Common use of Rectification of Defects Clause in Contracts

Rectification of Defects. 16.1 During the Defects Liability Period the Council may give to the Developer a Defects Notice in relation to the Footpath Works specifying: 16.1.1 the Footpath Works requiring rectification, 16.1.2 the action required to be undertaken by the Developer to rectify those Footpath Works, and 16.1.3 the date on which those Footpath Works are to be rectified. 16.2 A Defects Notice must contain the following information: (a) the nature and extent of the Defect; (b) the work Council requires the Developer to carry out in order to rectify the Defect; and (c) the time within which the Defect must be rectified (which must be a reasonable time and not less than 10 Business Days). 16.3 The Developer must comply with a Defects Notice at its own cost according to the terms of the Notice. 16.4 The parties agree that Transport for NSW will be responsible for issuing defects notices in relation to the Offsite Roadworks and the Developer will comply with Transport for NSW’s lawful requirements in relation to defects. 16.5 When the Developer considers that rectification is complete, the Developer may give to the Council a Defects Certificate relating to the Footpath Works the subject of the relevant Defects Notice. 16.6 A Defects Certificate discharges the Developer from any further obligation to comply with the relevant Defects Notice. 16.7 If the Developer does not comply with a Defects Notice and a Dispute Notice has not been issued, the Council may do all such things as are necessary to rectify the defect and may: 16.6.1 call upon the Security to meet its costs in rectifying the defect, and 16.6.2 recover, as a debt due in a court of competent jurisdiction, any difference between the amount of the Security and the costs incurred by the Council in rectifying the defect.

Rectification of Defects. 16.1 During 8.1 Without limiting the Council’s rights generally in respect of Defects during the whole of the Defect Liability Period Period, the Council may give the Developer one Rectification Notice during the first 6 months of the Defect Liability Period. 8.2 The Developer shall upon receipt of a Rectification Notice, remedy any Defect in the Commercial Strata Lots and Fit-out Works within the time period specified in the notice. 8.3 The Developer, at its own cost, is to comply with a Rectification Notice according to its terms and to the Developer a Defects Notice in relation to reasonable satisfaction of the Footpath Works specifying:Council. 16.1.1 the Footpath Works requiring rectification, 16.1.2 the action required to be undertaken by 8.4 The Council must give the Developer to rectify those Footpath Works, and 16.1.3 the date on which those Footpath Works are to be rectified. 16.2 A Defects Notice must contain the following information: (a) the nature and extent of the Defect; (b) the work Council requires the Developer its contractors any access necessary to carry out in order to rectify the Defect; and (c) the time within which the Defect must be rectified (which must be a reasonable time and not less than 10 Business Days)rectification works. 16.3 The Developer must comply with a Defects Notice at its own cost according to the terms of the Notice. 16.4 The parties agree that Transport for NSW will be responsible for issuing defects notices in relation to the Offsite Roadworks and the Developer will comply with Transport for NSW’s lawful requirements in relation to defects. 16.5 8.5 When the Developer considers that the rectification is works are complete, the Developer may give to must notify Council and provide all appropriate documentation including invoices which evidence the rectification works were carried out. 8.6 Provided the Council acting reasonably is satisfied that the rectification works referred to in the Rectification Notice have been carried out in a Defects Certificate relating to proper an workmanlike manner and in accordance with the Footpath Works Development Consent and all relevant approvals then the subject Council must notify the Developer in writing as soon as practicable that it is satisfied or if not satisfied it must issue a further Rectification Notice. General Manager Mayor EXECUTED by LINDSAY BENNELONG DEVELOPMENTS PTY LTD (ACN 000 000 000) In accordance with section 127 of the relevant Defects Notice. 16.6 A Defects Certificate discharges the Developer from any further obligation to comply Corporations Xxx 0000 Director Secretary EXECUTED by BONDI LAND PTY LIMITED (ACN 615 618 203) In accordance with the relevant Defects Notice. 16.7 If the Developer does not comply with a Defects Notice and a Dispute Notice has not been issued, the Council may do all such things as are necessary to rectify the defect and may: 16.6.1 call upon the Security to meet its costs in rectifying the defect, and 16.6.2 recover, as a debt due in a court of competent jurisdiction, any difference between the amount section 127 of the Security Corporations Xxx 0000 Director Secretary 10 20 30 40 50 60 70 80 90 300mm at A1 This drawing should be read in conjunction with all relevant contracts, specifications and the costs incurred by the Council drawings. Dimensions are in rectifying the defect.millimetres. Levels are metres. Do not scale off drawings. Use figured dimensions only. Check dimensions on Site. Report discrepancies immediately. 5 13/05/19 COMMERCIAL 2 AREA ADJUSTED ARH 4 03/04/19 LEVEL 1 CONCEPT REVISED ARH 3 29/03/19 LEVEL 1 CONCEPT REVISED ARH 2 26/03/19 LEVEL 1 FITOUT UPDATED ARH 1 25/03/19 LEVEL 1 FIOUT OPTION ISSUED FOR COMMENT ARH COMMERCIAL 1 COMMERCIAL 164.5sqm VOID TO PLAZA BELOW COMMERCIAL

