Common use of Progress of Works Clause in Contracts

Progress of Works. After the completion of the Underground Services, the Developer or his Engineer shall complete the Declaration of Progress and Completion and, from that date, the said Declaration shall apply and take precedence over Item 16. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Town, and if he fails to do so, or having commenced to install the aforesaid Works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Town, then, upon the Town giving seven (7) days written notice by prepaid registered mail to the Developer, the Town may, without further notice, enter upon the said lands and proceed to supply all materials and to do all the necessary works in connection with the installation of the said works, including the repair or reconstruction of the faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof, together with the cost of engineering, to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Town within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letter of Credit. In the event that the Town must enter upon said lands and have the works completed or repaired due to situations as outlined above, any or all original drawings and specifications prepared by the Developer's engineer must be turned over to the Town for its use should it require same. It is understood and agreed between the parties hereto that such entry upon the lands shall be as agent for the Developer and shall not be deemed, for any purpose whatsoever, as an acceptance or assumption of the said works by the Town. The Town, in addition to all other remedies it may have, may refuse to issue building permits until such works are completely installed in accordance with the requirements of the Town. It is agreed that a copy of this Clause shall be delivered by the Developer to each and every builder who is or will seek to obtain a building permit for any lot or part of a lot on the said plan.

Progress of Works. After the completion of the Underground Services, the Developer or his Engineer shall complete the Declaration of Progress and Completion and, from that date, the said Declaration shall apply and take precedence over Item 16. Prior to signing the Declaration of Progress and Completion, the The Developer shall install all works Works in a timely manner, in accordance with the requirements of Schedule of Works or as directed by “C” and Schedule “D” and more generally in conformance with this Agreement. If the Town, and if he Developer fails to do so, or having commenced to install the aforesaid Works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works Works are not being installed in the manner required by the TownMunicipality, then, then upon the Town Municipality giving seven (7) days written notice by prepaid registered mail to the Developer, the Town Municipality may, without further notice, enter upon the said lands Lands and proceed to supply all materials and to do all the necessary works Works in connection with the installation of the said worksWorks, including the repair or reconstruction of the faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof, thereof together with an engineering fee of ten percent (10%) of the cost of engineering, such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Town Municipality within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit deposit, letters of credit, or Letter of Creditother securities. In It is understood in the event that the Town Municipality must enter upon said lands Lands and have all or part of the works Works completed or repaired due to situations as outlined above, above any or all original drawings mylars and specifications prepared by the Developer's engineer ’s Engineer must be turned over to the Town General Manager of Infrastructure and Development for its his use should it he require same. It is understood and agreed between the parties hereto that such entry upon the lands Lands shall be as agent for the Developer and shall not be deemed, deemed for any purpose whatsoever, as an acceptance or assumption of the said works Works by the TownMunicipality. The TownMunicipality, in addition to all other remedies it may have, may refuse to issue building permits until such works Works are completely installed in accordance with the requirements of the TownMunicipality and this Agreement. It is agreed that a copy Without limiting the obligations of the Developer herein, if the Developer shall default on the performance of any term, covenant or provision of this Clause Agreement and if such default shall continue for ten (10) days after the Developer receives written notice of such default by the Municipality (or such shorter time as may be required in the cases of an emergency or other urgent matters or as otherwise provided for herein), the Municipality may perform that obligation on the Developer's behalf and may enter onto the Lands for this purpose. If the Municipality is compelled or elects to incur any expense in connection with its performance of the Developer's obligations (including but not limited to any engineering or legal fees incurred in connection with such actions), any reasonable costs so incurred by the Municipality, together with all interest thereon and any damages incurred, shall be delivered payable to the Developer and shall be collectible by the Municipality in like manner as municipal taxes. The Developer also acknowledges and agrees that the Municipality has the right to each and every builder who is draw down any Letters of Credit, cash or will seek to obtain a building permit other security for the purpose of collecting any lot or part of a lot on such expenses incurred by the said planMunicipality.

