Common use of USE OF COMPLETED PORTIONS Clause in Contracts

USE OF COMPLETED PORTIONS. USVI shall have the right to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. In the event USVI takes possession of any completed or partially completed portions of the Project, the following shall occur: 7.4.1 USVI shall give notice to Contractor in writing at least thirty (30) calendar days prior to USVI’s intended occupancy of a designated area. 7.4.2 Contractor shall complete the designated area to the point of Substantial Completion and request inspection and issuance of a Certificate of Substantial Completion. 7.4.3 Upon the Architect’s issuance of a Certificate of Substantial Completion, the applicable warranty(ies) shall commence and USVI will assume full responsibility for maintenance, utilities, subsequent damages by USVI and the public, and adjustment of insurance coverages for the occupied area unless otherwise agreed in writing. 7.4.4 Contractor shall complete all items noted on the Substantial Completion Punch List and request final inspection and final acceptance of the portion of the Work occupied. 7.4.5 If USVI finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by USVI, Construction Agent and Contractor. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. USVI 3.4.1 CITY shall have the right right, at its sole option, to take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increase the cost of or delays of the work, Construction Manager shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 3.4.2 In the event USVI CITY takes possession of any completed or partially completed portions of the Projectproject, the following shall occur: 7.4.1 USVI 3.4.3 CITY shall give notice to Contractor Construction Manager in writing at least thirty fifteen (3015) calendar days prior to USVICITY’s intended occupancy of a designated area. 7.4.2 Contractor 3.4.4 CONTRACTOR shall complete the designated area to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial CompletionCompletion in the form provided by the CITY. 7.4.3 3.4.4.1 Upon the Architect’s PROJECT MANAGER’S issuance of a Certificate of Substantial Completion, the applicable warranty(ies) shall commence and USVI CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by USVI the CITY and the public, and adjustment of insurance coverages coverage and start of warranty for the occupied area unless otherwise agreed in writingarea. 7.4.4 Contractor 3.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion Punch List within the time specified in article 3.2 and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the PROJECT MANAGER shall issue a Final Certificate of Payment relative to the occupied area. 7.4.5 3.4.4.3 If USVI the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by USVI, CITY and Construction Agent Manager and Contractorto which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor Construction Manager and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. USVI 6.4.1 COUNTY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. . 6.4.2 In the event USVI COUNTY takes possession of any completed or partially completed portions of the Project, the following shall occur: 7.4.1 USVI 6.4.2.1 COUNTY shall give notice to Contractor CONTRACTOR in writing at least thirty (30) calendar days prior to USVICOUNTY’s intended occupancy of a designated area.; 7.4.2 Contractor 6.4.2.2 CONTRACTOR shall complete the designated area to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion.; 7.4.3 6.4.2.3 Upon the Architect’s issuance of a Certificate of Substantial Completion, the applicable warranty(ies) shall commence and USVI COUNTY will assume full responsibility for maintenance, utilities, subsequent damages of or by USVI COUNTY and the public, and adjustment start of insurance coverages the warranty for the occupied area unless otherwise agreed in writing.writing by the Parties hereto; 7.4.4 Contractor 6.4.2.4 Upon issuance of a Certificate of Substantial Completion, CONTRACTOR will assume full responsibility for maintaining utility services for the area(s) occupied by COUNTY until all areas of the Work are accepted by COUNTY as substantially complete; 6.4.2.5 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion Punch List Punchlist within the time specified in Section 6.1 and request final inspection and final acceptance Final Completion of the portion of the Project occupied. Payment for accepted portions of the Work occupied.shall be made in accordance with the procedure specified in Article 8; and 7.4.5 6.4.2.6 If USVI COUNTY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by USVI, Construction Agent COUNTY and ContractorCONTRACTOR. Insurance secured by CONTRACTOR on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. CONTRACTOR shall advise the OCIP Administrator should this occur. Consent of Contractor CONTRACTOR to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. USVI 4.13.1 COUNTY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. . 4.13.2 In the event USVI COUNTY takes possession of any completed or partially completed portions of the Project, the following shall occur: 7.4.1 USVI shall give notice to Contractor in writing at least thirty (30) calendar days prior to USVI’s intended occupancy of a designated area. 7.4.2 Contractor 4.13.2.1 The DBT shall complete the designated area Work or portion of Work, to the point of Substantial Completion and request inspection and issuance of a Certificate certificate of Substantial CompletionCompletion in accordance with Exhibit C, Division 1 General Requirements, Section 43, “Project Closeout”. 7.4.3 4.13.2.2 Upon the ArchitectCA’s issuance of a Certificate certificate of Substantial Completion, the applicable warranty(ies) shall commence and USVI COUNTY will assume full responsibility for maintenance, utilitiespayment for utility use, subsequent damages wear and tear damage by USVI and COUNTY or the public, and adjustment of non OCIP insurance coverages and start of warranty for the occupied area area, unless otherwise agreed in writingwriting by the Parties. The DBT shall be responsible to maintain all utility services required to support the operation of the portion of Work occupied at the COUNTY. 7.4.4 Contractor 4.13.2.3 The DBT shall complete all items noted on the certificate of Substantial Completion Punch List punch list, and request final inspection and final acceptance of the portion of the Work occupiedoccupied in accordance with Exhibit C, Division 1 General Requirements, Section 43, “Project Closeout”. 7.4.5 4.13.2.4 If USVI COUNTY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by USVI, Construction Agent COUNTY and Contractorthe DBT. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor the DBT to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. USVI 6.4.1 CITY shall have the right right, at its sole option, to take possession of and use of any completed or partially completed portions of the ProjectPROJECT. Such possession and use shall not be deemed an acceptance of any of the Work WORK not completed in accordance with the Contract DocumentsCONTRACT DOCUMENTS. If such possession and use increases the cost of or delays of the work, XXXX shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 7.4 or 7.6 hereof. 6.4.2 In the event USVI CITY takes possession of any completed or partially completed portions of the ProjectPROJECT , the following shall occur: 7.4.1 USVI 6.4.3 CITY shall give notice to Contractor XXXX in writing at least thirty (30) 15 calendar days prior to USVICITY’s intended occupancy of a designated area. 7.4.2 Contractor 6.4.4 XXXX shall complete the designated area to the point of Substantial Completion SUBSTANTIAL COMPLETION the designated area and request inspection and issuance of a Certificate of Substantial CompletionSUBSTANTIAL COMPLETION on the form attached hereto as Form 1 from CITY. 7.4.3 6.4.4.1 Upon the ArchitectCONSULTANT’s issuance of a Certificate of Substantial CompletionSUBSTANTIAL COMPLETION, the applicable warranty(ies) shall commence and USVI CITY will assume full responsibility for maintenance, utilitiesservices, subsequent damages of or by USVI the CITY and the public, and adjustment of insurance coverages coverage and start of warranty for the occupied area unless otherwise agreed in writingarea. 7.4.4 Contractor 6.4.4.2 XXXX shall complete all items noted on the Substantial Completion Punch List Certificate of SUBSTANTIAL COMPLETION within the time specified in Section 6.1 and request final inspection and final acceptance of the portion of the Work WORK occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 7.4.5 6.4.4.3 If USVI the CITY finds it necessary to occupy or use a portion or portions of the Work prior WORK to Substantial Completion SUBSTANTIALCOMPLETION thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by USVI, Construction Agent CITY and ContractorXXXX and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor XXXX and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. C HANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS 7.1 Without invalidating the contract and without notice to the surety, CITY reserves and shall have the right, from time to time, to make such increases, decreases or other changes in the character or quantity of the work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this PROJECT must be accomplished by means of an appropriate CHANGE ORDER in accordance with the requirements of the CONTRACT DOCUMENTS and Section 38.48 of the Purchasing Ordinance. 7.2 Any changes to the terms of the CONTRACT DOCUMENTS must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of CHANGE ORDERS executed only by CITY as hereinafter provided. 7.3 The PROJECT MANAGER through the CONSULTANT may direct XXXX to expedite the WORK by whatever means XXXX may use, including, without limitation, increasing staffing or working overtime to bring the work back within the progress schedule. If the expediting of WORK is required due to reasons outside the control or responsibility of XXXX, then the additional costs incurred shall be the subject of an appropriate adjustment issued pursuant to Article 7.4 or Article 7.6, below as applicable.

USE OF COMPLETED PORTIONS. USVI 6.4.1 CITY shall have the right right, at its sole option, to take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 7.4 or 7.6 hereof. 6.4.2 In the event USVI CITY takes possession of any completed or partially completed portions of the Projectproject, the following shall occur: 7.4.1 USVI 6.4.3 CITY shall give notice to Contractor CONTRACTOR in writing at least thirty fifteen (3015) calendar days prior to USVICITY’s intended occupancy of a designated area. 7.4.2 Contractor 6.4.4 CONTRACTOR shall complete the designated area to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial CompletionCompletion from the CONSULTANT. 7.4.3 6.4.4.1 Upon the Architect’s issuance of a Certificate of Substantial Completion, the applicable warranty(ies) shall commence and USVI CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by USVI the CITY and the public, and adjustment of insurance coverages coverage and start of warranty for the occupied area unless otherwise agreed in writingarea. 7.4.4 Contractor 6.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion Punch List within the time specified in article 6.1 and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 7.4.5 6.4.4.3 If USVI the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by USVI, Construction Agent CITY and ContractorCONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. USVI 29.1. Village shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by Village. 29.2. In the event USVI Village takes possession of any completed or partially completed portions of the Project, the following shall occur: 7.4.1 USVI 29.2.1. Village shall give notice to Contractor in writing at least thirty (30) calendar days prior to USVI’s Village's intended occupancy of a designated area. 7.4.2 29.2.2. Contractor shall complete the designated area to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial CompletionCompletion in the form attached hereto as 00925 from Consultant. 7.4.3 29.2.3. Upon the Architect’s Consultant's issuance of a Certificate of Substantial Completion, the applicable warranty(ies) shall commence and USVI Village will assume full responsibility for maintenance, utilities, subsequent damages by USVI of Village and the public, and adjustment of insurance coverages coverage's and start of warranty for the occupied area unless otherwise agreed in writingarea. 7.4.4 29.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion Punch List within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 7.4.5 29.2.5. If USVI Village finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by USVI, Construction Agent Village and ContractorContractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.