Non-Conforming Services. The acceptance by City of any non- conforming services under the terms of this Agreement or the foregoing or waiver by City of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of City’s right to conforming services or any rights and/or remedies in respect to any subsequent Breach or Default of the terms of this Agreement. In the event of any Default or Breach of this Agreement by Manager, City shall have the right to pursue any rights and remedies available at law or in equity. The rights and remedies of City provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Appears in 2 contracts
Samples: Facility Management Agreement, Facility Management Agreement
Non-Conforming Services. The acceptance by City of any non- non-conforming services under the terms of this Agreement or the foregoing or waiver by City of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of City’s right to conforming services or any rights and/or remedies in respect to any subsequent Breach breach or Default default of the terms of this Agreement. In the event of any Default or Breach of this Agreement by Manager, City shall have the right to pursue any rights and remedies available at law or in equity. The rights and remedies of City provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Appears in 2 contracts
Samples: Project and License Agreement, Project and License Agreement
Non-Conforming Services. The acceptance by City of any non- non-conforming services under the terms of this Agreement or the foregoing or waiver by City of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of City’s right to conforming services or any rights and/or remedies in respect to any subsequent Breach or Default of the terms of this Agreement. In the event of any Default or Breach of this Agreement by ManagerContractor, City shall have the right to pursue any and all rights and remedies available at law or in equity. The rights and remedies of City provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Appears in 1 contract
Samples: Major Maintenance Agreement
Non-Conforming Services. The acceptance by City of any non- non-conforming services under the terms of this Agreement or the foregoing or waiver by City of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of City’s right to conforming services or any rights and/or remedies in respect to any subsequent Breach or Default of the terms of this Agreement. In the event of any Default or Breach of this Agreement by Manager, City shall have the right to pursue any rights and remedies available at law or in equity. The rights and remedies of City provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Appears in 1 contract
Samples: Facility Management Agreement