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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 17 contracts

Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

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 Paragraph 11.3.1.5, the surety, 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 Paragraph 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-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, partial 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 Design-Build Contract Documents.

Appears in 16 contracts

Sources: Contract for Construction, Contract for Construction, Contract for Construction

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 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor, and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 15 contracts

Sources: Guaranteed Maximum Price Amendment, Standard Form of Agreement Between Owner and Construction Manager as Constructor, Construction Contract

PARTIAL OCCUPANCY OR USE. § 9.9.1 (a) 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 Supplemental Agreement with the Design-BuilderPrime Contractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially completeSubstantially Complete, provided the Owner and Design-Builder Prime 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 Design-Build Contract Documents. When the Design-Builder Prime Contractor considers a portion substantially completeSubstantially Complete, the Design-Builder Prime Contractor shall prepare and submit a list to the Owner Architect/Engineer as provided under Section 9.8.2Subparagraph 9.7(b). Consent of the Design-Builder Prime 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-BuilderPrime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. § 9.9.2 (b) Immediately prior to such partial occupancy or use, the Owner Owner, Prime Contractor, and Design-Builder Architect/Engineer 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. § 9.9.3 (c) Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 8 contracts

Sources: Construction Contract, Construction Contract, Contract

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 Design-BuilderCM/GC, 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 Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder 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 Design-Build Contract Documents. When the Design-Builder CM/GC considers a portion substantially complete, the Design-Builder CM/GC shall prepare and submit a list to the Owner Design Professional as provided under Section 9.8.210.8.2. Consent of the Design-Builder 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 Design-BuilderCM/GC or, if no agreement is reached, by decision of the Design Professional. § 9.9.2 10.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, CM/GC and Design-Builder Design Professional 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. § 9.9.3 10.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 6 contracts

Sources: Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement

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 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 5 contracts

Sources: Subcontractor Compliance Agreement, Construction Contract, Standard Form of Agreement Between Owner and Contractor

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 Projectstage. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided and the Owner and Design-Builder have accepted in writing shall agree to 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 shall agree 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 The use or occupancy of a portion of the Work by the Owner or its other contractors to inspect and/or correct defective workmanship or install furniture, fixtures, or equipment or other work shall not be considered as use and occupancy. Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 2 contracts

Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

PARTIAL OCCUPANCY OR USE. § 9.9.1 (a) 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 Supplemental 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 11.2(e) and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially completeSubstantially Complete, provided the Owner and Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially completeSubstantially Complete, the Design-Builder Contractor shall prepare and submit a list to the Owner Architect/Engineer as provided under Section 9.8.2Subparagraph 9.7(b). Consent of the Design-Builder Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the the (a) 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/Engineer. § 9.9.2 (b) Immediately prior to such partial occupancy or use, the Owner Owner, Contractor, and Design-Builder Architect/Engineer 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. § 9.9.3 (c) Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 2 contracts

Sources: Construction Contract, Contract

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 Paragraph 11.4.1.5, below, 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 Work 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/Engineer as provided under Section in Paragraph 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. § §9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor, and Design-Builder Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work work to be used in order to determine and record the condition of the Work. § §9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 2 contracts

Sources: Services Agreement, Services Agreement

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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Manager and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

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 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder Contractor 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor

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 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 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 DesignContractor or, if no agreement is reached, by decision of the Architect. The Contractor will reasonably cooperate with the Owner in allowing non-Builderunion FF&E contractors access to such portions of the Work. This paragraph does not authorize the Contractor to claim that any phase of the Work is substantially complete and proceed under Section 9.8.1. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, partial 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Contractor (Adicet Bio, Inc.)

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-BuilderDBC, 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 DBC 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 DBC considers a portion substantially complete, the Design-Builder DBC shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder DBC 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-BuilderDBC. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder DBC 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Design Build Agreement

PARTIAL OCCUPANCY OR USE. § 9.9.1 14.27.1 The Owner City 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-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 ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially completeSubstantially Complete, provided the Owner City and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, 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 Warranties required by the Design-Build Contract Documents. When the Design-Builder considers a portion substantially completeSubstantially Complete, the Design-Builder shall prepare and submit a list to the Owner as provided under City, per Section 9.8.214.26. 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 Agreement between the Owner City and Design-BuilderBuilder or, if no such agreement is reached, by authority having jurisdiction. § 9.9.2 14.27.2 Immediately prior to such partial occupancy or use, the Owner City and Design-Builder 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. § 9.9.3 14.27.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Design Build Agreement

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 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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. § 9.9.3 Unless otherwise agreed uponupon in writing by 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Contractor

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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, in writing, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

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 punch 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder shall jointly inspect observe the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Design Build Contract

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 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, 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 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 Subparagraph 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor, and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Construction Contract

