Common use of Use of Completed Portions of the Work Clause in Contracts

Use of Completed Portions of the Work. 1. After Substantial Completion of the Work in any space(s) in the Project, the Commission will have the right to use and occupy such space(s) in advance of Final Completion and Acceptance of the Work, provided that the Commission’s occupancy and use of such spaces will not unduly interfere with the Design-Builder’s operations nor delay completion of the Work. Occupancy and use of any space(s) in the building by the Commission or User Agency will not constitute Substantial Completion in the absence of written notification of Substantial Completion of the affected portion of the Work from the Architect. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers. 2. If the Commission desires to exercise the right of partial occupancy prior to Substantial Completion and Final Completion and Acceptance of the Work as provided below, the Design-Builder will cooperate with the Commission in making available for the Commission’s use such services as heating, ventilating, cooling, water, lighting, and telephone for the space(s) to be occupied. If the equipment required to furnish such services is not entirely complete at the time the Commission desires to occupy the aforesaid space(s), the Design-Builder will make all reasonable efforts to complete it as soon as possible. The cost of utilities to partially or temporarily occupied Work pursuant to this Section 12.05 is a cost of the Work, unless the Commission notifies Design-Builder otherwise prior to use of such utilities. 3. The Commission’s occupancy or use of such space(s) in the Project will not constitute the Commission’s acceptance of any Work, materials, or equipment which are not in accordance with the requirements of the Contract Documents, nor relieve the Design-Builder from its obligations or responsibilities under the Contract. SAMPLE 4. In any case, when the Commission occupies or begins to use any portion of the Work pursuant to this Section 12.05, the Commission will give the Design-Builder notice in writing of its occupancy and/or use of the space(s) involved.

Use of Completed Portions of the Work. 1. After Substantial Completion of the Work in any space(s) in the Project, the Commission will have the right to use and occupy such space(s) in advance of Final Completion and Acceptance of the Work, provided that the Commission’s occupancy and use of such spaces will not unduly interfere with the Design-Builder’s operations nor delay completion of the Work. Occupancy and use of any space(s) in the building by the Commission or User Agency will not constitute Substantial Completion in the absence of written notification of Substantial Completion of the affected portion of the Work from the Architect. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers. 2. If the Commission desires to exercise the right of partial occupancy prior to Substantial Completion and Final Completion and Acceptance of the Work as provided below, the Design-Builder will cooperate with the Commission in making available for the Commission’s use such services as heating, ventilating, cooling, water, lighting, and telephone for the space(s) to be occupied. If the equipment required to furnish such services is not entirely complete at the time the Commission desires to occupy the aforesaid space(s), the Design-Builder will make all reasonable efforts to complete it as soon as possible. The cost of utilities to partially or temporarily occupied Work pursuant to this Section 12.05 is a cost of the Work, unless the Commission notifies Design-Builder otherwise prior to use of such utilities. 3. The Commission’s occupancy or use of such space(s) in the Project will not constitute the Commission’s acceptance of any Work, materials, or equipment which are not in accordance with the requirements of the Contract Documents, nor relieve the Design-Builder from its obligations or responsibilities under the Contract. SAMPLE. 4. In any case, when the Commission occupies or begins to use any portion of the Work pursuant to this Section 12.05, the Commission will give the Design-Builder notice in writing of its occupancy and/or use of the space(s) involved.

