Use Before Acceptance Date Clause Samples
The 'Use Before Acceptance Date' clause defines the conditions under which a party may use goods, services, or intellectual property prior to their formal acceptance under a contract. Typically, this clause outlines any limitations, responsibilities, or liabilities associated with such early use, such as requiring the user to report defects or restricting use to testing purposes only. Its core function is to clarify the rights and obligations of both parties during the interim period before official acceptance, thereby reducing disputes and managing risk related to pre-acceptance use.
Use Before Acceptance Date. Buyer shall not operate or assume control of all or a portion of the Work prior to the Substantial Completion Date; provided, however, that in no event shall Buyer be limited in its operation of any joint facilities or facilities adjacent to the Work or the Project except as may expressly be provided in the Construction Coordination Agreement.
Use Before Acceptance Date. PacifiCorp shall not operate or assume control of all or a portion of the Work prior to the Substantial Completion Date.
Use Before Acceptance Date. 62 Section 20.6 Title and Risk of Loss. 62 Section 20.7 Marking of Equipment and Facility. 62 Section 20.8 Removal of Equipment. 63 Section 20.9 Notice of Final Acceptance of Work. 63
Use Before Acceptance Date. Company shall not operate or assume control of all or a portion of the Work prior to the Substantial Completion Date; provided, however, that in no event shall Company be limited in its operation of any joint facilities or facilities adjacent to the Work or the Project except as may expressly be provided in the Construction Coordination Agreement.
Use Before Acceptance Date. 62 Section 20.6 Title and Risk of Loss. 63 Section 20.7 Marking of Equipment and Facility. 63 Section 20.8 Removal of Equipment. 64 Section 20.9 Notice of Final Acceptance of Work. 64 ARTICLE 21 TAX MATTERS 65 Section 21.1 Tax Indemnification. 65 Section 21.2 Transfer Tax. 65 Section 21.3 Allocation. 65 Section 21.4 Tax Incentives. 66 Section 21.5 Cooperation. 66 Section 21.6 Survival. 66 Section 21.7 Coordination with General Indemnification. 66 ARTICLE 22 ENVIRONMENTAL MATTERS 67 Section 22.1 General. 67 Section 22.2 Release On‑Site. 67 Section 22.3 Release Off‑Site. 67 Section 22.4 Liability. 67 Section 22.5 Pre-existing Regulated Materials. 67 Section 22.6 Notice. 68 ARTICLE 23 WARRANTIES OF WORK 68 Section 23.1 Warranties. 68 Section 23.2 Warranty Period. 69 Section 23.3 Repair of Defects. 70 Section 23.4 Warranty Period Extension. 70 Section 23.5 Contractor and Subcontractor Warranties. 70 Section 23.6 Delay in Remedying Defects. 70 Section 23.7 Removal of Defective Work. 70 Section 23.8 Further Tests. 71 Section 23.9 Developer to Diagnose. 71 Section 23.10 Latent Defects. 71 Section 23.11 Significant Defects. 71 Section 23.12 Assignment of Warranties. 72 Section 23.13 Wind Turbine Warranty Obligations. 72 ARTICLE 24 LIQUIDATED DAMAGES 72 Section 24.1 General. 72 Section 24.2 Liquidated Damages for Delay in Substantial Completion. 72 Section 24.3 Liquidated Damages for Performance Guarantees. 72 Section 24.4 Calculations and Payments of Liquidated Damages. 73 ARTICLE 25 LIMITATION OF LIABILITY 73 Section 25.1 Duty to Mitigate. 73 Section 25.2 Limitation of Liability. 73 Section 25.3 Enforceability of Liquidated Damages. 74 Section 25.4 Limitations on Liabilities. 74 ARTICLE 26 INDEMNIFICATION 74 Section 26.1 Indemnification for Third Party Claims. 74 Section 26.2 Title Indemnity and Liens. 75 Section 26.3 Indemnity Period. 76 ARTICLE 27 INSURANCE 77 Section 27.1 Contractor’s and Subcontractors’ Insurance Coverage. 77 Section 27.2 PacifiCorp’s Insurance. 77 Section 27.3 Developer’s Cooperation with PacifiCorp. 77 ARTICLE 28 FORCE MAJEURE 77 Section 28.1 Effect of Force Majeure. 77 Section 28.2 Notice of Occurrence. 77 Section 28.3 Performance to Continue. 78 Section 28.4 Termination in Consequence of Force Majeure. 78 Section 28.5 Risk of Loss. 78 ARTICLE 29 DEFAULT 78 Section 29.1 Developer Default. 78 Section 29.2 PacifiCorp Default. 80 Section 29.3 Remedies on Default. 80 ARTICLE 30 TERMINATION 81 Section 30.1 Termination by PacifiCorp. 81 Section ...