Common use of No Estoppel or Waiver Clause in Contracts

No Estoppel or Waiver. (1) The Fund shall not be precluded or estopped by any inspection, acceptance, application for payment or payment, final or otherwise, issued or made under the Contract or otherwise issued or made by it, the Consultant, or any trustee, officer, agent or employee of the Fund, from showing at any time the true amount and character of the work performed, or from showing that any such inspection, acceptance, application for payment or payment is incorrect or was improperly issued or made; and the Fund shall not be precluded or estopped, notwithstanding any such inspection, acceptance, application for payment or payment, from recovering from the Contractor any damages which it may sustain by reason of any failure on its part to comply strictly with the Contract and any monies which may be paid to it or for its account in excess of those to which it is lawfully entitled. (2) Neither the acceptance of all or any part of the work covered by the Contract; nor any payment therefor; nor any order or application for payment issued under the Contract or otherwise issued by the Fund, the Consultant, or any trustee, officer, agent or employee of the Fund; nor any permission or direction to continue with the performance of the Contract before or after its specified completion date; nor any performance by the Fund of any of the Contractor's duties or obligations; nor any aid lent to the Contractor by the Fund in its performance of such duties or obligations; nor any delay or omission by the Fund to exercise any right or remedy accruing to it under the terms of the Contract or existing at law or in equity or by statute or otherwise; nor any other thing done or omitted to be done by the Fund, its trustees, officers, agents or employees; shall be deemed to be a release to the Contractor or its sureties from any obligations, liabilities or undertakings in connection with the Contract or the Performance Bond or a waiver of any provision of the Contract or of any rights or remedies to which the Fund may be entitled because of any breach thereof, excepting only a written instrument expressly providing for such release or waiver. No cancellation, rescission or annulment hereof, in whole or as to any part of the Contract, because of any breach hereof, shall be deemed a waiver of any money damages to which the Fund may be entitled because of such breach. No waiver by the Fund of any breach of the Contract shall be deemed to be a waiver of any other or any subsequent breach.

No Estoppel or Waiver. (1) The Fund LMDC shall not be precluded or estopped by any inspection, acceptance, application for payment certificate or payment, final or otherwise, issued or made under the this Contract or otherwise issued or made by it, the ConsultantOwner's Representative, or any trustee, officer, agent or employee of the FundLMDC, from showing at any time the true amount and character of the work Work performed, or from showing that any such inspection, acceptance, application for payment certificate or payment is incorrect or was improperly issued or made; and the Fund LMDC shall not be precluded or estopped, notwithstanding any such inspection, acceptance, application for payment certificate or payment, from recovering from the Contractor any damages which it may sustain by reason of any failure on its Contractor's part to comply strictly with the Contract this Contract, and any monies moneys which may be paid to it Contractor or for its Contractor's account in excess of those to which it Contractor is lawfully entitled. (2) . Neither the acceptance of all the Work or any part of the work covered by the Contract; thereof, nor any payment therefor; , nor any order or application for payment certificate issued under the this Contract or otherwise issued by the FundLMDC, the ConsultantOwner's Representative, or any trustee, officer, agent or employee of the Fund; LMDC, nor any permission or direction to continue with the performance of the Contract before or after its specified completion date; Work, nor any performance by the Fund LMDC of any of the Contractor's duties or obligations; , nor any aid lent to the Contractor by the Fund LMDC in its Contractor's performance of such duties or obligations; nor any delay or omission by the Fund to exercise any right or remedy accruing to it under the terms of the Contract or existing at law or in equity or by statute or otherwise; , nor any other thing done or omitted to be done by the FundLMDC, its trusteesdirectors, officers, agents or employees; employees shall be deemed to be a release to the Contractor or its sureties from any obligations, liabilities or undertakings in connection with the Contract or the Performance Bond or a waiver of any provision of the this Contract or of any rights or remedies to which the Fund LMDC may be entitled because of any breach thereof, excepting only a written instrument resolution of its directors, providing expressly providing for such release or waiver. No cancellation, rescission or annulment hereof, in whole or as to any part of the ContractWork, because of any breach hereof, shall be deemed a waiver of any money damages to which the Fund LMDC may be entitled because of such breach. No Moreover, no waiver by the Fund LMDC of any breach of the this Contract shall be deemed to be a waiver of any other or any subsequent breach.