PARTIAL OCCUPANCY OR USE. § 9.9.1 13.6.1 The Owner Town 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 completeSubstantially Complete, provided the Owner Town 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 completeSubstantially Complete, the Design-Builder shall prepare and submit a list to the Owner Town as provided under Section 9.8.213.6.2. 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 Town and Design-Builder. § 9.9.2 13.6.2 Immediately prior to such partial occupancy or use, the Owner Town and Design-Design- Builder 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. § 9.9.3 13.6.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Design Build Agreement

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 and Design-Builder.The § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Manager and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder Engineer 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Contractor

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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

PARTIAL OCCUPANCY OR USE. § 9.9.1 (a) 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 Supplemental Agreement with the Design-BuilderPrime Contractor, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy or use may commence whether or not the portion is substantially completeSubstantially Complete, provided the Owner and Design-Builder Prime 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 Design-Build Contract Documents. When the Design-Builder Prime Contractor considers a DocuSign Envelope ID: 0B2E709F-1B68-46D3-B102-6A54CF462BF3 portion substantially completeSubstantially Complete, the Design-Builder Prime Contractor shall prepare and submit a list to the Owner Architect/Engineer as provided under Section 9.8.2Subparagraph 9.7(b). Consent of the Design-Builder Prime 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-BuilderPrime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. § 9.9.2 (b) Immediately prior to such partial occupancy or use, the Owner Owner, Prime Contractor, and Design-Builder Architect/Engineer 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. § 9.9.3 (c) Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Contract 6582 Overhead Electric Distribution Work

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy occupy, or use use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-BuilderConstruction Manager, provided such occupancy or use is consented to, by endorsement or otherwise, to by the insurer providing property insurance as required under Subsection 11.4.1.5 and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy occupancy, or use use, may commence whether or not the portion is substantially complete, complete provided that the Owner and Design-Builder Construction Manager 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 Design-Build Contract Documents. When the Design-Builder Construction Manager considers a portion substantially complete, or the Design-Builder Owner notifies the Construction Manager of intent to occupy or use a portion of the Work prior to substantial completion, the Construction Manager shall prepare and submit a list to the Owner Design Professional as provided under Section Subsection 9.8.2. Consent of the Design-Builder Construction Manager 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-BuilderConstruction Manager or, if no agreement is reached, by decision of the Design Professional. § 9.9.2 Immediately prior to such partial occupancy occupancy, or use, the Owner Owner, Construction Manager, and Design-Builder Design Professional 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Construction Manager at Risk Agreement

PARTIAL OCCUPANCY OR USE. § 9.9.1 10.9.1 The Owner may occupy or use any shall obtain access to completed or partially completed portion portions of the Project Work as provided in Paragraph 9.5 hereof. The Owner may also occupy other portions of the Project 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 as required under Subparagraph 12.18 and authorized by public authorities having jurisdiction over the ProjectProject Work. 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 Project Work and insurance, and have agreed in writing concerning the period for correction of the Project Work and commencement of warranties required by the Design-Build Contract 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 Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Project Work shall be determined by written agreement between the Owner and Design-BuilderContractor or, if no agreement is reached, by decision of the Architect after consultation with the Program Manager. § 9.9.2 10.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Program Manager, Contractor and Design-Builder Architect shall jointly inspect the area to be occupied or portion of the Project Work to be used in order to determine and record the condition of the Project Work. § 9.9.3 Unless otherwise agreed upon, partial 10.9.3 Partial occupancy or use of a portion or portions of the Work shall will not constitute acceptance of Work not complying with by the requirements Owner of the Design-Build Documentscompleted Project Work or any portion of the Project Work, will not relieve Contractor of its full responsibility for correcting defective work and repairing the work, will not be considered to be the equivalent of Substantial Completion of the Project Work, and will not entitle Contractor to any increase in the Contract Sum.

Appears in 1 contract

Sources: Guaranteed Maximum Price Construction Agreement (Gaylord Entertainment Co /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 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work to be completed for a Phase shall not constitute acceptance of Work not complying with the requirements of the Design-Build Contract Documents.

Appears in 1 contract

Sources: Construction Contract (Sierra Pacific Resources /Nv/)

PARTIAL OCCUPANCY OR USE. § 9.9.1 The Owner may occupy occupy, or use 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 11.4.1.5 and authorized by public authorities having jurisdiction over the ProjectWork. Such partial occupancy occupancy, or use use, may commence whether or not the portion is substantially complete, complete provided that the Owner and Design-Builder 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 Design-Build Contract Documents. When the Design-Builder Contractor considers a portion substantially complete, or the Design-Builder Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Owner Engineer as provided under Section Subparagraph 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. § 9.9.2 Immediately prior to such partial occupancy occupancy, or use, the Owner Owner, Contractor and Design-Builder Engineer 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Construction Agreement

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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

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-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Manager and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

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 Punch Listt 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-Design- Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder Design Agent 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Project Manual

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 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 dispute resolution in accordance with the Contract. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner Owner, Contractor and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)

PARTIAL OCCUPANCY OR USE. § 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder 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. § 9.9.3 Unless otherwise agreed upon, 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 Design-Build Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder