Common use of Maintenance of Developer’s Works Clause in Contracts

Maintenance of Developer’s Works. ‌ (a) In this clause 5.2, the following definitions apply: Maintain means works to bring an item to a state of reasonable condition and in accordance with relevant standards applicable at the time of construction of the item, but does not include removing graffiti or repairing any item damaged as a consequence of vandalism. Maintained and Maintenance have corresponding meanings. (b) The Developer's Works must be Maintained by the Developer during the Maintenance Period in accordance with the Maintenance Schedule. (c) The Developer must follow the City’s Policies and obtain and comply with all Authorisations necessary to carry out the Maintenance required under this clause 5.2. (d) If, during the Maintenance Period: (i) the Developer fails to materially comply with the approved Maintenance Schedule and does not rectify that failure within 15 Business Days of being notified of that failure by the City or within a reasonable period of time agreed between the parties; or (ii) the City becomes aware of an item of the Developer’s Works that requires urgent Maintenance to ensure public safety or avoid damage or loss to the public or property, the City may, by itself, its employees, contractors or agents, carry out the required works and may recover as a debt due and owing to the City, any difference between the amount of the Guarantee and the costs incurred by the City in carrying out the Maintenance work.

Maintenance of Developer’s Works. ‌ (a) In this clause 5.2, the following definitions apply: Maintain means works to bring an item to a state of reasonable condition and in accordance with relevant standards applicable at the time of construction of the item, but does not include removing graffiti or repairing any item damaged as a consequence of vandalism. Maintained and Maintenance have corresponding meanings. (b) The Developer's Works must be Maintained by the Developer during the Maintenance Period in accordance with the Maintenance Schedule. (c) The Developer must follow the City’s Policies and obtain and comply with all Authorisations necessary to carry out the Maintenance required under this clause 5.2. (d) If, during the Maintenance Period: (i) the Developer fails to materially comply with the approved Maintenance Schedule and does not rectify that failure within 15 Business Days of being notified of that failure by the City or within a reasonable period of time agreed between the parties; or (ii) the City becomes aware of an item of the Developer’s Works that requires urgent Maintenance to ensure public safety or avoid damage or loss to the public or property, the City may, by itself, its employees, contractors or agents, carry out the required works and may recover as a debt due and owing to the City, any difference between the amount of the Guarantee and the costs incurred by the City in carrying out the Maintenance work.