Maintenance of Works. 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 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. 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 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 for the works to which the same relates, which period of time shall be called the "Maintenance Period".
b) If, during the Maintenance Period, The Owner, or any subsequent owner, fails to carry out maintenance work within twenty-four (24) hours after receipt of a request from the City, the City may, without further notice, undertake such maintenance work and the total cost of such maintenance work shall be borne by The Owner. If The Owner fails to pay for such work within thirty (30) days of the date of billing, then the money owing may be deducted from the deposited securities.
c) Towards the end of the Maintenance Period, The Owner shall make a written request to the City for a final inspection to be made and notwithstanding the two (2) year period noted above, the Maintenance Period will continue for the original two (2) years or for thirty (30) days after the receipt of The Owner' written request for a final inspection, whichever period of time is the greater.
d) During the Maintenance Period, securities sufficient to cover the maintenance of the works shall be retained by the City.
Maintenance of Works. All works, once constructed or provided in accordance with the requirements of this Agreement shall be properly maintained and repaired as required to the satisfaction of the Municipality at the Owner's sole expense. Maintenance shall be deemed to include the removal of snow from all access ramps, ingress and egress routes, driveways, parking and loading and unloading areas, and may include from time to time the trucking away of snow depending on conditions.
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.
(b) In this clause, the following definitions apply: item, including repairing any defects but does not include removing graffiti or repairing any item damaged as a consequence of vandalism. Maintained and Maintenance have corresponding meanings.
(i) For the Xxxxx 0 Xxxxxxxxx Xxxxx the period of 5 years from the time that item of Work is delivered to Council in accordance with this agreement;
(ii) For Stage 2 Foreshore Works, for a maximum period of 5 years. If Stage 2 is delayed by more than 4 years after the delivery of Stage 1, the maintenance period for stage 2 is to be a maximum of 1 year.
(c) The Works or any part of those works, must be Maintained by the Developer in accordance with the Maintenance Schedule for the Maintenance Period.
(d) The Developer may engage contractors to carry out the Maintenance Works but responsibility for the Maintenance Works lies with the Developer.
(e) The Developer and its contractors must follow the following Council policies in carrying out the Maintenance required under this clause:
(i) Asset Management Policy;
(ii) Contaminated Land Policy and Procedure;
(iii) Outdoor dining policy – wharf café
(iv) Policy for removal of placards, bills, flyers, banners and paper affixed to public assets;
(v) Unauthorised Use of Public Lands Policy and Procedure; and
(vi) any other policies relevant to the Maintenance Works which may be adopted after the execution of this Deed and which Council informs the Developer in writing may apply, as may be amended from time to time.
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. 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) In this clause, the following definitions apply: Maintained and Maintenance have corresponding meanings.
(b) The Works or any part of the Works, must be Maintained by the Developer to the reasonable satisfaction of the Council for the Maintenance Period in accordance with a Maintenance Schedule, which must be provided to Council prior to the issue of a Compliance Certificate for the Works.
(c) The Developer must follow relevant Council policies and obtain all Approvals necessary to carry out the Maintenance required under this clause.
(d) Forty (40) Business Days prior to the end of any Maintenance Period, the Developer must request Council to carry out an inspection of the Works or any part of those Works.
(e) The Council must carry out the inspection as requested by the Developer within five (5) Business Days of the request.
(f) The Council may, within five (5) Business Days of carrying out the inspection notify the Developer of any Maintenance work required, including any Maintenance required in addition to the work set out in the Maintenance Schedule.
(g) If the Developer is issued with a notice to carry out Maintenance work under paragraph (f) of this clause, the Developer must, at the Developers’ cost, carry out the Maintenance work as specified in the notice and in the timeframe specified by the notice.
(h) If the Developer fails to substantially comply with an approved Maintenance Schedule and does not rectify that failure within twenty-one (21) Business Days of being notified of that failure or within a reasonable period of time agreed between the parties, or if the Developer fails to comply with a notice issued under paragraph (f) of this clause, the Council may, by itself, its employees, contractors or agents, carry out the required works and may recover as a debt due to the Council by the Developer in a court of competent jurisdiction, the costs incurred by the Council in carrying out the maintenance work.
