Common use of PARTIAL OCCUPANCY OR USE Clause in Contracts

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 Supplemental Agreement with the Prime Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.2(e) 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 Prime 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 Prime Contractor considers a portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime 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 Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. (b) Immediately prior to such partial occupancy or use, the Owner, Prime 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. (c) 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.

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 Supplemental Agreement with the Prime Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.2(e) 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 Prime 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 Prime Contractor considers a portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the the (a) progress of the Work shall be determined by written agreement between the Owner and Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. (b) Immediately prior to such partial occupancy or use, the Owner, Prime 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. (c) 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.

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 Supplemental Agreement with the Prime Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.2(e) 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 Prime 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 Prime Contractor considers a portion Substantially Completesubstantially complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer Architect as provided under Subparagraph 9.7(b)Section 9.8.2. Consent of the Prime 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 Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. The Contractor will reasonably cooperate with the Owner in allowing non-union FF&E contractors access to such portions of the Work. This paragraph does not authorize the Contractor to claim that any phase of the Work is substantially complete and proceed under Section 9.8.1. (b) 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Prime Contractor, Contractor and Architect/Engineer 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. (c) Unless otherwise agreed upon, partial 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.

PARTIAL OCCUPANCY OR USE. (a) tect sh e con r use all j ditio of a ments of t § 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 Supplemental Agreement agreement with the Prime Contractor, stage, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.2(e) Section 11.3.1.5 and authorized by public authorities having jurisdiction over the WorkProject. Such partial occupancy or use may commence whether or not the portion is Substantially Completesubstantially complete, provided the Owner and Prime 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 Prime Contractor considers a portion Substantially Completesubstantially complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer Architect as provided under Subparagraph 9.7(b)Section 9.8.2. Consent of the Prime 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 Prime Contractor or, if no agreement is reached, by decision of the Architect/EngineerArchitect.authorized by local authorities having jurisdiction over the Work. The Owner will accept responsibility for security, heat, air-conditioning, pro-rated utilities, damage to the Work, and provide its own insurance. Contractor will continue its own required insurance, including but not limited to builders risk, as specified elsewhere. (b) § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Prime Contractor, Contractor and Architect/Engineer shall jointly inspect Archi the area to be occupied or portion of the Work to be used in order to determine and record the condition of the th Work. (c) § 9.9.3 Unless otherwise agreed upon, expressly agreed upon in writing, partial occupancy or use of a portion or o portions of the Work shall not constitute acceptance of Work not complying with the requirements require Documents. ointly inspect n of the Contract Documents.portion or he Contract

PARTIAL OCCUPANCY OR USE. (a) The 9.8.1 Owner may shall have the right to use or occupy the Project, or use any completed or partially completed a portion thereof, prior to Substantial Completion of the Work under the following conditions: (1) Owner shall give Contractor at any stage when such least ten (10) days prior written notice of its intention to use or occupy the Project, or a portion is designated thereof. Prior to use or occupancy, Project Manager accompanied by separate Supplemental Agreement with Contractor will conduct an inspection of the Prime Contractorarea to be used or occupied; and based on this inspection, provided such occupancy the Project Manager will prepare a list of Work to be completed or corrected. Prior to use is consented to by the insurer as required under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Completeoccupancy, provided the Owner and Prime Contractor have accepted shall agree in writing the on their individual responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insuranceWork, and have agreed in writing concerning the period insurance for correction of the Work and commencement of warranties required by the Contract Documents. When the Prime Contractor considers a portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime 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 Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. (b) Immediately prior to such partial occupancy or use, the Owner, Prime Contractor, and Architect/Engineer shall jointly inspect the area to be used or occupied; (2) after occupancy, Owner will allow Contractor reasonable access to the occupied area to complete and correct the Work; (3) any Claims or portion an adjustment in the Contract Sum or an extension of the Work Contract Time because of Owner’s use or occupancy shall be made in writing to the Project Manager prior to such use or occupancy; (4) Contractor shall not be used in order held responsible for any damage to determine the occupied part of the Project resulting solely from Owner’s use or occupancy; and record (5) use or occupancy by Owner shall not be deemed to constitute a waiver of existing claims on behalf of Owner or Contractor against each other. 9.8.2 Owner shall have the condition right to install its signage, furnishings and equipment within the Project prior to Substantial Completion of the Work. Such installation shall not constitute occupancy, acceptance, or use by Owner. (c) 9.8.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute Substantial Completion or acceptance of Work not complying with the requirements of the Contract Documents.Contract

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 Supplemental Agreement with the Prime Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.2(e) 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 Prime 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 Prime Contractor considers a DocuSign Envelope ID: 0B2E709F-1B68-46D3-B102-6A54CF462BF3 portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime 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 Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. (b) Immediately prior to such partial occupancy or use, the Owner, Prime 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. (c) 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.