Common use of Defects Liability Clause in Contracts

Defects Liability. The Defects Liability Period stated in the Annexure shall commence on the Date of Practical Completion. As soon as possible after the Date of Practical Completion, the Contractor shall rectify any defects or omissions in the work under the Contract existing at Practical Completion. At any time prior to the 14th day after the expiration of the Defects Liability Period, the Superintendent may direct the Contractor to rectify any omission or defect in the work sounder the Contract existing at the Date of Practical Completion or which becomes apparent prior to the expiration of the Defects Liability Period. The direction shall identify the omission or defect and state a date by which the Contractor shall complete the work of rectification and may state a date by which the work of rectification shall commence. The direction may provide that in respect of the work of rectification there shall be a separate Defects Liability Period of a stated duration not exceeding the period stated in the Annexure. The separate Defects Liability Period shall commence on the date the Contractor completes the work of rectification. Clause 37 shall apply in respect of the work of rectification and the Defects Liability Period for that work of rectification. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract If the work of rectification is not commenced or completed by the stated dates, the Principal may have the work of rectification carried out at the Contractor’s expense, but without prejudice to any other rights that the Principal may have against the Contractor with respect to such omission or defect and the cost of the work of rectification incurred by the Principal shall be a debt due from the Contractor. If it is necessary for the Contractor to carry out work of rectification, the Contractor shall do so at times and in a manner which cause as little inconvenience to the occupants or users of the Works as is reasonably possible.

Defects Liability. The Developer will enforce the defects liability provisions in the Building Contract which shall be for the Defects Liability Period stated in the Annexure and shall commence on the Date of Practical Completion. As use all reasonable endeavours to ensure that all defects, shrinkages and other faults are made good as soon as possible to the satisfaction of DCC's Architect. In respect of any Phase, any defects, shrinkage or other faults concerning the Social Units which appear before the expiration of the Defects Liability Period for that Phase, which in the opinion of DCC’s Architect are due to materials or workmanship not in accordance with this Agreement or the Plans shall, within five (5) Working Days or such other reasonable period (as DCC’s Architect may nominate) after receipt of written instructions from DCC’s Architect, be made good by the Developer and (unless DCC’s Architect shall otherwise decide) at the cost of the Developer. DCC shall inspect each of the Social Units on or about 10 months after the Date date of Practical Completion, Completion of the Contractor relevant Phase in question and shall rectify deliver to the Developer a list of any defects or omissions snagging items disclosed by the DCC inspection. The Developer shall attend to the rectification of the matters identified in the work under snagging list as soon as practicable, both before and after the Contract existing at Practical Completionexpiration of any 12 months defects period provided for in the Construction Contract. At Notwithstanding the foregoing, DCC’s Architect may issue such written instructions from time to time during the Defects Liability Period for each Phase and in any time prior to the 14th day event shall issue a final list of defects, not later than twenty (20) working days after the expiration of the Defects Liability PeriodPeriod for each Phase. Completion of such outstanding items and remedying such defects shall be proceeded with expeditiously by the Developer and shall be finished and rectified within a reasonable time (but in any event no later than three months) after the date of receipt by the Developer of DCC’s Architect’s final list of defects, notwithstanding that the Superintendent Defects Liability Period may direct have expired. The Developer and the Construction Contractor shall each provide a separate structural defects indemnity to rectify any omission or defect DCC in respect of Social Units for a period of 12 years from the work sounder the Contract existing at the Date date of Practical Completion of each relevant Phase, in the form set out in Appendix 20.38 Without prejudice to any other right or which becomes apparent prior remedy of DCC, the Developer will diligently, from the Possession Date to the expiration end of the Defects Liability Period. The direction shall identify the omission or defect and state a date by which the Contractor shall complete the work of rectification and may state a date by which the work of rectification shall commence. The direction may provide that in respect of the work of rectification there shall be a separate Defects Liability Period of a stated duration not exceeding the period stated in the Annexure. The separate Defects Liability Period shall commence on the date the Contractor completes the work of rectification. Clause 37 shall apply in respect of the work of rectification and the Defects Liability Period for that work each Phase prosecute claims for the benefit of rectificationDCC and the Developer and seek redress for the consequences of failure on the part of the Construction Contractor, the Design Team or any Sub-Contractor to observe and perform their respective obligations under the Building Contract or any of the Design Team Appointments or any Sub-Contract, as applicable. