No Waiver of Criteria. Any payments made to Developer where criteria set forth herein have not been met shall not constitute a waiver of said criteria by District. Instead, such payment shall be construed as a good faith effort by District to resolve differences so Developer may pay its Subcontractors and suppliers. Xxxxxxxxx agrees that failure to submit such items may constitute a breach of contract by Developer and may subject Developer to termination.
Appears in 23 contracts
Samples: www.berkeleyschools.net, www.berkeleyschools.net, cdnsm5-ss18.sharpschool.com
No Waiver of Criteria. Any payments made to Developer where criteria set forth herein have not been met shall not constitute a waiver of said criteria by District. Instead, such payment shall be construed as a good faith effort by District to resolve differences so Developer may pay its Subcontractors and suppliers. Xxxxxxxxx Developer agrees that failure to submit such items may constitute a breach of contract by Developer and may subject Developer to termination.
Appears in 5 contracts
Samples: Facilities Lease, Master Facilities Lease, Master Facilities Lease