Waiver by Contractor Clause Samples
The 'Waiver by Contractor' clause defines the circumstances under which the contractor may relinquish certain rights or claims under the contract. Typically, this clause clarifies that if the contractor chooses not to enforce a particular contractual right or overlooks a breach by the other party, such inaction does not mean the contractor permanently gives up that right or any future claims. For example, if the contractor does not immediately object to a late payment, this does not prevent them from enforcing payment terms in the future. The core function of this clause is to protect the contractor from unintentionally losing legal rights due to inaction or leniency, ensuring that waivers are only effective if explicitly agreed upon.
Waiver by Contractor. The acceptance of final payment by Contractor shall constitute a waiver of all claims by Contractor except those previously made by Contractor and identified by Contractor in the final Application for Payment as unsettled as of the date of the Application for Payment.
Waiver by Contractor. Failure by CONTRACTOR to strictly comply with these requirements concerning the timing and content of any notice or request for contract adjustment based on Differing Site Conditions shall constitute a waiver by CONTRACTOR of the right to further recourse or recovery upon such claim.
Waiver by Contractor. CONTRACTOR WAIVES THE RIGHT TO FURTHER RECOURSE OR RECOVERY OF COSTS OR DAMAGES BY REASON OF OR RELATED TO ANY DELAY (INCLUDING, WITHOUT LIMITATION, COMPENSABLE DELAY) THAT IS IN EXCESS OF OR NOT RECOVERED BY CONTRACTOR AS PART OF THE LIQUIDATED DAMAGES PAYBLE TO CONTRACTOR UNDER THIS SECTION 3.3.
Waiver by Contractor. Contractor agrees that Company shall not be responsible for any loss or damage to any property of Contractor resulting from fire, theft or any other cause unless due to the gross negligence or willful misconduct of Company and, except to the extent expressly provided herein, Contractor expressly assumes all risks of loss, damage or destruction of or to any of its property resulting from any such causes.
Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice.
Waiver by Contractor. Failure by Contractor to timely submit a COR in full compliance with the formatting and documentation requirements of this Article 7 shall constitute an intentional waiver of the right to additional time and/or money by virtue of the applicable instruction, request, drawing, specification, action, condition, omission, default and/or other circumstance that Contractor believes entitles it to additional time or money, for any reason and under any theory.
Waiver by Contractor