Rectification of Defects. 16.1 During the First Defects Liability Period and the Second Defects Liability Period, the Council may may, acting reasonably, give to the Developer a Defects Notice in relation to the Footpath Works specifying: 16.1.1 the Footpath Works requiring rectification, 16.1.2 the action required to be undertaken by the Developer to rectify those Footpath Works, and 16.1.3 the date on which those Footpath Works are to be rectified. 16.2 A Defects Notice must contain the following information: (a) the nature and extent of the Defect; (b) the work Council requires the Developer to carry out in order to rectify the Defect; and (c) the time within which the Defect must be rectified (which must be a reasonable time and not less than 10 Business Days). 16.3 Rectification Notice. The Developer must promptly comply with a Defects Rectification Notice at its own cost according to the terms of the Rectification Notice. 16.4 The parties agree that Transport for NSW will be responsible for issuing defects notices in relation to the Offsite Roadworks and the Developer will comply with Transport for NSW’s lawful requirements in relation to defects. 16.5 . When the Developer considers that rectification is complete, the Developer may must give to the Council a Defects Rectification Certificate relating to the Footpath Works Item of Work the subject of the relevant Rectification Notice. If the Developer does not comply with a Rectification Notice, the Council may do such things as are necessary to rectify the Defect. For the purposes of clause 19.4: 19.5.1 Council may call upon the Rectification Security or the Remaining Rectification Security to meet its costs in rectifying the Defect; and 19.5.2 if the Council incurs costs that are over and above the amount payable under the Rectification Security or the Remaining Rectification Security, Council’s additional costs will be a debt due from the Developer to Council, payable on demand. For the purpose of clause 19.5, Council’s costs include: 19.6.1 the reasonable costs of Council’s officers, personal representatives, agents and contractors reasonably incurred for that purpose; 19.6.2 all fees and charges necessarily or reasonably incurred by Council in order to have the Item of Work rectified; and 19.6.3 without limiting clause 19.6.2, all legal costs and expenses reasonably incurred by Council, by reason of the Developer’s failure to comply with its obligations under this clause 19. In the event that the Developer does not comply with a Rectification Notice, the Developer irrevocably and for valuable consideration appoints the Council as its attorney to execute all such documents and do all such things on the Developer’s behalf as are necessary or desirable to enable the Council to rectify any Defects Noticein accordance with a Rectification Notice given under this Agreement. Subject to receipt by Council of a replacement unconditional undertaking if required under 19.9, Council must promptly after the expiration of the First Defects Liability Period, return to the Developer any unused portion of the Rectification Security. If at the expiration of the First Defects Liability Period: 19.9.1 any Rectification Notice is outstanding; or 19.9.2 the Second Defect Liability Period for an Item of Work has not yet expired, Council may retain a Remaining Rectification Security in relation to the Defect of the Item(s) of Work. If Remaining Rectification Security is required under clause 19.9: 19.10.1 The Developer will provide Council with details of the costs associated with the rectification of the Defect in question and nominate the amount of the Remaining Rectification Security proposed to be provided (Proposed RRS); 19.10.2 Council, acting reasonably, may within 5 Business Days of receipt of notification of the Proposed RRS: (a) request further information from the Developer that is relevant to the determination of the Proposed RRS; (b) notify the Developer that Council consents to the Proposed RRS; or (c) notify the Developer that Council disagrees with the Proposed RRS. 16.6 19.10.3 If Council consents to the Proposed RRS under clause 19.10.2(b), the Proposed RRS is the Remaining Rectification Security for the relevant Item(s) of Work. 19.10.4 If Council disagrees with the Proposed RRS under clause 19.10.2(c), the Remaining Rectification Security for the relevant Item of Work(s) is to be determined by an independent quantity surveyor, agreed jointly between the parties or by the Institute of Quantity Surveyors, who will determine the Remaining Rectification Security for the relevant Item of Work(s). The Remaining Rectification Security must be returned to the Developer within 5 Business Days of the expiry of the Second Defect Liability Period. A Defects Rectification Certificate that resolves and meets the requirements of an outstanding Rectification Notice discharges the Developer from any further obligation to comply with the relevant Defects Rectification Notice. 16.7 If . For the sake of clarity, this clause does not prevent Council from issuing a new Rectification Notice for an Item of Work that was previously subject to a Rectification Notice, during the Second Defect Liability Period. Council must do all things reasonably necessary to enable the Developer does not to comply with a Defects Rectification Notice and a Dispute Notice that has not been issued, the Council may do all such things as are necessary to rectify the defect and may: 16.6.1 call upon the Security to meet its costs given in rectifying the defect, and 16.6.2 recover, as a debt due in a court of competent jurisdiction, any difference between the amount of the Security and the costs incurred by the Council in rectifying the defectaccordance with clause 19.