Common use of Security for Defects Liability Clause in Contracts

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 25% of the construction costs for the particular item of Works. (b) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a) of this Schedule for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c) of this Schedule, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification Notice, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice has been complied with. The Developer undertakes the Works entirely at its own risk.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works. (b) . The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) : any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) and the Developer procures procure an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) . Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule 2 for that item of Works (or any remaining balance of it) to the Developer. (d) . Notwithstanding clause 11.3(c8.4(c) of this ScheduleSchedule 2, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied withrectified. The Council must deliver the balance of any Bond or Bank Guarantee for the Defects Liability Period to the Developer within 14 days after the Defects Liability Period has ended. The Developer undertakes the Works entirely at its own risk.. Prior to the commencement of the construction of any of the Works, the Developer must ensure the Builder effects and the Developer must produce evidence to the Council of the following insurances issued by an insurer approved by the Council (acting reasonably) in a form approved by the Council (acting reasonably): construction works insurance for the value of the Works; public risk insurance for at least $20 million;

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works. (b) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a6.5(a) of this Schedule 2 for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c6.4(d) of this ScheduleSchedule 2, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. rectified. (e) The Council must deliver the balance of any Bank Guarantee for the Defects Liability Period to the Developer undertakes within 14 days after the Works entirely at its own riskDefects Liability Period has ended.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 25% of the construction costs for the particular item of Works. (b) The Developer advises discloses and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a9.3(a) of this Schedule for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c9.2(c) of this Schedule, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification Notice, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice has been complied with. The Developer undertakes the Works entirely at its own risk.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer Applicant must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works. (b) The Developer Applicant advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer Applicant from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures Applicant procure an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule 5 for that item of Works (or any remaining balance of it) to the DeveloperApplicant. (d) Notwithstanding clause 11.3(c8.4(c) of this ScheduleSchedule 5, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. rectified. (e) The Developer undertakes Council must deliver the Works entirely at its own riskbalance of any Bond or Bank Guarantee for the Defects Liability Period to the Applicant within 14 days after the Defects Liability Period has ended.

Security for Defects Liability. (a) This clause 8.5 only applies if the Foreshore Park is to be dedicated to Council. If Council informs the Developer, in accordance with clause 7.4 of this Agreement, that dedication is not required then security for defects liability is not required and this clause 8.5 will not apply. (b) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works. (bc) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures procure an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (cd) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule 3 for that item of Works (or any remaining balance of it) to the Developer. (de) Notwithstanding clause 11.3(c8.4(c) of this ScheduleSchedule 3, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. rectified. (f) The Council must deliver the balance of any Bond or Bank Guarantee for the Defects Liability Period to the Developer undertakes within 14 days after the Works entirely at its own riskDefects Liability Period has ended.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 25% of the construction costs for the particular item of Works. (b) The Developer advises discloses and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a9.2(a)(a) of this Schedule for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c9.2(c) of this Schedule, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification Notice, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice has been complied with. The Developer undertakes the Works entirely at its own risk.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works. (b) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures procure an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule 2 for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c8.4(c) of this ScheduleSchedule 2, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. rectified. (e) The Council must deliver the balance of any Bond or Bank Guarantee for the Defects Liability Period to the Developer undertakes within 14 days after the Works entirely at its own riskDefects Liability Period has ended.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item in respect of the relevant Works Item the Developer must deliver to the Council Bonds or Bank Guarantees Security in an amount equivalent to 252.5% of the construction costs for Works Value of the particular item of Worksrelevant Works Item. (b) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees Security may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee Security provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee Security provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works Item has expired Council must (if it has not called on it) return the Bond or Bank Guarantee Security referred to in clause 11.3(a8.5(a) of this Schedule 2 for that item of the relevant Works Items (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c8.5(c) of this ScheduleSchedule 2, if during the Defects Liability and Maintenance Period for a particular item of WorksWorks Item, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees Security provided to it in respect of the relevant Works Item, until the Rectification Notice that defect has been complied with. The Developer undertakes the Works entirely at its own riskrectified.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer The Owner must deliver to Council each Defects Security: (i) at the Council Bonds or Bank Guarantees time stated in an amount equivalent to 25% clause 1.9 of the construction costs Schedule 10 for the particular item of Worksrelevant Defects Security; and (ii) in the relevant Security Amount. (b) The Developer Owner advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees Securities may be supplied by the Builder and form a part of the security held by the Developer Owner from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreementDeed; and (ii) the Developer Owner procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee Security provided by the Builder, in accordance with the terms of this agreement Deed and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Contribution Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee Security referred to in clause 11.3(a8.4(a) of this Schedule 4 for that item of Contribution Works (or any remaining balance of it) to the DeveloperOwner. (d) Notwithstanding clause 11.3(c8.4(c) of this ScheduleSchedule 4, if during the Defects Liability and Maintenance Period for a particular item of Contribution Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees Defects Security provided to it in respect of that item of Contribution Works until the Rectification Notice that defect has been complied with. rectified. (e) The Developer undertakes Council must deliver the Works entirely at its own riskbalance of any Defects Security to the Owner in accordance with Schedule 10.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works. (b) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreementAgreement; and (ii) the Developer procures procure an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement Agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule 5 for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c8.5(c) of this ScheduleSchedule 5, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. rectified. (e) The Council must deliver the balance of any Bond or Bank Guarantee for the Defects Liability Period to the Developer undertakes within 14 days after the Works entirely at its own riskDefects Liability Period has ended.

