Common use of No Release or Waiver Clause in Contracts

No Release or Waiver. 4.5.17.1 No Change Order granted hereunder shall release DB Contractor’s Surety from its obligations. Maintenance Services shall continue and be carried out in accordance with all the provisions of the CMC Documents and this Capital Maintenance Contract shall be and shall remain in full force and effect, unless formally suspended or terminated by TxDOT in accordance with the terms hereof. 4.5.17.2 The performance and acceptance of any part of the Maintenance Services or materials specified by this Capital Maintenance Contract after the date fixed for such performance, shall not be deemed to be a waiver by TxDOT of its right to terminate this Capital Maintenance Contract for abandonment or failure to complete within the time specified (as it may have been extended) or to impose and deduct damages as may be provided. 4.5.17.3 No course of conduct or dealings between the Parties nor express or implied acceptance of alterations or additions to the Maintenance Services, and no claim that TxDOT has been unjustly enriched shall be the basis for any claim, request for additional compensation or time extension. Further, DB Contractor shall undertake, at its risk, work included in any request, order or other authorization issued by a Person in excess of that Person’s authority as provided herein, or included in any oral request. DB Contractor shall be deemed to have performed such work as a volunteer and at its sole risk and cost. In addition, TxDOT may require DB Contractor to remove or otherwise undo any such work, at DB Contractor’s sole risk and cost.

No Release or Waiver. 4.5.17.1 No Change Order granted hereunder shall release DB Contractor’s Surety from its obligations. Maintenance Services shall continue and be carried out in accordance with all the provisions of the CMC Documents and this Capital Maintenance Contract shall be and shall remain in full force and effect, unless formally suspended or terminated by TxDOT in accordance with the terms hereof. 4.5.17.2 The performance and acceptance of any part of the Maintenance Services or materials specified by this Capital Maintenance Contract after the date fixed for such performance, shall not be deemed to be a waiver by TxDOT of its right to terminate this Capital Maintenance Contract for abandonment or failure to complete within the time specified (as it may have been extended) or to impose and deduct damages as may be provided.. DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 4.5.17.3 No course of conduct or dealings between the Parties nor express or implied acceptance of alterations or additions to the Maintenance Services, and no claim that TxDOT has been unjustly enriched shall be the basis for any claim, request for additional compensation or time extension. Further, DB Contractor shall undertake, at its risk, work included in any request, order or other authorization issued by a Person in excess of that Person’s authority as provided herein, or included in any oral request. DB Contractor shall be deemed to have performed such work as a volunteer and at its sole risk and cost. In addition, TxDOT may require DB Contractor to remove or otherwise undo any such work, at DB Contractor’s sole risk and cost.