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.
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Samples: Terms and Conditions of Agreement, www.nj.gov, www.nj.gov