No Estoppel or Waiver. (1) A. The Fund Board shall not be precluded or estopped by any an inspection, acceptance, application for payment or payment, final or otherwise, issued or made under the Contract this Agreement or otherwise issued or made by it, the Consultant, or any trustee, officermember, agent or employee of the FundBoard, from showing at any time the true amount and character of the work performed, or from form showing that any such inspection, acceptance, application for or payment or payment payments is incorrect incorrect, or was improperly issued or made; and the Fund Board shall not be precluded or estopped, notwithstanding any such inspection, acceptance, application for payment or paymentpayments, from recovering from the Contractor Consultant any damages which it may sustain by reason of any failure on its part to comply strictly with the Contract and any monies which may be paid to it or for its account in excess access of those to which it is lawfully entitled. (2) B. Neither the Board’s acceptance of all or any part of the work covered by the Contract; this Agreement, nor any payment therefor; therefore, nor any order or application for payment issued under the Contract or otherwise issued by the FundBoard, the Consultant, or any trustee, officer, agent or employee of the Fund; nor any permission or direction by the Board for the Consultant to continue with the performance of the Contract this Agreement before or after its specified completion date; the Date of Completion, nor any performance by the Fund Board of any of the Contractor's Consultant’s duties or obligations; , nor any aid lent to the Contractor Consultant by the Fund Board in its performance of such duties or obligations; , nor any delay or omission by the Fund Board to exercise any a right or remedy accruing to it under the terms of the Contract this Agreement or existing at law or in equity or by statute or otherwise; , nor any other thing done or omitted to be done by the FundBoard, its trusteesmembers, officersagents, agents or employees; , shall be deemed to be a release to the Contractor or its sureties Consultant from any obligations, liabilities liabilities, or undertakings in connection with the Contract or the Performance Bond this Agreement, or a waiver of any provision of the Contract this Agreement or of any rights or remedies to which the Fund Board may be entitled because of any breach thereof, excepting expecting only a written instrument expressly providing for such release or waiver. No cancellationtermination, rescission revision or annulment hereof, in whole or as to any part of the Contractthis Agreement, because of any breach hereof, shall be deemed a waiver of any money damages to which the Fund Board may be entitled because of such breach. No waiver by the Fund Board of any breach of the Contract this Agreement shall be deemed to be a waiver of any other or any subsequent breach.

No Estoppel or Waiver. (1) The Fund shall not be precluded or estopped by any inspection, acceptance, application for payment or payment, final or otherwise, issued or made under the Contract or otherwise issued or made by it, the Consultant, or any trustee, officer, agent or employee of the Fund, from showing at any time the true amount and character of the work performed, or from showing that any such inspection, acceptance, application for payment or payment is incorrect or was improperly issued or made; and the Fund shall not be precluded or estopped, notwithstanding any such inspection, acceptance, application for payment or payment, from recovering from the Contractor any damages which it may sustain by reason of any failure on its part to comply strictly with the Contract and any monies which may be paid to it or for its account in excess of those to which it is lawfully entitled. (2) Neither the acceptance of all or any part of the work covered by the Contract; nor any payment therefor; nor any order or application for payment issued under the Contract or otherwise issued by the Fund, the Consultant, or any trustee, officer, agent or employee of the Fund; nor any permission or direction to continue with the performance of the Contract before or after its specified completion date; nor any performance by the Fund of any of the Contractor's duties or obligations; nor any aid lent to the Contractor by the Fund in its performance of such duties or obligations; nor any delay or omission by the Fund to exercise any right or remedy accruing to it under the terms of the Contract or existing at law or in equity or by statute or otherwise; nor any other thing done or omitted to be done by the Fund, its trustees, officers, agents or employees; shall be deemed to be a release to the Contractor or its sureties from any obligations, liabilities or undertakings in connection with the Contract Con­tract or the Performance Bond or a waiver of any provision of the Contract or of any rights or remedies to which the Fund may be entitled because of any breach thereof, excepting only a written instrument expressly providing for such release or waiver. No cancellation, rescission or annulment hereof, in whole or as to any part of the Contract, because of any breach hereof, shall be deemed a waiver of any money damages to which the Fund may be entitled because of such breach. No waiver by the Fund of any breach of the Contract shall be deemed to be a waiver of any other or any subsequent breach.

No Estoppel or Waiver. (1) The Fund University shall not be precluded or estopped by any inspection, acceptance, application for payment or payment, final or otherwise, issued or made under the Contract or otherwise issued or made by it, the Consultant, or any trustee, officer, agent or employee of the FundUniversity, from showing at any time the true amount and character of the work performed, or from showing that any such inspection, acceptance, application for payment or payment is incorrect or was improperly issued or made; and the Fund University shall not be precluded or estopped, notwithstanding any such inspection, acceptance, application for payment or payment, from recovering from the Contractor any damages which it may sustain by reason of any failure on its part to comply strictly with the Contract and any monies which may be paid to it or for its account in excess of those to which it is lawfully entitled. (2) Neither the acceptance of all or any part of the work covered by the Contract; nor any payment therefortherefore; nor any order or application for payment issued under the Contract or otherwise issued by the FundUniversity, the Consultant, or any trustee, officer, agent or employee of the FundUniversity; nor any permission or direction to continue with the performance of the Contract before or after its specified completion date; nor any performance by the Fund University of any of the Contractor's duties or obligations; nor any aid lent to the Contractor by the Fund University in its performance of such duties or obligations; nor any delay or omission by the Fund University to exercise any right or remedy accruing to it under the terms of the Contract or existing at law or in equity or by statute or otherwise; nor any other thing done or omitted to be done by the FundUniversity, its trustees, officers, agents or employees; shall be deemed to be a release to the Contractor or its sureties from any obligations, liabilities or undertakings in connection with the Contract or the Performance Bond or a waiver of any provision of the Contract or of any rights or remedies to which the Fund University may be entitled because of any breach thereof, excepting only a written instrument expressly providing for such release or waiver. No cancellation, rescission or annulment hereof, in whole or as to any part of the Contract, because of any breach hereof, shall be deemed a waiver of any money damages to which the Fund University may be entitled because of such breach. No waiver by the Fund University of any breach of the Contract shall be deemed to be a waiver of any other or any subsequent breach.