials because of the defect; and (ii) the date on costs from which the defect must be rectified (Rectification Date)Supplier is relieved of rectifying or re-supplying the defective Materials. (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. 19.1 Any defects major shrinkages or other faults appearing or notified to Capstone by the Council within 12 months from Practical Completion of the Works (aor within 14 days of its expiry) During (“Relevant Defect Liability Period”) shall be remedied by Capstone at no cost to the Council” and within the timescales specified in the Defects Liability Period, Procedure provided that Capstone shall not be responsible for any defects in planting turfing or similar soft landscaping caused by any failure of the Council to carry out reasonable maintenance including watering and cutting if necessary. 19.2 Capstone shall notify in writing the Council’s Representative when it considers that it has remedied all the defects referred to in the previous sub-clause and the Council’s Representative shall be entitled to re-inspect the Works during the period of 10 Working Days from receipt of such notice from Capstone and the Council’s Representative shall then notify Xxxxxxxx as to whether it considers all such defects have been remedied or if there are outstanding defects in which case the provisions of clause 19.1 and this clause shall continue to apply until such time as the Council’s Representative notifies Capstone that all the defects in the schedule have been remedied to their reasonable satisfaction (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect (Rectification Works); and (ii) the date on which the defect must be rectified (Rectification Date). 19.3 Notwithstanding the provisions of sub-clause 19.1 the Council’s Representative may, whenever he considers it necessary to do, issue instructions in accordance with the Defects Liability Procedure requiring any defect major shrinkage or other fault which shall appear within the Relevant Defect Liability Period save for any defects in planting turfing or similar sort landscaping caused by any failure of the Council to carry out reasonable maintenance including watering and cutting if necessary to be made good and Capstone shall, within the relevant response time detailed in the said Defects Liability Procedure (bor forthwith in an emergency) The Developer must after receipt of such instructions comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice same at no cost to the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification WorksCouncil. (h) The Developer must request that Council inspect the Works 28 days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) the Developer fails to request the inspection, or (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result of: (i) any act or omission of the Council or its employees, consultants or agents relating to any part of the Works under this agreement; or (ii) the use or occupation by the Council or its employees, consultants or agents, Council's representatives or other contractor of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendent

Defects Liability Period. (a) During the Defects Liability Period, the Council (acting reasonably) may give to the Developer Parties a Rectification Notice in respect of any Defects. (b) The Developer Parties must comply with a Rectification Notice at its own cost according to its terms and to the satisfaction of Council acting reasonably. (c) Council may enter upon the Land for the purpose of satisfying the Rectification Notice where the Developer Parties have failed to comply with a Rectification Notice but only after giving the Developer Parties not less than ten (10) Business Days written notice of its intention to do so. (Rectification Noticed) If the Council elects to exercise the step-in writing that identifies a defect in the Works and specifiesrights granted to it under clause 6.5(c) then: (i) action required the Council may: (A) enter upon any part of the Land that it requires access to be undertaken by in order to satisfy the obligations of the Developer to Parties in accordance with the Rectification Notice; and (B) rectify that defect (the relevant Defects in accordance with the Rectification Works)Notice; and (ii) the date on which the defect Developer Parties must be rectified (Rectification Date). (b) The Developer must comply not impede or interfere with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers in undertaking that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried outwork. (e) The Where Council exercises its step-in rights, all costs incurred by Council in rectifying the relevant Defects may inspect the Rectification Works within 15 Business Days of receiving be claimed by Council as a Notice from liquidated debt owed by the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are completeParties. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. By no later than ten (g10) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 business days prior to the end of the Defects Liability Period. The Council must inspect the Works at any time after receiving the request from the Developer and before to the end of the Defects Liability Period. (i) If, prior to the end of the Defects Liability Period: (i) Council will undertake a final inspection of the Developer fails to request the inspection, orWork; and (ii) the Council does not carry out the inspection, the Council may extend the Defects Liability Period so that the inspection may be carried out. (j) During the Defects Liability Period, the Developer is not obliged to reinstate any Works where damage or destruction is as a result ofeither: (iA) any act or omission by way of written notice to the Developer Parties, confirm that the Work is acceptable to Council or its employees, consultants or agents relating acting reasonably; or (B) issue a Rectification Notice to the Developer Parties if it identifies any part of the Works under this agreement; orWork which is not acceptable to Council (acting reasonably). (iig) If Council issues a Rectification Notice under clause 6.5(d)(i)(B), the use or occupation by Developer Parties must comply with the Council or Rectification Notice at its employees, consultants or agents, Council's representatives or other contractor own cost according to its terms and to the satisfaction of the Council of any part of the Works; or (iii) malicious damage and graffiti to any part of the Works by persons not associated with the Developer, Builder or Superintendentacting reasonably.

