Common use of Use by General Contractor and Owner Clause in Contracts

Use by General Contractor and Owner. GEC and Owner may, with Contractor’s consent, occupy or use any complete or partially completed portion of the Work at any stage, provided such occupancy or use is approved by the Contractor’s all risk and property insurer and provided such occupancy or use is in compliance with Law and is for the purpose that such portion of the Work was intended. If the parties agree to such partial occupancy or use LIMA/GEC/EPC 33 Confidential Business Information prior to Commercial Operation, Owner assumes the complete risk of loss and damage of such completed or partially completed portion of the Work irrespective of the cause of such loss or damage, and Owner shall be deemed to have accepted such work and Commercial Operation of said portion of the Work shall be deemed to have occurred. Contractor shall be entitled to a Change Order to make appropriate adjustments under the Agreement as provided in Section 6.5 for the impact of any such use of the Work by GEC or Owner. LIMA/GEC/EPC 34 Confidential Business Information ARTICLE IX

Appears in 3 contracts

Samples: Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (Global Energy, Inc.)

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Use by General Contractor and Owner. GEC and Owner may, with Contractor’s consent, occupy or use any complete or partially completed portion of the Work at any stage, provided such occupancy or use is approved by the Contractor’s all risk and property insurer and provided such occupancy or use is in compliance with Law and is for the purpose that such portion of the Work was intended. If the parties agree to such partial occupancy or use LIMA/GEC/EPC 33 Confidential Business Information prior to Commercial Operation, Owner assumes the complete risk of loss and damage of such completed or partially completed portion of the Work irrespective of the cause of such loss or damage, and Owner shall be deemed to have accepted such work and Commercial Operation of said portion of the Work shall be deemed to have occurred. Contractor shall be entitled to a Change Order to make appropriate adjustments under the Agreement as provided in Section 6.5 for the impact of any such use of the Work by GEC or Owner. LIMA/GEC/EPC 34 Confidential Business Information ARTICLE IXIX GENERAL CONTRACTOR’S INSURANCE

Appears in 1 contract

Samples: Procurement and Construction Agreement

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