Common use of PARTIAL OCCUPANCY OR USE Clause in Contracts

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.

Appears in 13 contracts

Samples: Agreement, Design Build Construction Agreement, Agreement

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PARTIAL OCCUPANCY OR USE. § 9.9.1 A.9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance insurer, if so required by the insurer, and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for completion or correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2A.9.8. Consent of the Design-Design- Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.

Appears in 3 contracts

Samples: www.unlv.edu, www.unlv.edu, www.unlv.edu

PARTIAL OCCUPANCY OR USE. § 9.9.1 A.9.8.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance insurer, if so required by the insurer, and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for completion or correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2herein. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.

Appears in 2 contracts

Samples: cdn.cocodoc.com, homeforward.org

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-BuilderContractor, provided such occupancy occup k at any stage when or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect as provided under Section 9.8.2. Consent of the Design-Builder Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-BuilderContractor or, if no agreement is reached, by decision of the Architect.

Appears in 1 contract

Samples: bidcondocs.delaware.gov

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for fur payments, retainage, retainage if any, security, . maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor and Development Manager shall jointly prepare and submit a list to the Owner Architect as provided under Section Subparagraph 9.8.2. Consent of the Design-Builder Contractor to partial occupancy or use shall not out be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-BuilderContractor or, if an agreement is reached, by decision of the Architect after consultation with the Development Manager.

Appears in 1 contract

Samples: Agreement (Symantec Corp)

PARTIAL OCCUPANCY OR USE. § 9.9.1 A.9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance insurer, if so required by the insurer, and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for completion or correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2A.9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.

Appears in 1 contract

Samples: asc67.org

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work resulting from such occupancy use or installation, and property and liability insurance., and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Design- Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.Builder.‌‌‌

Appears in 1 contract

Samples: www.eisd.org

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance and authorized by public authorities having jurisdiction over the ProjectAuthorities Having Jurisdiction. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list Punchlist to the Owner as provided under Section 9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.

Appears in 1 contract

Samples: jpshealthnet.org

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work resulting from such occupancy use or installation and property and liability insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.

Appears in 1 contract

Samples: resources.finalsite.net

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PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Engineer as provided under Section 9.8.2. Consent of the Design-Builder Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-BuilderContractor or, if no agreement is reached, by decision of the Engineer.

Appears in 1 contract

Samples: mccmeetingspublic.blob.core.usgovcloudapi.net

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance as may be required and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder.

Appears in 1 contract

Samples: daniabeachfl.gov

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner Manager may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner Manager and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner Manager as provided under Section 9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner Manager and Design-Design- Builder.

Appears in 1 contract

Samples: rfp.hawaiiconvention.com

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the such Work and insurance, and have agreed in writing concerning the period for correction of the such Work and commencement of warranties required by the Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect as provided under Section 9.8.2. Consent of the Design-Builder Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work to be completed for a Phase shall be determined by written agreement between the Owner and Design-BuilderContractor or, if no agreement is reached, by decision of the Architect.

Appears in 1 contract

Samples: Agreement (Sierra Pacific Resources /Nv/)

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-BuilderContractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Design Agent as provided under Section 9.8.2. Consent of the Design-Builder Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-BuilderContractor or, if no agreement is reached, by decision of the Design Agent.

Appears in 1 contract

Samples: www.purchasing.ri.gov

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