Common use of Maintenance of Works Clause in Contracts

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 services and for its share of the costs thereof (in accordance with Section 4.1) until a Certificate of Final Acceptance is issuedissued for the Stage 2 services by the Town. This maintenance period shall extend for two (2) years from the date of the Certificate of Preliminary Acceptance for each Stage of the Works (the “Maintenance Period”)Works. During this Maintenance Periodmaintenance period, a 10% security holdback shall be retained by the Municipality Town in accordance with the provisions of Clause 4.2 9.3 (de) of this Agreementagreement. If during this period, the Developer fails to carry out maintenance work within seventy-two (72) hours after receipt of the request from the MunicipalityTown, then the MunicipalityTown’s Engineer or Director of Public Works Operations 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 Town within thirty (30) days of the date of billing, 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 Town 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 water distribution system shall be transferred to the Municipality Town once the watermains are distribution system is commissioned. Any municipal All costs associated with repair and maintenance of the water distribution system during the maintenance period shall be charged changed back to the Developer and the Developer shall pay its share of all such amounts (in accordance with Section 4.1) to the Municipality within thirty (30) days of Town forthwith upon receiving the associated invoices.

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) Works until a Certificate of Final Acceptance is issuedissued by the Municipality for the Works. This maintenance period shall extend for two (2) years from the date of the Certificate of Preliminary Acceptance has been issued for all Stages of the Works (the “Maintenance Period”). For clarity, the costs paid by the Developer for the Works shall include but not be limited to all hydro costs for the street lights. During this the Maintenance Period, a 10% security holdback shall be retained by the Municipality in accordance with the provisions of Clause 4.2 Section 9.3 (de) 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 Infrastructure and Development 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 Municipal within thirty (30) days of the date of billing, then the money owing may be deducted from the deposited securitiesDeposited 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 water distribution system shall be transferred to the Municipality once compliance with Section 6.6 of Schedule “C” has been satisfied by the watermains are commissionedDeveloper. Any municipal All costs associated with repair and maintenance of the water distribution system during the maintenance period Maintenance Period shall be charged changed back to the Developer and the Developer shall pay its share of all such amounts (in accordance with Section 4.1) to the Municipality within thirty (30) days of forthwith upon receiving the associated invoices.