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18. Repair or Reconstruction of Defective Work. Except as otherwise expressly provided <br />in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and <br />unusual abuse or neglect, Subdivider guarantees all work executed by Subdivider and/or <br />Subdivider's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or <br />attached to the work, or otherwise delivered to City as a part of the work pursuant to the <br />Agreement, to be free of all defects of workmanship and materials for a period of one year after <br />initial acceptance of the entire work by City. Subdivider shall repair or replace any or all such work <br />or material, together with all or any other work or materials which may be displaced or damaged in <br />so doing, that may prove defective in workmanship or material within said one year guarantee <br />period without expense or charge of any nature whatsoever to City. Subdivider further covenants <br />and agrees that when defects in design, workmanship and materials actually appear during the <br />guarantee period, and have been corrected, the guarantee period shall automatically be extended for <br />an additional year to insure that such defects have actually been corrected. <br />In the event the Subdivider shall fail to comply with the conditions of the foregoing <br />guarantee within thirty (30) days time, after being notified of the defect in writing, City shall have <br />the right, but shall not be obligated, to repair or obtain the repair of the defect, and Subdivider shall <br />pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the <br />contrary, in the event that any defect in workmanship or material covered by the foregoing <br />guarantee results in a condition which constitutes an immediate hazard to the public health, safety, <br />or welfare, City shall have the right to immediately repair, or cause to be repaired, such defect, and <br />Subdivider shall pay to City on demand all costs and expense of such repair. The foregoing <br />statement relating to hazards to health and safety shall be deemed to include either temporary or <br />S:\TM6636\SLJBIMPI.AGR <br />13 <br />