USE AND POSSESSION PRIOR TO COMPLETION Clause Samples

USE AND POSSESSION PRIOR TO COMPLETION. (MAR 2019)

USE AND POSSESSION PRIOR TO COMPLETION. The Exchange shall have the right to take possession of or use any completed or partially completed part of the work. Prior to such possession or use, the contracting officer shall furnish the contractor an itemized list of work remaining to be performed or corrected on such portions of the project as are to be possessed or used by the Exchange, provided that failure to list any item of work shall not relieve the contractor of responsibility for compliance with the terms of the contract. Such possession or use shall not be deemed an acceptance of any work under the contract.

USE AND POSSESSION PRIOR TO COMPLETION. Princeton University shall have the right to take possession of or use any completed or partially completed part of the Work. Princeton University’s possession or use shall not be deemed an acceptance of any Work under the Contract.

USE AND POSSESSION PRIOR TO COMPLETION. A. HISD shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any Work, the HISD Issuing Authority shall furnish the Contractor a list of items of Work remaining to be performed or corrected on those portions of the Work that HISD intends to take possession of or use. However, failure of the HISD Issuing Authority to list any item of Work shall not relieve the Contractor of responsibility for complying with the terms of this Contract. HISD’s possession or use shall not be deemed an acceptance of any Work under this Contract. B. While HISD has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the Work resulting solely from HISD’s possession or use, notwithstanding the terms of the Article in this Contract entitled “Permits and Responsibilities”. If prior possession or use by HISD delays the progress of the Work or causes additional expense to the Contractor, an equitable adjustment may be made in the Job Order price or the time of completion, and the Job Order may be modified in writing accordingly.

USE AND POSSESSION PRIOR TO COMPLETION. Yakama Nation shall have the right to take possession of or use any completed or partially completed part of the work call for by this Agreement. Before taking possession of or using any work, Yakama Nation shall furnish Contractor a list of items of work remaining to be performed or corrected on those portions of the work that Yakama Nation intends to take possession of or use. However, failure of Yakama Nation to list any item of work shall not relieve Contractor of responsibility for complying with the terms of this Agreement. Yakama Nation’s possession or use shall not be deemed an acceptance of any work under this Agreement.

USE AND POSSESSION PRIOR TO COMPLETION. 29.1 Owner shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any work, Owner shall furnish Job Order Contractor a list of items of work remaining to be performed or corrected on those portions of the Work that Owner intends to take possession of or use. However, failure of Owner to list any item of work shall not relieve Job Order Contractor of responsibility for complying with the terms of this Agreement. Owner possession or use shall not be deemed an acceptance of any work under this Agreement. 29.2 While Owner has such possession or use, Job Order Contractor shall be relieved of the responsibility for the loss of or damage to the Work resulting from Owner’s possession or use, notwithstanding the terms of Article 6. If prior possession or use by Owner delays the progress of the Work or causes additional expense to Job Order Contractor, an equitable adjustment shall be made in the Job Order price or the period of performance, and the Job Order shall be modified in writing accordingly.

USE AND POSSESSION PRIOR TO COMPLETION. In accordance with FAR Clause 52.236-11 “Use and Possession Prior to Completion” (APR 1984), Chemonics shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, Chemonics shall furnish the Subcontractor a list of items of work remaining to be performed or corrected on those portions of the work that Chemonics intends to take possession of or use. However, failure of Chemonics to list any item of work shall not relieve the Subcontractor of responsibility for complying with the terms of the Subcontract. Possession or use by Chemonics shall not be deemed as acceptance of any work under the Subcontract unless indicated in writing. While Chemonics has such possession or use, the Subcontractor shall be relieved of the responsibility for the loss or damage to work resulting from Chemonics’ possession or use, notwithstanding the terms of Article 44, “Permits and Responsibilities.”

USE AND POSSESSION PRIOR TO COMPLETION. (a) The PHA shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the PHA intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The PHA’s possession or use shall not be deemed an acceptance of any work under the contract. (b) While the PHA has such possession or use, the Contractor shall be relieved of the responsibility for (1) the loss of or damage to the work resulting from the PHA’s possession or use, notwithstanding the terms of the clause entitled Permits and Codes herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas occupied without proper remuneration therefore. If prior possession or use by the PHA delays the progress of the

USE AND POSSESSION PRIOR TO COMPLETION. (HACLA) (a) Beneficial Occupancy shall be subject to the following conditions: (1) All responsibility for the operation and maintenance of equipment shall remain with Contractor while the equipment is so operated. Contractor shall submit to HACLA an itemized list of each piece of equipment so operated with the date operation commences. (2) The Guarantee to Repair Periods, as defined in the Guarantee to Repair Period clause herein, will commence upon the date of Beneficial Occupancy except that the Guarantee to Repair Periods for that part of equipment or systems that serve portions of the Work for which HACLA has not taken Beneficial Occupancy or issued a Certificate of Substantial Completion shall not commence until HACLA has taken Beneficial Occupancy for that portion of the Work or has issued a Certificate of Substantial Completion with respect to the entire Project. (3) HACLA will pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied, and will pay all utility costs which arise out of the Beneficial Occupancy. HACLA will use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Contractor's remaining Work. (4) Contractor shall not be required to repair damage caused by HACLA in its Beneficial Occupancy and Contractor shall not be responsible for providing security in areas beneficially occupied. (5) Contractor shall continue to maintain all insurance required by the Contract in full force and effect. (6) Except as provided in this clause, there shall be no added cost to HACLA due to Beneficial Occupancy. (7) Beneficial Occupancy by HACLA shall not constitute a waiver of HACLA’s right to assess liquidated damages as otherwise provided in these Contract Documents. (8) Beneficial Occupancy by HACLA shall not constitute a waiver of existing Claims of HACLA or Contractor against each other.