Developer’s Continuing Obligation Clause Samples

Developer’s Continuing Obligation. After City’s acceptance of the Improvements, Developer shall remain obligated to correct or eliminate any defect in design or dangerous condition created by defects in design or construction, provided however, that Developer shall not be responsible for routine maintenance of the Improvements after the final acceptance thereof by City or other responsible agency. This Section shall remain in full force and effect for ten (10) years following City’s acceptance of the Improvements. Subject to Section 11.2, Developer acknowledges and agrees that Developer shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement and that City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting, or modifying any Improvement Plans or related specifications or in approving, reviewing or inspecting any work or construction. The Improvements security shall not be required to cover the provisions of this Section beyond the Warranty Period specified in this Agreement. City may require Developer to provide proof of insurance consistent with the requirements set forth in Section 12 (or self-insurance, if Developer is Apple Inc.) if repairs to, or replacement of, any Improvements becomes necessary as a result of a defect in design or dangerous condition created by defects in design or construction during the 10-year period specified in this Section.