Common use of USE OF COMPLETED PORTIONS Clause in Contracts

USE OF COMPLETED PORTIONS. 3.4.1 CITY shall have the right, at its sole option, to accept any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. a. In the event the CITY requires possession of any completed or partially completed portions of the project, the following shall occur: i. CITY shall give notice to CMAR in writing at least fifteen (15) calendar days prior to CITY’s intended occupancy of a designated area. ii. CMAR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. iii. Upon issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. iv. CMAR shall complete all items noted on the Certificate of Substantial Completion within the time specified in Article 1.7 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY shall issue a Final Certificate of Acceptance relative to the occupied area. b. If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY and CMAR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY City shall have the right, at its sole option, to accept take possession of and use any completed or partially completed portions of the ProjectProject(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. a. . If such possession and use increases the cost of or delays the Work, Design-Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager. In the event the CITY requires City takes possession of any completed or partially completed portions of the projectProject, the following shall occur: i. CITY :  City shall give notice to CMAR Design-Build Firm in writing at least fifteen thirty (1530) calendar days prior to CITY’s City's intended occupancy of a designated area. ii. CMAR  Design-Build Firm shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. iiifrom Project Manager.  Upon Project Manager‟s issuance of a Certificate of Substantial Completion, CITY City will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY City and the public, adjustment of insurance coverage coverage‟s and start of warranty for the occupied area. iv. CMAR  Design-Build Firm shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager on the Certificate of Substantial Completion, as specified in Article 1.7 the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY Project Manager shall issue a Final Certificate of Acceptance Final Payment relative to the occupied area. b. .  If the CITY City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY City and CMAR Design-Build Firm and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR Design-Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY shall have the right, at its sole option, to accept take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 4. a. 3.4.2 In the event the CITY requires takes possession of any completed or partially completed portions of the project, the following shall occur: i. 3.4.3 CITY shall give notice to CMAR CONTRACTOR in writing at least fifteen (15) calendar days prior to CITY’s intended occupancy of a designated area. ii. CMAR 3.4.4 CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. iii. 3.4.4.1 Upon the PROJECT MANAGER’S issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. iv. CMAR 3.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified in Article 1.7 article 3.2 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY PROJECT MANAGER shall issue a Final Certificate of Acceptance Payment relative to the occupied area. b. 3.4.4.3 If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY and CMAR CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY RMWD shall have the right, at its sole optionupon written notice to the Contractor, to accept take possession or occupancy of and use any completed or partially completed portions of the Project. Such Work, notwithstanding that the time for completing the entire Work or such portions may not have expired; but such taking possession or occupy and use shall not be deemed an a waiver of any requirement of the Contract Documents or a waiver or acceptance of any of the Work not completed in accordance with the Contract Documents. a. In . If such prior possession, occupy, or use increases the event cost of or delays the CITY requires completion of uncompleted Work or causes repair or refinishing of completed Work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as agreed by RMWD and an appropriate Change Order will be issued. The Contractor will not be required to perform housekeeping obligations in or bear utility costs for buildings or structures to the extent so occupied or used by RMWD. If RMWD takes possession of and places any completed of the machinery or partially completed equipment of the Work into continuing operation consonant with its intended final service or purpose and for his beneficial use, the period of the Contractor's guarantee, solely with respect to such machinery or equipment, shall begin on the first day of such beneficial use by RMWD and RMWD will bear the utility and maintenance costs for such beneficial use. Prior to RMWD taking possession, occupancy, or use of any portion of the Work, but not as a condition or precedent to RMWD's right thereto, RMWD and the Contractor shall jointly inspect and determine the condition and completeness of the involved portions of the projectWork, shall agree upon appropriate procedures and other pertinent matters including the following payment or apportioning of utility costs, and shall occur: i. CITY execute a memorandum recording the inspection determination and the procedures and matters agreed. Such possession, occupancy, or use by RMWD under this paragraph shall give notice not entitle the Contractor to CMAR in writing at least fifteen (15) calendar days prior claim or receive payment of any amounts retained or withheld by RMWD pursuant to CITY’s intended occupancy of a designated area. ii. CMAR shall complete to the point of Substantial Completion the designated area subparagraphs 20.4.2 and request inspection and issuance of a Certificate of Substantial Completion in the form provided 20.5.1 unless otherwise agreed by the CITYparties. iii. Upon issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. iv. CMAR shall complete all items noted on the Certificate of Substantial Completion within the time specified in Article 1.7 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY shall issue a Final Certificate of Acceptance relative to the occupied area. b. If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY and CMAR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY 6.4.1 COUNTY shall have the right, right at its sole option, option to accept take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. a. 6.4.2 In the event the CITY requires COUNTY takes possession of any completed or partially completed portions of the projectProject, the following shall occur: i. CITY 6.4.2.1 COUNTY shall give notice to CMAR CONTRACTOR in writing at least fifteen thirty (1530) calendar days prior to CITYCOUNTY’s intended occupancy of a designated area.; ii. CMAR 6.4.2.2 CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY.Completion; iii. 6.4.2.3 Upon issuance of a Certificate of Substantial Completion, CITY COUNTY will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY COUNTY and the public, adjustment of insurance coverage and start of the warranty for the occupied area.area unless otherwise agreed in writing by the Parties hereto; iv. CMAR 6.4.2.4 Upon issuance of a Certificate of Substantial Completion, CONTRACTOR will assume