Security for Defects Liability Period Sample Clauses

Security for Defects Liability Period. Until the expiry of the relevant Defects Liability Period, the City may retain from the Guarantee an amount equal to 10% of the Attributed Value of the Developer’s Works as security for the Developer’s performance of its obligations under this clause 8. The Developer must make any necessary arrangements to allow the provision of the Guarantee for the Defects Liability Period in accordance with this clause.
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Security for Defects Liability Period. Until the expiration of the Defects Liability Period, the Council may retain from the Guarantee provided in connection with the Relevant Works an amount equal to 10% of that Guarantee as security for the performance by the Land Owner of its obligations under this clause 11 and the Land Owner must make any necessary arrangements to allow that to occur.
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Security for Defects Liability Period. Until the expiry of the Defects Liability Period, the City may retain from the Guarantee an amount equal to 10% of the Attributed Value of the Footpath Works as security for the Developer’s performance of its obligations under this clause 10. The Developer must make any necessary arrangements to allow the provision of the Guarantee for the Defects Liability Period in accordance with this clause.
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Security for Defects Liability Period. Until the expiry of the relevant Defects Liability Period, Council may retain from the Guarantee an amount equal to 10% of the Attributed Value of the Developer’s Works as security for the Developer’s performance of its obligations under this clause 8. The Developer must make any necessary arrangements to allow the provision of the Guarantee for the Defects Liability Period in accordance with this clause. Defect in the Public Benefits If: the Developer is in breach of clause 4.3of this Planning Agreement; or Council notifies the Developer of a Defect in the Public Benefits within the Defects Liability Period, then, following written notice from Council, the Developer must promptly correct or replace (at the Developer’s expense) the defective elements of the Public Benefits. If the Developer is unable or unwilling to comply with clause 8.2(a), or fails to rectify the Defect within three months of receiving notice from Council under clause 8.2(a), Council may: rectify the Defect itself; make a claim on the Guarantee in accordance with clause 10 for the reasonable costs of Council in rectifying the Defect; and to the extent the costs incurred to rectify the Defect exceeds the Guarantee, recover the reasonable costs from the Developer as a debt due and owing to Council. If Council requires access to the Land to rectify any Defect, the Developer grants Council and its contractors a licence for such period as is necessary for Council and its contractors to access the Land to carry out, or procure the carrying out, of the rectification works. REGISTRATION Registration of this Planning Agreement The Owner: consents to the registration of this Planning Agreement at the NSW Land Registry Services on the certificate of title/s to the Land; warrants that it has obtained all consents to the registration of this Planning Agreement on the certificate of title/s to the Land; and must within 10 Business Days of a written request from Council do all things necessary to allow Council to register this Planning Agreement on the certificate of title/s to the Land, including but not limited to: producing any documents or letters of consent required by the Registrar-General of the NSW Land Registry Services; providing the production slip number when the Owner produces the certificate of title/s to the Land at the NSW Land Registry Services; and providing Council with a cheque for registration fees payable in relation to registration of this Planning Agreement at NSW Land Registry...
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Related to Security for Defects Liability Period

  • Defects Liability Period (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specified below:

  • Extension of Defects Liability Period The Defects Liability Period shall be deemed to be extended till the identified Defects under Clause 17.2 have been remedied or rectified.

  • Defect Liability Period The defect liability period (if any) shall be as per Special Conditions of Contract of Part-B.

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”).

  • Liability for defects Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.

  • Maximum Liability The provisions of this Loan Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Loan Guarantor under this Loan Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Loan Guarantor’s liability under this Loan Guaranty, then, notwithstanding any other provision of this Loan Guaranty to the contrary, the amount of such liability shall, without any further action by the Loan Guarantors or the Lenders, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Loan Guarantor’s “Maximum Liability”. This Section with respect to the Maximum Liability of each Loan Guarantor is intended solely to preserve the rights of the Lenders to the maximum extent not subject to avoidance under applicable law, and no Loan Guarantor nor any other person or entity shall have any right or claim under this Section with respect to such Maximum Liability, except to the extent necessary so that the obligations of any Loan Guarantor hereunder shall not be rendered voidable under applicable law. Each Loan Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of each Loan Guarantor without impairing this Loan Guaranty or affecting the rights and remedies of the Lenders hereunder, provided that, nothing in this sentence shall be construed to increase any Loan Guarantor’s obligations hereunder beyond its Maximum Liability.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Assignment Liability Indemnity Force Majeure Consequential Damages and Default Notwithstanding any other provision of this Agreement, the liability, indemnification and insurance provisions of the Transmission Operating Agreement (“TOA”) or other applicable operating agreements shall apply to the relationship between the System Operator and the Interconnection Transmission Owner and the liability, indemnification and insurance provisions of the Tariff apply to the relationship between the System Operator and the Interconnection Customer and between the Interconnecting Transmission Owner and the Interconnection Customer.

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