Common use of GUARANTEE AND WARRANTY OF THE IMPROVEMENTS Clause in Contracts

GUARANTEE AND WARRANTY OF THE IMPROVEMENTS. A. If, within a period of one year following the acceptance by the City Council of the last of the Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Developer, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Development Laws, or the Improvement Plans and related specifications, the Developer shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Developer's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one-year period. B. Should the Developer fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement or reconstruction to be undertaken before the Developer can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Developer's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Developer shall reimburse the City for any excess costs incurred. C. The security furnished for the Faithful Performance of the Developer's obligation to construct and install the Improvements described herein shall include Developer's liability hereunder for the one-year guarantee and warranty of the Improvements.

GUARANTEE AND WARRANTY OF THE IMPROVEMENTS. A. If, within a period of one year following the acceptance by the City Council of the last of the Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the DeveloperSUBDIVIDER, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Development Subdivision Laws, or the Improvement Plans and related specifications, the Developer SUBDIVIDER shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. DeveloperSUBDIVIDER's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one-one year period. B. Should the Developer SUBDIVIDER fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement or reconstruction to be undertaken before the Developer SUBDIVIDER can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the DeveloperSUBDIVIDER's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Developer SUBDIVIDER shall reimburse the City for any excess costs incurred. C. The security furnished for the Faithful Performance of the DeveloperSUBDIVIDER's obligation to construct and install the Improvements described herein shall include DeveloperSUBDIVIDER's liability hereunder for the one-year guarantee and warranty of the Improvements.