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract If the work of rectification is not commenced or completed Payment by the stated datesDeveloper39 The Developer shall pay DCC the Developer’s Consideration as follows: 25% on the execution of this Agreement; 25% within ten (10) Working Days of the date of the grant of the Planning Permission pursuant to Clause 1; and the balance on the date which is the earlier of the eighteen month anniversary of the date on which the Developer was permitted to enter on to the Development Site for the purposes of commencing the Development or the date of Practical Completion of the second tranche of Social Units in accordance with the Developer’s Timetable and the Phasing Map; PROVIDED HOWEVER that the entire of the Developer’s Consideration shall be due and payable before the expiration of four years from the date of grant of the Planning Permission pursuant to Clause 1 above. The Developer’s Consideration shall be released to DCC on receipt of each payment and shall not be held by DCC as stakeholder pending delivery of the Transfers by DCC to the Developer in accordance with Clause 12. In the event of the termination of this Agreement due to the Developer’s default, the Principal may have the work of rectification carried out at the Contractor’s expense, but and without prejudice to any other rights that of DCC hereunder, the Principal may have against Developer’s Consideration (to the Contractor with respect to such omission or defect and the cost of the work of rectification incurred by the Principal extent it has been paid) shall be a debt due from the Contractor. If it is necessary for the Contractor forfeited to carry out work of rectification, the Contractor DCC and shall do so at times and in a manner which cause as little inconvenience not be repayable to the occupants or users of the Works as is reasonably possibleDeveloper.

Defects Liability. The Defects Liability Period will commence on the Date Of Practical Completion and will continue until expiry of the term stated in the Annexure shall commence Subcontract Particulars or issue of the Performance Certificate, whichever is later. The Subcontractor will: 1) Complete any work which is outstanding on the Date of Practical Completion. As soon , within such reasonable time as possible after is instructed by Honeywell. 2) Execute all work required to remedy Defects or damage, as may be notified by Honeywell on or before the Date expiry date of Practical Completion, the Contractor shall rectify any defects or omissions in the work under the Contract existing at Practical Completion. At any time prior to the 14th day after the expiration of the Defects Liability Period, the Superintendent may direct the Contractor to rectify any omission or defect in the work sounder the Contract existing at the Date of Practical Completion or which becomes apparent prior to the expiration of the Defects Liability Period. The direction shall identify the omission or defect and state a date by which the Contractor shall complete the work of rectification and may state a date by which the work of rectification shall commence. The direction may provide that in respect of the work of rectification there shall be a separate Defects Liability Period of a stated duration not exceeding the period stated in the Annexure. The separate Defects Liability Period shall commence on the date the Contractor completes the work of rectification. Clause 37 shall apply in respect of the work of rectification and the Defects Liability Period for the Works or portion of Works (as the case may be). All Works will be executed at the risk and cost of the Subcontractor, if and to the extent that work of rectification. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract If the work of rectification is attributable to: 1) Any design for which the Subcontractor is responsible. 2) Plant, Material or workmanship not commenced or completed being in accordance with the Subcontract. 3) Failure by the stated dates, Subcontractor to comply with any other obligation under this subcontract. If and to the Principal may have the extent that such work of rectification carried out at the Contractor’s expense, but without prejudice is attributable to any other rights cause, the Subcontractor will be notified by Honeywell, and the provisions of the Variations Section will apply. If the Subcontractor fails to comply with Honeywell’s instruction in completing the works under this this Section to the satisfaction of Honeywell’s Representative within the timings stated in Honeywell’s instruction or, in the event that no such timings are stated in the Principal instructions, the Subcontractor fails to complete the aforesaid works to the satisfaction of ▇▇▇▇▇▇▇▇▇’s Representative within a reasonable time as may be determined by Honeywell and/or Honeywell’s Representative, then, then Honeywell may: 1) have against the Contractor with respect to such omission or defect Defect rectified by others and the cost of the work of rectification thereby incurred by the Principal shall Honeywell will be a debt due from and payable by the ContractorSubcontractor to Honeywell; or 2) issue a written notice to the Subcontractor that Honeywell will accept the Defective work and claim damages. If it In such case the amount of damages will be determined by Honeywell (acting reasonably), taking into account: a. any loss or