Beneficial Occupancy Sample Clauses
The Beneficial Occupancy clause defines the point at which the owner is permitted to occupy or use a portion of the project before the entire work is fully completed or formally accepted. In practice, this clause allows the owner to take possession of finished areas, such as completed floors or sections, while construction continues elsewhere on the site. It typically outlines responsibilities for maintenance, insurance, and risk transfer for the occupied portions. The core function of this clause is to provide flexibility in project delivery, enabling the owner to utilize completed spaces sooner and potentially address operational needs or deadlines without waiting for total project completion.
POPULAR SAMPLE Copied 66 times
Beneficial Occupancy.
9.6.1 City reserves the right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work, at any time prior to issuing the Certificate of Substantial Completion, upon seven (7) Days’ notice to Contractor. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions:
Beneficial Occupancy. A. The County may, at any time, and from time to time, during the performance of the Work, enter the structure for the purpose of installing any necessary Work by County labor of other contracts, and for any other purpose in connection with the installation of facilities. In doing so, the County shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other Work being done by or on behalf of the County.
B. If, prior to completion and Final Acceptance of all the Work under a specific Job Order, the County takes possession of any structure (whether completed or otherwise) comprising a portion of that Project with the intent of retaining possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the County is in possession of the same, the Contractor, notwithstanding its normal responsibilities, shall be relieved of liability for loss or damage to structure other than that resulting from the Contractor's fault or negligence. Such taking of possession by the County shall not relieve the Contractor from any provisions of this Contract respecting such structure, other than to the extent specified in the preceding sentence, nor constitute a final acceptance of such structure.
Beneficial Occupancy. When the City takes possession of and operates the Work (or portions of the Work) for its intended purposes.
Beneficial Occupancy. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall have the right to occupy all or any portion of the Premises for the conduct of its business prior to the Lease Commencement Date, provided that (i) Tenant shall give Landlord at least three (3) days prior written notice of any such occupancy for the conduct of its business, (ii) governmental approval (including permit “sign-offs”) permitting the occupancy of the Premises by Tenant shall have been issued by the appropriate governmental authorities for each such portion to be occupied, (iii) Tenant shall have delivered to Landlord satisfactory evidence of the insurance coverage required to be carried by Tenant in accordance with Article 10 below with respect to the applicable portion of the Premises, and (iv) all of the terms and conditions of this Lease shall apply, other than Tenant’s obligation to pay Base Rent and Tenant’s Share of Building Direct Expenses (as defined below), as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 2.1).
Beneficial Occupancy. City's right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work prior to either Substantial Completion, Final Completion, or Acceptance.
Beneficial Occupancy. Tenant shall be permitted to have possession of the Substitution Space for the construction of the Tenant Improvement Work and Tenant’s installation of its furniture fixtures and equipment during the period commencing upon the Delivery Date (hereinafter defined) and ending on the Substitution Effective Date (the “Beneficial Occupancy Period”). Possession of the Substitution Space during the Beneficial Occupancy Period shall be subject to the terms and conditions of this Lease; provided that Tenant shall not be required to pay Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes for the Substitution Space during the Beneficial Occupancy Period. For purposes hereof, the “Delivery Date” shall mean the date on which Landlord provides Tenant with possession of the Substitution Space free from occupancy by any third party. Landlord hereby represents that the Substitution Space is currently vacant and that Landlord shall deliver the Substitution Space to Tenant within 5 days after the later of: (i) the full and final execution of this Second Amendment; (ii) Landlord’s receipt of the Letter of Credit in accordance with Section 4 below; and (iii) evidence of insurance from Tenant with respect to the Substitution Space as required under this Lease; provided, however, in the event the Delivery Date does not occur within sixty (60) days of the day on which the last of items (i)-(iii) are satisfied (the “Outside Delivery Date”), in addition to the Abated Base Rent (as defined in Section 3, below), Tenant shall receive an extra day of abatement of Base Rent for each day in the period beginning on the Outside Delivery Date and ending on the Delivery Date, which shall be applied immediately following the period of Abated Base Rent; provided that the Outside Delivery Date shall be postponed on a day-for-day basis by the number of days that the Delivery Date is delayed beyond the Outside Delivery Date due to event of force majeure. In addition, in the event the Delivery Date does not occur on or before the date occurring thirty (30) days after the Outside Delivery Date, Tenant shall also have a right to terminate this Second Amendment by delivery of written notice to Landlord on or prior to the occurrence of the Delivery Date.
Beneficial Occupancy. Tenant shall have the right to occupy all or a portion of the Premises (as all or such portion shall be designated by Tenant pursuant to clause (i) below) for the conduct of Tenant’s business during the period set forth in Section 2.5.1, provided that (i) Tenant shall give Landlord at least three (3) days’ prior notice of any such occupancy of the Premises, which notice shall designate the portion of the Premises that Tenant intends to so occupy (such designated space, the “Beneficial Occupancy Space”), (ii) a certificate of occupancy or its legal equivalent shall have been issued by the appropriate governmental authorities for the Beneficial Occupancy Space, or otherwise achieved, if required for Tenant to legally occupy such Beneficial Occupancy Space and (iii) all of the terms and conditions of this Lease shall apply, other than Tenant’s obligation to pay Base Rent and Tenant’s Share of Direct Expenses attributable to such portion of the Premises consisting of the Beneficial Occupancy Space upon such occupancy of the Beneficial Occupancy Space by Tenant. Notwithstanding the foregoing, to the extent that Tenant occupies any Beneficial Occupancy Space for the conduct of Tenant’s business commencing prior to Tenant’s obligation to pay Rent with respect thereto, then for the period from and after such occupancy date through the day immediately preceding the date Tenant is obligated to pay Rent with respect thereto, Tenant shall pay to Landlord the janitorial and electrical costs actually incurred by Landlord with respect to such Beneficial Occupancy Space, and which would not otherwise have been incurred by Landlord but for Tenant’s occupancy of such Beneficial Occupancy Space, without application of any Base Year.
Beneficial Occupancy. RCDSCC shall have the right to take possession of or use any completed or partially completed part of the work. RCDSCC's possession or use shall not be deemed substantial completion or an acceptance of any work under the Contract.
Beneficial Occupancy. Occupancy of the Project by the District for its intended purpose and which produces relatively little interference with the Contractor in completing construction.
Beneficial Occupancy. The point of project completion when the Department can use the constructed facility in whole or in part for its intended purpose even though substantial completion may not be achieved.
