Common use of WARRANTIES OF DEVELOPER Clause in Contracts

WARRANTIES OF DEVELOPER. Upon completion of the Extensions and approval thereof by the City and simultaneously with the acceptance of the title by the City, the Developer warrants to the City for a period of one (1) year as follows: A. That the Developer is the owner of the property and the same is free and clear of all encumbrances and that the Developer has good right and authority to transfer title thereto to the City and will defend the title of the City against the claims of all third parties claiming to own the same or claiming an encumbrance against the same; and B. That the Extensions are in proper working condition, order, and repair as designed and that they are adequate and fit for the intended purpose of use as water, sewer, stormwater, and/or street system, and as integral parts of the water, sewer, stormwater, and/or street system of the City; and C. That all parts of the Extensions shall remain in proper working condition, order and repair as designed except where abused or neglected by the City; and the Developer shall repair or replace, at its own expense, any work or material which may prove to be defective during the period of this warranty. The Developer shall obtain warranties and guaranties from its subcontractors and/or suppliers where such warranties or guaranties are specifically required herein and shall deliver copies to the City upon completion of the work. When corrections of defects occurring within the warranty period are made, the Developer shall further warrant corrected work for one year after acceptance by the City. In the event of fraud or bad faith by the Developer regarding Sections A, B & C above, the one year limitation of warranty shall not apply.