Use of Completed Portions of the Work. 1. A. After Substantial Completion of the Work in any space(s) space or spaces in the a Project, the Commission will have Board has the right to use and occupy such space(s) the space or spaces in advance of completion and Final Completion and Acceptance of Acceptance, but the Work, provided that the Commission’s Board's occupancy and use of such the spaces will shall not unduly interfere with the Design-Builder’s General Contractor's operations nor delay completion of the Work. Occupancy and use of any space(s) space or spaces in the building by the Commission Board or User Agency will shall not constitute Substantial Completion Preliminary Acceptance in the absence of written notification of Substantial Completion Preliminary Acceptance of the affected portion of the Work from the Architect. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers. 2. If B. With respect to new construction, if the Commission Board desires to exercise the right of partial occupancy prior to Substantial Completion before completion and Final Completion and Acceptance of the Work as provided belowabove, the Design-Builder will General Contractor shall cooperate with the Commission Board in making available for the Commission’s Board's use the services such services as heating, ventilating, cooling, water, lighting, lighting and telephone for the space(s) space or spaces to be occupied. If the equipment required to furnish such the services is not entirely complete completed at the time the Commission Board desires to occupy the aforesaid space(s)space or spaces, the Design-Builder will General Contractor shall make all every reasonable efforts effort to complete it them as soon as possiblepossible to the extent that the necessary equipment can be put into operation and use. The cost With respect to the rehabilitation of utilities existing facilities, the Board shall cooperate with General Contractor in making available for General Contractor's use reasonable amounts of water, lighting, heating, and electricity necessary for General Contractor to partially or temporarily occupied Work pursuant to this Section 12.05 is a perform its Work. C. During the partial occupancy before Final Acceptance, arrangements shall be made between the Board and General Contractor regarding the operation and cost of the Worknecessary heating, unless ventilating, cooling, water, lighting and telephone services. The Board shall assume responsibility for the Commission notifies Design-Builder otherwise prior operation of the equipment and utilities required to use of such utilitiesprovide the above services, in part or in total, and General Contractor shall make arrangements acceptable to the Board as to the warranties affecting all Work associated with the areas so occupied. 3. D. The Commission’s Board's occupancy or use of such space(s) the space or spaces in the a Project will does not constitute the Commission’s Board's acceptance of any Work, materials, materials or equipment which that are not in accordance with the requirements of the Contract Documents, nor relieve the Design-Builder General Contractor from its obligations or responsibilities under the Contract. SAMPLEContract Documents. 4. E. In any case, when the Commission occupies Board takes over space for occupancy or begins to use any portion of the Work pursuant to this Section 12.05use, the Commission will Board shall give the Design-Builder General Contractor notice in writing of its occupancy and/or use of taking over the space(s) space or spaces involved.

Use of Completed Portions of the Work. 1. After Substantial Completion of the Work in any space(s) in the Project, the Commission will have the right to use and occupy such space(s) in advance of Final Completion and Acceptance of the Work, provided that the Commission’s occupancy and use of such spaces will not unduly interfere with the Design-BuilderContractor’s operations nor delay completion of the Work. Occupancy and use of any space(s) in the building by the Commission or User Agency will not constitute Substantial Completion in the absence of written notification of Substantial Completion of the affected portion of the Work from the Architect. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers. 2. If the Commission desires to exercise the right of partial occupancy prior to Substantial Completion and Final Completion and Acceptance of the Work as provided below, the Design-Builder Contractor will cooperate with the Commission in making available for the Commission’s use such services as heating, ventilating, cooling, water, lighting, and telephone for the space(s) to be occupied. If the equipment required to furnish such services is not entirely complete at the time the Commission desires to occupy the aforesaid space(s), the Design-Builder Contractor will make all reasonable efforts to complete it as soon as possible. The cost of utilities to partially or temporarily occupied Work pursuant to this Section 12.05 is a cost of the Work, unless the Commission notifies Design-Builder Contractor otherwise prior to use of such utilities. 3. The Commission’s occupancy or use of such space(s) in the Project will not constitute the Commission’s acceptance of any Work, materials, or equipment which are not in accordance with the requirements of the Contract Documents, nor relieve the Design-Builder Contractor from its obligations or responsibilities under the Contract. SAMPLE 4. In any case, when the Commission occupies or begins to use any portion of the Work pursuant to this Section 12.05, the Commission will give the Design-Builder Contractor notice in writing of its occupancy and/or use of the space(s) involved.