Lack of Waiver. A failure by the United States to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce any provision or deadline of the Agreement.
Lack of Waiver. In no event shall payment of grant funds to the Grantee by the Commission constitute or be construed as a waiver by the Commission of any breach of covenants, or any default which may exist on the part of the Grantee, and the making of any such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission with respect to such breach or default.
Lack of Waiver. In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default.
Lack of Waiver. A failure by any signatory party to enforce any provision or deadline of this Agreement will not be construed as a waiver of their right to enforce other provisions or deadlines of the Agreement.
Lack of Waiver. Failure by the United States to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement. Term of Agreement. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for three (3) years from the effective date of this Agreement. Headings. The paragraph headings in this Agreement are for convenience only and will not be deemed to affect in any way the language of the provisions to which they refer. Signatories Bind Parties. The person signing for the Parties represent that they are authorized to bind their respective Parties to this Agreement. Entire Agreement. This Settlement Agreement constitutes the entire agreement between the parties relating to Department of Justice Complaint No. 000-00-000. No other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Settlement Agreement, including its attachments, will be enforceable. Public Document. A copy of this document may be made available to any person upon request. Parameters of Agreement. This Agreement does not purport to remedy any other potential violations of the ADA, the Rehabilitation Act, or any other Federal law not specifically referenced herein. This Agreement does not affect Xxxxxxxxx'x continuing responsibility to comply with all aspects of the ADA and the Rehabilitation Act.
Lack of Waiver. Failure by the Department to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce any provisions or deadlines of this Agreement. Term of Agreement. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for three (3) years from the effective date of this Agreement. Headings. The paragraph headings in this Agreement are for convenience only and will not be deemed to affect in any way the language of the provisions to which they refer. Signatories Bind Parties. The persons signing for the Parties represent that they are authorized to bind their respective Parties to this Agreement. Entire Agreement. This Settlement Agreement constitutes the entire agreement between the parties relating to Department of Justice Complaint No. 000-00-000. No other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Settlement Agreement, including its attachments, will be enforceable. Parameters of Agreement. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law not specifically referenced herein. This Agreement does not affect CPD’s continuing responsibility to comply with all aspects of the ADA. Severability. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the Parties, the Department and CPD shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations. For Columbia, South Carolina Police Department By: /s/ X.X. Xxxxxxxx X.X. “SKIP” XXXXXXXX, Chief Date: 4/15/16 By: /s/ Xxxxxxx X. Xxxxxx XXXXXXX X. XXXXXX, City Manager Date: 4/18/16 For the Department: XXXXXX XXXXX Principal Deputy Attorney General for Civil Rights XXX X. XXXX Deputy Assistant Attorney General XXXXXXX X. XXXX, Chief XXXXXXXX X. XXXXX, Special Litigation Counsel XXXXXX X. XXXXXXX, Deputy Chief By: /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX, Attorney Disability Rights Section - NYA Civil Rights Division U.S. Department of Justice 000 Xxxxxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, XX 00000...
Lack of Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.
Lack of Waiver. A. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. DRAFT
