Common use of Maintenance of Works Clause in Contracts

Maintenance of Works. The Developer will be responsible for the repair and maintenance of all the Works until a Certificate of Final Acceptance is issued by the Municipality for the Works. This maintenance period shall extend for two (2) years from the date 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 the Maintenance Period, a 10% security holdback shall be retained by the Municipality in accordance with the provisions of Section 9.3 (e) 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 General Manager of Infrastructure and Development may, without further notice, undertake such maintenance work and the total costs of such work, including engineering fees, shall be borne by the Developer. If the Developer fails to pay the Municipal 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 water distribution system shall be transferred to the Municipality once compliance with Section 6.6 of Schedule “C” has been satisfied by the Developer. All costs associated with repair and maintenance of the water distribution system during the Maintenance Period shall be changed back to the Developer and the Developer shall pay all such amounts to the Municipality forthwith upon receiving the associated invoices.

Maintenance of Works. The Developer will be responsible for the repair and maintenance of all the Works until Subdivision services for a Certificate period of Final Acceptance is issued by the Municipality for the Works. This maintenance period shall extend for two (2) years from the date of the Certificate of Preliminary Substantial Completion and Acceptance has been issued for all Stages or until such time as 70% of the Works (lots in the “Maintenance Period”)particular phase of the subdivision have occupied dwellings erected thereon, whichever is the greater. For clarity, the costs paid by the Developer for the Works This shall include but not be limited to all hydro costs for the street lights. During called the Maintenance Period. If, a 10% security holdback shall be retained by the Municipality in accordance with the provisions of Section 9.3 (e) of this Agreement. If during this period, the Developer fails to carry out maintenance work within seventy-two (72) 24 hours after receipt of the a request from the MunicipalityTown, then the General Manager of Infrastructure and Development Town may, without further notice, undertake such maintenance work and the total costs cost of such work, including engineering fees, 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 pay reimburse the Municipal Town held deposit within thirty (30) days of the date of billing, then no further approvals or release of monies shall occur. During the money owing may Maintenance Period, Ten Percent (10%) of the estimated cost of the Works in each accumulative Phase as per Schedule “D” shall be deducted from retained by the Deposited SecuritiesTown in cash or security. Towards the end of the Maintenance Period, the Developer shall make a written request to the Municipality Town for a final inspection to be made in respect to and, notwithstanding the issuance of the Certificate of Final Acceptance. Notwithstanding the provisions period noted above, operational responsibility for the water distribution system shall be transferred to the Municipality once compliance with Section 6.6 of Schedule “C” has been satisfied by the Developer. All costs associated with repair and maintenance of the water distribution system during the Maintenance Period shall be changed back to will continue for a minimum of the Developer and original two (2) year or for thirty (30) days after the Developer shall pay all such amounts to receipt of the Municipality forthwith upon receiving Developer's written request for a final inspection, whichever period of time is the associated invoicesgreater.

Maintenance of Works. The Developer will be responsible for the repair and maintenance of all the Works until Subdivision services for a Certificate period of Final Acceptance is issued by the Municipality for the Works. This maintenance period shall extend for two (2) years from the date of the Certificate of Preliminary Substantial Completion and Acceptance has been issued for all Stages or until such time as 50% of the Works (lots in the “Maintenance Period”)subdivision or any stage of the subdivision have occupied dwellings erected thereon, whichever period is the greater length of time. For clarity, the costs paid by the Developer for the Works This shall include but not be limited to all hydro costs for the street lights. During called the Maintenance Period. If, a 10% security holdback shall be retained by the Municipality in accordance with the provisions of Section 9.3 (e) of this Agreement. If during this period, the Developer fails to carry out maintenance work within seventy-two (72) 24 hours after receipt of the a request from the MunicipalityTownship, then the General Manager of Infrastructure and Development Township may, without further notice, undertake such maintenance work and the total costs cost of such work, including engineering fees, work shall be borne by the Developer. If the Developer fails to pay the Municipal Township within thirty (30) days of the date of billing, then the money owing may be deducted from the Deposited Securitiescash deposit or letter of credit. During the Maintenance Period, Ten Percent (10%) of the estimated cost of the Works in cash or the Ten Percent (10%) letter of credit made with respect to the said services shall be retained by the Township. Towards the end of the Maintenance Period, the Developer shall make a written request to the Municipality Township for a final inspection to be made in respect to and, notwithstanding the issuance of the Certificate of Final Acceptance. Notwithstanding the provisions two-year period noted above, operational responsibility for the water distribution system shall be transferred to the Municipality once compliance with Section 6.6 of Schedule “C” has been satisfied by the Developer. All costs associated with repair and maintenance of the water distribution system during the Maintenance Period shall be changed back to will continue for the Developer and original one (1) year or for thirty (30) days after the Developer shall pay all such amounts to receipt of the Municipality forthwith upon receiving Developer's written request for a final inspection, whichever period of time is the associated invoicesgreater.

Maintenance of Works. The Developer will be responsible for the repair and maintenance of all the Works until Subdivision services for a Certificate period of Final Acceptance is issued by the Municipality for the Works. This maintenance period shall extend for two (2) years from the date of the Certificate of Preliminary Substantial Completion and Acceptance has been issued for all Stages or until such time 70% of the Works (lots in the “Maintenance Period”)particular phase have occupied dwellings erected thereon, whichever is the greater. For clarity, the costs paid by the Developer for the Works This shall include but not be limited to all hydro costs for the street lights. During called the Maintenance Period. If, a 10% security holdback shall be retained by the Municipality in accordance with the provisions of Section 9.3 (e) of this Agreement. If during this period, the Developer fails to carry out maintenance work within seventy-two (72) 24 hours after receipt of the a request from the MunicipalityTown, then the General Manager of Infrastructure and Development Town may, without further notice, undertake such maintenance work and the total costs cost of such work, including engineering fees, 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 pay reimburse the Municipal Town held deposit within thirty (30) days of the date of billing, then no further approvals or release of monies shall occur. During the money owing 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 as the case may be deducted from the Deposited Securitiesbe. Towards the end of the Maintenance Period, the Developer shall make a written request to the Municipality Town for a final inspection to be made in respect to and, notwithstanding the issuance of the Certificate of Final Acceptance. Notwithstanding the provisions period noted above, operational responsibility for the water distribution system shall be transferred to the Municipality once compliance with Section 6.6 of Schedule “C” has been satisfied by the Developer. All costs associated with repair and maintenance of the water distribution system during the Maintenance Period shall be changed back to will continue for a minimum of the Developer and the Developer shall pay all such amounts to the Municipality forthwith upon receiving the associated invoices.original two (2) year or for thirty