Maintenance of Works. 59. A Contracting Government nominated to construct a work pursuant to this or the former Agreement must maintain it and keep it effective for its original purpose, unless it has been declared ineffective pursuant to clause 64.
Maintenance of Works. The Developer will be responsible for the repair and maintenance of all services and for its share of the costs thereof (in accordance with Section 4.1) until a Certificate of Final Acceptance is issued. This maintenance period shall extend for two (2) years from the date of the Certificate of Preliminary Acceptance of the Works (the “Maintenance Period”). During this Maintenance Period, a 10% security holdback shall be retained by the Municipality in accordance with the provisions of Clause 4.2 (d) of this Agreement. If during this period, the Developer fails to carry out maintenance work within seventy-two (72) hours after receipt of the request from the Municipality, then the Municipality’s Engineer or Director of Public Works may, without further notice, undertake such maintenance work and the Developer’s share of the total costs of such work, including engineering fees, shall be borne by the Developer. If the Developer fails to pay the Municipality within thirty (30) days of the date of billing, then the money owing may be deducted from the deposited securities. Towards the end of the Maintenance Period, the Developer shall make written request to the Municipality for a final inspection to be made in respect to the issuance of the Certificate of Final Acceptance. Notwithstanding the provisions above, operational responsibility for the Works shall be transferred to the Municipality once the watermains are commissioned. Any municipal costs associated with repair and maintenance of the water distribution system during the maintenance period shall be charged back to the Developer and the Developer shall pay its share of such amounts (in accordance with Section 4.1) to the Municipality within thirty (30) days of receiving the associated invoices.
Maintenance of Works. The facilities and matters required by paragraph 1 to paragraph 15 inclusive shall be provided and maintained by the Owners from time to time at their sole risk and expense and to the satisfaction of the Municipality and in default thereof, in addition to any other remedies which may be available to the Municipality, the provisions of the Municipal Act shall apply for the purposes of securing rectification of the default. The Owners further covenant and agree that the parcel shall, at all times, be kept tidy and free of weeds, refuse and debris.
Maintenance of Works. The Contractor shall at all times during the progress and continuance of the works and also for the period of maintenance specified in the Tender Form after the date of issue of the certificate of completion by the Engineer or any other earlier date subsequent to the completion of the works that may be fixed by the Engineer, be responsible for and effectively maintain and uphold in good substantial, sound and perfect condition all and every part of the works and shall make good from time to time and at all times as often as the Engineer shall require, any damage or defect that may during the above period arise in or be discovered or be in any way connected with the works, provided that such damage or defect is not directly caused by errors in the contract documents, act of providence or insurrection or civil riot, and the Contractor shall be liable for and shall pay and make good to the Railway or other persons legally entitled thereto whenever required by the Engineer so to do, all losses, damages, costs and expenses they or any of them may incur or be put or be liable to by reasons or in consequence of the operations of the Contractor or of his failure in any respect.
Maintenance of Works. The Developer will be responsible for the repair and maintenance of all Subdivision services for a period of two (2) years from the date of the Certificate of Substantial Completion and Acceptance or until such time as 70% of the lots in the particular phase of the subdivision have occupied dwellings erected thereon, whichever is the greater. This shall be called the Maintenance Period. If, during this period, the Developer fails to carry out maintenance work within 24 hours after receipt of a request from the Town, then the Town may, without further notice, undertake such maintenance work and the total cost of such work shall be borne by the Developer, the money owing may be deducted from the cash deposit or letter of credit. If the Developer fails to reimburse the Town held deposit within thirty (30) days of the date of billing, then no further approvals or release of monies shall occur. During the Maintenance Period, Ten Percent (10%) of the estimated cost of the Works in each accumulative Phase as per Schedule “D” shall be retained by the Town in cash or security. Towards the end of the Maintenance Period, the Developer shall make a written request to the Town for a final inspection to be made and, notwithstanding the period noted above, the Maintenance Period will continue for a minimum of the original two (2) year or for thirty (30) days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater.
Maintenance of Works. During the period of maintenance the Contractor shall maintain the Works and make all repairs, as defined in clauses 49 and 50 of the Conditions of Contract. After the commencement of the Period of Maintenance, the Contractor shall do nothing which might endanger the safety of the Public and he shall carry out all instructions of the Engineer or other duly authorised person or authority in this regard. Throughout the Period of Maintenance the Contractor shall notify the Engineer what work or operations it is intended to be carried out on the Site and he shall carry out any instruction which the Engineer may give as to times and manner of working so that any inconvenience to the Public is kept to a minimum. The Engineer will give the Contractor due notice of his intention to carry out any inspections during the Period of Maintenance and the Contractor shall upon receipt of such notice arrange for a responsible representative to be present at the times and dates named by the Engineer. This representative shall render all necessary assistance and take note of all matters and things to which his attention is directed by the Engineer.
Maintenance of Works. 7.1 MPDC will be responsible for the ongoing maintenance of Works located within the road reserve of Buckland Road in accordance with MPDC’s obligations as road controlling authority.
Maintenance of Works. The Grantee will exercise its rights hereunder in a proper and workmanlike manner on the Easement Lands and will keep and maintain the Works in good repair. Without limiting the generality of the foregoing, the Grantee will conduct inspections of the Works, including the Turbines on a periodic basis and complete any maintenance which the Grantee, in its reasonable opinion, determines is required in order to ensure that the Works, including the Turbines maintain a clean and uncluttered appearance and are, at all times, operating in a safe manner.
Maintenance of Works. (a) This clause only applies if Council informs the Developer, in accordance with clause 7.5(d) of this Agreement, that the Dedication Land is to be dedicated to Council.
Maintenance of Works a) The Owner, or in the event of transfer of ownership, any subsequent owner, will be responsible for the repair and maintenance of all constructed works for a period of two (2) years from the date of issuance of the Certificate of Substantial Completion and Acceptance for the works to which the same relates, which period of time shall be called the "Maintenance Period".