Defects Liability Period. (a) During Upon certification by the Principal that the work under the Contract has reached the stage of Practical Completion, the Defects Liability Period shall commence. Upon the issue of the certificate of practical completion, 50% of the Security will be released to the Contractor, unless the Principal determines a different percentage to be more just and equitable. Subject to the Principal’s rights at law, the Contractor must, during the Defects Liability Period, rectify at its own expense all Defects which exist at the Council (acting reasonably) may give to commencement of the Developer a notice (Rectification Notice) Defects Liability Period or are notified in writing that identifies a defect in the Works and specifies: (i) action required to be undertaken by the Developer to rectify that defect Principal during the Defects Liability Period or within ten (Rectification Works); and (ii10) the date on which the defect must be rectified (Rectification Date). (b) The Developer must comply with the Rectification Notice by: (i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties; (ii) keeping the Council reasonably informed of the action to be taken to rectify the defect; and (iii) carrying out the Rectification Works. (c) The Council must give the Developer and its contractors any access required to carry out the Rectification Works. (d) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out. (e) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from after the Developer under clause 8.4(d) of this Schedule 2 and, acting reasonably: (i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or (ii) notify the Developer in writing that it is satisfied the Rectification Works are complete. (f) The Developer must meet all costs of and incidental to rectification of defects under this clause 8.4. (g) If the Developer fail to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may: (i) call upon the Bank Guarantee provided to the Council under clause Error! R eference source not found. of this Schedule 2 to meet its costs of carrying out Rectification Works; and (ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the security deposit and the costs incurred by the Council in carrying out Rectification Works. (h) The Developer must request that Council inspect the Works 28 days prior to the end expiration of the Defects Liability Period. The Council Contractor must inspect rectify the Works at any Defect within the time after receiving stated by the request from the Developer and before to the end Principal or, if no time is stated, within ten (10) Business Days of the Defects Liability Period. (i) If, prior to the end giving of the Defects Liability Period: (i) notice by the Developer fails to request Principal or such longer time as may be agreed by the inspection, or (ii) the Council does not carry out the inspection, the Council Principal. The Principal may extend the Defects Liability Period so that for such time as the inspection Principal determines to allow for the rectification of defects. If the Defect is not rectified within the stated time, the Principal may either: (a) rectify the Defect at the Contractor’s expense, or (b) accept the work and clause 6(b) will apply. The reasonable cost incurred by the Principal in proceeding with (a) shall be a debt due from the Contractor to the Principal which may be carried out. deducted or recovered by the Principal pursuant to clause 22. Within ten (j10) During Business Days of the later of the expiration of the Defects Liability Period, the Developer is not obliged rectification of all Defects notified by the Principal, or the acceptance of defects under clause 6(b), the Contractor must forward its final claim in relation to reinstate the work under the Contract. The Contractor shall include in that claim all moneys which the Contractor considers to be due from the Principal under or arising out of or in connection with the Contract or any Works where damage or destruction is as a result of: (i) any act or omission alleged breach thereof. After the expiration of the Council or its employeesperiod for lodging a final claim, consultants or agents relating to any part claim which the Contractor could have made against the Principal and has not been made shall be barred. Within ten (10) Business Days of receipt of the Works under final claim, the Principal must issue to the Contractor a Final Certificate certifying the final amount, if any, due to the Contractor. If the Contractor does not submit a final claim in accordance with this agreement; or (ii) clause, the use or occupation Principal may issue a Final Certificate which must include valuations of all claims made by the Council or its employees, consultants or agents, Council's representatives or other contractor Contractor. Such Final Certificate must be issued within twenty (20) Business Days after the expiration of the Council Defects Liability Period or any extended Defects Liability Period determined by the Principal under clause 11. Where the Contractor submits a final claim, the Contractor releases the Principal from any claim which it has or might have had where that claim has not been included in the final claim. Where the Principal issues a Final Certificate without the Contractor having submitted a final claim, the Contractor releases the Principal from any claim which it has or might have had where that claim has not previously been made against the Principal. A Final Certificate is a payment certificate for the purposes of any part clause 16. Within ten (10) Business Days of the Works; or (iii) malicious damage and graffiti to any part issue by the Principal of the Works Final Certificate, the Principal shall release to the Contractor the remainder of the Security held by persons the Principal. Unless either party, either before the Final Certificate has been issued or not associated later than ten (10) Business Days after the issue thereof, serves a notice of dispute under clause 24, the Final Certificate shall be evidence in any proceedings of whatsoever nature of satisfactory discharge of each party’s obligations in connection with the Developersubject matter of the contract, Builder or Superintendentexcept in the case of —