NO WAIVER OF LEGAL RIGHTS. The Employer and the Union agree that this program shall not diminish the rights of individual employees under State and/or Federal laws relating to drug and/or alcohol testing.
NO WAIVER OF LEGAL RIGHTS. The Project Manager shall not be precluded or estopped by any measurements, estimate or certificate made either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement estimate or certificate is untrue or incorrectly made, or rejecting the work or materials that do not conform in fact to the contract. The Project Manager shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and its sureties such damages as the Department may sustain by reason of the Contractor’s failure to comply with the terms of the Contract. Neither the acceptance by the Project Manager or any representative of the Project Manager, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, or any possession taken by the Project Manager, shall operate as a waiver of any portion of the contract, or of any power herein reserved, or any right to damage herein provided. A waiver of any notice requirement or breach of the contract shall not be held to be a waiver of any other notice requirement or subsequent breach.
NO WAIVER OF LEGAL RIGHTS. Neither the acceptance by the City, or any representative of the City, nor any payment for or acceptance of the whole or any part of the deliverables, nor any extension of time, nor any possession taken by the City, shall operate as a waiver by the City of any portion of the Contract, or of any power herein reserved or any right of the City to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. Whenever under this Contract the City by a proper authority waives the Contractor's performance in any respect or waives a requirement or condition to either the City's or the Contractor's performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and will not be deemed a waiver forever or for subsequent instance of the performance, requirement, or condition. No such waiver shall be construed as a modification of this Contract regardless of the number of time the City may have waived the performance, requirement, or condition.
NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty and guaranty. 70-18 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.
NO WAIVER OF LEGAL RIGHTS. A waiver by a party of any breach by the other shall not be deemed to be a waiver of any subsequent breach.
NO WAIVER OF LEGAL RIGHTS. Notwithstanding any other provision of this Agreement, for a period of 3 years after final acceptance all estimates and payments made pursuant to the Agreement, including the Final Payment, shall be subject to correction and adjustment for clerical or other errors in the calculations involved in the determination of quantities and payments. The CONSULTANT and the STATE agree to pay to the other any sum due under the provisions of this Article, provided, however, if the total sum to be paid is less than $100, no such payment shall be made. A waiver on the part of the STATE of any breach of any part of the Agreement shall not be held to be a waiver of any other or subsequent breach. The CONSULTANT, without prejudice to the terms of the Agreement, shall be liable to the STATE at any time both before and after completion of the work and final payment for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the STATE’s rights under any warranty or guaranty.
NO WAIVER OF LEGAL RIGHTS. 1. SCC will not be precluded or stopped from showing the true amount and character of the Work performed and materials furnished by the Contractor or from showing that any measurement, estimate, or certificate is untrue or incorrectly made, or that the Work or material do not conform in fact to the Contract. SCC will not be precluded or stopped from recovering from the Contractor and its sureties such damages as SCC may sustain by reason of Contractor's failure to comply with the terms of the Contract.
NO WAIVER OF LEGAL RIGHTS. Any waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach, or of any right, that APS or Contractor may have for damages. The Parties may waive any provision in this Contract only by a writing executed by the Party or Parties against whom the waiver is sought to be enforced. No failure or delay (1) in exercising any right or remedy, or (2) in requiring the satisfaction of any condition under this Contract, and no act, omission, or course of dealing between the parties – operates as a waiver or estoppel of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other Person.
NO WAIVER OF LEGAL RIGHTS. Nothing in this MA shall prevent DCS, DAS or the State Agency from pursuing legal action against a contractor performing work on State buildings pursuant to this MA.
NO WAIVER OF LEGAL RIGHTS. Upon completion of the Work, CPRA will make final inspection and then notify the XXXX Contractor of Final Acceptance within 30 Calendar Days. Such Final Acceptance will not prevent CPRA from correcting any measurement, estimate, or certificate made before or after completion of the Work, nor will CPRA be prevented from recovering from the XXXX Contractor, its Surety, or both such overpayment as it may sustain by failure of the XXXX Contractor to fulfill obligations under the Contract. A waiver by CPRA of any breach of any part of the Contract will not be a waiver of any other breach. The XXXX Contractor, without prejudice to the terms of the Contract, shall be liable to CPRA for latent defects, fraud, or such mistakes as may amount to fraud, or as regards CPRA’s rights under any warranty or guaranty. XXXX 506-21 THIRD PARTY LIABILITY It is agreed between the parties executing the Contract that it is not intended by any provisions of the Contract to create the public nor any member thereof as a third-party beneficiary hereunder, nor to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the Contract. XXXX 506-22 ANTI-TRUST VIOLATIONS By execution of the Contract, the XXXX Contractor conveys to CPRA all rights, title, and interest in and to all causes of action it may acquire under federal and State anti-trust laws relating to the goods or services purchased by CPRA pursuant to the Contract.