Forbearance, severability Clause Samples

Forbearance, severability. 4.1. No forbearance, failure, delay, indulgence or relaxation on the part of the Council, (including the Authorised Officer) shown or granted to the Contractor in respect of its obligations under this Contract, shall in any way affect, restrict or diminish the rights and powers of the Council or the Authorised Officer under this Contract, or operate as, or be deemed, a waiver of any breach of contract. 4.2. Waiver by the Council of any rights or remedies arising from a breach of its obligations by the Contractor shall not prejudice the right of the Council to enforce its rights or remedies under this Contract in respect of another similar or identical breach, whether previous or after the breach in respect of which the waiver was granted, and shall not affect the validity of the Contract or any part thereof or the right of the Council to enforce any provision of the Contract in accordance with its terms. 4.3. No waiver of any provision of this Contract shall be effected unless expressly stated to be a waiver and communicated to the Contractor in writing and signed by the Chief Executive or the Director of Environment and Culture. 4.4. Subject as expressly provided otherwise in this Contract, the rights, powers and remedies provided in this Contract are cumulative and not exclusive of any rights, powers and remedies provided by law. 4.5. If at any time any Clause or part of a Clause or Schedule or Appendix or part of a Schedule or Appendix to this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect that shall not affect or impair the legality, validity or enforceability of any other provision of this Contract.