Partial Use or Occupancy Sample Clauses

Partial Use or Occupancy. Section 4.12.1 The Department 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 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 Department 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 PM as provided under Section

Partial Use or Occupancy. A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance.

Partial Use or Occupancy. Section 3.12.1 The Department 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 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 Department 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 punch list to the Project Manager. Consent of 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 Department and Contractor or, if no agreement is reached, by decision of the Project Manager. Section 3.12.2 Immediately prior to such partial occupancy or use, the Department, Contractor and Project Manager 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. Section 3.12.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work that does not comply with the requirements of the Contract Documents.

Partial Use or Occupancy. Partial to use or occupancy of the Project shall not result in the Project being deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion.

Partial Use or Occupancy. 15.1 CONTRACTOR and Customer may use and occupy any portion of the Work. Such partial use or occupancy shall not imply an acceptance by CONTRACTOR or Customer of that or any other portion of the Work.

Partial Use or Occupancy. 10.1 TOWN may use and occupy any portion of the Work. Such partial use or occupancy shall not imply an acceptance by TOWN of that or any other portion of the Work and shall not relieve CONTRACTOR of the obligation to complete all of the Work strictly in accordance with the CONTRACT.

Partial Use or Occupancy. A. The Owner shall have the right to use and occupy spaces or systems and other portions of the Work prior to completion and acceptance of all the Work (including occupancy by a tenant, operator or anyone else occupying or using the Project with the Owner’s consent, or to install furnishings and equipment). In addition, the Owner shall have the right to accept and operate Project systems in advance of Substantial Completion. B. If the Owner desires to exercise its right of partial occupancy or use as provided herein, the Contractor shall cooperate with the Owner in making available for the Owner’s use building services such as heating, ventilating, cooling, water, lighting, power, elevator and telephone for the proposed use and health, safety and comfort of the users or occupants of the space or spaces and other parties present on or entering or leaving the site. If the equipment required to furnish such services is not entirely completed at the time the Owner desires to use or occupy aforesaid space or spaces, the Contractor shall make every reasonable effort to complete the same as soon as possible so that the necessary equipment can be put into operation and use. C. Mutually acceptable arrangements shall be made between the Owner and Contractor for procedures, terms, and conditions governing the operation and maintenance of such services and facilities as may be utilized for the benefit of the Owner prior to Substantial Completion. The Owner will assume the proportionate and reasonable responsibility for operation and cost of the systems, equipment and/or utilities required to provide such services. D. The Owner’s early occupancy or use of any portion of the Work as described in this Article 15 shall not constitute the Owner’s acceptance of any Work, materials or equipment which are not in conformity with the requirements of the Contract Documents, nor relieve the Contractor from its obligations to complete the Work, or its responsibility for loss or damage due to or arising out of defects in, or malfunctioning of systems, equipment, material or any element of the Work, or from any unfulfilled obligations or responsibilities under the Contract Documents. E. The Contractor shall make no claim for delay or extension of the Contract Time or for damages of any kind arising directly or indirectly out of the exercise by the Owner of the rights reserved under this Article 15.