Common use of NO WAIVER OF LEGAL RIGHTS Clause in Contracts

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. No approval given by the Authority Village under this Contract Agreement shall operate to relieve the Contractor Design/Builder from any of its responsibilities under this Contract Agreement or be deemed as an approval by the Authority Village of any deviation contained in any items or document documents subject to such approval from, or of any failure by the Contractor Design/Builder to comply with, with any requirement of this ContractAgreement or any provision of the other Contract Documents, unless such deviation or failure has been specifically identified by the Design/Builder and approved by a Modification an Amendment to this Contract in accordance with its termsAgreement. Unless the Authority Village has specifically approved in writing a deviation from the Contract Documents in a contract modificationwriting by an Amendment, the Authority Village shall not be precluded or stopped estopped by any such Village approval, review, measurement, estimate or certificate made by Village either before or after the completion and acceptance of the Work and and/or any payment thereforetherefor, from (a) showing the true amount and character of the Work performed and goods and materials furnished by the ContractorDesign/Builder, 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 Agreement or the any other Contract Documents, or (b) recovering from the Contractor Design/Builder and its sureties such damages as it may sustain by reason of Contractor's the Design/Builder’s failure to comply with the terms of this ContractAgreement. Except as provided herein, neither the acceptance of by the AuthorityVillage, or any representative of the AuthorityVillage, 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 AuthorityVillage, shall operate as a waiver of any portion of this ContractAgreement, or of any power herein reserved or any right to damages herein provided. A waiver of any other breach of this Contract Agreement shall not be held to be a waiver of any other breach whether prior to or subsequent thereto. The AuthorityVillage's delay in declaring that a breach has occurred or otherwise asserting its rights under this Contract Agreement shall not constitute a waiver of such breach or limit any of the AuthorityVillage's rights under this Contract, so long as the breach shall be continuingAgreement.