Partial Utilization. A. Use by OWNER at OWNER’s option of 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, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.
1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 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 there- for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graph 14.04 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.
2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance.
Partial Utilization. A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
Partial Utilization. Prior to Final Payment, County may notify Contractor in writing of its desire to use a specified part of the Project which it believes it may use without significant interference with construction of the other parts of the Project. If Contractor agrees, it will certify to County that said part of the Project is Substantially Complete and request County to issue a notice of Substantial Completion for that part of the Project. Within a reasonable time thereafter County, Contractor and CEI or A/E shall make an inspection of that part of the Project to determine its status of completion. If CEI or A/E does not consider that it is Substantially Complete, it will notify the County and Contractor in writing giving its reasons therefore. If CEI or A/E, County, and Contractor consider that part of the Project to be Substantially Complete, the CEI or A/E will execute and deliver to County and Contractor a notice of that effect, establishing the date of Substantial Completion as to that part of the Project, attaching County shall have the right to exclude Contractor from any part of the Project which CEI or A/E has so certified to be Substantially Complete, but County shall allow Contractor reasonable access to complete or correct items on the list of incomplete items / punch list.
Partial Utilization. The City may request, in writing, the use of any part of the Work which may be used without significant interference with construction of other parts of the Work. If the City requests use of any part of the Work prior to Substantial Completion of all the Work, the City will issue to the Design-Builder a letter granting Substantial Completion for that portion of the Work with a list of items to be completed or corrected. The City will assume responsibility for security, safety, operation, maintenance, and utilities for that part of the Work while it is being used by or under the control of the City.
Partial Utilization. Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.
Partial Utilization. 7.7.1 The County may occupy or use any portion of the Work which the County and the Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the County without significant interference with the Contractor’s performance of the remainder of the Work. Such use or occupancy may commence whether or not the portion is substantially complete, provided the County and the Contractor have accepted in writing their mutual responsibilities regarding the used portion, including but not limited to insurance coverage, maintenance and utilities.
7.7.2 Partial use or occupancy of the Work by the County shall not constitute acceptance of Work not complying with the requirements of the Contract.
Partial Utilization. Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work.
Partial Utilization. A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 17.12 for this part of the Work.
B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6.
Partial Utilization. 6.4.1 City at City’s option may use and occupy any substantially completed parts of the Work which has specifically been identified in the Agreement Documents, or which City, the Design Professional and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose, without significant interference with Contractor’s performance of the remainder of the Work, provided, however, if the portion of the Work to be used or occupied has not been found to be substantially complete, City must do so in accordance with Section 6.3 prior to such occupancy.
6.4.2 In lieu of the issuance of a Certificate of Substantial Completion as to part of the Work, City may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided that prior to any such takeover, City and Contractor agree in writing as to the division of responsibilities between City and Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect to such facility.
6.4.3 Substantial Completion of or City's beneficial occupancy of a part of the Project will not alter the fact that the one-year warranty for the whole Project starts at the date of Final Completion of the whole Project.
Partial Utilization. Use by OWNER at OWNER’s option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ARCHITECT, 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, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.
