NO ESTOPPEL OR WAIVER OF LEGAL RIGHTS Sample Clauses

NO ESTOPPEL OR WAIVER OF LEGAL RIGHTS. 100 Neither the Authority nor the Professional shall be precluded or estopped by the measurements or approved applications for payment made or given by any of them or by any of their agents or employees, at any time, either before or after the completion and acceptance of the work and payment thereof, from showing the true and correct amount and character of the work performed and materials and equipment furnished by the Contractor. The Authority and/or the Professional may show at any time, that any such measurements or approved applications for payment are untrue or incorrectly made in any particular; or that the work or materials, equipment or any parts thereof do not conform to the Contract Documents.
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NO ESTOPPEL OR WAIVER OF LEGAL RIGHTS. The Owner or the Engineers shall not be precluded or estopped by any measurement, estimate or certificate, made or given by either of them or by any agent or employee of the Owner under any provision or revisions of the contract at any time, either before or after the completion and acceptance of the work and payment thereof pursuant to any measurements, estimate or certificate is untrue or incorrectly made in any particular or that the work or materials or any part thereof, do not conform in fact to the contract. The Owner shall have the right to reject the whole or any part of the aforesaid work or materials should that said measurements, estimate, certificate or payment be found or be known to be inconsistent with the terms of the contract or otherwise improperly given. The Owner shall not be precluded or estopped not withstanding any such measurement, estimate, certificate and payment in accordance therewith, from demanding and recovering from the Contractor and his surety such damages as he may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the Engineer, or any agent or employee of the Owner nor any certificate by the Engineers for payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the Owner or the Engineers nor any extension of time, nor any possession taken by the Owner or his employees, shall operate as a waiver of any portion of the contract or of any power herein reserved by the Owner, or any right to damages herein provided, nor shall any waiver of any breach of contract be held to be a waiver of any other or subsequent breach.
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Related to NO ESTOPPEL OR WAIVER OF LEGAL RIGHTS

  • Non-waiver of Legal Rights Execution of this Agreement by either Party does not confirm or imply that the executing Party agrees with any decision(s) issued pursuant to the Telecommunications Act of 1996 and the consequences of those decisions on specific language in this Agreement. Neither Party waives its rights to appeal or otherwise challenge any such decision(s) and each Party reserves all of its rights to pursue any and all legal and/or equitable remedies, including appeals of any such decision(s).

  • NO WAIVER OF LEGAL RIGHTS The Employer and the Union agree that this program shall not diminish the rights of individual employees under State and/or Federal laws relating to drug and/or alcohol testing.

  • WAIVER OF CONTRACTUAL RIGHT The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

  • JURY TRIAL WAIVER; OTHER WAIVERS AND CONSENTS; GOVERNING LAW 11.1 Governing Law; Choice of Forum; Service of Process;

  • Governing Law; Attornment This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and the Guarantor hereby irrevocably attorns to the jurisdiction of the courts of Ontario.

  • No waiver of our rights (a) No failure on our part to exercise and no delay on our part in exercising any right or remedy under this agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy. (b) Any waiver by us of our rights or remedies in respect of any term of this agreement or any breach of this agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.

  • NON-WAIVER OF DEFAULT The failure or delay by either party hereto to enforce or exercise at any time any of the rights or remedies or other provisions of this Agreement shall not be construed to be a waiver thereof, not affect the validity of any part of this Agreement or the right of either party thereafter to enforce each and every such right or remedy or other provision. No waiver of any default or breach of the Agreement shall be held to be a waiver of any other default and breach.

  • No Waiver; Severability The failure of Buyer to insist upon the performance of any provision of this AGREEMENT, or to exercise any right or privilege granted to the Buyer under this AGREEMENT, shall not be construed as waiving such provision or any other provision of this AGREEMENT, and the same shall continue in full force and effect. If any provision of this AGREEMENT is found to be unenforceable by any court or other judicial or administrative body, the other provisions of this AGREEMENT shall not be affected thereby, and shall remain in full force and effect.

  • NO WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach.

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

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