Progress of Works. After the completion of the Underground Services, the Developer or his Engineer shall complete the Declaration of Progress and Completion and, from that date, the said Declaration shall apply and take precedence over Item 16. Prior to signing the Declaration of Progress and Completion, the The Developer shall install all works Works in a timely manner, in accordance with the requirements of Schedule of Works or as directed by the Town, “C” and if this Agreement. If he fails to do so, or having commenced to install the aforesaid Works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works Works are not being installed in the manner required by the Town, then, then upon the Town giving seven (7) days written notice by prepaid registered mail to the Developer, the Town may, without further notice, enter upon the said lands and proceed to supply all materials and to do all the necessary works Works in connection with the installation of the said worksWorks, including the repair or reconstruction of the faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof, thereof together with an engineering fee of ten percent (10%) of the cost of engineering, such materials and Works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Town within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit deposit, letters of credit, or Letter of Creditother securities. In It is understood in the event that the Town must enter upon said lands and have the works Works completed or repaired due to situations as outlined above, above any or all original drawings mylars and specifications prepared by the Developer's engineer ’s Engineer must be turned over to the Town Town’s Engineer for its his use should it he require same. It is understood and agreed between the parties hereto that such entry upon the lands shall be as agent for the Developer and shall not be deemed, deemed for any purpose whatsoever, as an acceptance or assumption of the said works Works by the Town. The Town, in addition to all other remedies it may have, may refuse to issue building permits until such works Works are completely installed in accordance with the requirements of the Town. It is agreed that a copy Without limiting the obligations of the Developer herein, if the Developer shall default on the performance of any term, covenant or provision of this Clause Agreement and if such default shall continue for ten (10) days after the Developer receives written notice of such default by the Town (or such shorter time as may be required in the cases of an emergency or other urgent matters or as otherwise provided for herein), the Town may perform that obligation on the Developer's behalf and may enter onto the lands constituting the Plan for this purpose. If the Town is compelled or elects to incur any expense in connection with its performance of the Developer's obligations (including any engineering or legal fees incurred in connection with such actions), any reasonable costs so incurred by the Town, together with all interest thereon and any damages incurred, shall be delivered payable to the Developer and shall be collectible by the Town in like manner as municipal taxes. The Developer also acknowledges and agrees that the Town has the right to each and every builder who is draw down any Letters of Credit, cash or will seek to obtain a building permit other security for the purpose of collecting any lot or part of a lot on such expenses incurred by the said planTown.

Progress of Works. After the completion of the Underground Services, the Developer or his Engineer shall complete the Declaration of Progress and Completion and, from that date, the said Declaration shall apply and take precedence over Item 16. Prior to signing the Declaration of Progress and Completion, the The Developer shall install all works Works in a timely manner, in accordance with the requirements of Schedule of Works or as directed by “C” and Schedule “D” and more generally in conformance with this Agreement. If the Town, and if he Developer fails to do so, or having commenced to install the aforesaid Works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works Works are not being installed in the manner required by the TownMunicipality, then, then upon the Town Municipality giving seven (7) days written notice by prepaid registered mail to the Developer, the Town Municipality may, without further notice, enter upon the said lands Lands and proceed to supply all materials and to do all the necessary works Works in connection with the installation of the said worksWorks, including the repair or reconstruction of the faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof, thereof together with an engineering fee of ten percent (10%) of the cost of engineering, such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Town Municipality within thirty (30) days of the date on the billxxxx, the money owing may be deducted from the cash deposit deposit, letters of credit, or Letter of Creditother securities. In It is understood in the event that the Town Municipality must enter upon said lands Lands and have all or part of the works Works completed or repaired due to situations as outlined above, above any or all original drawings mylars and specifications prepared by the Developer's engineer ’s Engineer must be turned over to the Town Director of Infrastructure and Development for its his use should it he require same. It is understood and agreed between the parties hereto that such entry upon the lands Lands shall be as agent for the Developer and shall not be deemed, deemed for any purpose whatsoever, as an acceptance or assumption of the said works Works by the TownMunicipality. The TownMunicipality, in addition to all other remedies it may have, may refuse to issue building permits until such works Works are completely installed in accordance with the requirements of the TownMunicipality and this Agreement. It is agreed that a copy Without limiting the obligations of the Developer herein, if the Developer shall default on the performance of any term, covenant or provision of this Clause Agreement and if such default shall continue for ten (10) days after the Developer receives written notice of such default by the Municipality (or such shorter time as may be required in the cases of an emergency or other urgent matters or as otherwise provided for herein), the Municipality may perform that obligation on the Developer's behalf and may enter onto the Lands for this purpose. If the Municipality is compelled or elects to incur any expense in connection with its performance of the Developer's obligations (including but not limited to any engineering or legal fees incurred in connection with such actions), any reasonable costs so incurred by the Municipality, together with all interest thereon and any damages incurred, shall be delivered payable to the Developer and shall be collectible by the Municipality in like manner as municipal taxes. The Developer also acknowledges and agrees that the Municipality has the right to each and every builder who is draw down any Letters of Credit, cash or will seek to obtain a building permit other security for the purpose of collecting any lot or part of a lot on such expenses incurred by the said planMunicipality.