damage suffered by Honeywell as a result of the Defect (including loss or damage suffered under the Main Contract); and b. any reduction in the value of the Works. The amount of damages determined by Honeywell will be notified in writing by Honeywell to the Subcontractor and will be a debt due and payable to Honeywell by the Subcontractor. Additionally, Honeywell may deduct or set off in the Payment Response any such damages or part thereof. When all the outstanding works, Defects and damage under this Section have been made good by the Subcontractor in compliance with Honeywell’s directions or instructions, Honeywell will issue the Performance Certificate to the Subcontractor. Notwithstanding anything under this Section, Honeywell will not be obliged to issue the Performance Certificate before Honeywell is necessary issued an equivalent performance certificate under the Main Contract. Only the Performance Certificate will be deemed to constitute acceptance of the Works. After the Performance Certificate has been issued, Subcontractor will remain liable for the Contractor to carry out work fulfillment of rectificationany obligation which remains unperformed at that time. For the purpose of determining the nature and extent of unperformed obligations, the Contractor shall do so at times Subcontract will be deemed to remain in force. The issue of the Performance Certificate will not affect or prejudice any of Honeywell’s rights against the Subcontractor for defective works or for breaches of contract whether previously or subsequently discovered. For the avoidance of doubt, Honeywell’s rights and remedies in this Section will be without prejudice and in a manner which cause as little inconvenience addition to Honeywell’s other rights and remedies under the occupants Subcontract or users of the Works as is reasonably possibleat law.

Defects Liability. The Subcontractor must, as soon as reasonably practicable following the Date Of Practical Completion, rectify all Defects existing in the Works. The Defects Liability Period stated in the Annexure shall commence commences on the Date of Of Practical Completion. As soon as possible after the Date of Practical CompletionHoneywell may, the Contractor shall rectify any defects or omissions in the work under the Contract existing at Practical Completion. At any time prior to the 14th day after the expiration of during the Defects Liability Period, instruct the Superintendent may direct the Contractor Subcontractor to rectify make good any omission or defect Defect in the work sounder Works (and may prescribe a reasonable date for commencement and period for completion of the Contract existing at rectification). Unless Honeywell notifies the Date of Practical Completion or which becomes apparent prior Subcontractor in writing to the expiration of contrary, a Second Defects Liability Period will apply to any Defect rectified by the Subcontractor during the Defects Liability Period, commencing from the date that the rectification of the Defect is completed to ▇▇▇▇▇▇▇▇▇’s satisfaction. The direction shall identify the omission or defect Subcontractor must make available sufficient materials and state a date by which the Contractor shall complete the work of rectification and may state a date by which the work of rectification shall commence. The direction may provide that in respect of the work of rectification there shall be a separate Defects Liability Period of a stated duration not exceeding the period stated in the Annexure. The separate Defects Liability Period shall commence on the date the Contractor completes the work of rectification. Clause 37 shall apply in respect of the work of rectification and the Defects Liability Period for that work of rectification. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract If the work of rectification is not commenced or completed by the stated dates, the Principal may have the work of rectification carried out at the Contractor’s expense, but without prejudice to any other rights that the Principal may have against the Contractor with respect to such omission or defect and the cost of the work of rectification incurred by the Principal shall be a debt due from the Contractor. If it is necessary for the Contractor personnel to carry out work and complete promptly the rectification of rectification, the Contractor shall do so any Defect. The Subcontractor must carry out rectification at times and in a manner which cause causing as little inconvenience to the occupants or users of the Works as is reasonably possible. If the Subcontractor fails to comply with Honeywell’s instruction under this Section within the timings stated in the instruction or, where no such timings are stated, if in Honeywell’s Representative’s reasonable opinion the Subcontractor has not commenced or completed the rectification within a reasonable time, Honeywell may: 1) have the Defect rectified by others and the cost thereby incurred by Honeywell will be a debt due and payable by the Subcontractor to Honeywell; or 2) issue a written notice to the Subcontractor that Honeywell will accept the Defective work and claim damages. In such case the amount of damages will be determined by Honeywell (acting reasonably), taking into account: a. any loss or damage suffered by Honeywell as a result of the Defect (including loss or damage suffered under the Main Contract); and b. any reduction in the value of the Works. c. The amount of damages determined by Honeywell will be notified in writing by Honeywell to the Subcontractor and will be a debt due and payable to Honeywell by the Subcontractor.

