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.

Appears in 8 contracts

Samples: Construction Contract, Construction Manager at Risk Contract, Construction Manager at Risk Contract

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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, Subparagraph 11.3.11 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, 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 Subparagraph 9.8.

Appears in 3 contracts

Samples: Construction Contract (Digex Inc/De), Construction Contract (Monarch Casino & Resort Inc), Construction Contract (Digex Inc/De)

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, Clause 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 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 Subparagraph 9.8.

Appears in 3 contracts

Samples: Lease Agreement (Immunicon Corp), Construction Contract (Empire Resorts Inc), Standard Form of Agreement Between Owner and Contractor (Corixa Corp)

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 ContractorConstruction Manager or in accordance with the Contract Documents, provided such occupancy or use is consented to by the insurer as required under Paragraph 11.3.1.5, the surety, OCIP 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 Construction Manager have accepted in writing the responsibilities assigned to each of them for payments, retainage, 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 Construction Manager considers a portion substantially complete, the Contractor Construction Manager shall prepare and submit a list to the Architect as provided under Paragraph 9.8Subparagraph 9.

Appears in 2 contracts

Samples: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)

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, Subparagraph 11.3.11 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 fur payments, retainage, 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 and Development Manager shall jointly prepare and submit a list to the Architect as provided under Paragraph Subparagraph 9.8.

Appears in 1 contract

Samples: Construction Contract (Symantec Corp)

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PARTIAL OCCUPANCY OR USE. 9.9.1 The Owner may occupy occupy, or use 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, Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy occupancy, or use use, may commence whether or not the portion is substantially complete, complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, 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, or the Owner notifies the Contractor shall prepare and submit of intent to occupy or use a list to the Architect as provided under Paragraph 9.8.portion of

Appears in 1 contract

Samples: Architectural 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 Contractor, Contractor provided such occupancy or use is consented to by the insurer as required under Paragraph 11.3.1.5, the surety, Subparagraph 11.2.5 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 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 Subparagraph 9.8.

Appears in 1 contract

Samples: General Contract

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