Common use of NO WAIVER OF LEGAL RIGHTS Clause in Contracts

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.

NO WAIVER OF LEGAL RIGHTS. The County of Xxxxx shall not be precluded or estopped by estoppedby 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.