Common use of USE OF THE WORK Clause in Contracts

USE OF THE WORK. (a) Project Co shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by Applicable Law or the Contract Documents and shall not unreasonably encumber the Work with Products. (b) Project Co shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. (c) Owner shall have the right to occupy Phases of the Work as set out in the Contract Documents and to enter and occupy the Work in whole or in part for the purpose of placing fittings, furniture and equipment or for other uses, including the intended use of Owner before Substantial Completion of the Work, as provided for in the Construction Schedule. Project Co shall cooperate with Owner, the Owner’s Project Manager and the Consultant, so as to permit Owner to occupy and to place such fittings, furniture and equipment in the most efficient manner possible. Such entry and occupation shall not be considered an acceptance of the Work or in any way relieve Project Co from responsibility to complete this Project Agreement. Project Co is responsible to ensure the completion of Phases of the Work in accordance with the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date and Scheduled Substantial Completion Date and that the Phases of the Work are ready for occupancy by Owner in accordance with the Contract Documents including the requirements of paragraphs (b) and (c), and to the extent available, paragraph (d) of Section 1.36 of Schedule 1 – Definitions and Interpretation “Completion of the Phase 1 Work” and paragraph (d) of Section 1.207 of Schedule 1 – Definitions and Interpretation “Substantial Completion”, as applicable to the respective Phase of the Work. Project Co acknowledges that Substantial Completion of the Work is only achieved in respect of the Work as a whole and not in respect of any Phase of the Work.

USE OF THE WORK. (a) Project Co shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by Applicable Law or the Contract Documents and shall not unreasonably encumber the Work with Products. (b) Project Co shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. (c) Owner THP shall have the right to occupy Phases of the Work as set out in the Contract Documents and to enter and occupy the Work in whole or in part for the purpose of placing fittings, furniture and equipment or for other uses, including the intended use of Owner THP before Substantial Completion of the WorkCompletion, as provided for in the Construction Schedule. Project Co shall cooperate with OwnerTHP, the OwnerTHP’s Project Manager and the Consultant, so as to permit Owner THP to occupy and to place such fittings, furniture and equipment in the most efficient manner possible. Such entry and occupation shall not be considered an acceptance of the Work or in any way relieve Project Co from responsibility to complete this Project Agreement. Subject to Section 11.19(d), Project Co is responsible to ensure the completion of the Phases of the Work in accordance with the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date Dates and the Scheduled Substantial Completion Date and that the Phases of the Work are ready for occupancy by Owner THP in accordance with the Contract Documents including the requirements of paragraphs (b) and ), (c)) and, and to the extent availableapplicable, paragraph (d) of Section 1.36 the definition of “Substantial Completion” in of Schedule 1 – - Definitions and Interpretation “Completion of the Phase 1 Work” and paragraph (d) of Section 1.207 of Schedule 1 – Definitions and Interpretation “Substantial Completion”Interpretation, as applicable to the respective Phase of the WorkPhase. Project Co acknowledges that Substantial Completion of the Work is only achieved in respect of the Work as a whole and not in respect of any Phase of the WorkPhase.

USE OF THE WORK. (a) Project Co shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by Applicable Law or the Contract Documents and shall not unreasonably encumber the Work with Products. (b) Project Co shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. (c) Owner shall have the right to occupy Phases of the Work as set out in the Contract Documents and to enter and occupy the Work in whole or in part for the purpose of placing fittings, furniture and equipment or for other uses, including the intended use of Owner before Substantial Completion of the Work, as provided for in the Construction Schedule. Project Co shall cooperate with Owner, the Owner’s Owner‟s Project Manager and the Consultant, so as to permit Owner to occupy and to place such fittings, furniture and equipment in the most efficient manner possible. Such entry and occupation shall not be considered an acceptance of the Work or in any way relieve Project Co from responsibility to complete this Project Agreement. Subject to Section 11.19(d), Project Co is responsible to ensure the completion of the Phases of the Work in accordance with the applicable Phased Occupancy Dates, the Scheduled Phase 1 Interim Completion Date and the Scheduled Substantial Completion Date and that the Phases of the Work are ready for occupancy by Owner in accordance with the Contract Documents including the requirements of paragraphs (b) and (c), and to the extent available, paragraph (d) of each of Section 1.36 1.37 of Schedule 1 – - Definitions and Interpretation “Completion of the Phase 1 Interim Work” and paragraph (d) of Section 1.207 Section 1. 214 of Schedule 1 – - Definitions and Interpretation “Substantial Completion of the Work or Substantial Completion”, as applicable applicable, to the respective Phase of the WorkPhase. Project Co acknowledges that Substantial Completion of the Work is only achieved in respect of the Work as a whole and not in respect of any Phase of the WorkPhase.

