Care, Custody and Control. (i) Except as otherwise specifically provided for in a LNTP, after the Financial Close Date and prior to the Project Completion Date, the Developer will (A) have care, custody and control of the Design Build Right of Way for the Project Assets and (B) be responsible for the security and protection of active construction areas on the Project Assets and the Project Right of Way and (1) all materials, equipment, supplies and any other property of any Developer Party and (2) all materials, equipment, supplies and any other property of the Department being held in a secure location at or on the Project Assets or otherwise being used or procured in connection with the Work, whether or not on the Project Right of Way.
(ii) Through the coordination process described in Section 8.07, the Developer and the Department will determine from time to time which portions of the Existing Lanes will be open for traffic or under construction.
(iii) On and after the Project Completion Date to the end of the Term, the Developer will have care, custody and control of the Project Assets (other than the Transferred Project Assets and the Department Shared Assets).
(iv) On the Project Completion Date, the Developer will transfer ownership of the Transferred Project Assets to the Department, at which time all care, custody and control and risk of loss (other than as covered by any applicable warranty) for the Transferred Project Assets will vest with the Department.
Care, Custody and Control. This insurance shall not cover claims for compensation of property damage to property caused during the period said property was actually transported, treated, processed, handled, occupied, leased, rented, hired, borrowed, used, stored, held in custody by or in the charge or under the control for any other reason whatsoever of the insured or any other party on his behalf. This exclusions shall also apply to any loss or damage resulting from said property damage. This exclusion shall not apply to:
3.1.1 Activities performed at the premises of third parties.
Care, Custody and Control. If Codexis has care, custody or control of Pfizer property or inventory, Codexis shall be responsible for any loss or damage to it, and provide all risk Property Coverage at full replacement cost for same.
Care, Custody and Control. Upon the Substantial Completion Date, Contractor shall turn over to Company the care, custody and control of the Facility. Company, at its expense, shall properly operate and maintain such portions of the Facility turned over to it by Contractor in accordance with applicable Laws, Prudent Industry Practices, the O&M Manual and the instructions and specific recommendations provided by Contractor to Company. Contractor may conduct periodic inspections of the turned-over equipment to ensure that Company is complying with such obligations. It is further acknowledged and agreed that Company shall provide Contractor, at all times, free and clear access to the Facility in order to allow Contractor to perform its obligations under the Contract (including completion and/or repetition of testing, Punchlist Items and warranties).
Care, Custody and Control. Upon the earlier of the Final Completion Date or the termination of this Contract, Contractor shall turn over to Owner the care, custody and control of the Facility. Owner, at its expense, shall properly operate and maintain such portions of the Facility turned over to it by Contractor in accordance with applicable Laws and Prudent Industry Practices. Owner shall provide Contractor reasonable access to the Facility in order to allow Contractor to perform its obligations under this Contract (including completion and/or repetition of testing and Punchlist Items)
Care, Custody and Control. The care, custody and control of the Services -------------------------- shall pass from WFI to Metricom on written agreement that the Services, a Site or any portion thereof has reached Substantial Completion, but subject to the warranty and other continuing obligations of WFI hereunder, including WFI's obligation to complete all Punch List Items outstanding as of Substantial Completion. In any event, the care, custody, and control of the Services or portion thereof shall pass to Metricom no later than the time when Metricom either starts Beneficial Use of or takes physical possession thereof. From and after the date of the transfer of the care, custody, and control of the Services or portion thereof, (a) Metricom shall assume all risks of physical loss or damage thereto and all responsibility for compliance by the Services or portion thereof with applicable safety and Environmental Laws and all other Laws and Regulations and (b) Metricom shall, and does hereby, release WFI from loss or damage to the Services, except as provided for otherwise in the Agreement, which may thereafter occur.
Care, Custody and Control. Care, custody and control of the Facility shall pass from the General Contractor to the Owner upon the issuance of the Certificate of Substantial Completion or the Certificate of Acceptance, or upon the Owner's election to place the Facility in Commercial Operation, as the case may be. The Owner shall assume the risk of physical loss or damage to the Work resulting from the action of the Owner or its employees from and after the issuance of the Certificate of Substantial Completion or the Certificate of Acceptance or the placing of the Facility into Commercial Operation, as the case may be. The General Contractor shall be obligated to replace, repair or reconstruct any of the Work which is damaged, destroyed or lost prior to the passage of care, custody and control of the Facility to the Owner.
Care, Custody and Control. Property Damage to property owned by or leased or rented to or in the care custody or control of the Insured other than
a) Employees', directors', partners' and/or visitors' property
b) premises not owned by or leased or rented to the Insured at which the Insured is undertaking work in connection with the Business.
Care, Custody and Control. When Contractor determines that the Work or a discrete portion of the Work is ready for initial start-up operation or service, the Contractor Representative shall advise the Caerus Representative in writing and the care, custody or control of Work or such portion thereof shall pass to Caerus unless the Caerus Representative advises Contractor within five (5) days thereafter that the Work or the portion of the Work is not ready for initial start-up operation or service. Caerus shall assume risk of loss or damage from and after the date of transfer. Transfer of care, custody and control of the Work or a portion of it to Caerus pursuant to this Section 6.2 does not constitute acceptance pursuant to Section 6.3 .
Care, Custody and Control. Immediately upon delivery, full responsibility, care, custody and control of the equipment, including without limitation duty to insure and responsibility for associated liabilities, losses and claims as set forth herein, shall pass from Operator to Customer. Thereafter, Customer shall maintain complete care, custody and control over equipment until Operator has accepted the equipment at redelivery by execution of the redelivery portion of the Certificate.