Security for Defects Liability. (a) Prior to the issue completion of a Certificate of Practical Completion for each item of the any Works the Developer must deliver to the Council Bonds or Bank Guarantees in an the amount equivalent to 25% of the construction costs for the particular item of Works$80,000. (b) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures procure an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule 2 for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c8.4(c) of this ScheduleSchedule 2, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. rectified. (e) The Council must deliver the balance of any Bond or Bank Guarantee for the Defects Liability Period to the Developer undertakes within 14 days after the Works entirely at its own riskDefects Liability Period has ended.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer Landowner must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 25% of the construction costs for the particular item of Works. (b) The Developer advises Landowner discloses and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer Landowner from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer Landowner procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a10.3(a) of this Schedule for that item of Works (or any remaining balance of it) to the DeveloperLandowner. (d) Notwithstanding clause 11.3(c10.2(c) of this Schedule, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification Notice, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice has been complied with. The Developer Landowner undertakes the Works entirely at its own risk.

Security for Defects Liability. (a) Prior to the issue of a Certificate any Certificates of Practical Completion for each item of the Works Affordable Housing Units the Developer Landowner must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of WorksAffordable Housing Units. (b) The Developer Landowner advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer Landowner from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer Landowner procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works the Affordable Housing Units has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a10.5(a) of this Schedule 2 for that item of Works (or any remaining balance of it) to the Developerrelevant Landowner. (d) Notwithstanding clause 11.3(c10.5(c) of this ScheduleSchedule 2, if during the Defects Liability and Maintenance Period for a particular item of Worksthe Affordable Housing Units, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied withrectified. (e) The Council must deliver the balance of any Bond or Bank Guarantee for the Defects Liability Period to the Landowner within 14 days after the Defects Liability Period has ended. The Developer Landowner undertakes the Works entirely at its own risk.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works, as certified by a Quantity Surveyor. (b) The Developer advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreement; and (ii) the Developer procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule for that item of Works (or any remaining balance of it) to the Developer. (d) Notwithstanding clause 11.3(c8.5(c) of this Schedule, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. The Developer undertakes the Works entirely at its own riskrectified.

Security for Defects Liability. (a) Prior to the issue of a Certificate of Practical Completion for each item of the Works the Developer Landowner must deliver to the Council Bonds or Bank Guarantees in an amount equivalent to 252.5% of the construction costs for the particular item of Works. (b) The Developer Landowner advises and the Council acknowledges its awareness that the Bonds or Bank Guarantees may be supplied by the Builder and form a part of the security held by the Developer Landowner from the Builder under the terms of the Construction Contract, provided that: (i) any Bond or Bank Guarantee provided by the Builder benefits the Council and satisfies the requirements of this agreementAgreement; and (ii) the Developer Landowner procures an agreement from the Builder that the Council will be entitled to call on any Bond or Bank Guarantee provided by the Builder, in accordance with the terms of this agreement Agreement and the terms of any Construction Contract. (c) Within 10 Business Days after the Defects Liability and Maintenance Period for a particular item of Works has expired Council must (if it has not called on it) return the Bond or Bank Guarantee referred to in clause 11.3(a8.5(a) of this Schedule for that item of Works (or any remaining balance of it) to the DeveloperLandowner. (d) Notwithstanding clause 11.3(c8.5(c) of this Schedule, if during the Defects Liability and Maintenance Period for a particular item of Works, the Council issues a Rectification NoticeNotice and the Rectification Notice is not complied with, then the Council need not deliver the balance of any Bonds or Bank Guarantees provided to it until the Rectification Notice that defect has been complied with. The Developer undertakes the Works entirely at its own riskrectified.