Common use of Acceptance and Application of Payment; Not Accord and Satisfaction Clause in Contracts

Acceptance and Application of Payment; Not Accord and Satisfaction. 1. No receipt by the State of a lesser payment than the payment required under this Agreement shall be considered to be other than on account of the earliest amount due, and no endorsement or statement on any check or letter accompanying a payment or check shall be considered an accord and satisfaction. The State may accept checks or payments without prejudice to its right to recover all amounts due and pursue all other remedies provided for in this Agreement. 2. Acceptance of monies from the Charter School after the Charter School has received notice of termination shall in no way reinstate, continue, or extend the term or affect the termination notice. The State may receive and collect any payment due, and payment shall not waive or affect any prior notice, action, or judgment.

Appears in 3 contracts

Sources: Funding Agreement, Funding Agreement, Funding Agreement