Common use of Acceptance of Final Payment Clause in Contracts

Acceptance of Final Payment. 78.1. The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment, whether such payment be made pursuant to any judgment of any court, or otherwise, shall constitute and operate as a release of the City from any and all claims of and liability to the Contractor for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of its officials, agents or employees, excepting only a claim against the City for the amounts deducted or retained in accordance with the terms and provisions of this Contract or by Law, and excepting any claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the verified statement filed with the Contractor’s substantial and final requisitions pursuant to Article 76 and Article 77.

Appears in 9 contracts

Samples: a856-cityrecord.nyc.gov, a856-cityrecord.nyc.gov, a856-cityrecord.nyc.gov

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Acceptance of Final Payment. 78.1. 46.1 The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment, whether such payment be made pursuant to any judgment of any court, or otherwise, shall constitute and operate as a release of the City from any and all claims of and liability to the Contractor for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of its officials, agents or employees, excepting only a claim against the City for the amounts deducted or retained in accordance with the terms and provisions of this Contract or by Law, and excepting any claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the verified statement filed with the Contractor’s substantial and final requisitions pursuant to Article 76 Articles 44 and Article 7745.

Appears in 9 contracts

Samples: Construction Contract, a856-cityrecord.nyc.gov, a856-cityrecord.nyc.gov

Acceptance of Final Payment. 78.165.1. The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment, whether such payment be made pursuant to any judgment of any court, or otherwise, shall constitute and operate as a release of the City from any and all claims of and liability to the Contractor for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of its officialsofficial, agents or employees, excepting only a claim against the City for the amounts deducted or retained in accordance with the terms and provisions of this Contract or by Law, and excepting any claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the verified statement filed with the Contractor’s substantial and final requisitions pursuant to Article 76 and Article 7764.

Appears in 7 contracts

Samples: Supply and Service Agreement, Supply and Service Agreement, Supply and Service Agreement

Acceptance of Final Payment. 78.146.1. The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment, whether such payment be made pursuant to any judgment of any court, or otherwise, shall constitute and operate as a release of the City from any and all claims of and liability to the Contractor for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of its officials, agents or employees, excepting only a claim against the City for the amounts deducted or retained in accordance with the terms and provisions of this Contract or by Law, and excepting any claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the verified statement filed with the Contractor’s substantial and final requisitions pursuant to Article 76 Articles 44 and Article 7745.

Appears in 3 contracts

Samples: a856-cityrecord.nyc.gov, a856-cityrecord.nyc.gov, a856-cityrecord.nyc.gov

Acceptance of Final Payment. 78.179.1. The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment, whether such payment be made pursuant to any judgment of any court, or otherwise, shall constitute and operate as a release of the City from any and all claims of and liability to the Contractor for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of its officials, agents or employees, excepting only a claim against the City for the amounts deducted or retained in accordance with the terms and provisions of this Contract or by Law, and excepting any claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the verified statement filed with the Contractor’s substantial and final requisitions pursuant to Article 76 77 and Article 7778.

Appears in 3 contracts

Samples: Furnish and Install Agreement, a856-cityrecord.nyc.gov, a856-cityrecord.nyc.gov

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Acceptance of Final Payment. 78.177.1. The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment, whether such payment be made pursuant to any judgment of any courtCourt, or otherwise, shall constitute and operate as a release of to the City from any and all claims of and liability to the Contractor for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of its officialsofficers, agents or employees, excepting only a claim against the City for the amounts deducted or retained in accordance with the terms and provisions of this Contract or by Law, and excepting any claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the verified statement filed with the Contractor’s substantial and final requisitions pursuant to Article 76 75 and Article 7776.

Appears in 2 contracts

Samples: a856-cityrecord.nyc.gov, a856-cityrecord.nyc.gov

Acceptance of Final Payment. 78.165.1. The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment, whether such payment be made pursuant to any judgment of any court, or otherwise, shall constitute and operate as a release of the City from any and all claims of and liability to the Contractor for anything heretofore done or furnished for the Contractor relating to or arising out of this Contract and the Work done hereunder, and for any prior act, neglect or default on the part of the City or any of its officials, agents or employees, excepting only a claim against the City for the amounts deducted or retained in accordance with the terms and provisions of this Contract or by Law, and excepting any claims, not otherwise waived, or any pending dispute resolution procedures which are contained in the verified statement filed with the Contractor’s substantial and final requisitions requisition pursuant to Article 76 and Article 7764.

Appears in 1 contract

Samples: Staten Island Ferry

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