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Common use of PARTIAL OCCUPANCY OR USE Clause in Contracts

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.

Appears in 16 contracts

Samples: Contract for Construction, Contract for Construction, Contract for Construction

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 ContractorDesign-Builder, provided such occupancy or use is consented to to, by endorsement or otherwise, by the insurer as required under Paragraph 11.3.1.5, the surety, providing property insurance 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 Design-Builder 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 Design-Build Documents. When the Contractor Design-Builder considers a portion substantially complete, the Contractor Design-Builder shall prepare and submit a list to the Architect Owner as provided under Paragraph Section 9.8.2. Consent of the Contractor Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Owner and Architect Design-Builder 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 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 Design-Build Documents.

Appears in 16 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

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 Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor 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 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.

Appears in 13 contracts

Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor, Construction Contract, Construction Contract

PARTIAL OCCUPANCY OR USE. 9.9.1 § 10.9.1 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 ContractorCM/GC, 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 CM/GC 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 CM/GC considers a portion substantially complete, the Contractor CM/GC shall prepare and submit a list to the Architect Design Professional as provided under Paragraph 9.8.2Section 10.8.2. Consent of the Contractor CM/GC to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and CM/GC or, if no agreement is reached, by decision of the Design Professional. 9.9.2 § 10.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor CM/GC and Architect Design Professional 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 § 10.9.3 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.

Appears in 6 contracts

Samples: Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement

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, Section 11.3.1.5 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 Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such 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 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.

Appears in 4 contracts

Samples: Construction Contract, Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Contractor (STAMPS.COM Inc)

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 11.3.1.511.4.1.5, the suretybelow, and authorized by public authorities having jurisdiction over the ProjectWork. 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 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 Architect/Engineer as provided under in Paragraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between Owner and Contractor. §9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Contractor, and Architect Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work work to be used in order to determine and record the condition of the Work. §9.9.3 Partial 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.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

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 ContractorDesign-Builder, provided such occupancy or use is consented to to, by endorsement or otherwise, by the insurer as required under Paragraph 11.3.1.5, the surety, providing property insurance 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 Design-Builder 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 Design-Build Documents. When the Contractor Design-Builder considers a portion substantially complete, the Contractor Design-Builder shall prepare and submit a punch list to the Architect Owner as provided under Paragraph Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Owner and Architect Design-Builder shall jointly inspect observe 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 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 Design-Build Documents.

Appears in 1 contract

Samples: Design Build Contract

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 ContractorDBC, provided such occupancy or use is consented to to, by endorsement or otherwise, by the insurer as required under Paragraph 11.3.1.5, the surety, providing property insurance 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 DBC 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 Design-Build Documents. When the Contractor DBC considers a portion substantially complete, the Contractor DBC shall prepare and submit a list to the Architect Owner as provided under Paragraph Section 9.8.2. Consent of the Contractor DBC to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and DBC. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Owner and Architect DBC 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 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 Design-Build Documents.

Appears in 1 contract

Samples: Design Build Agreement

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, Section 11.3.1.5 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 Owner as provided under Paragraph Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Owner and 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 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.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor

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, Section 11.4.1.5 and authorized by public authorities having jurisdiction over the ProjectWork. 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 such Work and insurance, and have agreed in writing concerning the period for correction of the such 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 Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work to be completed for a Phase shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such 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 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work to be completed for a Phase shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

Appears in 1 contract

Samples: Construction Contract (Sierra Pacific Resources /Nv/)

PARTIAL OCCUPANCY OR USE. A. 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 ContractorDesign-Builder, provided such occupancy or use is consented to by the insurer as insurer, if so required under Paragraph 11.3.1.5, by the suretyinsurer, and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor Design-Builder 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 completion or correction of the Work and commencement of warranties required by the Contract Design-Build Documents. When the Contractor Design-Builder considers a portion substantially complete, the Contractor Design-Builder shall prepare and submit a list to the Architect Owner as provided under Paragraph 9.8.2Section A.9.8.2. Consent of the Contractor Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Owner and Architect Design-Builder 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.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

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, Section 11.3.1.5 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 Design Agent as provided under Paragraph Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Design Agent. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect Design Agent 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 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.

Appears in 1 contract

Samples: Project Manual

PARTIAL OCCUPANCY OR USE. 9.9.1 {00299746;1} Public Improvement General Conditions (06/30/2017) 3.1 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 Contractorstage, 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 ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have reasonably accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, insurance or self-insurance, maintenance, heat, utilities, and damage to the Work and insuranceWork, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract DocumentsDocuments with respect to such portion of the Work. 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 Approval by the Contractor to partial occupancy or use shall not be unreasonably withheld. 9.9.2 . Immediately prior to such partial occupancy or use, the Owner, Owner and Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order o r d e r 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.

Appears in 1 contract

Samples: Construction Contract

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, Section 11.3.1.5 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 Engineer as provided under Paragraph Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect Engineer 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 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.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner Manager 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 ContractorDesign-Builder, provided such occupancy or use is consented to to, by endorsement or otherwise, by the insurer as required under Paragraph 11.3.1.5, the surety, providing property insurance 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 Manager and Contractor Design-Builder 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 Design-Build Documents. When the Contractor Design-Builder considers a portion substantially complete, the Contractor Design-Builder shall prepare and submit a list to the Architect Owner Manager as provided under Paragraph Section 9.8.2. Consent of the Contractor Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner Manager and Design-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Owner Manager and Architect Design-Builder 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 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 Design-Build Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

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 ContractorDesign-Builder, provided such occupancy or use is consented to to, by endorsement or otherwise, by the insurer as required under Paragraph 11.3.1.5, the surety, providing property insurance 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 Design-Builder 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 Design-Build Documents. When the Contractor Design-Builder considers a portion substantially complete, the Contractor Design-Builder shall prepare and submit a list Punch Listt to the Architect Owner as provided under Paragraph Section 9.8.2. Consent of the Contractor Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design- Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Owner and Architect Design-Builder 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 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 Design-Build Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

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, Section 11.3.1.5 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 Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by dispute resolution in accordance with the Contract. § 9.9.2 Immediately prior to such 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 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.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner Manager 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 ContractorDesign-Builder, provided such occupancy or use is consented to to, by endorsement or otherwise, by the insurer as required under Paragraph 11.3.1.5, the surety, providing property insurance 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 Manager and Contractor Design-Builder 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 Design-Build Documents. When the Contractor Design-Builder considers a portion substantially complete, the Contractor Design-Builder shall prepare and submit a list to the Architect Manager as provided under Paragraph Section 9.8.2. Consent of the Contractor Design-Builder to partial occupancy or use shall not be unreasonably withheld.. The § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor Manager and Architect Design-Builder 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 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 Design-Build Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder