Common use of Notice and Early Occupancy Proposal Clause in Contracts

Notice and Early Occupancy Proposal. If the Owner determines that hardship will result if it is unable to occupy some portion of the Work prior to substantial completion, Owner will inform the Architect/Engineer and the Contractor no less than 30 days before the date the Owner wishes to occupy the Work, and designate those portions of the Work to be occupied and the uses to be made of the occupied premises. Contractor will make the designated portions of the Work available to the Architect/Engineer and the ODR for observation. The Architect/Engineer and the ODR will observe the Work jointly with the Contractor. As soon as practicable, but not later than the third day after the inspection, the Architect/Engineer, in conjunction with the ODR, will prepare and submit to the Contractor an Early Occupancy Proposal, specifying any work that must be completed or corrected as well as any operation or maintenance manuals or other documentation necessary for the Work to be occupied by the Owner and used for the purposes designated by the Owner in its notice, and setting out the division of responsibility between the Owner and the Contractor for utilities, security, maintenance, insurance and liability for damage to the Work or damage arising from the condition of the Work. The Early Occupancy Proposal will also specify whether the area to be occupied must be Substantially Complete before occupation, and will specify the date for Substantial Completion if other than the date previously specified by the Contract Documents.

Notice and Early Occupancy Proposal. If the Owner determines that substantial hardship will result if it is unable to occupy some portion of the Work prior to substantial completionSubstantial Completion, Owner will it shall so inform the Architect/Engineer and the Contractor no less than 30 thirty (30) days before the date the Owner wishes to occupy the Work, and designate those portions of the Work to be occupied and the uses to be made of the occupied premises. As soon as practicable, but not less than five (5) working days after receiving this notice, the Contractor will shall make the designated portions of the Work available to the Architect/Engineer and the ODR Owner for observation. The Architect/Architect/ Engineer and the ODR will Owner shall observe the Work jointly with the Contractor. As soon as practicable, but not later than the third (3rd) day after next following the date of the inspection, the ODR or the Architect/Engineer, in conjunction with the ODR, will Engineer shall prepare and submit to the Contractor an Early Occupancy Proposal, specifying any work Work that must be completed or corrected as well as any operation or and maintenance manuals or other documentation necessary for the Work to be occupied by the Owner and used for the purposes designated by the Owner in its notice, and setting out the division of responsibility between the Owner and the Contractor for utilities, security, maintenance, insurance and liability for damage to the Work or damage arising from the condition of the Work. The Early Occupancy Proposal will shall also specify whether the area to be occupied must be Substantially Complete before occupation, and will shall specify the date for Substantial Completion of the Work to be occupied if other than the date previously specified by the Contract Documents.. DRAFT