Common use of REMEDYING OF DEFECTS Clause in Contracts

REMEDYING OF DEFECTS. 3.3.1 The Developer shall free of cost to the Tenant as soon as reasonably practicable (or immediately in case of emergency) and using its best endeavours to complete the same by 31 March 1998 remedy or cause to be remedied the items or matters set out or referred to in the Snagging List. 3.3.2 Without prejudice to the foregoing the Developer shall procure the preparation of a schedule as provided for under the relevant Trade Contracts listing any omissions defects shrinkages or other faults appearing in the Works or any part thereof within 12 months after the Practical Completion Date and promptly supply a copy thereof to the Tenant and the Tenant shall procure that within seven days after the expiry of the relevant defects period it shall provide the Developer with a list of any omissions defects shrinkages or other faults which it has observed and the Developer shall free of cost to the Tenant as soon as reasonably practicable make good or procure to be made good all such omissions defects shrinkages or other faults. 3.3.3 Without prejudice to any other rights or remedies of the Tenant under this Agreement if any Defect manifests itself and is notified in writing by the Tenant to the Developer by the third anniversary of the Practical Completion Date then the Developer and the Tenant shall agree a method and programme for carrying out remedial work in accordance with Clause 3.3 and the Developer shall free of cost to the Tenant procure the carrying out of such works as may be necessary to remedy such Defect and any physical damage thereby caused in accordance with such method and programme. 3.3.4 If any remedial works referred to in this Clause 3.3 are in the reasonable opinion of the Tenant urgently required having regard to the programme for the Tenant's Fit Out Works or the Tenant's occupation of the Premises then the Tenant and the Developer shall promptly consult as to the most expeditious means of remedying the same and the Developer shall take such reasonable steps as are within its control to make good or procure the same to be made good where appropriate in the case of emergency as urgently as possible provided that notwithstanding the foregoing the Tenant may, by using the Trade Contractors and with the consent of the Landlord and the Developer (which consents shall not be respectively unreasonably withheld), carry out itself such 6 of the remedial works which the Developer is liable to procure under this Clause 3.3.4 where entry by the Developer is likely to interfere materially with the Fit-Out Works subject to the Tenant indemnifying the Developer and the Landlord in respect of such carrying out against any losses or claims which may arise in relation to a breach of the warranties given by any of the Trade Contractors or against any defences set offs or counterclaims which the Trade Contractors may have in connection with such remedial works. 3.3.5 The provisions of this Clause 3.3 shall apply mutatis mutandis in respect of the Additional Works (as defined in the Development Obligations) and without limitation the Developer shall carry out such maintenance or other works as may be required in relation thereto.