Materials Not Yet Incorporated Clause Samples
The "Materials Not Yet Incorporated" clause defines how materials, documents, or information that are referenced in a contract but have not yet been physically included or delivered are to be handled. Typically, this clause outlines the process for incorporating such materials at a later date, specifying timelines, approval procedures, or conditions under which the materials will become part of the agreement. Its core practical function is to ensure that both parties are aware of and agree to the future inclusion of certain materials, thereby preventing disputes or misunderstandings about what is or is not part of the contract.
Materials Not Yet Incorporated. In the Judicial Council’s sole discretion, Judicial Council may approve for inclusion in the Application for Payment the cost of materials not yet incorporated in the Construction Work but already delivered and suitably stored either at the Site or at some other appropriate location consistent with the terms of these General Conditions. In such case, Design Build Entity shall furnish evidence satisfactory to Judicial Council Representative of: (i) the cost of such materials; and (ii) that such materials are under the exclusive control of Design Build Entity. Only materials to be incorporated in the Work will be considered for payment. Any payment shall not be construed as acceptance of such materials, nor relieve Design Build Entity from: (i) sole responsibility for the care and protection of such materials; (ii) risk of loss to such materials from any cause whatsoever; (iii) its obligation to Complete the Work in accordance with the Contract Documents. Nothing contained herein shall require Judicial Council to agree to pay for any non-incorporated materials or any part thereof.