Common use of No Waiver or Novation Clause in Contracts

No Waiver or Novation. The failure of PRIFA or PRIFA's Representative to enforce any provision of the Contract or any right or remedy available at law of The Commonwealth of Puerto Rico or in equity shall not be construed to be a waiver of any such provision, right or remedy, or to affect in any way the validity of the Contract or any part thereof. To be effective, a waiver of any right of PRIFA under the Contract must be express, in writing and specifically addressed to the Contractor. PRIFA and the Contractor expressly agree that no amendment of the Contract or Change Order shall be understood or construed as a contractual novation of the Contract, unless both parties agree to the contrary specifically in writing. The foregoing provision shall be equally applicable in such other cases where PRIFA grants the Contractor an extension of time for compliance with any of the Contractor's obligations under the Contract, or where PRIFA fails to make any claim or demand with respect to any of its rights or remedies under the Contract. Under no circumstances, except where PRIFA specifically agrees in writing, shall PRIFA's rights under the Contract be understood or construed to have been waived by any amendment, Change Order or extension of time or by reason of any failure to make any claim or demand with respect to any of PRIFA's rights or remedies under the Contract, even where PRIFA has agreed, as provided under the previous paragraph, that any of these circumstances shall constitute a contractual novation, and PRIFAI hereby expressly reserves its right to enforce or make any claim with respect to its rights and obligations under the Contract and to require and insist on the Contractor's compliance with any and all of its obligations under the Contract as if such amendment, Change Order, extension of time, failure to make a claim or demand, or novation, if any, had not occurred or been made.

No Waiver or Novation. The failure of PRIFA AFI or PRIFA's AFI’s Representative to enforce any provision of the Contract or any right or remedy available at law of The Commonwealth of Puerto Rico or in equity shall not be construed to be a waiver of any such provision, right or remedy, or nor to affect in any way the validity of the Contract or any part thereof. To be effective, a waiver of any right of PRIFA AFI under the Contract must be express, expressed in writing and specifically addressed to the Contractor. PRIFA AFI and the Contractor expressly agree that no amendment of the Contract or Change Order shall be understood or construed as a contractual novation of the Contract, unless both parties agree to the contrary specifically in writing. The foregoing provision shall be equally applicable in such other cases where PRIFA AFI grants the Contractor an extension of time for compliance with any of the Contractor's ’s obligations under the Contract, or where PRIFA AFI fails to make any claim or demand with respect to any of its rights or remedies under the Contract. Under no circumstances, except where PRIFA AFI specifically agrees in writing, shall PRIFA's AFI’s rights under the Contract be understood or construed to have been waived by any amendment, Change Order or extension of time or by reason of any failure to make any claim or demand with respect to any of PRIFA's AFI’s rights or remedies under the Contract, even where PRIFA AFI has agreed, as provided under the previous paragraph, that any of these circumstances shall constitute a contractual novation, and PRIFAI AFI hereby expressly reserves its right to enforce or make any claim with respect to its rights and obligations under the Contract and to require and insist on the Contractor's ’s compliance with any and all of its obligations under the Contract as if such amendment, Change Order, extension of time, failure to make a claim or demand, or novation, if any, had not occurred or been made. All clauses, conditions and laws that govern this Agreement shall be binding and demandable for all parties from the creation to the term of the Agreement. Therefore, any change or transfer of the rights of a Contractor to a third party with respect to the rights of the Contractor shall make this third party a Successor Contractor and shall have the same responsibilities and benefits of the original Contractor, and shall also comply with the requirement of a qualified and selected Contractor. The change in Contractor shall not be considered a novation of any type whatsoever to demand changes or the extinction of the clauses of the Contract. If the Successor Contractor requests a change in the Agreement, it shall be submitted to and approved by AFI and the Board of the APP.

No Waiver or Novation. The failure of PRIFA SOEP or PRIFASOEP's Representative to enforce any provision of the Contract or any right or remedy available at law of The Commonwealth of Puerto Rico or in equity shall not be construed to be a waiver of any such provision, right or remedy, or nor to affect in any way the validity of the Contract Agreement 16 Contract or any part thereof. To be effective, a waiver of any right of PRIFA SOEP under the Contract must be express, in writing and specifically addressed to the Contractor. PRIFA SOEP and the Contractor expressly agree that no amendment of the Contract or Change Order shall be understood or construed as a contractual novation of the Contract, unless both parties agree to the contrary specifically in writing. The foregoing provision shall be equally applicable in such other cases where PRIFA SOEP grants the Contractor an extension of time for compliance with any of the Contractor's obligations under the Contract, or where PRIFA SOEP fails to make any claim or demand with respect to any of its rights or remedies under the Contract. Under no circumstances, except where PRIFA SOEP specifically agrees in writing, shall PRIFASOEP's rights under the Contract be understood or construed to have been waived by any amendment, Change Order or extension of time or by reason of any failure to make any claim or demand with respect to any of PRIFASOEP's rights or remedies under the Contract, even where PRIFA XXXX has agreed, as provided under the previous paragraph, that any of these circumstances shall constitute a contractual novation, and PRIFAI SOEP hereby expressly reserves its right to enforce or make any claim with respect to its rights and obligations under the Contract and to require and insist on the Contractor's compliance with any and all of its obligations under the Contract as if such amendment, Change Order, extension of time, failure to make a claim or demand, or novation, if any, had not occurred or been made.