Owner shall have the right to occupy or use any completed or partially completed portion of the Premises at any stage, provided such occupancy or use is not prohibited by public authorities having jurisdiction over the Work. Such partial use or occupancy may commence whether or not the Work is Substantially Complete, provided Owner and Construction Manager have accepted in writing the responsibilities assigned to each of them for payments, retainage (if any), security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period required for correction of the Work and commencement of warranties. Owner and Construction Manager agree that in the event Owner shall occupy any portion of the Premises prior to the Substantial Completion of all the Work, the parties shall reasonably cooperate with one another in order to coordinate their access requirements.
- Such occupancy before completion of the Work shall not operate to cause a change in the Cost of the Work, the General Conditions Cost, or the Construction Schedule unless Construction Manager shall have notified Owner prior to Owner’s occupancy that in Construction Manager’s reasonable opinion, such occupancy will affect the Cost of the Work, the General Conditions Cost, the Construction Schedule or the quality of the Work, nor shall it diminish or otherwise affect any claims which Owner may have against Construction Manager or constitute Owner’s acceptance of any Work. Notwithstanding the foregoing, if Owner shall dispute whether or not such occupancy will affect the Cost of the Work, the General Conditions Cost, the Construction Schedule or the quality of the Work, Owner shall have the option of moving into all or any part of the Premises. Immediately prior to any partial occupancy or use, Owner, Construction Manager and the Design Team shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.