Effect of Final Payment Sample Clauses

Effect of Final Payment. Final Payment constitutes a waiver of all claims by Owner, relating to the condition of the Work except those arising from: 12.3.6.1 Faulty or defective Work appearing after Substantial Completion (latent defects); 12.3.6.2 Failure of the Work to comply with the requirements of the Contract Documents; 12.3.6.3 Terms of any warranties required by the Contract, or implied by law; or 12.3.6.4 Claims arising from personal injury or property damage to third parties.
Sample 1Sample 2Sample 3See All (50)
AutoNDA by SimpleDocs
Effect of Final Payment. The acceptance of the final payment by the Consultant will constitute and operate as a release to the County of all claims and liability to the Consultant, its representatives, and assigns, for any and all Work performed, furnished, or relating to the services rendered by or in connection with a Work Order or any part thereof. The Consultant agrees to reimburse the County for any overpayment discovered by the County or its authorized representative.
Sample 1Sample 2Sample 3See All (7)
Effect of Final Payment. By making the final payment pursuant to this Agreement, Contracting Party acknowledges that all work has been satisfactorily completed to industry standards; and that Contractor has performed all its duties and obligations hereunder.
Sample 1Sample 2
Effect of Final Payment. The making of final payment by Owner will not constitute a waiver of claims by Owner. The acceptance of final payment by Contractor will constitute a waiver of claims by Contractor, except those previously made in writing and identified by Contractors as unresolved at the time of final application for payment.
Sample 1Sample 2
Effect of Final Payment. Contractor’s acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against PSTA arising out of this Agreement or otherwise relating to the Project, except those identified in writing by Contractor as unsettled in the final application for payment. Neither the acceptance of the Project nor payment by PSTA shall be deemed to be a waiver of PSTA’s right to enforce the warranties provided by Contractor in this Agreement, any obligations of Contractor under this Agreement, or to the recovery of damages for defective work.
Sample 1

Related to Effect of Final Payment

  • Effect of Non-Payment 51.22.1 If the billed Party does not pay all undisputed charges by the Bill Due Date, the billing Party may discontinue processing orders for services provided under this Agreement and may invoke the Default provisions of Section 6.6 on or after the tenth (10th) Day following the Bill Due Date provided the billing Party notifies the other Party in writing, via email or certified mail, at least five (5) Days prior to discontinuing the processing of orders. If the billing Party continues to accept additional orders for service(s) after the date specified in such notice, and the billed Party’s non-compliance continues, nothing contained herein shall preclude the billing Party from refusing to accept any or all additional orders for service(s) from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement. Additionally, the billing Party may require a deposit or assurance of payment

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Effect of Settlement/Reservation of Rights The following shall apply: (a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement. (b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Pyrolites Firestarters with respect to: (i) Noncompliance with or enforcement of any provision of this Settlement Agreement. (ii) Facts that were not disclosed by Pyrolites Firestarters to CARB. (iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement. (iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise. (v) Any criminal liability. (vi) Any claim(s) of any officer or agency of the United States or California, other than CARB. (c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Pyrolites Firestarters shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case. (d) This Settlement Agreement does not limit or affect the rights of Pyrolites Firestarters or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Pyrolites Firestarters, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement. (e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Pyrolites Firestarters is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.

  • Continuing Effect of Agreement Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

  • Effect of Non-Compliance Failure to comply with the requirements set forth herein may result in termination of this Agreement and/or ineligibility for award of future contracts.

  • Authorization and Effect of Agreement Seller has the requisite corporate power and authority to execute and deliver this Agreement and to perform the transactions contemplated hereby to be performed by Seller. The execution and delivery by Seller of this Agreement and the performance by Seller of the transactions contemplated hereby to be performed by Seller have been duly authorized by all necessary corporate action on the part of Seller. This Agreement has been duly executed and delivered by Seller and, assuming the due execution and delivery of this Agreement by Buyer, constitutes a valid and binding obligation of Seller, enforceable in accordance with its terms.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!