Occupation, Use or Possession Prior to Completion. 2.10.1 If prior to Final Completion, the Owner determines that it is necessary or advisable for the Owner or the City to take over, occupy, take possession of, operate or otherwise use all or any part of the completed Contract Work, or any partially completed Contract Work, the Owner and the City shall have the right to do so. The Owner will Notify the Contractor in writing of such determination and will specify the date of commencement of such use in such Notice.
2.10.2 Immediately prior to such use, the Owner will inspect the part of the Contract Work to be so used and advise the Contractor in writing as to the Contract Work still to be done on such part, if any. The Owner’s or the City’s failure to list any item of Work not completed shall not relieve the Contractor of responsibility to complete such Work or otherwise comply with all other terms and conditions of this Contract with respect thereto, except as may otherwise be provided in Section
Occupation, Use or Possession Prior to Completion. 2.10.1 If prior to Final Completion, the Owner determines that it is necessary or advisable for the Owner or the City to take over, occupy, take possession of, operate or otherwise use all or any part of the completed Contract Work, or any partially completed Contract Work, the Owner and the City shall have the right to do so. The Owner will Notify the Contractor in writing of such determination and will specify the date of commencement of such use in such Notice.
2.10.2 Immediately prior to such use, the Owner will inspect the part of the Contract Work to be so used and advise the Contractor in writing as to the Contract Work still to be done on such part, if any. The Owner’s or the City’s failure to list any item of Work not completed shall not relieve the Contractor of responsibility to complete such Work or otherwise comply with all other terms and conditions of this Contract with respect thereto, except as may otherwise be provided in Section 2.10.3 below. The Owner’s or the City's possession or use of any Work, whether completed or incomplete, shall not be deemed an acceptance of any Work under the Contract.
2.10.3 Notwithstanding the terms of Section 21.1 of these General Terms and Conditions (Part II) regarding “Risk of Loss” and Section 3.3 of the General Requirements of the Scope of Work Documents (Part V.A) regarding “Permits and Legal Requirements,” the Contractor shall be relieved of the responsibility for the loss of or damage to that portion of the Work that the Owner or the City has in its possession or is using resulting from the Owner's or the City's possession or use thereof, but only for loss or damage occurring during such time as the Owner or the City has such possession or use. If prior possession or use by the Owner or the City delays the progress of the Work or causes additional expense to the Contractor, the Owner may, in its sole discretion, extend or make an equitable adjustment to the Contractor’s time to complete the Work or any portion thereof.
2.10.4 If any part of the completed or partly completed Contract Work is taken over for use by the Owner or the City, the Owner may issue a Certificate of Substantial Completion for said part so taken over. The Contractor’s guarantee on that part of the Contract Work placed into use shall begin on the date set forth in the written Notice issued pursuant to Section 2.10.1.
