NO WAIVER OF LEGAL RIGHTS Sample Clauses
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. 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. 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. 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. 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. No approval given by the Authority under this Contract shall operate to relieve the Contractor from any of its responsibilities under this Contract or be deemed as an approval by the Authority of any deviation contained in any items or document subject to such approval from, or of any failure by the Contractor to comply with, any requirement of this Contract, unless such deviation or failure has been specifically approved by a Modification to this Contract in accordance with its terms. Unless the Authority has specifically approved in writing a deviation from the Contract Documents in a contract modification, the Authority shall not be precluded or stopped by any such approval, review, measurement, estimate or certificate made either before or after the completion and acceptance of the Work and payment therefore, from (a) showing the true amount and character of the Work performed and goods and materials furnished by the Contractor, or showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that the Work or goods and materials do not conform in fact to this Contract or the Contract Documents, or (b) recovering from the Contractor and its sureties such damages as it may sustain by reason of Contractor's failure to comply with the terms of this Contract. Except as provided herein, neither the acceptance of the Authority, or any representative of the Authority, nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possession taken by the Authority, shall operate as waiver of any portion of this Contract, or of any power herein reserved or any right to damages herein provided. A waiver of any other breach of this Contract shall not be held to be a waiver of any other breach whether prior to or subsequent thereto. The Authority's delay in declaring that a breach has occurred or otherwise asserting its rights under this Contract shall not constitute a waiver of such breach or limit any of the Authority's rights under this Contract, so long as the breach shall be continuing.
NO WAIVER OF LEGAL RIGHTS. Upon completion of the Work, the Owner will make a 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 Documents. 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. In all cases, 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.
NO WAIVER OF LEGAL RIGHTS. The Employer and the Union
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. The County of Xxxxx shall not be precluded or estopped by any measurement or estimate made either before or after the completion and acceptance of the Work and payment therefore, from showing the true amount and character of the Work performed and materials furnished by the Contractor, nor from showing that any such measurement or estimate is untrue or incorrectly made, nor that the Work or materials do not conform in fact to the Contract. The County shall not be precluded or estopped, notwithstanding any such measurement of estimate and payment in accordance therewith, from recovering from the Contractor and the Surety such damages as it may have sustained by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the Engineer or by his representative, nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possessions taken by the Engineer shall operate as a waiver, of any portion of the Contract or of any power herein reserved or any right 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. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.