Partial Occupancy and Use Sample Clauses
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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.
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.
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.
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.
Partial Occupancy and Use. Prior to Contractor 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 applicable Governmental 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 a fully operational Project within the required times set forth in the Milestone Dates and otherwise in accordance with all requirements of this Agreement, nor shall such occupancy or use be deemed to be an acceptance by Owner of such portion of the Work. However, to the extent such occupancy or use causes delays to the Work of the Contractor, Contractor shall be entitled to an extension of time and an increase in the Contract Price due to such delay to the extent permitted in Section 6.8. Without limitation of the foregoing, but subject to Contractor’s right to seek an extension of time as described in this Section 12.7, Contractor shall be liable for any and all Delay Liquidated Damages for failing to achieve Substantial Completion as set forth in this Agreement, regardless of whether Owner is using or occupying a portion of the Work.
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.
Partial Occupancy and Use. 13 23.0 COOPERATION WITH OTHERS.................................... 13
Partial Occupancy and Use. Owner shall have the right to occupy and use the Work at any time prior to Mechanical Completion.
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..