Common use of Maintenance Guarantee Clause in Contracts

Maintenance Guarantee. Upon completion of each portion of the Roadway Improvements, and final acceptance by the County and/or FDOT, the Developer and its construction contractor shall guarantee that all equipment furnished and work performed is free from defects in workmanship or materials for a period of three (3) years after final acceptance, and, if any part of the construction should fail within this period due to such a defect, it shall be repaired, replaced, and/or restored to satisfactory condition and/or operation at no cost to the County and/or FDOT. The Security may cover this guarantee, if they remain in place for a period of three (3) years after final acceptance in an amount equal to at least fifteen percent (15%) of the applicable construction contract amount and the Security specifically provides for this guarantee, or the Developer or its general contractors may post separate maintenance bonds acceptable to the County and/or FDOT to guarantee maintenance in accordance with this paragraph. This remedy for correction is a contractual obligation that is a cumulative, not exclusive remedy. Upon completion of construction of the each portion of the Roadway Improvements and final inspection by the County and/or FDOT as being constructed in accordance with all appropriate contract documents and permit requirements, and upon the expiration of the required maintenance guarantee period, the County shall be responsible for maintenance of the roadway and roadway drainage facilities which are not commingled/combined. Anything to the contrary notwithstanding, the three (3) year maintenance guarantee required by this paragraph shall be terminated and no longer required by the County if FDOT instead of the County accepts the applicable Roadway Improvements for maintenance. In such event the Developer shall comply with the maintenance requirements of FDOT as to such Roadway Improvements.

Maintenance Guarantee. Upon completion of each portion of the Roadway Improvements, and final acceptance by the County and/or FDOT, the Developer and its construction contractor shall guarantee that all equipment furnished and work performed is free from defects in workmanship or materials for a period of three onethree (313) years yearyears after final acceptance, and, if any part of the construction should fail within this period due to such a defect, it shall be repaired, replaced, and/or restored to satisfactory condition and/or operation at no cost to the County and/or FDOT. The Security may cover this guarantee, if they remain in place for a period of three onethree (313) years yearyears after final acceptance in an amount equal to at least fifteen percent (15%) of the applicable construction contract amount and the Security specifically provides for this guarantee, or the Developer or its general contractors may post separate maintenance bonds acceptable to the County and/or FDOT to guarantee maintenance in accordance with this paragraph. This remedy for correction is a contractual obligation that is a cumulative, not exclusive remedy. Upon completion of construction of the each improvementseach portion of the Roadway Improvements and final inspection by the County and/or FDOT as being constructed in accordance with all appropriate contract documents and permit requirements, and upon the expiration of the required one (1) year maintenance guarantee period, the County shall be responsible for maintenance of the roadway and roadway drainage facilities which are not commingled/combined. Anything to the contrary notwithstanding, the three (3) year maintenance guarantee required by this paragraph shall be terminated and no longer required by the County if FDOT instead of the County accepts the applicable Roadway Improvements for maintenance. In such event the Developer shall comply with the maintenance requirements of FDOT as to such Roadway Improvements.