Common use of USE OF COMPLETED PORTIONS OF WORK Clause in Contracts

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.