PARTIAL OCCUPANCY. The OWNER may occupy or use any portion of the Work at any stage. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the OWNER and Contractor have, if applicable, accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period of correction of the Work and commencement of warranties required by the Contract Documents. Immediately prior to such partial occupancy or use, the OWNER and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. The use or occupancy of a portion of the Work by OWNER or its other contractors to inspect and/or correct defective workmanship or install furniture, fixtures, or equipment or other work shall not be considered as use and occupancy. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.
PARTIAL OCCUPANCY. Owner shall have the right to occupy and use any completed or partially completed portions of the Work, provided Governmental Authorities having jurisdiction over the Work consent to such occupancy. Substantial Completion shall not be a prerequisite to Owner’s occupancy or use; provided, however, that Owner and Contractor have (a) reasonably accepted in writing their respective responsibilities for payments, retainage, security, insurance, maintenance, heat, utilities, and damage to the Work and (b) agreed in writing to the period for correction of Work and commencement of warranties required by the Contract Documents for those portions of the Work occupied or used. Immediately prior to Owner’s partial occupancy or use, Contractor and Owner Parties shall jointly inspect the area to be occupied or used to determine and record the condition of the Work. Partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work that fails to conform to the Contract Documents.
PARTIAL OCCUPANCY. University housing rooms are to be occupied by two or three students, except for the approved single-occupancy or approved private assignments. In cases where one of the occupants moves from the assigned space, the student who remains agrees to move to another room, to accept another roommate, or to seek approval of a private occupancy room and pay the room rate of space and a half. Where there is no other student with whom to consolidate, the student agrees that the area must be maintained in a manner by the occupant that will allow another student to move in immediately. The University reserves the right to reassign residents during the semester to consolidate vacant spaces and to increase occupancy. Increases in occupancy will conform to prevailing occupancy and health standards.
PARTIAL OCCUPANCY. 8.3.1 The A/E shall assist the Contracting Authority and Owner in determining dates of Partial Occupancy of the Work, or portions thereof designated by the Owner, and shall assist in obtaining any certification required by Applicable Law.
8.3.2 Before the Owner commences Partial Occupancy, the A/E shall prepare and execute a Certificate of Substantial Completion for the designated area listing incomplete or Defective Work under the Contract.
8.3.2.1 If the Project is administered using the State’s web-based project management software, the A/E shall process the partial Certificate of Contract Completion, using the “Closeout - Contractor” business process.
PARTIAL OCCUPANCY. 20.1.1 County reserves the right to enter and install equipment within each portion of the Project as it is ready to receive same, upon the condition that CM shall not be responsible for equipment so placed other than loss or damage caused by the acts or omissions of CM or those in CM's employ. Such partial occupancy by County shall not constitute acceptance of the Project or of work not completed in accordance with the Contract Documents, nor shall it in any way relieve CM from correcting defective workmanship or materials in the area where County has installed equipment.
20.1.2 County reserves the right to take possession of or use all or part of any work prior to completion and final acceptance of all the work. If County exercises this right, CM shall be relieved of liability for loss or damage to completed portions of the work other than loss or damage caused by the acts, omissions, or breaches of warranty by CM. Such taking of possession by County shall not relieve CM from any other provisions of the Contract Documents, shall not constitute a final acceptance of any such work or of work not completed in accordance with the Contract Documents, and shall not relieve CM from responsibility for correcting defective workmanship or materials in the area so occupied.
20.1.3 County may at any time during the performance of the work enter the work area for the purpose of performing any necessary work by County labor or other contractors, and for any other purpose in connection with the installation of facilities. In doing so, County shall endeavor not to interfere with CM, and CM shall not interfere with other work being done by or on behalf of County.
PARTIAL OCCUPANCY. 20.1.1 Owner reserves the right to enter and install equipment within each portion of the Project as it is ready to receive same, upon the condition that XXXX shall not be responsible for equipment so placed other than loss or damage caused by the acts or omissions of XXXX or those in XXXX'x employ. Such partial occupancy by Owner shall not constitute acceptance of the Project or of work not completed in accordance with the Contract Documents, nor shall it in any way relieve XXXX from correcting defective workmanship or materials in the area where Owner has installed equipment.
20.1.2 Owner reserves the right to take possession of or use all or part of any work prior to completion and final acceptance of all the work. If Owner exercises this right, XXXX shall be relieved of liability for loss or damage to completed portions of the work other than loss or damage caused by the acts, omissions, or breaches of warranty by XXXX. Such taking of possession by Owner shall not relieve XXXX from any other provisions of the Contract Documents, shall not constitute a final acceptance of any such work or of work not completed in accordance with the Contract Documents, and shall not relieve XXXX from responsibility for correcting defective workmanship or materials in the area so occupied.
PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments for any Adjustment Year if the Building is not fully rented during all or a portion of any year, Landlord may make appropriate adjustments to the Operating Expenses for such Adjustment Year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been 95% occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such Adjustment Year. In the event that the Real Property is not fully assessed for any year, then Taxes shall be adjusted to an mount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the building provides itself with a service which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.
PARTIAL OCCUPANCY. If UGAA accepts partial use and occupancy of the Project, Design-Builder shall prepare for UGAA’s approval a Certificate of Substantial Completion limited to that portion of the Work completed and ready for occupancy. Upon acceptance in writing by UGAA of that Certificate of Partial Substantial Completion, and after that Work is put in service by UGAA, Design- Builder will not be responsible for normal wear and tear on the area of partial occupancy. UGAA’s partial or intermittent use of, or access to, one or more areas of the Project shall not be deemed to be acceptance of those areas and shall not begin warranty periods on equipment or components of the Work.
PARTIAL OCCUPANCY. Residence hall rental rates are based on your room being occupied at its normal capacity. During fall and spring semesters, if your room becomes occupied at less than normal capacity, you may be contacted by Residential Life to exercise one of the following choices:
i. Pay the additional rent for a private room.
ii. Request assignment to another room or to pull in a desired roommate into the unoccupied space.
iii. Identify that you are willing to accept a roommate at any time as directed by Residential Life, which includes leaving the open space available for move-in at all times.
PARTIAL OCCUPANCY. 9.2.1 The A/E shall assist the Contracting Authority and Owner (1) in determining dates of Partial Occupancy of the Work or portions thereof designated by the Owner and shall assist ; (2) in obtaining any certification required by Applicable Law; and (3) in providing written notice of the Partial Occupancy to the insurers providing builder’s risk property insurance for the Project.