full responsibility for maintaining utility services for the area(s) occupied by COUNTY until all areas of the Work are accepted by COUNTY as substantially complete; 6.4.2.5 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion Punchlist within the time specified in Article 1.7 Section 6.1 and request final acceptance inspection and Final Completion of the portion of the Work Project occupied. Upon completion Payment for accepted portions of final inspection and receipt of an application for final payment, the CITY Work shall issue a Final Certificate of Acceptance relative to be made in accordance with the occupied area.procedure specified in Article 8; and b. 6.4.2.6 If the CITY COUNTY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY COUNTY and CMAR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policiesCONTRACTOR. Insurance secured by CONTRACTOR on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. CONTRACTOR shall advise the OCIP Administrator should this occur. Consent of CMAR and of the insurance company or companies CONTRACTOR to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 6.4.1 CITY shall have the right, at its sole option, to accept take possession of and use of any completed or partially completed portions of the ProjectPROJECT. Such possession and use shall not be deemed an acceptance of any of the Work WORK not completed in accordance with the Contract DocumentsCONTRACT DOCUMENTS. If such possession and use increase the cost of or delays of the work, ▇▇▇▇ shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 7.4 or 7.6 hereof. a. 6.4.2 In the event the CITY requires takes possession of any completed or partially completed portions of the projectPROJECT, the following shall occur: i. 6.4.3 CITY shall give notice to CMAR in writing at least fifteen (15) 15 calendar days prior to CITY’s intended occupancy of a designated area. ii. CMAR 6.4.4 ▇▇▇▇ shall complete to the point of Substantial Completion SUBSTANTIAL COMPLETION the designated area and request inspection and issuance of a Certificate of Substantial Completion in SUBSTANTIAL COMPLETION on the form provided by the attached hereto as Form 1 from CITY. iii. 6.4.4.1 Upon CONSULTANT’s issuance of a Certificate of Substantial CompletionSUBSTANTIAL COMPLETION, CITY will assume full responsibility for maintenance, utilitiesservices, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. iv. CMAR 6.4.4.2 ▇▇▇▇ shall complete all items noted on the Certificate of Substantial Completion SUBSTANTIAL COMPLETION within the time specified in Article 1.7 Section 6.1 and request final acceptance of the portion of the Work WORK occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY CONSULTANT shall issue a Final Certificate of Acceptance Payment relative to the occupied area. b. 6.4.4.3 If the CITY finds it necessary to occupy or use a portion or portions of the Work prior WORK to Substantial Completion SUBSTANTIALCOMPLETION thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY and CMAR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY shall have the right, at its sole option, to accept take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents.. If such possession and use increase the cost of or delays of the work, Construction Manager shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article a. 3.4.2 In the event the CITY requires takes possession of any completed or partially completed portions of the project, the following shall occur: i. 3.4.3 CITY shall give notice to CMAR Construction Manager in writing at least fifteen (15) calendar days prior to CITY’s intended occupancy of a designated area. ii. CMAR 3.4.4 CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITY. iii. 3.4.4.1 Upon the PROJECT MANAGER’S issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. iv. CMAR 3.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified in Article 1.7 article 3.2 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY PROJECT MANAGER shall issue a Final Certificate of Acceptance Payment relative to the occupied area. b. 3.4.4.3 If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY and CMAR Construction Manager and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR Construction Manager and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 6.4.1 CITY shall have the right, at its sole option, to accept take possession of and use of any completed or partially completed portions of the ProjectPROJECT. Such possession and use shall not be deemed an acceptance of any of the Work WORK not completed in accordance with the Contract DocumentsCONTRACT DOCUMENTS. If such possession and use increases the cost of or delays of the work, ▇▇▇▇ shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 7.4 or 7.6 hereof. a. 6.4.2 In the event the CITY requires takes possession of any completed or partially completed portions of the projectPROJECT , the following shall occur: i. 6.4.3 CITY shall give notice to CMAR ▇▇▇▇ in writing at least fifteen (15) 15 calendar days prior to CITY’s intended occupancy of a designated area. ii. CMAR 6.4.4 ▇▇▇▇ shall complete to the point of Substantial Completion SUBSTANTIAL COMPLETION the designated area and request inspection and issuance of a Certificate of Substantial Completion in SUBSTANTIAL COMPLETION on the form provided by the attached hereto as Form 1 from CITY. iii. 6.4.4.1 Upon CONSULTANT’s issuance of a Certificate of Substantial CompletionSUBSTANTIAL COMPLETION, CITY will assume full responsibility for maintenance, utilitiesservices, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. iv. CMAR 6.4.4.2 ▇▇▇▇ shall complete all items noted on the Certificate of Substantial Completion SUBSTANTIAL COMPLETION within the time specified in Article 1.7 Section 6.1 and request final acceptance of the portion of the Work WORK occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY CONSULTANT shall issue a Final Certificate of Acceptance Payment relative to the occupied area. b. 6.4.4.3 If the CITY finds it necessary to occupy or use a portion or portions of the Work prior WORK to Substantial Completion SUBSTANTIALCOMPLETION thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY and CMAR ▇▇▇▇ and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR ▇▇▇▇ and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. C HANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS 7.1 Without invalidating the contract and without notice to the surety, CITY reserves and shall have the right, from time to time, to make such increases, decreases or other changes in the character or quantity of the work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this PROJECT must be accomplished by means of an appropriate CHANGE ORDER in accordance with the requirements of the CONTRACT DOCUMENTS and Section 38.48 of the Purchasing Ordinance. 7.2 Any changes to the terms of the CONTRACT DOCUMENTS must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of CHANGE ORDERS executed only by CITY as hereinafter provided. 7.3 The PROJECT MANAGER through the CONSULTANT may direct ▇▇▇▇ to expedite the WORK by whatever means ▇▇▇▇ may use, including, without limitation, increasing staffing or working overtime to bring the work back within the progress schedule. If the expediting of WORK is required due to reasons outside the control or responsibility of ▇▇▇▇, then the additional costs incurred shall be the subject of an appropriate adjustment issued pursuant to Article 7.4 or Article 7.6, below as applicable.

USE OF COMPLETED PORTIONS. 3.4.1 CITY USVI shall have the right, at its sole option, right to accept take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. a. . In the event the CITY requires USVI takes possession of any completed or partially completed portions of the projectProject, the following shall occur: i. CITY 7.4.1 USVI shall give notice to CMAR Contractor in writing at least fifteen thirty (1530) calendar days prior to CITYUSVI’s intended occupancy of a designated area. ii. CMAR 7.4.2 Contractor shall complete the designated area to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form provided by the CITYCompletion. iii. 7.4.3 Upon the Architect’s issuance of a Certificate of Substantial Completion, CITY the applicable warranty(ies) shall commence and USVI will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY USVI and the public, and adjustment of insurance coverage and start of warranty coverages for the occupied areaarea unless otherwise agreed in writing. iv. CMAR 7.4.4 Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified in Article 1.7 Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY shall issue a Final Certificate of Acceptance relative to the occupied area. b. 7.4.5 If the CITY USVI finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY USVI, Construction Agent and CMAR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policiesContractor. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR and of the insurance company or companies Contractor to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 CITY 4.13.1 COUNTY shall have the right, right at its sole option, option to accept take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. a. 4.13.2 In the event the CITY requires COUNTY takes possession of any completed or partially completed portions of the projectProject, the following shall occur: i. CITY shall give notice to CMAR in writing at least fifteen (15) calendar days prior to CITY’s intended occupancy of a designated area. ii. CMAR 4.13.2.1 The DBT shall complete the Work or portion of Work, to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate certificate of Substantial Completion in the form provided by the CITYaccordance with Exhibit C, Division 1 General Requirements, Section 43, “Project Closeout”. iii. 4.13.2.2 Upon CA’s issuance of a Certificate certificate of Substantial Completion, CITY COUNTY will assume full responsibility for maintenance, utilitiespayment for utility use, subsequent damages of wear and tear damage by COUNTY or by the CITY and the public, adjustment of non OCIP insurance coverage coverages and start of warranty for the occupied area, unless otherwise agreed in writing by the Parties. The DBT shall be responsible to maintain all utility services required to support the operation of the portion of Work occupied at the COUNTY. iv. CMAR 4.13.2.3 The DBT shall complete all items noted on the Certificate certificate of Substantial Completion within the time specified in Article 1.7 punch list, and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final paymentoccupied in accordance with Exhibit C, the CITY shall issue a Final Certificate of Acceptance relative to the occupied areaDivision 1 General Requirements, Section 43, “Project Closeout”. b. 4.13.2.4 If the CITY COUNTY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by COUNTY and the CITY and CMAR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policiesDBT. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR and of the insurance company or companies DBT to such occupancy or use shall not be unreasonably withheld.

USE OF COMPLETED PORTIONS. 3.4.1 6.4.1 CITY shall have the right, at its sole option, to accept take possession of and use of any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays of the work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, by appropriate adjustment pursuant to Article 7.4 or 7.6 hereof. a. 6.4.2 In the event the CITY requires takes possession of any completed or partially completed portions of the project, the following shall occur: i. 6.4.3 CITY shall give notice to CMAR CONTRACTOR in writing at least fifteen (15) calendar days prior to CITY’s intended occupancy of a designated area. ii. CMAR 6.4.4 CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in from the form provided by the CITYCONSULTANT. iii. 6.4.4.1 Upon issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of or by the CITY and the public, adjustment of insurance coverage and start of warranty for the occupied area. iv. CMAR 6.4.4.2 CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified in Article 1.7 article 6.1 and request final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY CONSULTANT shall issue a Final Certificate of Acceptance Payment relative to the occupied area. b. 6.4.4.3 If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the CITY and CMAR CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.