Common use of Materials Not Yet Incorporated Clause in Contracts

Materials Not Yet Incorporated. In the Judicial Council’s sole discretion, Judicial Council may approve for inclusion in the Application for Payment the cost of materials not yet incorporated in the Construction Work but already delivered and suitably stored either at the Site or at some other appropriate location consistent with the terms of these General Conditions. In such case, Design Build Entity shall furnish evidence satisfactory to Judicial Council Representative of: (i) the cost of such materials; and (ii) that such materials are under the exclusive control of Design Build Entity. Only materials to be incorporated in the Work will be considered for payment. Any payment shall not be construed as acceptance of such materials, nor relieve Design Build Entity from: (i) sole responsibility for the care and protection of such materials; (ii) risk of loss to such materials from any cause whatsoever; (iii) its obligation to Complete the Work in accordance with the Contract Documents. Nothing contained herein shall require Judicial Council to agree to pay for any non-incorporated materials or any part thereof.

Materials Not Yet Incorporated. In the Judicial Council’s sole discretion, Judicial Council may approve approve, for inclusion in the Application for Payment Payment, the cost of materials not yet incorporated in the Construction Work but already delivered and suitably stored either at the Site or at some other appropriate location consistent with the terms of these General Conditions. In such case, Design Build Entity shall furnish evidence satisfactory to Judicial Council Representative of: (i) the cost of such materials; and (ii) that such materials are under the exclusive control of Design Build Entity. Only materials to be incorporated in the Work will be considered for payment. Any payment shall not be construed as acceptance approval of such materials, nor relieve Design Build Entity from: (i) sole responsibility for the care and protection of such materials; (ii) risk of loss to such materials from any cause whatsoever; (iii) its obligation to Complete the Work in accordance with the Contract Documents. Nothing contained herein shall require Judicial Council to agree to pay for any non-incorporated materials or any part thereof.