This excerpt taken from the PNK 8-K filed May 17, 2007.
Procedures For Substantial Completion. In addition to the other provisions of this Article 9, procedures to be utilized to determine Substantial Completion of the Work in its entirety, or a designated portion thereof, shall be as follows:
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Contractors consent to early or partial occupancy by Owner is not required. If Contractor has any objection or concern relating to Owners earlier partial occupancy of any part of the Work, Contractor shall promptly inform Owner of such objection or concern in writing as a Claim or request for a Change Order.
In the event of partial occupancy before Substantial Completion as provided above, Contractor shall cooperate with the Owner in making available for Owners use and benefit building services such as heating, ventilation, security, cooling, water, lighting, telephone, and security for the portion or portions to be occupied, and if the Work required to furnish these services is not entirely completed at the time Owner desires to occupy the aforesaid portion or portions, Contractor shall make every reasonable effort to complete such Work or make temporary provisions for such Work as soon as possible so that the aforementioned building services may be put into operation and use.
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In the event of partial occupancy prior to Substantial Completion, mutually acceptable arrangements shall be made between Owner and Contractor in respect of the operation and cost of necessary security and maintenance. Further, mutually acceptable arrangements shall be made between Owner and Contractor in respect of insurance and damage to the Work. Contractors acceptance of arrangements proposed by Owner in respect of these matters shall not be unreasonably withheld, delayed, or conditioned.
It shall be understood, however, that partial occupancy shall not: (1) constitute final acceptance of any Work, or (2) relieve the Contractor of responsibility for loss or damage because of or arising out of defects in, or malfunctioning of, any Work, material, or equipment, or from any other unfulfilled obligations or responsibilities under the Contract Documents; provided that Contractor shall not be liable for ordinary wear and tear resulting from such partial occupancy.