Common use of USE AND POSSESSION PRIOR TO COMPLETION Clause in Contracts

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any Work, the HISD Issuing Authority shall furnish the Contractor a list of items of Work remaining to be performed or corrected on those portions of the Work that HISD intends to take possession of or use. However, failure of the HISD Issuing Authority to list any item of Work shall not relieve the Contractor of responsibility for complying with the terms of this Contract. HISD’s possession or use shall not be deemed an acceptance of any Work under this Contract. B. While HISD has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the Work resulting solely from HISD’s possession or use, notwithstanding the terms of the Article in this Contract entitled “Permits and Responsibilities”. If prior possession or use by HISD delays the progress of the Work or causes additional expense to the Contractor, an equitable adjustment may be made in the Job Order price or the time of completion, and the Job Order may be modified in writing accordingly.

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD The Exchange shall have the right to take possession of or use any completed or partially completed part of the Workwork. Before taking Prior to such possession of or using any Workuse, the HISD Issuing Authority contracting officer shall furnish the Contractor a contractor an itemized list of items of Work work remaining to be performed or corrected on those such portions of the Work project as are to be possessed or used by the Exchange, provided that HISD intends to take possession of or use. However, failure of the HISD Issuing Authority to list any item of Work work shall not relieve the Contractor contractor of responsibility for complying compliance with the terms of this Contractthe contract. HISD’s Such possession or use shall not be deemed an acceptance of any Work work under this Contract. B. the contract. While HISD the Exchange has such possession or use, the Contractor contractor, notwithstanding the provisions of the clause of this contract entitled "Permits and Responsibilities," shall be relieved of the responsibility for the loss of or damage to the Work work resulting solely from HISD’s the Exchange's possession or use, notwithstanding the terms of the Article in this Contract entitled “Permits and Responsibilities”. If such prior possession or use by HISD the Exchange delays the progress of the Work work, or causes additional expense to the Contractorcontractor, an equitable adjustment may be made in the Job Order contract price or the time of completion, completion will be made and the Job Order may contract shall be modified in writing accordingly.

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD 33.1 The OWNER shall have the right to take possession of or use any completed or partially completed part of the Workwork. Before taking possession of or using any Workwork, the HISD Issuing Authority OWNER shall furnish the Contractor a list of items of Work work remaining to be performed or corrected on those portions of the Work work that HISD the OWNER intends to take possession of or use. However, failure of the HISD Issuing Authority OWNER to list any item of Work work shall not relieve the Contractor of responsibility for complying with the terms of this Contractthe contract. HISD’s The OWNER'S possession or use shall not be deemed an acceptance of any Work work under this Contract.the contract B. 33.2 While HISD the OWNER has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the Work work resulting solely directly from HISD’s the OWNER'S possession or use, notwithstanding the terms of the Article in this Contract entitled “Permits and Responsibilities”. If prior possession or use by HISD the OWNER delays the progress of the Work work or causes additional expense to the Contractor, an equitable adjustment may shall be made in the Job Order price or contract price, the time of completioncompletion or both, and the Job Order may contract shall be modified in writing accordingly.

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD The Authority shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any completed or partially completed Work, the HISD Issuing Authority Contracting Officer shall furnish the Contractor a list of items of Work remaining to be performed or corrected on those portions of the Work that HISD the Authority intends to take possession of or use. However, failure of the HISD Issuing Authority Contracting Officer to list any item of Work shall not relieve the Contractor of responsibility for complying with the terms of this the Contract. HISDThe Authority’s possession or use shall not be deemed an acceptance of any Work under this the Contract. B. . While HISD the Authority has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the Work resulting solely from HISDthe Authority’s possession or use, notwithstanding the terms of the Article in this Contract Exhibit E-Revised-5, Paragraph entitled “Permits and ResponsibilitiesPermits”. If prior possession or use by HISD the Authority delays the progress of the Work or causes additional expense to the Contractor, an equitable adjustment may shall be made in the Job Order price Contract Sum or the time of completion, and the Job Order may Contract shall be modified in writing accordingly.

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD (APR 1984) (a) The Government shall have the right to take possession of or use any completed or partially completed part of the Workwork. Before taking possession of or using any Workwork, the HISD Issuing Authority Contracting Officer shall furnish the Contractor a list of items of Work work remaining to be performed or corrected on those portions of the Work work that HISD the Government intends to take possession of or use. However, failure of the HISD Issuing Authority Contracting Officer to list any item of Work work shall not relieve the Contractor of responsibility for complying with the terms of this Contractthe contract. HISD’s The Government's possession or use shall not be deemed an acceptance of any Work work under this Contractthe contract. B. (b) While HISD the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the Work work resulting solely from HISD’s the Government's possession or use, notwithstanding the terms of the Article clause in this Contract contract entitled “"Permits and Responsibilities”. ." If prior possession or use by HISD the Government delays the progress of the Work work or causes additional expense to the Contractor, an equitable adjustment may shall be made in the Job Order contract price or the time of completion, and the Job Order may contract shall be modified in writing accordingly.. (End of clause)

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD Owner shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any Workwork, the HISD Issuing Authority Owner shall furnish the Contractor a list of items of Work work remaining to be performed or corrected on those portions of the Work that HISD Owner intends to take possession of or use. However, failure of the HISD Issuing Authority Owner to list any item of Work work shall not relieve the Contractor of responsibility for complying with the terms of this Contract. HISD’s Owner possession or use shall not be deemed an acceptance of any Work work under this Contract. B. While HISD Owner has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the Work resulting solely from HISD’s Owner's possession or use, notwithstanding the terms of the Article in this Contract entitled “"Permits and Responsibilities”. ." If prior possession or use by HISD Owner delays the progress of the Work or causes additional expense to the Contractor, an equitable adjustment may shall be made in the Job Order price or the time of completion, and the Job Order may shall be modified in writing accordingly.

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD (a) The Authority shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any completed or partially completed Work, the HISD Issuing Authority Contracting Officer shall furnish the Contractor a list of items of Work remaining to be performed or corrected on those portions of the Work that HISD the Authority intends to take possession of or use. However, failure of the HISD Issuing Authority Contracting Officer to list any item of Work shall not relieve the Contractor of responsibility for complying with the terms of this Contractthe Contract Modification. HISD’s The Authority's possession or use shall not be deemed an acceptance of any Work under this Contractthe Contract Modification. B. (b) While HISD the Authority has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the Work resulting solely from HISD’s the Authority's possession or use, notwithstanding the terms of the Article in this Contract Exhibit E, Paragraph entitled “Permits and ResponsibilitiesPermits”. If prior possession or use by HISD the Authority delays the progress of the Work or causes additional expense to the Contractor, an equitable adjustment may shall be made in the Job Order price Contract Modification Sum or the time of completion, and the Job Order may Contract Modification shall be modified in writing accordingly.