Common use of Failure to Properly Complete Work Clause in Contracts

Failure to Properly Complete Work. If (a) Installation/Acceptance of the Work has not occurred by the Deadline, or (b) the Work is not free of defects (normal wear and tear excepted) for two years after Installation/Acceptance by City, then City shall be deemed fully authorized (without further action or notice whatsoever) to use as much of the Deposit as is required (in City’s opinion) to satisfactorily complete the Work and/or to repair any defects therein, including (without limitation) the cost of any and all incidental construction, administrative, legal or engineering expenses incurred by City to complete such work.

Failure to Properly Complete Work. If (a) Installation/Acceptance of the Work has not occurred by the Deadline, or (b) the Work is not free of defects (normal wear and tear excepted) for two years after Installation/Acceptance by City, then City shall be deemed fully authorized (without further action or notice whatsoever) to use demand, draw, collect and receive from Issuer as much of the Deposit Committed Amount (not previously released as provided in section 5 above) as is required (in City’s opinion) to satisfactorily complete the Work and/or to repair any defects therein, including (without limitation) the cost of any and all incidental construction, administrative, legal or engineering expenses incurred by City to complete such work.