NO ACCEPTANCE, WAIVER OR RELEASE. No exercise of rights or failure to exercise rights by the Authority hereunder shall be construed as the Authority's acceptance of any Operation and Maintenance Service which is defective, incomplete, or otherwise not in compliance with this Agreement, as the Authority's release of the Manager from any obligation under this Agreement, as an estoppel against the Authority, or as the Authority's acceptance of any claim by the Manager. Notwithstanding any review or approval of the Authority hereunder, in no event shall the Manager be excused from the performance of its responsibilities hereunder, except to the extent due to Authority Fault, subject to Section 6.5, or Uncontrollable Circumstances, subject to Section 9.2.
NO ACCEPTANCE, WAIVER OR RELEASE. None of the following shall be construed as the Owner’s acceptance of any Design-Build Work which is defective, incomplete, or otherwise not in compliance with this Design-Build Agreement, or as the Owner’s release of the Design-Builder from any obligation, guarantee, or warranty under this Design-Build Agreement, or as the Owner’s extension of the Design-Builder’s time for performance, or as an estoppel against the Owner, or as the Owner’s acceptance of any claim by the Design-Builder:
(1) the Owner’s payment to the Design-Builder or any other person of all or any portion of the Design-Build Price (including any payment upon Final Completion, or while the Design-Builder is requesting any extension of time); or the Owner’s failure to retain any portion of the Design-Build Price; or the Owner’s change or variation in the time, method or condition of payment;
(2) the Owner’s review or acceptance of any drawings, submissions, punch lists, other documents, certifications (other than certificates relating to completion or Acceptance of the Design-Build Improvements), or Design-Build Work of the Design- Builder or any Subcontractor;
(3) the Owner’s review of (or failure to prohibit) any construction applications, means, methods, techniques, sequences, or procedures for the Design-Build Work;
(4) the Owner’s failure to include any item on any punch list or similar document unless the Owner explicitly approves such an omission (any such omissions shall be approved or acknowledged in writing);
(5) the Owner’s entry at any time on the Project Site (including any area in which the Design-Build Work is being performed) or the Owner’s use or occupancy of the Project Site at any time (whether before or after Substantial Completion or Final Completion);
(6) any inspection, testing, or review of any Design-Build Work (whether finished or in progress) by the Owner, the Owner’s Representative or any other person; or
(7) the failure of the Owner, the Owner’s Representative, or any Owner consultant to respond in writing to any notice or other communication of the Design- Builder.
NO ACCEPTANCE, WAIVER OR RELEASE. The Seller’s liability for the performance of the Seller’s Obligations or any warranties or covenants given in respect of the Project is not diminished or affected in any way by:
(a) the occurrence of the Commercial Operation Date;
(b) the Buyer’s or the Operating Committee’s acceptance of the Facility or any Tests carried out by the Seller;
(c) the presence of the Buyer, a representative of the Buyer (including the Buyer’s Representative) or the Operating Committee at any Tests carried out in respect of the Facility;
(d) the provision of the Design and Technical Specifications or other information by the Buyer to the Seller;
(e) any review or approval of the design or construction or inspection of the Facility undertaken by the Buyer or the Operating Committee;
(f) any recommendations that the Operating Committee or the Buyer has made, or has failed to make, in respect of the Project; or
(g) any consent provided or withheld by the Buyer or the Operating Committee.
NO ACCEPTANCE, WAIVER OR RELEASE. 1. Unless other provisions of this Contract specifically provide to the contrary, none of the following, without limitation, shall be construed as:
a. Authority’s acceptance of any Work which is defective, incomplete, or otherwise not in compliance with this Contract,
b. Authority’s release of Contractor from any obligation under this Contract,
c. Authority’s extension of Contractor’s time for performance, d. an estoppel against Authority, or
NO ACCEPTANCE, WAIVER OR RELEASE. No exercise of rights or failure to exercise rights by LIPA hereunder shall be construed as LIPA's acceptance of any Operation and Maintenance Service which is defective, incomplete, or otherwise not in compliance with this Agreement, as LIPA's release of the Manager from any obligation under this Agreement, as an estoppel against LIPA, or as LIPA's acceptance of any claim by the Manager. Notwithstanding any review or approval of LIPA hereunder, in no event shall the Manager be excused from the performance of its responsibilities hereunder, except to the extent due to LIPA Fault, subject to Section 6, or Force Majeure, subject to Section 9.2.
