Common use of PARTIAL OCCUPANCY OR USE Clause in Contracts

PARTIAL OCCUPANCY OR USE. 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 the insurer of the Project and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provided the Owner and the Design/Builder have accepted in writing the responsibilities assigned to each of them for payment, 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. Immediately prior to such prior occupancy, the Owner and the Design/Builder shall jointly inspect the area to be occupied in order to determine and record the condition of the Work. Unless otherwise agreed, partial occupancy or use of a portion of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

PARTIAL OCCUPANCY OR USE. (a) 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 the insurer of the Project and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Completesubstantially complete, provided the Owner and the Design/Builder Contractor have accepted in writing the responsibilities assigned to each of them for paymentpayments, 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. . (b) Immediately prior to such prior occupancypartial occupancy or use, the Owner Owner, Contractor and the DesignArchitect/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. . (c) Unless otherwise agreedagreed 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.