Common use of and S Clause in Contracts

and S. 8.2.3 and the references to vesting in S.13 of the First Schedule shall not apply to the Diverted Sewers The balance of the Cash Deposit shall be repaid to the Developer upon issue of the Final Certificate following the deduction of any amounts due to xxx Xxxxxxxxxx in accordance with the provisions of Paragraph 4 above PROVIDED THAT if any part of the Diverted Sewers shall have been constructed in public highway then five per cent of the Cash Deposit shall be retained for a period of two years from the date of the issue of the Final Certificate and if the Developer fails to comply with the provisions of the Xxx Xxxxx xxx Xxxxxx Xxxxx Xxx 0000 in relation to the Diverted Sewers then xxx Xxxxxxxxxx may deduct from the remainder of the Cash Deposit such costs as are incurred by xxx Xxxxxxxxxx in carrying out those provisions in place of the Developer and at the end of the said two-year period the remaining balance of the Cash Deposit shall be repaid to the Developer following the deduction of any amounts due to xxx Xxxxxxxxxx Until the issue of the Final Certificate if by reason or in consequence of the construction or failure of the Diverted Sewers or any subsidence resulting from any of those Works any damage shall 7 be caused to any land or property or there is any interruption in any service provided by xxx Xxxxxxxxxx the Developer shall repay the cost reasonably incurred by xxx Xxxxxxxxxx in making good such damage or restoring the service and shall:

and S. 8.2.3 and the references to vesting in S.13 of the First Schedule shall not apply to the Diverted Sewers The balance of the Cash Deposit shall be repaid to the Developer upon issue of the Final Certificate following the deduction of any amounts due to xxx Xxxxxxxxxx in accordance with the provisions of Paragraph 4 above PROVIDED THAT if any part of the Diverted Sewers shall have been constructed in public highway then five per cent of the Cash Deposit shall be retained for a period of two years from the date of the issue of the Final Certificate and if the Developer fails to comply with the provisions of the Xxx Xxxxx xxx Xxxxxx Xxxxx Xxx 0000 New Roads and Street Works Act 1991 in relation to the Diverted Sewers then xxx Xxxxxxxxxx may deduct from the remainder of the Cash Deposit such costs as are incurred by xxx Xxxxxxxxxx in carrying out those provisions in place of the Developer and at the end of the said two-year period the remaining balance of the Cash Deposit shall be repaid to the Developer following the deduction of any amounts due to xxx Xxxxxxxxxx Until the issue of the Final Certificate if by reason or in consequence of the construction or failure of the Diverted Sewers or any subsidence resulting from any of those Works any damage shall 7 be caused to any land or property or there is any interruption in any service provided by xxx Xxxxxxxxxx the Developer shall repay the cost reasonably incurred by xxx Xxxxxxxxxx in making good such damage or restoring the service and shall:

and S. 8.2.3 and the references to vesting in S.13 of the First Schedule shall not apply to the Diverted Sewers The balance of the Cash Deposit shall be repaid to the Developer upon issue of the Final Certificate following the deduction of any amounts due to xxx Xxxxxxxxxx in accordance with the provisions of Paragraph 4 above PROVIDED THAT if any part of the Diverted Sewers shall have been constructed in public highway then five per cent of the Cash Deposit shall be 6 retained for a period of two years from the date of the issue of the Final Certificate and if the Developer fails to comply with the provisions of the Xxx Xxxxx xxx Xxxxxx Xxxxx Xxx 0000 New Roads and Street Works Act 1991 in relation to the Diverted Sewers then xxx Xxxxxxxxxx may deduct from the remainder of the Cash Deposit such costs as are incurred by xxx Xxxxxxxxxx in carrying out those provisions in place of the Developer and at the end of the said two-year period the remaining balance of the Cash Deposit shall be repaid to the Developer following the deduction of any amounts due to xxx Xxxxxxxxxx Until the issue of the Final Certificate if by reason or in consequence of the construction or failure of the Diverted Sewers 7 or any subsidence resulting from any of those Works any damage shall 7 be caused to any land or property or there is any interruption in any service provided by xxx Xxxxxxxxxx the Developer shall repay the cost reasonably incurred by xxx Xxxxxxxxxx in making good such damage or restoring the service and shall: