Common use of USE OF COMPLETED PORTIONS Clause in Contracts

USE OF COMPLETED PORTIONS. City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy 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, Design-Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur:  City shall give notice to Design-Build Firm in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area.  Design-Build Firm shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager.  Upon Project Manager‟s issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage‟s and start of warranty for the occupied area.  Design-Build Firm shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as specified in the Punch List 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, Project Manager shall issue a Certificate of Final Payment relative to the occupied area.  If 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 City and Design-Build Firm 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 Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy 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, Design-Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur:  City shall give notice to Design-Build Firm in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area.  Design-Build Firm shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager.  Upon Project Manager‟s Manager’s issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage‟s coverage’s and start of warranty for the occupied area.  Design-Build Firm shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as specified in the Punch List 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, Project Manager shall issue a Certificate of Final Payment relative to the occupied area.  If 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 City and Design-Build Firm 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 Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy 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, Design-Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur:  City shall give notice to Design-Build Firm in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area.  Design-Build Firm shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager.  Upon Project Manager‟s Manager’s issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage‟s coverage’s and start of warranty for the occupied area.  Design-Build Firm shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as specified in the Punch List 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, Project Manager shall issue a Certificate of Final Payment relative to the occupied area.  If 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 City and Design-Build Firm 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 Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.