Common use of Developer’s Warranty Clause in Contracts

Developer’s Warranty. 5.1 Developer warrants and guarantees to the District that, without exception, the Project will be free from any defects, including, but not limited to, defects in materials and workmanship, for a period of two years from the date of Initial Acceptance by the District or until the date the Project is finally accepted by the District, whichever period is longer (the “Warranty Period”). No exceptions shall be permitted to this warranty provision. 5.2 Developer additionally agrees that during the Warranty Period subsequent to the date of Initial Acceptance of the Project by District, Developer will promptly perform all work and supply all materials or cause its Contractor to perform all work and supply all materials necessary to remove, replace, maintain or repair the Project constructed hereunder when said work is required by the District for any reason, notwithstanding that said work does not arise out of any negligent or willful acts or omissions of Developer or Developer’s Contractor. In the event any of the maintenance and/or repair obligations required under this subparagraph (5.2) are not performed within twenty days following written notice to Developer, the District may cause said maintenance and/or repairs to be performed and charge the costs thereof to Developer. ▇▇▇▇▇▇▇▇▇ agrees to pay all District invoices for maintenance and repairs, including emergency repairs, within thirty days after receipt of the District invoices. 5.3 Developer further agrees that during the Warranty Period, in emergency situations, the District shall have the right to perform whatever maintenance or repairs the District determines are necessary to protect the public health and safety, the environment, or public or private property, without giving advanced written notice to Developer. Developer agrees to pay all costs incurred by the District in performing such emergency repairs and maintenance within thirty days after receipt of the District invoices, together with all costs of collection. The term “emergency” shall mean any situation where, in the District’s sole determination, the public health, public safety, environment, or public or private property would be jeopardized or endangered by waiting for Developer or Developer’s Contractor to initiate and perform the needed maintenance and/or repairs.