Common use of Preservation and Restoration of Property Clause in Contracts

Preservation and Restoration of Property. Subdivider shall maintain the work during construction and until final acceptance. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his manner of method of executing said work satisfactorily, or due to his non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer and Law Director.

Appears in 33 contracts

Samples: Subdivider's Agreement, Subdivider's Agreement, Subdivider's Agreement

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Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptance. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his manner of method of executing said work satisfactorily, or due to his non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and reasonably acceptable to the City Engineer and Law Director.

Appears in 5 contracts

Samples: Developer's Agreement, Agreement, Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptance. acceptance by the City as per the schedule set forth in the attached Exhibit B. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 2 contracts

Samples: Developer's Agreement, Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance by the City. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 2 contracts

Samples: Developer's Agreement, Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance by the City. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Developer’s Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 2 contracts

Samples: Developer's Agreement, Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance by the City. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-non- execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 2 contracts

Samples: Developer's Agreement, Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance by the City. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution nonexecution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 2 contracts

Samples: Developer's Agreement, Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance by the City. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution non•execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 2 contracts

Samples: Developer's Agreement, Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance of improvements by the City and final occupancy of all residential structures. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 1 contract

Samples: Developer's Agreement

Preservation and Restoration of Property. Subdivider shall maintain the work during construction and until final acceptance. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his its manner of method of executing said work satisfactorily, or due to his its non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractor, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer and Law Director.

Appears in 1 contract

Samples: Subdivider's Agreement

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Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance by the City. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution non•execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Developer’s Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 1 contract

Samples: Developer's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptanceacceptance of improvements by the City and final occupancy of all residential structures. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his Developer's manner of method of executing said work satisfactorily, or due to his Developer's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution non•execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 1 contract

Samples: Developer's Agreement

Preservation and Restoration of Property. Subdivider District shall maintain the work during construction and until final acceptanceacceptance by the City. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the affected roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider District shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his District's manner of method of executing said work satisfactorily, or due to his District's non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed completed, and acceptedaccepted by the City. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-non- execution thereof on the part of contractorDistrict, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directeddirected by the City Engineer or Service Director, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer Engineer, Service Director and City Law Director.

Appears in 1 contract

Samples: Developer's Agreement

Preservation and Restoration of Property. Subdivider shall maintain the work during construction and until final acceptance. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his manner of method of executing said work satisfactorily, or due to his non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractor, he Subdivider shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer and Law Director.

Appears in 1 contract

Samples: Subdivider's Agreement

Preservation and Restoration of Property. Subdivider Developer shall maintain the work during construction and until final acceptance. This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that the roadbeds, road surfaces and structures are kept in satisfactory condition at all times. Subdivider Developer shall be responsible for all damage or injury to property of any character, including roadbeds and road surfaces, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his manner of method of executing said work satisfactorily, or due to his non-execution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of contractorDeveloper, he it shall restore, at his its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he it shall make good such damage or injury, in an acceptable manner. In the event of any damage or injury to property as stated herein, all deposits and financial guarantees set forth in this Agreement shall be retained by the City and not released until such time as the appropriate repairs are made and acceptable to the City Engineer and Law Director.

Appears in 1 contract

Samples: Developer's Agreement

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