Defects Liability. The Defects Liability Period will commence on the Date Of Practical Completion and will continue until expiry of the term stated in the Annexure shall commence Subcontract Particulars or issue of the Performance Certificate, whichever is later. The Subcontractor will: 1) Complete any work which is outstanding on the Date of Practical Completion. As soon , within such reasonable time as possible after is instructed by Honeywell. 2) Execute all work required to remedy Defects or damage, as may be notified by Honeywell on or before the Date expiry date of Practical Completion, the Contractor shall rectify any defects or omissions in the work under the Contract existing at Practical Completion. At any time prior to the 14th day after the expiration of the Defects Liability Period, the Superintendent may direct the Contractor to rectify any omission or defect in the work sounder the Contract existing at the Date of Practical Completion or which becomes apparent prior to the expiration of the Defects Liability Period. The direction shall identify the omission or defect and state a date by which the Contractor shall complete the work of rectification and may state a date by which the work of rectification shall commence. The direction may provide that in respect of the work of rectification there shall be a separate Defects Liability Period of a stated duration not exceeding the period stated in the Annexure. The separate Defects Liability Period shall commence on the date the Contractor completes the work of rectification. Clause 37 shall apply in respect of the work of rectification and the Defects Liability Period for the Works or portion of Works (as the case may be). All works referred to above will be executed at the risk and cost of the Subcontractor, if and to the extent that work of rectification. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract If the work of rectification is attributable to: 1) Any design for which the Subcontractor is responsible. 2) Plant, Material or workmanship not commenced or completed being in accordance with the Subcontract. 3) Failure by the stated dates, Subcontractor to comply with any other obligation under this subcontract. If and to the Principal may have the extent that such work of rectification carried out at the Contractor’s expense, but without prejudice is attributable to any other rights cause, the Subcontractor will be notified by Honeywell, and the provisions of the Variations Section will apply. If the Subcontractor fails to comply with Honeywell’s instruction in completing the works under this this Section to the satisfaction of Honeywell’s Representative within the timings stated in Honeywell’s instruction or, in the event that no such timings are stated in the Principal instructions, the Subcontractor fails to complete the aforesaid works to the satisfaction of ▇▇▇▇▇▇▇▇▇’s Representative within a reasonable time as may be determined by Honeywell and/or Honeywell’s Representative, then, then Honeywell may: 1) have against the Contractor with respect to such omission or defect Defect rectified by others and the cost of the work of rectification thereby incurred by the Principal shall Honeywell will be a debt due from and payable by the ContractorSubcontractor to Honeywell; or 2) issue a written notice to the Subcontractor that Honeywell will accept the Defective work and claim damages. If it In such case the amount of damages will be determined by Honeywell (acting reasonably), taking into account: a. any loss or damage suffered by Honeywell as a result of the Defect (including loss or damage suffered under the Main Contract); and b. any reduction in the value of the Works. The amount of damages determined by Honeywell will be notified in writing by Honeywell to the Subcontractor and will be a debt due and payable to Honeywell by the Subcontractor. Additionally, Honeywell may deduct or set off in response to the Subcontractor's payment application any such damages or part thereof. When all the outstanding works, Defects and damage under this Section have been made good by the Subcontractor in compliance with Honeywell’s directions or instructions, Honeywell will issue the Performance Certificate to the Subcontractor. Notwithstanding anything under this Section, Honeywell will not be obliged to issue the Performance Certificate before Honeywell is necessary issued an equivalent performance certificate under the Main Contract. Only the Performance Certificate will be deemed to constitute acceptance of the Works. After the Performance Certificate has been issued, Subcontractor will remain liable for the Contractor to carry out work fulfillment of rectificationany obligation which remains unperformed at that time. For the purpose of determining the nature and extent of unperformed obligations, the Contractor shall do so at times Subcontract will be deemed to remain in force. The issue of the Performance Certificate will not affect or prejudice any of Honeywell’s rights against the Subcontractor for defective works or for breaches of contract whether previously or subsequently discovered. For the avoidance of doubt, Honeywell’s rights and remedies in this Section will be without prejudice and in a manner which cause as little inconvenience addition to Honeywell’s other rights and remedies under the occupants Subcontract or users of the Works as is reasonably possibleat law.

