Common use of PARTIAL OCCUPANCY OR USE Clause in Contracts

PARTIAL OCCUPANCY OR USE. 14.27.1 The City 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 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 City and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, 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 Design-Builder considers a portion Substantially Complete, the Design-Builder shall prepare and submit a list to the City, per Section 14.26. 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 City and Design-Builder or, if no such agreement is reached, by authority having jurisdiction. 14.27.2 Immediately prior to such partial occupancy or use, the City and Design-Builder shall jointly inspect the area to be occupied or portion of the Work to be used to determine and record the condition of the Work. 14.27.3 Unless otherwise agreed upon, 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. 14.27.1 § 9.9.1 The City 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 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 City Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat 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 warranties required by the Contract Documents. When the Design-Builder Contractor considers a portion Substantially Completesubstantially complete, the Design-Builder Contractor shall prepare and submit a list to the City, per Architect as provided under Section 14.269.8.2. 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 agreement between the City Owner and Design-Builder Contractor or, if no such agreement is reached, by authority having jurisdictiondecision of the Architect. 14.27.2 § 9.9.2 Immediately prior to such partial occupancy or use, the City 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. 14.27.3 § 9.9.3 Unless otherwise agreed uponupon in writing by Owner, 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. 14.27.1 8.43.1 The City 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- BuilderConstruction Manager, provided such occupancy or use is consented to by the insurer 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 City and Design-Builder Construction Manager have accepted in writing the responsibilities assigned to each of them for payments, retainage, 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 Design-Builder Construction Manager considers a portion Substantially Complete, the Design-Builder Construction Manager shall prepare and submit a list to the Architect and the City, per Section 14.268.40. Consent of the Design-Builder Construction Manager to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written Agreement agreement between the City and Design-Builder Construction Manager or, if no such agreement is reached, by authority having jurisdiction. 14.27.2 8.43.2 Immediately prior to such partial occupancy or use, the City City, Construction Manager, and Design-Builder Architect shall jointly inspect the area to be occupied or portion of the Work to be used to determine and record the condition of the Work. 14.27.3 8.43.3 Unless otherwise agreed upon, 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. 14.27.1 8.33.1 The City 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- BuilderConstruction Manager, provided such occupancy or use is consented to by the insurer 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 City and Design-Builder Construction Manager have accepted in writing the responsibilities assigned to each of them for payments, retainage, 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 Design-Builder Construction Manager considers a portion Substantially Complete, and the Design-Builder City desires to accept the use of that portion of the Work, the Construction Manager shall prepare and submit a list to the Designer and the City, per Section 14.267.3.1. Consent of the Design-Builder Construction Manager to partial occupancy or use shall not be unreasonably withheld, and the rate of liquidated damages for remaining Work shall be set. The stage of the progress of the Work shall be determined by written Agreement agreement between the City and Design-Builder Construction Manager or, if no such agreement is reached, by authority having jurisdictionthrough the disputes procedures of this Agreement. 14.27.2 8.33.2 Immediately prior to such partial occupancy or use, the City City, Construction Manager, and Design-Builder Designer shall jointly inspect the area to be occupied or portion of the Work to be used to determine and record the condition of the Work. 14.27.3 8.33.3 Unless otherwise agreed upon, 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. 14.27.1 9.9.1 The City 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 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 City Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainageretainage if any, security, maintenance, heat 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 warranties required by the Contract Documents. When the Design-Builder Contractor considers a portion Substantially Completesubstantially complete, the Design-Builder Contractor shall prepare and submit a list to the City, per Section 14.26Architect as provided under Subparagraph 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 agreement between the City Owner and Design-Builder Contractor or, if no such agreement is reached, by authority having jurisdictiondecision of the Architect. 14.27.2 9.9.2 Immediately prior to such partial occupancy or use, the City 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. 14.27.3 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 Contract Documents.

PARTIAL OCCUPANCY OR USE. 14.27.1 13.6.1 The City Town 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- Design-Builder, provided such occupancy or use is consented to to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the WorkProject. Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provided the City Town and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat 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 warranties required by the Contract Design-Build Documents. When the Design-Builder considers a portion Substantially Complete, the Design-Builder shall prepare and submit a list to the City, per Town as provided under Section 14.2613.6.2. 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 agreement between the City Town and Design-Builder or, if no such agreement is reached, by authority having jurisdictionBuilder. 14.27.2 13.6.2 Immediately prior to such partial occupancy or use, the City Town and Design-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. 14.27.3 13.6.3 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 Design-Build Documents.

PARTIAL OCCUPANCY OR USE. 14.27.1 9.9.1 The City 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 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 City Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, security, maintenance, heat 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 warranties required by the Contract Documents. When the Design-Builder Contractor considers a portion Substantially Completesubstantially complete, the Design-Builder Contractor shall prepare and submit a list to the City, per Architect as provided under Section 14.269.8.2. 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 agreement between the City Owner and Design-Builder Contractor or, if no such agreement is reached, by authority having jurisdictiondecision of the Architect. 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. 14.27.2 9.9.2 Immediately prior to such partial occupancy or use, the City 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. 14.27.3 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.