Progress of Works. After the completion of the Underground Services, the Developer or his Engineer shall complete the Declaration of Progress and Completion and, from that date, the said Declaration shall apply and take precedence over Item 16. Prior to signing the Declaration of Progress and Completion, the The Developer shall install all works Works in a timely manner, in accordance with the requirements of Schedule of Works or as directed by the Town, “C” and if he this Agreement. If it fails to do so, or having commenced to install the aforesaid Works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works Works are not being installed in the manner required by the TownMunicipality, then, then upon the Town Municipality giving seven (7) days written notice by prepaid registered mail to the Developer, the Town Municipality may, without further notice, enter upon the said lands and proceed to supply all materials and to do all the necessary works Works in connection with the installation of the said worksWorks, including the repair or reconstruction of the faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof, thereof together with an engineering fee of ten percent (10%) of the cost of engineering, such materials and Works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Town Municipality within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit deposit, letters of credit, or Letter of Creditother securities. In It is understood in the event that the Town Municipality must enter upon said lands and have the works Works completed or repaired due to situations as outlined above, above any or all original drawings and specifications prepared by the Developer's engineer ’s Engineer must be turned over to the Town Municipality’s Engineer for its use should it he require same. It is understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Developer and shall not be deemed, deemed for any purpose whatsoever, as an acceptance or assumption of the said works Works by the TownMunicipality. The TownMunicipality, in addition to all other remedies it may haveremedies, may refuse to issue building permits until such works the Works are completely installed in accordance with the requirements of the TownMunicipality. It is agreed that a copy Without limiting the obligations of the Developer herein, if the Developer defaults on the performance of any term, covenant or provision of this Clause Agreement, and if such default continues for ten (10) days after the Developer receives written notice of such default by the Municipality (or such shorter time as may be required in the cases of an emergency or other urgent matters or as otherwise provided for herein), the Municipality may perform that obligation on the Developer's behalf and may enter upon the Lands for this purpose. If the Municipality is compelled or elects to incur any expense in connection with its performance of the Developer's obligations (including any engineering or legal fees incurred in connection with such actions), any reasonable costs so incurred by the Municipality, together with all interest thereon and any damages incurred, shall be delivered payable to the Developer and shall be collectible by the Municipality in like manner as municipal taxes. The Developer also acknowledges and agrees that the Municipality has the right to each and every builder who is draw down any Letters of Credit, cash or will seek to obtain a building permit other security for the purpose of collecting any lot or part of a lot on such expenses incurred by the said planMunicipality.

