Common use of Partial Occupancy Clause in Contracts

Partial Occupancy. Owner shall have the right to occupy and use any completed or partially completed portions of the Work, provided Governmental Authorities having jurisdiction over the Work consent to such occupancy. Substantial Completion shall not be a prerequisite to Owner’s occupancy or use; provided, however, that Owner and Contractor have (a) reasonably accepted in writing their respective responsibilities for payments, retainage, security, insurance, maintenance, heat, utilities, and damage to the Work and (b) agreed in writing to the period for correction of Work and commencement of warranties required by the Contract Documents for those portions of the Work occupied or used. Immediately prior to Owner’s partial occupancy or use, Contractor and Owner Parties shall jointly inspect the area to be occupied or used to determine and record the condition of the Work. Partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work that fails to conform to the Contract Documents.

Partial Occupancy. Owner shall have the right to occupy and use any completed or partially completed portions of the Work, provided Governmental Authorities having jurisdiction over the Work consent to such occupancy. Substantial Completion shall not be a prerequisite to Owner’s occupancy or use; provided, however, that Owner and Contractor have (a) reasonably accepted in writing their respective responsibilities for payments, retainage, security, insurance, maintenance, heat, utilities, and damage to the Work and (b) agreed in writing to the period for correction of Work and commencement of warranties required by the Contract Documents for those portions of the Work occupied or used. Immediately prior to Owner’s partial occupancy or use, Contractor and Owner Parties shall jointly inspect the area to be occupied or used to determine and record the condition of the Work. Partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work that fails to conform to the Contract Documents.. SAMPLE