Partial Occupancy and Use Sample Clauses

Partial Occupancy and Use. Prior to Contractor’s achieving Substantial Completion, Owner may occupy or use all or any portion of the Work then capable of functioning safely, provided that such occupancy or use is authorized by the Governmental Instrumentality and Owner’s insurance company or companies providing property insurance and builder’s risk coverage have consented to such partial occupancy or use. Contractor shall assist Owner and take reasonable steps in obtaining consent of the insurance company or companies and applicable Government Instrumentalities. Immediately prior to such partial occupancy or use, 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 and all personnel and environmental safety aspects of the Work. Such occupancy or use shall not in any way release Contractor or any surety of Contractor from any obligations or liabilities pursuant to this Agreement, including the obligation to engineer, procure and construct the Facility in accordance with all requirements of this Agreement; provided, however, Contractor shall be entitled to a Change Order for an extension to the Key Milestone Schedule, Guaranteed Substantial Completion Date and Required Final Completion Date, and adjustment to the Contract Price, to the extent Owner’s partial occupancy or use of the Facility delays the prosecution or completion of the Work, or increases Contractor’s cost of performing the Work, and Contractor satisfies the requirements for such time extension and Contract Price adjustment pursuant to Section 6.8. Such occupancy or use shall not be deemed to be an acceptance by Owner of such portion of the Facility.
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Partial Occupancy and Use. Owner shall have the right to occupy and use the Work at any time prior to Substantial Completion, provided that Contractor’s insurance company or companies providing property insurance and builder’s risk coverage have consented to such partial occupancy or use. Contractor shall take reasonable steps in obtaining consent of the insurance company or companies.
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Partial Occupancy and Use. Owner shall have the right to occupy and use the Work at any time prior to Mechanical Completion.
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Partial Occupancy and Use. Prior to Contractor achieving Substantial Completion of a Subproject, Owner may, upon written notice to Contractor and upon the Parties’ mutual agreement, take care, custody and control of and use each of the BOG Compressor and the Instrument Air Compressor when each such Equipment is capable of functioning safely, provided that such use is authorized by the Governmental Instrumentality and Owner’s insurance company or companies providing property insurance and builder’s risk coverage have consented to such partial use and Owner shall insure the BOG Compressor and the Instrument Air Compressor immediately upon taking care, custody and control. Contractor shall assist Owner and take reasonable steps in obtaining consent of the insurance company or companies and applicable Governmental Instrumentalities. Immediately prior to such transfer of care, custody and control and use, Owner and Contractor shall jointly inspect the applicable BOG Compressor and Instrument Air Compressor to be used in order to determine and record the condition of the applicable BOG Compressor and the Instrument Air Compressor and all personnel and environmental safety aspects of the applicable BOG Compressor and the Instrument Air Compressor. Upon such transfer of care, custody and control to Owner, Owner shall bear the full risk of physical loss and damage to the applicable BOG Compressor and Instrument Air Compressor transferred to Owner; provided, however, notwithstanding the foregoing, Contractor shall remain fully responsible and liable to Owner for its Warranty and Corrective Work obligations under this Agreement. The Defect Correction Period for the applicable BOG Compressor and Instrument Air Compressor shall commence upon Owner taking care, custody and control of the applicable BOG Compressor and Instrument Air Compressor and end eighteen (18) months thereafter (subject to Section 12.3B). Contractor’s agreement to transfer care, custody and control of the BOG Compressor and the Instrument Air Compressor does not prejudice Contractor’s right to a Change Order in accordance with Section 6.2A.2 and 8.2D.
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Partial Occupancy and Use. Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated as Substantially Complete pursuant to the Contract Documents, or upon Owner’s written request, provided such occupancy or use is consented to by insurers and authorized by Governmental Authorities.‌ .1 Immediately prior to such partial occupancy or use, the Project Team 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. .2 Partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Defective Work.
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Partial Occupancy and Use. 13 23.0 COOPERATION WITH OTHERS.................................... 13
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Partial Occupancy and Use. Owner shall have the right to take possession of any substantially completed portion of the Work so long as Owner has accepted such portion of the Work as satisfying Substantial Completion and any such possession shall not hinder timely completion of the Work. Such partial occupancy and use shall not imply final acceptance by Owner of such portion nor shall it relieve Developers of the obligation to complete all of the Work strictly in accordance with the requirements of this Agreement.
Sample 1
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Partial Occupancy and Use. Owner shall have the right to occupy and use the Work at any time prior to Mechanical Completion, provided that such occupancy or use is authorized by any applicable Governmental Instrumentality, and Owner’s insurance company or companies providing property insurance and builder’s risk coverage have consented to such partial occupancy or use. Immediately prior to such partial occupancy or use, 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 and all personnel and environmental safety aspects of the Work..
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Related to Partial Occupancy and Use

  • PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Paragraph 11.3.1.5, the surety, and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have 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 for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Paragraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. 9.9.2 Immediately prior to partial occupancy or use, the Owner, Contractor and Architect 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. 9.9.3 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.

  • Occupancy and Use The premises shall be used solely as a dwelling for Tenants(s) and for no others and no others may spend amounts of time on the premises so as to disturb other Tenants. Tenant agrees not to use or permit the use of the premises for unlawful or immoral purposes. Tenant agrees to keep the premises clean, sanitary and in good order, and agrees not to hamper, disturb or interfere with other tenants in the building or apartment, not to create or suffer any nuisances in the premises affecting the rights of others, and agrees to comply with all laws, ordinances, rules, regulations and directions of governmental authorities. Upon termination of this Lease, Tenant agrees to surrender possession in as good condition and repair as when received, ordinary wear and tear accepted.

  • Early Occupancy If Tenant occupies the Property prior to the Commencement Date, Tenant's occupancy of the Property shall be subject to all of the provisions of this Lease. Early occupancy of the Property shall not advance the expiration date of this Lease. Tenant shall pay Base Rent and all other charges specified in this Lease for the early occupancy period.

  • NUMBER OF OCCUPANTS Tenant agrees that the House shall be occupied by no more than [Total Number of Occupants] persons, including no more than [Maximum Number of Children] under the age of eighteen (18) years, without the prior written consent of Landlord.

  • Ready for Occupancy For purposes of Section 1.3.2 of this Agreement, the Premises shall be deemed “Ready for Occupancy” upon the substantial completion of the Tenant Improvement Work. Subject to Section 4.2 below, the Tenant Improvement Work shall be deemed to be “substantially complete” upon the completion of the Tenant Improvement Work pursuant to the Approved Construction Drawings (as reasonably determined by Landlord), with the exception of any details of construction, mechanical adjustment or any other similar matter the non-completion of which does not materially interfere with Tenant’s use of the Premises.

  • Maximum Occupancy No more than two (2) guests per one (1) resident (who is present) are permitted in a student room/suite/apartment at any given time unless otherwise approved by the University (Residential Life).

  • Certificate of Occupancy The Contractor’s obligation under the Contract is to install the Work in accordance with the Contract Documents, obtain the Certificate of Occupancy from the State Fire Marshal or his deputy, and forward it to the Design Professional as a part of the final close out procedures. The Design Professional’s obligation is to design the Work to comply with the applicable codes and to qualify for a Certificate of Occupancy.

  • Conditions of Occupancy The Resident may not occupy a Room, unless (i) the Resident is currently enrolled and maintaining status as a full- time student in good standing at the Institution; (ii) this Agreement is executed by all parties; (iii) all Residence Fees then due and payable are paid in full as stated in section 2.03; (iv) the Manager has designated a Room for the Resident and (v) the Resident meets any additional conditions to occupancy established by the Institution, including any vaccination conditions.

  • Licence to Occupy Premises A5.1 Any land or Premises made available to the Contractor by the Authority in connection with the Contract, shall be made available to the Contractor on a non-exclusive licence basis free of charge and shall be used by the Contractor solely for the purpose of performing its obligations under the Contract. The Contractor shall have the use of such land or Premises as licensee and shall vacate the same on completion, termination or abandonment of the Contract.

  • Expansion Premises In addition to the Original Premises, commencing on the Expansion Premises Commencement Date (as defined below), Landlord leases to Tenant, and Tenant leases from Landlord, the Expansion Premises.

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