Common use of Owner Property Clause in Contracts

Owner Property. a. The Owner will provide access by Private Entity and all rights needed for the Work to the Land. b. Title to the Land and tangible Owner Property will remain with the Owner even if incorporated in or affixed to property not owned by the Owner. The Private Entity may use the Land and tangible Owner Property only in connection with this Agreement. The Private Entity must maintain adequate property control records in a form acceptable to the Owner’s Representative and must make them available for Owner inspection upon request. Owner represents that it will obtain good title to the Land (the real property described in Exhibit A) subject to easements and other items of record and the authority to authorize Private Entity contractors to perform work on such Land provided the Private Entity complies with all applicable laws, ordinances, and regulations regarding work on such Land and obtains all required permits and licenses for such Work. The Land shall be made available to Private Entity with the notice to proceed with the construction Work. c. Upon delivery of the tangible Owner Property (other than the Land) to the Private Entity, the Private Entity assumes the risk and responsibility for its loss or damage, except: 1. For reasonable wear and tear; 2. To the extent property is consumed in performing the Agreement; or 3. As otherwise provided in the Contract Documents. d. Changes in Owner-Furnished Tangible Property 1. By written notice, the Owner’s Representative may; (a) decrease the Property provided or to be provided by the Owner under this Agreement; or (b) substitute other Owner owned Property for the Property to be provided by the Owner, or to be acquired by the Private Entity for the Owner under this Agreement. The Private Entity must promptly take any action the Owner’s Representative may direct regarding the removal and shipping of the Property covered by this notice. 2. In the event of any decrease in or substitution of Property pursuant to Subparagraph d.1 above, or any withdrawal of authority to use Property provided under any other contract or lease, or failure of Owner to make Land or tangible property available in a timely manner which Property the Owner had agreed in this Agreement to make available, the Owner’s Representative, upon the Private Entity’s written request, or if substitution causes a decrease in the cost of performance, on the Owner’s Representative’s own initiative, may equitably adjust any contractual provisions affected by the decrease, substitution, late delivery or withdrawal, in accordance with the “Changes” clause. e. The Private Entity must maintain and administer a program or system acceptable to the Owner’s Representative for the utilization, maintenance, repair, protection, and preservation of Owner Property until it is disposed of in accordance with this Section 12.8. f. The Owner, and any persons designated by it, shall at reasonable times have access to premises where any Owner Property is located for the purpose of inspecting it. g. Within forty-five (45) calendar days after Notice to Proceed with construction, the Private Entity must submit a schedule to the Owner’s Representative, in an acceptable format and giving desired dates for delivery of items and Property furnished by the Owner. Approved dates of delivery must be confirmed by the Owner’s Representative in writing. Approved dates of delivery must be confirmed by the Private Entity thirty (30) calendar days prior to scheduled delivery. The Private Entity must submit a written report to the Owner’s Representative within forty-eight (48) hours after receipt, noting any shortages or damage to the Owner-furnished Property, other than for the Land. h. If Owner-furnished equipment is to be installed and is not on the construction site, the Owner will make separate arrangements to provide delivery to the site. Any costs to Private Entity for labor associated with loading or unloading this Owner-furnished equipment may be negotiated. i. Upon completing this Agreement, the Private Entity shall follow the Owner’s Representative’s instructions regarding the disposition of all Owner Property not consumed in performing this Agreement or previously returned to the Owner. The Private Entity shall prepare for shipment, deliver

Appears in 2 contracts

Samples: Design and Construction Agreement, Comprehensive Agreement

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Owner Property. a. The Owner will provide access by Private Entity and all rights needed for the Work deliver to the Land. b. Title Contractor, at the time and locations stated in this Agreement, the Owner property described in the Specifications (the “Owner Property”). If that property, suitable for its intended use, is not delivered in a timely manner to the Land Contractor, the Owner’s Representative may make an equitable adjustment in accordance with Article XVII, Section 17.1, if: The Contractor submits a timely written request for an equitable adjustment; and tangible The facts warrant an equitable adjustment. Owner shall retain title to Owner Property will remain with even if the Owner even if Property is incorporated in or affixed to property not owned by the Owner. The Private Entity Contractor may use the Land and tangible Owner Property only in connection with this Agreement. The Private Entity must Contractor shall maintain adequate property control records in a form acceptable to the Owner’s Representative and must shall make them available to Owner for Owner inspection upon request. Owner represents that it will obtain good title to the Land (the real property described in Exhibit A) subject to easements and other items of record and the authority to authorize Private Entity contractors to perform work on such Land provided the Private Entity complies with all applicable laws, ordinances, and regulations regarding work on such Land and obtains all required permits and licenses for such Work. The Land shall be made available to Private Entity with the notice to proceed with the construction Work. c. Upon delivery of the tangible Owner Property (other than the Land) to the Private EntityContractor, the Private Entity Contractor assumes the risk and responsibility for its loss or damage, except: 1. : For reasonable wear and tear; 2. ; To the extent property is consumed in performing the Agreement; or 3. or As otherwise provided in the Contract Documents. d. . Changes in Owner-Furnished Tangible Property 1. Property By written notice, the Owner’s Representative may; : (a) decrease the Property property provided or to be provided by the Owner under this Agreement; or (b) substitute other Owner owned Property property for the Property property to be provided by the Owner, or to be acquired by the Private Entity Contractor for the Owner under this Agreement. The Private Entity Contractor must promptly take any action the Owner’s Representative may direct regarding the removal and shipping of the Property property covered by this notice. 2. In the event of any decrease in or substitution of Property property pursuant to Subparagraph subparagraph d.1 above, or any withdrawal of authority to use Property property provided under any other contract or lease, or failure of Owner to make Land or tangible which property available in a timely manner which Property the Owner had agreed in this Agreement to make available, the Owner’s Representative, upon the Private EntityContractor’s written request, or if substitution causes a decrease in the cost of performance, on the Owner’s Representative’s own initiative, may equitably adjust any contractual provisions affected by the decrease, substitution, late delivery or withdrawal, in accordance with the “Changes” clause. e. . The Private Entity must Contractor shall maintain and administer a program or system acceptable to the Owner’s Representative for the utilization, maintenance, repair, protection, and preservation of Owner Property until it is disposed of in accordance with this Section 12.8. f. . The Owner, and any persons designated by it, shall at reasonable times have access to premises where any Owner Property is located for the purpose of inspecting it. g. Within forty-five (45) calendar days after Notice to Proceed with construction, the Private Entity must submit a schedule to the Owner’s Representative, in an acceptable format and giving desired dates for delivery of items and Property furnished by the Owner. Approved dates of delivery must be confirmed by the Owner’s Representative in writing. Approved dates of delivery must be confirmed by the Private Entity thirty (30) calendar days prior to scheduled delivery. The Private Entity must submit a written report to the Owner’s Representative within forty-eight (48) hours after receipt, noting any shortages or damage to the Owner-furnished Property, other than for the Land. h. If Owner-furnished equipment is to be installed and is not on the construction site, the Owner will make separate arrangements to provide delivery to the site. Any costs to Private Entity Contractor for labor associated with loading or unloading this Owner-furnished equipment may will be negotiated. i. . Upon completing this AgreementSubstantial Completion of the Building, the Private Entity Contractor shall follow the Owner’s Representative’s instructions regarding the disposition of all Owner Property not consumed in performing this Agreement or previously returned to the Owner. The Private Entity Contractor shall prepare for shipment, deliverdeliver f.o.b. origin, or dispose of the Owner Property, as directed or authorized by the Owner’s Representative. The net proceeds of any such disposal will be credited to award amounts due Contractor or will be paid to the Owner as directed by the Owner’s Representative.

