Common use of PARTIAL OCCUPANCY OR USE Clause in Contracts

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may upon written notice to the Contractor, take possession of, occupy or use any completed or partially completed portion of the Work at any stage and time, when it is legal to do so. Unless otherwise agreed in writing, such possession, use or operation shall not be deemed an acceptance of any portion of the Work, nor accelerate the time for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract or under any insurance, bond, guaranty or other requirement of the Contract, nor relieve the Contractor of any of its obligations under the Contract. If the Contractor fails to complete the Work within the Contract Time, the Owner may take possession of, use or operate all or any part of the Work without an increase in the Contract Sum. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and the Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. A reasonable sum may be withheld by Owner until Contractor delivers to Owner record Drawings, Specifications, Addenda, Change Orders and other Modifications, and the warranties, instructions, and maintenance manuals required by the Specifications, and a final statement of the cost of the Work allocated in accordance with the budget and in a form approved by Owner. § 9.9.3 Unless otherwise agreed upon in writing by the Owner, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents, nor start the period for correction of Work mentioned in Section 12.2.2, nor establish Substantial Completion of the portion of the Work, nor accelerate the time for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract or under any insurance, bond, guaranty or other requirement of the Contract, nor relieve the Contractor of any of its obligations under the Contract.

PARTIAL OCCUPANCY OR USE. § 9.9.1 §10.9.1 The Owner may upon written notice to the Contractor, take possession of, occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by Owner. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and timeContractor have accepted in writing the responsibilities assigned to each of them in accordance with the Contract Documents for payments, when it is legal retainage (if any), security, maintenance, heat, utilities, damage to do so. Unless otherwise the Work and insurance, and have agreed in writing, such possession, use or operation shall not be deemed an acceptance of any portion of writing concerning the Work, nor accelerate the time period for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract or under any insurance, bond, guaranty or other requirement of the Contract, nor relieve the Contractor of any of its obligations under the Contract. If the Contractor fails to complete the Work within the Contract Time, the Owner may take possession of, use or operate all or any part correction of the Work without an increase in and commencement of warranties required by the Contract SumDocuments. § 9.9.2 §10.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, Contractor and the Architect Consultant shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. A reasonable sum may be withheld by Owner until Contractor delivers to Owner record Drawings, Specifications, Addenda, Change Orders and other Modifications, and the warranties, instructions, and maintenance manuals required by the Specifications, and a final statement of the cost of the Work allocated in accordance with the budget and in a form approved by Owner. § 9.9.3 §10.9.3 Unless otherwise agreed upon in writing by the Ownerupon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents, nor start . §10.9.4 The Owner may occupy the period for correction of Work mentioned in Section 12.2.2, nor establish Substantial Completion Project or a specified area of the portion Project regardless of whether the Contract Time has expired. §10.9.5 It shall be understood that the Owner’s occupancy or use of such space or spaces in the building shall not constitute the Owner’s final acceptance of any Work, nor accelerate the time for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract materials or under any insurance, bond, guaranty or other requirement of the Contractequipment, nor relieve the Contractor from its obligations to complete the Work, nor for responsibility for loss or damage due to or arising out of defects in, or malfunctioning of any Work, material or equipment, nor from any other unfulfilled obligations or responsibilities under the Contract Documents. §10.9.6 If the Project has not been completed in accordance with, the Performance Schedule stipulated in the Contract Documents, the Owner, at its election, may occupy the building or any portion of the Project, and nothing thereby shall release the Contractor from any of its agreements or obligations under the ContractContract Documents.

PARTIAL OCCUPANCY OR USE. § 9.9.1 The 9.8.1 Owner may upon written notice shall have the right to use or occupy the ContractorProject, take possession ofor a portion thereof, occupy or use any completed or partially completed portion prior to Substantial Completion of the Work under the following conditions: (1) Owner shall give Contractor at any stage and time, when it is legal least ten (10) days prior written notice of its intention to do so. Unless otherwise agreed in writing, such possession, use or operation occupy the Project, or a portion thereof. Prior to use or occupancy, Project Manager accompanied by Contractor will conduct an inspection of the area to be used or occupied; and based on this inspection, the Project Manager will prepare a list of Work to be completed or corrected. Prior to use or occupancy, Owner and Contractor shall agree in writing on their individual responsibilities for security, maintenance, heat, utilities, damage to the Work, and insurance for the area to be used or occupied; (2) after occupancy, Owner will allow Contractor reasonable access to the occupied area to complete and correct the Work; (3) any Claims or an adjustment in the Contract Sum or an extension of the Contract Time because of Owner’s use or occupancy shall be made in writing to the Project Manager prior to such use or occupancy; (4) Contractor shall not be held responsible for any damage to the occupied part of the Project resulting solely from Owner’s use or occupancy; and (5) use or occupancy by Owner shall not be deemed an acceptance to constitute a waiver of any portion existing claims on behalf of Owner or Contractor against each other. 9.8.2 Owner shall have the Workright to install its signage, nor accelerate the time for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract or under any insurance, bond, guaranty or other requirement of the Contract, nor relieve the Contractor of any of its obligations under the Contract. If the Contractor fails to complete the Work furnishings and equipment within the Contract Time, the Owner may take possession of, use or operate all or any part of the Work without an increase in the Contract Sum. § 9.9.2 Immediately Project prior to such partial occupancy or use, the Owner, Contractor, and the Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition Substantial Completion of the Work. A reasonable sum may be withheld by Owner until Contractor delivers to Owner record DrawingsSuch installation shall not constitute occupancy, Specificationsacceptance, Addenda, Change Orders and other Modifications, and the warranties, instructions, and maintenance manuals required by the Specifications, and a final statement of the cost of the Work allocated in accordance with the budget and in a form approved or use by Owner. § 9.9.3 9.8.3 Unless otherwise agreed upon in writing by the Ownerupon, partial occupancy or use of a portion or portions of the Work shall not constitute Substantial Completion or acceptance of Work not complying with the requirements of the Contract Documents, nor start the period for correction of Work mentioned in Section 12.2.2, nor establish Substantial Completion of the portion of the Work, nor accelerate the time for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract or under any insurance, bond, guaranty or other requirement of the Contract, nor relieve the Contractor of any of its obligations under the Contract.

PARTIAL OCCUPANCY OR USE. SAMPLE CONTRACT § 9.9.1 The Owner may upon written notice to the Contractor, take possession of, occupy or use any completed or partially completed portion of the Work at any stage and time, when it is legal to do so. Unless otherwise agreed in writing, such possession, use or operation shall not be deemed an acceptance of any portion of the Work, nor accelerate the time for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract or under any insurance, bond, guaranty or other requirement of the Contract, nor relieve the Contractor of any of its obligations under the Contract. If the Contractor fails to complete the Work within the Contract Time, the Owner may take possession of, use or operate all or any part of the Work without an increase in the Contract Sum. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and the Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. A reasonable sum may be withheld by Owner until Contractor delivers to Owner record Drawings, Specifications, Addenda, Change Orders and other Modifications, and the warranties, instructions, and maintenance manuals required by the Specifications, and a final statement of the cost of the Work allocated in accordance with the budget and in a form approved by Owner. § 9.9.3 Unless otherwise agreed upon in writing by the Owner, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents, nor start the period for correction of Work mentioned in Section 12.2.2, nor establish Substantial Completion of the portion of the Work, nor accelerate the time for any payment to the Contractor under the Contract, nor prejudice any rights of the Owner under the Contract or under any insurance, bond, guaranty or other requirement of the Contract, nor relieve the Contractor of any of its obligations under the Contract.