Defects Liability. The Defects Liability Period will commence on the Date Of Practical Completion and will continue until expiry of the term stated in the Annexure shall commence Subcontract Particulars or issue of the Performance Certificate, whichever is later. The Subcontractor will: 1) Complete any work which is outstanding on the Date of Practical Completion. As soon , within such reasonable time as possible after is instructed by Honeywell. 2) Execute all work required to remedy Defects or damage, as may be notified by Honeywell on or before the Date expiry date of Practical Completion, the Contractor shall rectify any defects or omissions in the work under the Contract existing at Practical Completion. At any time prior to the 14th day after the expiration of the Defects Liability Period, the Superintendent may direct the Contractor to rectify any omission or defect in the work sounder the Contract existing at the Date of Practical Completion or which becomes apparent prior to the expiration of the Defects Liability Period. The direction shall identify the omission or defect and state a date by which the Contractor shall complete the work of rectification and may state a date by which the work of rectification shall commence. The direction may provide that in respect of the work of rectification there shall be a separate Defects Liability Period of a stated duration not exceeding the period stated in the Annexure. The separate Defects Liability Period shall commence on the date the Contractor completes the work of rectification. Clause 37 shall apply in respect of the work of rectification and the Defects Liability Period for the Works or portion of Works (as the case may be). All works referred to in this Defects Liability Section will be executed at the risk and cost of the Subcontractor, if and to the extent that work of rectification. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract If the work of rectification is attributable to: 3) Any design for which the Subcontractor is responsible. 4) Plant, Material or workmanship not commenced or completed being in accordance with the Subcontract. 5) Failure by the stated dates, Subcontractor to comply with any other obligation under this subcontract. If and to the Principal may have the extent that such work of rectification carried out at the Contractor’s expense, but without prejudice is attributable to any other rights cause, the Subcontractor will be notified by Honeywell, and the provisions of the Variations Section will apply. If the Subcontractor fails to comply with Honeywell’s instruction in completing the works under this Section to the satisfaction of Honeywell’s Representative within the timings stated in Honeywell’s instruction or, in the event that no such timings are stated in the Principal instructions, the Subcontractor fails to complete the aforesaid works to the satisfaction of Honeywell’s Representative within a reasonable time as may be determined by Honeywell and/or ▇▇▇▇▇▇▇▇▇’s Representative, then, then Honeywell may: 1) have against the Contractor with respect to such omission or defect Defect rectified by others and the cost of the work of rectification thereby incurred by the Principal shall Honeywell will be a debt due from and payable by the ContractorSubcontractor to Honeywell; or 2) issue a written notice to the Subcontractor that Honeywell will accept the Defective work and claim damages. If it In such case the amount of damages will be determined by Honeywell (acting reasonably), taking into account: a. any loss or damage suffered by Honeywell as a result of the Defect (including loss or damage suffered under the Main Contract); and b. any reduction in the value of the Works. The amount of damages determined by Honeywell will be notified in writing by Honeywell to the Subcontractor and will be a debt due and payable to Honeywell by the Subcontractor. Additionally, Honeywell may deduct or set off in the Payment Certificate any such damages or part thereof. When all the outstanding works, Defects and damage under this Section have been made good by the Subcontractor in compliance with Honeywell’s directions or instructions, Honeywell will issue the Performance Certificate to the Subcontractor. Notwithstanding anything under this Section, Honeywell will not be obliged to issue the Performance Certificate before Honeywell is necessary issued an equivalent performance certificate under the Main Contract. Only the Performance Certificate will be deemed to constitute acceptance of the Works. After the Performance Certificate has been issued, Subcontractor will remain liable for the Contractor to carry out work fulfillment of rectificationany obligation which remains unperformed at that time. For the purpose of determining the nature and extent of unperformed obligations, the Contractor shall do so at times Subcontract will be deemed to remain in force. The issue of the Performance Certificate will not affect or prejudice any of Honeywell’s rights against the Subcontractor for defective works or for breaches of contract whether previously or subsequently discovered. For the avoidance of doubt, Honeywell’s rights and remedies in this Section will be without prejudice and in a manner which cause as little inconvenience addition to Honeywell’s other rights and remedies under the occupants Subcontract or users of the Works as is reasonably possibleat law.