Appears in 1 contract

Samples: Comprehensive Agreement

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Owner Property. a. The Owner will provide access by Private Entity and all rights needed for the Work to the LandLand by the Private Entity. b. Title to the Land and tangible Owner Property property will remain with the Owner even if incorporated in or affixed to property not owned by the Owner. The Private Entity may use the Land and tangible Owner Property property only in connection with this Agreement. The Private Entity must maintain adequate property control records in a form acceptable to the Owner’s Representative and must make them available for Owner inspection upon request. Owner represents that it will obtain good title to the Land (the real property described in Exhibit A) subject to easements and other items of record and the authority to authorize the Private Entity contractors to perform work on such Land provided the Private Entity complies with all applicable laws, ordinances, and regulations regarding work on such Land and obtains all required permits and licenses for such Work. The Land shall be made available to the Private Entity with the notice to proceed with the construction Work. c. Upon delivery of the tangible Owner Property property (other than the Land) to the Private Entity, the Private Entity assumes the risk and responsibility for its loss or damage, except: 1. For reasonable wear and tear; 2. To the extent property is consumed in performing the Agreement; or 3. As otherwise provided in the Contract Documents. d. Changes in Owner-Furnished Tangible Property 1. By written notice, the Owner’s Representative may; : (a) decrease the Property property provided or to be provided by the Owner under this Agreement; or (b) substitute other Owner owned Property property for the Property property to be provided by the Owner, or to be acquired by the Private Entity for the Owner under this Agreement. The Private Entity must promptly take any action the Owner’s Representative may direct regarding the removal and shipping of the Property property covered by this notice. 2. In the event of any decrease in or substitution of Property property pursuant to Subparagraph d.1 above, or any withdrawal of authority to use Property property provided under any other contract or lease, or failure of Owner to make Land or tangible property available in a timely manner which Property property the Owner had agreed in this Agreement to make available, the Owner’s Representative, upon the Private Entity’s written request, or if substitution causes a decrease in the cost of performance, on the Owner’s Representative’s own initiative, may equitably adjust any contractual provisions affected by the decrease, substitution, late delivery or withdrawal, in accordance with the “Changes” clauseArticle XVII hereof. e. The Private Entity must maintain and administer a program or system acceptable to the Owner’s Representative for the utilization, maintenance, repair, protection, and preservation of Owner Property property until it is disposed of in accordance with this Section 12.8. f. The Owner, and any persons designated by it, shall at reasonable times have access to premises where any Owner Property property is located for the purpose of inspecting it. g. Within forty-five (45) calendar days after Notice to Proceed with construction, the Private Entity must submit a schedule to the Owner’s Representative, in an acceptable format and giving desired dates for delivery of items and Property property furnished by the Owner. Approved dates of delivery must be confirmed by the Owner’s Representative in writing. Approved dates of delivery must be confirmed by the Private Entity thirty (30) calendar days prior to scheduled delivery. The Private Entity must submit a written report to the Owner’s Representative within forty-eight (48) hours after receipt, noting any shortages or damage to the Owner-furnished Propertyproperty, other than for the Land. h. If Owner-furnished equipment is to be installed and is not on the construction site, the Owner will make separate arrangements to provide delivery to the site. Any costs to Private Entity for labor associated with loading or unloading this Owner-furnished equipment may be negotiated. i. Upon completing this Agreement, the Private Entity shall follow the Owner’s Representative’s instructions regarding the disposition of all Owner Property property not consumed in performing this Agreement or previously returned to the Owner. The Private Entity shall prepare for shipment, deliver

Appears in 1 contract

Samples: Comprehensive Agreement

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