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 Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer 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 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 Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the 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 and 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 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 Design-Build Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect as provided under Section Paragraph 9.8.2. Consent of the Design-Builder 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 Design-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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 Unless otherwise agreed upon, partial 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 Design-Build Contract Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor, and Design-Builder 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 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 Design-Build Contract Documents.

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 Design-BuilderCM/GC, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder CM/GC considers a portion substantially complete, the Design-Builder CM/GC shall prepare and submit a list to the Owner Design Professional as provided under Section 9.8.210.8.2. Consent of the Design-Builder 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 Design-BuilderCM/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 Owner, CM/GC and Design-Builder 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 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 Design-Build Contract Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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 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 Design-Build Contract Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Paragraph 11.4.1.5, below, 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect/Engineer as provided under Section in Paragraph 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor. § §9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor, and Design-Builder 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 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 Design-Build Contract Documents.

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 Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer 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 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 Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a punch list to the Owner as provided under Section 9.8.2. Consent of the 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 and 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 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 Design-Build Documents.

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 Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance insurer, if so required by the insurer, 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 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 Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2A.9.8.2. Consent of the 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 and 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 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 Design-Build Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Design Agent as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor 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 Owner, Contractor and Design-Builder 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 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 Design-Build Contract Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Engineer as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor or, if no agreement is reached, by decision of the Engineer. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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 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 Design-Build Contract Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 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 Design-Build Contract Documents.

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 Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer 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 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 Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner Manager as provided under Section 9.8.2. Consent of the 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.The § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Manager and 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 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 Design-Build Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor 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 Owner, Contractor and Design-Builder 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 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 Design-Build Contract Documents.

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 Design-BuilderDBC, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer 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 Design-Builder 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 Design-Build Documents. When the Design-Builder DBC considers a portion substantially complete, the Design-Builder DBC shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderDBC. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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 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 Design-Build Documents.

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 Design-Builderstage, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized to 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 Design-Builder 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 Design-Build Documents. When the Design-Builder considers a Contract Documents with respect to such portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder Work. Approval by 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 Design-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder Contractor 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 Unless otherwise agreed upon, partial . 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 Design-Build Contract Documents.

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 Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under 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 Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect as provided under Section 9.8.2. Consent of the Design-Builder 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 Design-BuilderContractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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 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 Design-Build Contract Documents.