USE OF THE WORK. (a) Project Co shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by Applicable Law or the Contract Documents and shall not unreasonably encumber the Work with Products. (b) Project Co shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. (c) Owner CMH shall have the right to occupy Phases of the Work as set out in the Contract Documents and to enter and occupy the Work in whole or in part for the purpose of placing fittings, furniture and equipment or for other uses, including the intended use of Owner CMH before Substantial Completion of the WorkCompletion, as provided for in the Construction Schedule. Project Co shall cooperate with OwnerCMH, the OwnerCMH’s Project Manager and the Consultant, so as to permit Owner CMH to occupy and to place such fittings, furniture and equipment in the most efficient manner possible. Such entry and occupation shall not be considered an acceptance of the Work or in any way relieve Project Co from responsibility to complete this Project Agreement. Subject to Section 11.19(d), Project Co is responsible to ensure the completion of the Phases of the Work in accordance with the applicable Phased Occupancy Dates, the Scheduled Phase 1 Interim Completion Date and the Scheduled Substantial Completion Date and that the Phases of the Work are ready for occupancy by Owner CMH in accordance with the Contract Documents including the requirements of paragraphs (b) and ), (c)) and, and to the extent availableapplicable, paragraph (d) of Section 1.36 the definitions of “Interim Completion” and “Substantial Completion” in Schedule 1 – Definitions and Interpretation “Completion of the Phase 1 Work” and paragraph (d) of Section 1.207 of Schedule 1 – Definitions and Interpretation “Substantial Completion”Interpretation, as applicable applicable, to the respective Phase of the WorkPhase. Project Co acknowledges that Substantial Completion of the Work is only achieved in respect of the Work as a whole and not in respect of any Phase of the WorkPhase.

USE OF THE WORK. (a) Project Co shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by Applicable Law or the Contract Documents and shall not unreasonably encumber the Work with Products. (b) Project Co shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. (c) Owner shall have the right to occupy Phases of the Work as set out in the Contract Documents and to enter and occupy the Work in whole or in part for the purpose of placing fittings, furniture and equipment or for other uses, including the intended use of Owner before Substantial Completion of the Work, as provided for in the Construction Schedule. Project Co shall cooperate with Owner, the Owner’s Project Manager and the Consultant, so as to permit Owner to occupy and to place such fittings, furniture and equipment in the most efficient manner possible. Such entry and occupation shall not be considered an acceptance of the Work or in any way relieve Project Co from responsibility to complete this Project Agreement. Subject to Section 11.19(d), Project Co is responsible to ensure the completion of Phases of the Work in accordance with the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date Dates and the Scheduled Substantial Completion Date and that the Phases of the Work are ready for occupancy by Owner in accordance with the Contract Documents including the requirements of paragraphs (b) and (c), and to the extent available, paragraph (d) of Section 1.36 of Schedule 1 – Definitions and Interpretation “Completion of the Phase 1 Work” and paragraph (d) of Section 1.207 1.196 of Schedule 1 – Definitions and Interpretation “Substantial Completion”, as applicable to the respective Phase of the Work. Project Co acknowledges that Substantial Completion of the Work is only achieved in respect of the Work as a whole and not in respect of any Phase of the Work.

USE OF THE WORK. (a) Project Co shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by Applicable Law or the Contract Documents and shall not unreasonably encumber the Work with Products. (b) Project Co shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. (c) Owner shall have the right to occupy Phases of the Work as set out in the Contract Documents and to enter and occupy the Work in whole or in part for the purpose of placing fittings, furniture and equipment or for other uses, including the intended use of Owner before Substantial Completion of the Work, as provided for in the Construction Schedule. Project Co shall cooperate with Owner, the Owner’s Project Manager and the Consultant, so as to permit Owner to occupy and to place such fittings, furniture and equipment in the most efficient manner possible. Such entry and occupation shall not be considered an acceptance of the Work or in any way relieve Project Co from responsibility to complete this Project Agreement. Subject to Section 11.19(d), Project Co is responsible to ensure the completion of Phases of the Work in accordance with the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date Dates and the Scheduled Substantial Completion Date and that the Phases of the Work are ready for occupancy by Owner in accordance with the Contract Documents including the requirements of paragraphs (b) and (c), and to the extent available, paragraph (d) of Section 1.36 1.196 of Schedule 1 – Definitions and Interpretation “Completion of the Phase 1 Work” and paragraph (d) of Section 1.207 of Schedule 1 – 1- Definitions and Interpretation “Substantial Completion”, as applicable to the respective Phase of the Work. Project Co acknowledges that Substantial Completion of the Work is only achieved in respect of the Work as a whole and not in respect of any Phase of the Work.

USE OF THE WORK. (a) Project Co shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by Applicable Law or the Contract Documents and shall not unreasonably encumber the Work with Products. (b) Project Co shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. (c) Owner shall have the right to occupy Phases of the Work as set out in the Contract Documents and to enter and occupy the Work in whole or in part for the purpose of placing fittings, furniture and equipment or for other uses, including the intended use of Owner before Substantial Completion of the Work, as provided for in the Construction Schedule. Project Co shall cooperate with Owner, the Owner’s Project Manager and the Consultant, so as to permit Owner to occupy and to place such fittings, furniture and equipment in the most efficient manner possible. Such entry and occupation shall not be considered an acceptance of the Work or in any way relieve Project Co from responsibility to complete this Project Agreement. Project Co is responsible to ensure the completion of Phases of the Work in accordance with the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date and Scheduled Substantial Completion Date and that the Phases of the Work are ready for occupancy by Owner in accordance with the Contract Documents including the requirements of paragraphs (b) and (c), and to the extent available, paragraph (d) of Section 1.36 of Schedule 1 – Definitions and Interpretation “Completion of the Phase 1 Work” and paragraph (d) of Section 1.207 1.206 of Schedule 1 – Definitions and Interpretation “Substantial Completion”, as applicable to the respective Phase of the Work. Project Co acknowledges that Substantial Completion of the Work is only achieved in respect of the Work as a whole and not in respect of any Phase of the Work.