Common use of Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise Clause in Contracts

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program Manager, or any person or entity other than the School District.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Professional Services

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Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Commissioning Agent to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Commissioning Agent shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerCommissioning Agent, or any person or entity other than the School District.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Contract for Professional Engineering Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Architectural Designer to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Architectural Designer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerArchitectural Designer, or any person or entity other than the School District.

Appears in 2 contracts

Samples: Contract for Professional Architectural Design Services, Contract for Professional Architectural Design Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection conjunction with such any other remedies remedy or remedies, as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in this Section 14 and may permit the Program Manager Design Professional to continue to perform the WorkWork or Services. No extension or indulgence granted by the School District to the Program Manager Design Professional shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerDesign Professional, or any person or entity other than the School District.

Appears in 2 contracts

Samples: Contract for Professional Design Services, Professional Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager MEP & FP Engineer to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager MEP & FP Engineer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerMEP & FP Engineer, or any person or entity other than the School District.

Appears in 1 contract

Samples: Professional Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager MEP & FP Engineer to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager MEP & FP Engineer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerMEP & FP Engineer, or any person or entity other than the School District.

Appears in 1 contract

Samples: Multi Party Contract for Professional Engineering Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Commissioning Agent to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Commissioning Agent shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerCommissioning Agent, or any person or entity other than the School District.

Appears in 1 contract

Samples: Professional Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Construction Cost Consultant to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Construction Cost Consultant shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerConstruction Cost Consultant, or any person or entity other than the School District.

Appears in 1 contract

Samples: Contract for Professional Estimating and Scheduling Services

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Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Construction Cost Estimator to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Construction Cost Estimator shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerConstruction Cost Estimator, or any person or entity other than the School District.

Appears in 1 contract

Samples: Professional Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Roofing Designer to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Roofing Designer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerRoofing Designer, or any person or entity other than the School District.

Appears in 1 contract

Samples: Professional Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Material Testing Consultant to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Material Testing Consultant shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerMaterial Testing Consultant, or any person or entity other than the School District.

Appears in 1 contract

Samples: Contract for Supplemental Professional Material Testing and Special Inspection Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section Setion 14 and may permit the Program Manager Structural Engineer to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Structural Engineer shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerStructural Engineer, or any person or entity other than the School District.

Appears in 1 contract

Samples: Contract for Professional Structural Engineering Design Services

Concurrent Pursuit of Remedies; No Waiver or Duty to Exercise. The School District may exercise any or all of the remedies set forth in this Section 14, each of which may be pursued separately or in connection with such other remedy or remedies as the School District, in its sole discretion, shall determine. The School District may in its sole discretion elect not to exercise any of the remedies set forth in Section 14 and may permit the Program Manager Material Testing Consultant to continue to perform the Work. No extension or indulgence granted by the School District to the Program Manager Material Testing Consultant shall operate as a waiver of any of the School District’s rights in connection with this Contract. The rights and remedies of the School District as described in this Section 14 and elsewhere in this Contract shall not be exclusive and are in addition to any other rights or remedies available to the School District under this Contract, at law, or in equity. Nothing contained in this Section 14 shall create a duty on the part of the School District to exercise any rights granted to it hereby for the benefit of the School District, or for the benefit of the Program ManagerMaterial Testing Consultant, or any person or entity other than the School District.

Appears in 1 contract

Samples: Contract for Supplemental Professional Material Testing and Inspection Services

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