Common use of Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise Clause in Contracts

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning Agent, or any person or entity other than the School District.

Appears in 3 contracts

Samples: www.philasd.org, www.philasd.org, www.philasd.org

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Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent Program Manager to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Program Manager shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentProgram Manager, or any person or entity other than the School District.

Appears in 3 contracts

Samples: www.philasd.org, www.philasd.org, www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection conjunction with such any other remedy or remedies remedies, as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in this Section 14 and may permit the Commissioning Agent Design Professional to continue to perform the WorkWork or Services. No extension or indulgence granted by the School District to the Commissioning Agent Design Professional shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentDesign Professional, or any person or entity other than the School District.

Appears in 2 contracts

Samples: www.philasd.org, www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent Architectural Designer to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Architectural Designer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentArchitectural Designer, or any person or entity other than the School District.

Appears in 2 contracts

Samples: Oracle Contract, www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent Roofing Designer to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Roofing Designer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentRoofing Designer, or any person or entity other than the School District.

Appears in 1 contract

Samples: www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent Construction Cost Estimator to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Construction Cost Estimator shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentConstruction Cost Estimator, or any person or entity other than the School District.

Appears in 1 contract

Samples: www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent Construction Cost Consultant to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Construction Cost Consultant shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentConstruction Cost Consultant, or any person or entity other than the School District.

Appears in 1 contract

Samples: Oracle Contract

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning Agent, or any person or entity other than the School District.

Appears in 1 contract

Samples: Oracle Contract

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Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent MEP & FP Engineer to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent MEP & FP Engineer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentMEP & FP Engineer, or any person or entity other than the School District.

Appears in 1 contract

Samples: Oracle Contract

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent Material Testing Consultant to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Material Testing Consultant shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentMaterial Testing Consultant, or any person or entity other than the School District.

Appears in 1 contract

Samples: www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent MEP & FP Engineer to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent MEP & FP Engineer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentMEP & FP Engineer, or any person or entity other than the School District.

Appears in 1 contract

Samples: www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section Setion 14 and may permit the Commissioning Agent Structural Engineer to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Structural Engineer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentStructural Engineer, or any person or entity other than the School District.

Appears in 1 contract

Samples: www.philasd.org

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Commissioning Agent Material Testing Consultant to continue to perform the Work. No extension or indulgence granted by the School District to the Commissioning Agent Material Testing Consultant shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Commissioning AgentMaterial Testing Consultant, or any person or entity other than the School District.

Appears in 1 contract

Samples: www.philasd.org

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