Common use of Breach Waiver Clause in Contracts

Breach Waiver. 13.1 The following is a non-exclusive list of conditions that constitute a breach of this Agreement by Contractor: a) defective work not being remedied; b) claims filed by third parties; c) failure of the Contractor to make payments to subcontractors or suppliers for Work in place for labor, materials, or equipment; d) evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; e) failure to begin the Work and/or obtain building permit by the Commencement Date; f) evidence that the Work will not be completed within the Contract Time and the retainage will not be adequate to cover the actual or liquidated damages for the anticipated delay; g) persistent failure to meet interim deadlines; or h) persistent failure to carry out the Work in accordance with the Contract Documents. 13.2 It is a breach of this Agreement if the City fails to timely pay Contractor (i.e. within 30 days following a request for payment) if the request for payment is in order and the relevant work is substantially and satisfactorily complete. 13.3 The making of final payment shall constitute a waiver of claims by the City except those arising from: a) liens, claims, security interests or encumbrances arising out of the Contract and unsettled; b) failure of the Work to comply with the requirements of the Contract Documents; and c) terms of special warranties required by the Contract Documents. 13.4 Acceptance of final payment by the Contractor, a Subcontractor, or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.