USE OF COMPLETED PORTIONS OF WORK Sample Clauses

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by Owner, any portion of Work performed by Contractor is in a condition suitable for use, Owner may issue a certificate of Substantial Completion (Partial Utilization) for that portion and take possession of or use such portion. Such certificate of Substantial Completion (Partial Utilization) will be issued in accordance with the applicable requirements of General Condition 71 “SUBSTANTIAL COMPLETION”. Such use by Owner shall in no case be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any of the conditions thereof, provided, that Contractor shall not be liable for the cost of repairs, rework, or renewals which may be required due to ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment in its compensation and/or schedule under this Contract.

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by HOLLAND, any portion of the Work performed by SUBCONTRACTOR is suitable for use, HOLLAND, or OWNER may occupy and use such portion. Use shall not constitute acceptance, relieve SUBCONTRACTOR of its responsibilities, or act as a waiver by HOLLAND or any of the terms of the Subcontract. SUBCONTRACTOR shall not be liable for normal wear and tear or for repair of damage caused by any misuse during such occupancy by ▇▇▇▇▇▇▇, or OWNER. If, as a result of SUBCONTRACTOR'S failure to comply with the provisions of this Agreement, such use proves to be unsatisfactory to HOLLAND, or OWNER, HOLLAND shall have the right to continue such use until such portion of the Work can, without injury to HOLLAND, or OWNER, be taken out of service for correction of defects, errors, omissions, or replacement of unsatisfactory materials or as necessary for such portion of the Work to comply with this Agreement; provided that the period of such operation or use pending completion of appropriate remedial action shall not exceed twelve (12) months unless otherwise mutually agreed in writing between the parties. SUBCONTRACTOR shall not use any permanently installed equipment unless such use is approved in writing by HOLLAND. When such use is approved, SUBCONTRACTOR shall at SUBCONTRACTOR'S expense properly use and maintain and, upon completion of such use, recondition such equipment as required to meet specifications. If HOLLAND furnishes an operator for such equipment, all services performed shall be under the complete direction and control of SUBCONTRACTOR, and such operator shall be considered SUBCONTRACTOR'S employee for all purposes other than payment of such operator's wages, Worker's Compensation Insurance or other benefits paid directly or indirectly by HOLLAND.

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by PURCHASER, any portion of the Work performed by SOIL CONTRACTOR is suitable for use, PURCHASER may, upon written notice, occupy and use such portion. Use shall not constitute acceptance, relieve SOIL CONTRACTOR of its responsibilities, or act as a waiver by PURCHASER of any terms of this Soil Contract.

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by Authority, any portion of work performed by Contractor is in a condition suitable for use, Authority may initiate a certificate of Substantial Completion for that portion of Work and take possession of, or use such portion in Authority’s sole and absolute discretion as of the date of Substantial Completion. 1. Such possession or use by Authority shall in no case be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under this Contract, nor act as a waiver by Authority of any of the conditions thereof, provided that Contractor shall not be liable for the cost of repairs, rework or renewals which may be required due to ordinary wear and tear resulting from such use. 2. However, if such possession or use increases the cost, or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment in Price, to be mutually agreed upon by the Parties prior to Authority’s possession or use. 3. If, as a result of Contractor 's failure to comply with the provisions of this Contract, such possession or use proves to be unsatisfactory to Authority, Authority shall have the right to continue such possession or use until such portion of Work can, without injury to Authority, be taken out of service for correction of defects, errors, omissions, or replacement of unsatisfactory materials or equipment, as necessary for such Work to comply with Contract; provided that the period pending completion of appropriate remedial action shall not exceed twelve (12) months, unless otherwise mutually agreed upon in writing between the Parties. 4. Contractor shall not use any permanently installed equipment unless such use is approved by Authority in writing. Where Contractor's written request is granted for the use of permanently installed equipment, Contractor shall properly use and maintain, and upon completion of its use, and at Contractor’s expense, recondition such equipment to the satisfaction of Authority. 5. If Authority furnished an operator for such permanently installed equipment, the operator's services shall be performed under the complete direction and control of Contractor and the operator shall be considered Contractor's employee for all purposes other than the payment of the operator's wages, workers' compensation or other benefits paid directly or indirectly by Authority.

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by PURCHASER, any portion of the Work performed by TANK CONTRACTOR is suitable for use prior to RFCD, PURCHASER may provide written notice to TANK CONTRACTOR of PURCHASER’s intent to occupy and use such portion of the Work, specifying the time and manner of PURCHASER’s intended occupation and use. TANK CONTRACTOR shall respond to PURCHASER’s notice of intent to occupy and use such portion of the Work, either agreeing to such occupation and use or providing comments and requesting an alternative time and manner of occupation and use. The Parties shall endeavor to agree on a time and manner of PURCHASER’s intended occupation and use of the Work. If the Parties cannot agree, PURCHASER shall have the right to occupy and use such portion of the Work upon giving TANK CONTRACTOR five (5) Days notice of such intended occupation and use. Occupation and use shall not constitute acceptance, relieve TANK CONTRACTOR of its responsibilities, or act as a waiver by PURCHASER of any terms of this Tank Contract.

USE OF COMPLETED PORTIONS OF WORK. Whenever, as determined by the District, any portion of work performed by Contractor is in a condition suitable for use, the District may take possession of or use such portion. Such use by the District will in no case be construed as constituting final acceptance and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by the District of any of the conditions thereof, provided that Contractor shall not be liable for the cost of repairs, rework, or renewals which may be required due to ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the completion of remaining portions of work, Contractor shall be entitled to an equitable adjustment. If, as a result of Contractor's failure to comply with the provisions of the Contract, such use proves to be unsatisfactory to the District, the District will have the right to continue such use until such portion of work can, without injury to the District, be taken out of service for correction of defects, errors, omissions, or replacement of unsatisfactory materials or equipment, as necessary for such work to comply with the Contract, provided that the period of such operation or use pending completion of appropriate remedial action shall not exceed four months unless otherwise mutually agreed upon in writing between the parties. The completion of corrections or replacements shall occur before acceptance of the Contract, unless otherwise mutually agreed upon in writing between the parties.