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05/06/2019 <br />damaged, altered, or replaced due directly or indirectly to any Permittee action, Permittee <br />shall be required to reconstruct such ramp in compliance with current Americans with <br />Disability Act standards. <br />D. Warranty. All improvements, construction, reconstruction, repairs and other <br />work performed within the Right of Way, other public space or property, or private property <br />shall be warranted to be free from defects for a minimum period of one (1) year after City's <br />final inspection and acceptance (if a public facility) or completion thereof (if a private <br />facility). Permittee shall undertake necessary corrective work and repairs within ten (10) <br />business days of receipt of City's notice of defective work and shall complete repairs and <br />corrective work diligently. <br />12. Miscellaneous Provisions. <br />A. Permittee shall document, respond to, and report to City: every incident <br />involving an injury to an individual and/or animal; every incident resulting in damage to <br />property; every incident involving a collision with any individual, animal, or property; any <br />other operational safety issues; and any complaints from members of the public. These <br />incident reports shall, at a minimum, include the location, circumstances, and description <br />of the incident or safety issue. Permittee shall transmit incident reports to City within six <br />(6) hours of any incident involving injury to a person or animal and within twenty-four (24) <br />hours for any other incident or safety issue. In addition, all data capturing any incident <br />shall be stored, maintained, and be readily available for retrieval by City for a period of <br />two (2) years. <br />B. If any term, provision or condition of the PDD Agreement or the PDD Permit <br />is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder <br />of the PDD Agreement or the PDD Permit (as applicable) shall continue in full force and <br />effect unless the rights and obligations of the parties have been materially altered or <br />abridged thereby. <br />C. The condition of approval and section headings used herein are solely for <br />convenience and shall not be used to interpret the PDD Agreement or the PDD Permit. <br />The provisions of the PDD Agreement and the PDD Permit shall be construed as a whole <br />according to their common meaning, and not strictly for or against any party, in order to <br />Page 8 of 20 <br />AlTY/DOCS-RESOLUTIONS/2019/RESO.0042 CC RESO PDD PILOT PROGRAM RESO. NO. 15763 <br />REV: 04-25-19 DZ MUFF NO. 604 <br />