NO ACCEPTANCE, WAIVER OR RELEASE. SAMPLE Unless other provisions of this Agreement specifically provide to the contrary, none of the following, without limitation, shall be construed as SAWS’ acceptance of any Contract Services which are defective, deficient, improper, or otherwise not in compliance with this Agreement, as SAWS’ release of the Program Manager from any responsibility, obligation, or liability under this Agreement, as SAWS’ extension of the Project Completion Schedule, as an estoppel against SAWS, or as SAWS’ acceptance of any claim by the Program Manager:
NO ACCEPTANCE, WAIVER OR RELEASE. Unless another provision of this Agreement specifically provides to the contrary, the County will not be deemed to have accepted Design/Build Work which is defective, incomplete or otherwise not in compliance with this Agreement, or to have waived any rights with respect thereto. Notwithstanding the foregoing, with respect to Phase I, the County has waived any rights with respect to the design thereof, though not with respect to construction.
NO ACCEPTANCE, WAIVER OR RELEASE. Unless another provision of this Contract specifically provides to the contrary, none of the following shall be construed as the City’s acceptance of any Design-Build Work which is defective, incomplete, or otherwise not in compliance with this Contract, or as the City’s release of the Company from any obligation, guarantee, or warranty under this Contract, or as the City’s extension of the Company’s time for performance, or as an estoppel against the City, or as the City’s acceptance of any claim by the Company:
(1) the City’s payment to the Company or any other person of all or any portion of the Design-Build Price (including any Extra Payment, any payment upon Substantial Completion or Final Completion, or while the Company is requesting any extension of time) or payment of a processing fee during Interim Operations; or the City’s failure to retain any portion of the Design-Build Price; or the City’s change or variation in the time, method or condition of payment;
(2) the City’s review or acceptance of any drawings, submissions, punch lists, other documents, certifications (other than certificates relating to completion or
Section 7.9 Central Treatment Plant Upgrade and Expansion Project Design-Build Contract Article VII - Acceptance of the Project Acceptance of the Design-Build Improvements), or Design-Build Work of the Company or any Subcontractor;
NO ACCEPTANCE, WAIVER OR RELEASE. Unless other provisions of this Agreement specifically provide to the contrary, none of the following shall be construed as (i) the KRRC’s acceptance of any Habitat Restoration Work which is defective, incomplete, or otherwise not in compliance with this Agreement, (ii) the KRRC’s release of the Contractor from any obligation under this Agreement, (iii) the KRRC’s extension of the Contractor’s time for performance, (iv) an estoppel against the KRRC, or (v) the KRRC’s acceptance of any claim by the Contractor:
(1) The KRRC’s payment to the Contractor or any other person with respect to performance of the Habitat Restoration Work;
(2) The review, consent, approval or acceptance, as applicable, of any submissions, permit applications, punch lists, other documents, certifications, or Habitat Restoration Work of the Contractor or any Subcontractor by the KRRC, the KRRC Representative or any other person;
(3) The review of (or failure to prohibit) any habitat restoration applications, means, methods, techniques, sequences, or procedures for the Habitat Restoration Work by the KRRC, the KRRC Representative or any other person;
(4) The entry at any time on the Project Site or the Habitat Project Work Area (including any area in which the Habitat Restoration Work is being performed) by the KRRC, the KRRC Representative or any other person;
(5) Any observation, inspection or testing of (or failure to observe, inspect or test) any Habitat Restoration Work (whether finished or in progress) by the KRRC, the KRRC Representative or any other person;
(6) The failure of the KRRC, the KRRC Representative or any other person to respond in writing to any notice or other written communication of the Contractor within fifteen (15) days (or such other period as expressly provided herein) of such notice or other written communication; provided, however, that immediately following such 15-day (or other period), the KRRC’s failure to respond shall automatically constitute a waiver of such underlying right; or
(7) Any other exercise of rights or failure to exercise rights by the KRRC hereunder.
NO ACCEPTANCE, WAIVER OR RELEASE. Unless other provisions of this Contract specifically provide to the contrary, none of the following, without limitation, shall be construed as (i) WRD’s acceptance of any Design Build Work which is defective, incomplete, or otherwise not in compliance with this Contract, (ii) WRD’s release of the DBE from any obligation under this Contract, (iii) WRD’s extension of the DBE’s time for performance, (iv) an estoppel against WRD, or (v) WRD’s acceptance of any claim by the DBE: ADVANC D WATER TREATMENT FACILITY PROJECT Design Build Contract Project N . Article VI - Ownership of the Facilities;
(1) Facilities;
(2) WRD’s review, consent, approval or acceptance, as applicable, of any Design Documents, submissions, permit applications, punch lists, other documents, certifications (other than certificates relating to Acceptance or Final Completion of the Facilities), or Design Build Work of the DBE or any Subcontractor;
(3) WRD’s review of (or failure to prohibit) any construction applications, means, meth
(4) ds, techniques, sequences, or procedures for the Design Build Work; WRD’s entry at any time on the Project Site (including any area in which t e Design Build Work is being performed);
(5) any observation, inspection or testing of (or failure to observe, inspect or test) any Design Build Work (whether finished person; or in-progress) by WRD or any other
(6) the failure of WRD or any WRD consultant to respond in writing to any notice or other communication of the DBE; or
(7) hereunder.
