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 Contractor, provided such occupancy or use is consented to by the insurer 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 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 Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the 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 Contractor or, if no agreement is reached, by decision of the Architect.

Appears in 11 contracts

Samples: Agreement, www.fountaininngas.org, Remodeling Agreement

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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 Contractor, provided such occupancy or use is consented to by the insurer 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 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 Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the 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 Contractor or, if no agreement is reached, by decision of the Architect.

Appears in 4 contracts

Samples: Indemnity Agreement, 70.248.29.17:8085, www.fitnyc.edu

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 Contractor, provided such occupancy or use is consented to occupa by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the havin Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided substan the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, t retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have a k at any stage when isdiction over the ly complete, provided for payments, ave agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the 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 Contractor or, if no agreement is reached, by decision of the Architect.

Appears in 2 contracts

Samples: crdact.net, biznet.ct.gov

PARTIAL OCCUPANCY OR USE. § 9.9.1 10.9.1 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 ContractorCM/GC, provided such occupancy or use is consented to by the insurer 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 Contractor CM/GC 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 Contract Documents. When the Contractor CM/GC considers a portion substantially complete, the Contractor CM/GC shall prepare and submit a list to the Architect Design Professional as provided under Section 9.8.2Article 10.8.2. Consent of the Contractor CM/GC 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 Contractor CM/GC or, if no agreement is reached, by decision of the ArchitectDesign Professional.

Appears in 1 contract

Samples: Public Works

PARTIAL OCCUPANCY OR USE. § 9.9.1 10.9.1 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 ContractorCM/GC, provided such occupancy or use is consented to by the insurer 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 Contractor CM/GC 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 Contract Documents. When the Contractor CM/GC considers a portion substantially complete, the Contractor CM/GC shall prepare and submit a list to the Architect Design Professional as provided under Section 9.8.210.8.2. Consent of the Contractor CM/GC 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 Contractor CM/GC or, if no agreement is reached, by decision of the ArchitectDesign Professional.

Appears in 1 contract

Samples: Public Works

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 Contractor, provided such occupancy or use is consented to 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 Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, retainage if any, security, maintenance, heat, utilities, damage to the Work Work, and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section Subparagraph 9.8.2. Consent of the 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 Contractor or, if no agreement is reached, by decision of the Architect.

Appears in 1 contract

Samples: Form of 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 this Agreement or a separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer Design-Builder 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 Contractor Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, safety, 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 Contract Design-Build Documents. When the Contractor Design-Builder considers a portion substantially complete, the Contractor Design-Builder shall prepare and submit a list to the Architect Owner as provided under Section 9.8.2A.9.8. Consent of the Contractor 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 Contractor or, if no agreement is reached, by decision of the ArchitectDesign-Builder.

Appears in 1 contract

Samples: bnavisionnashville.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 Contractor, provided such occupancy or use is consented to 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 the Contractor have accepted in writing the responsibilities assigned to each of them for 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 Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section Subparagraph 9.8.2. Consent of the 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 the Contractor or, if no agreement is reached, by decision of the ArchitectArchitect and ARS.

Appears in 1 contract

Samples: Construction Contract (National Instruments Corp /De/)

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 Contractor, provided such occupancy or use is consented to by the insurer 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 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 Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the 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 Contractor or, if no agreement is reached, by decision of dispute resolution in accordance with the ArchitectContract.

Appears in 1 contract

Samples: Form of Agreement (Nu Skin Enterprises Inc)

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