Progress of Works. After the completion of the Underground Services, the Developer or his Engineer shall complete the Declaration of Progress and Completion and, from that date, the said Declaration shall apply and take precedence over Item 16. Prior to signing the Declaration of Progress and Completion, the The Developer shall install all works Works in a timely manner, in accordance with the requirements of Schedule of Works or as directed by the Town, “C” and if this Agreement. If he fails to do so, or having commenced to install the aforesaid Works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works Works are not being installed in the manner required by the TownMunicipality, then, then upon the Town Municipality giving seven (7) days written notice by prepaid registered mail to the Developer, the Town Municipality may, without further notice, enter upon the said lands and proceed to supply all materials and to do all the necessary works Works in connection with the installation of the said worksWorks, including the repair or reconstruction of the faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof, thereof together with an engineering fee of ten percent (10%) of the cost of engineering, such materials and Works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Town Municipality within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit deposit, letters of credit, or Letter of Creditother securities. In It is understood in the event that the Town Municipality must enter upon said lands and have the works Works completed or repaired due to situations as outlined above, above any or all original drawings mylars and specifications prepared by the Developer's engineer ’s Engineer must be turned over to the Town Municipality’s Engineer for its his use should it he require same. It is understood and agreed between the parties hereto that such entry upon the lands shall be as agent for the Developer and shall not be deemed, deemed for any purpose whatsoever, as an acceptance or assumption of the said works Works by the TownMunicipality. The TownMunicipality, in addition to all other remedies it may have, may refuse to issue building permits until such works Works are completely installed in accordance with the requirements of the TownMunicipality. It is agreed that a copy Without limiting the obligations of the Developer herein, if the Developer shall default on the performance of any term, covenant or provision of this Clause Agreement and if such default shall continue for ten (10) days after the Developer receives written notice of such default by the Municipality (or such shorter time as may be required in the cases of an emergency or other urgent matters or as otherwise provided for herein), the Municipality may perform that obligation on the Developer's behalf and may enter onto the lands constituting the Plan for this purpose. If the Municipality is compelled or elects to incur any expense in connection with its performance of the Developer's obligations (including any engineering or legal fees incurred in connection with such actions), any reasonable costs so incurred by the Municipality, together with all interest thereon and any damages incurred, shall be delivered payable by the Developer and shall be collectible by the Municipality in like manner as municipal taxes. The Developer also acknowledges and agrees that the Municipality has the right to each and every builder who is draw down any Letters of Credit, cash or will seek to obtain a building permit other security for the purpose of collecting any lot or part of a lot on such expenses incurred by the said planMunicipality.

Progress of Works. After the completion of the Underground Services, the Developer or his Engineer shall complete the Declaration of Progress and Completion and, from that date, the said Declaration shall apply and take precedence over Item 16. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the TownTownship, and if he fails to do so, or having commenced to install the aforesaid Works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the TownTownship, then, upon the Town Township giving seven (7) days written notice by prepaid registered mail to the Developer, the Town Township may, without further notice, enter upon the said lands and proceed to supply all materials and to do all the necessary works in connection with the installation of the said works, including the repair or reconstruction of the faulty work and the replacement of materials not in accordance with the specifications, and to charge the cost thereof, together with the cost of engineering, to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Town Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letter of Credit. In the event that the Town Township must enter upon said lands and have the works completed or repaired due to situations as outlined above, any or all original drawings mylars, linens, and specifications prepared by the Developer's engineer must be turned over to the Town Township for its use should it require same. It is understood and agreed between the parties hereto that such entry upon the lands shall be as agent for the Developer and shall not be deemed, for any purpose whatsoever, as an acceptance or assumption of the said works by the TownTownship. The TownTownship, in addition to all other remedies it may have, may refuse to issue building permits until such works are completely installed in accordance with the requirements of the TownTownship. It is agreed that a copy of this Clause shall be delivered by the Developer to each and every builder who is or will seek to obtain obtaining a building permit for any lot or part of a lot on the said plan.