Common use of NO WAIVER OF LEGAL RIGHTS Clause in Contracts

NO WAIVER OF LEGAL RIGHTS. The Project Manager shall not be precluded or estopped by any measurements, estimate or certificate made either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement estimate or certificate is untrue or incorrectly made, or rejecting the work or materials that do not conform in fact to the contract. The Project Manager shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and its sureties such damages as the Department may sustain by reason of the Contractor’s failure to comply with the terms of the Contract. Neither the acceptance by the Project Manager or any representative of the Project Manager, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, or any possession taken by the Project Manager, shall operate as a waiver of any portion of the contract, or of any power herein reserved, or any right to damage herein provided. A waiver of any notice requirement or breach of the contract shall not be held to be a waiver of any other notice requirement or subsequent breach.

NO WAIVER OF LEGAL RIGHTS. A. The Project Manager Contracting Authority shall not be precluded or estopped stopped by any measurementsmeasurement, estimate estimate, or certificate made made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement estimate measurement, estimate, or certificate is untrue or incorrectly made, or rejecting that the work or materials that do not not, in fact, conform in fact to the contract. . B. The Project Manager Contracting Authority shall not be precluded or estoppedstopped, notwithstanding any such measurement, estimate, or certificate certificate, and payment in accordance therewith, from recovering from the Contractor and its the Contractor's sureties such damages as the Department it may sustain by reason of the Contractor’s 's failure to comply with the terms of the Contract. Neither the his contract. X. Xxxxxxx acceptance by the Project Manager Contracting Authority, or any representative of the Project ManagerContracting Authority, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, or nor any possession taken by the Project ManagerContracting Authority, shall operate as a waiver of any portion of the contract, or of for any power herein reserved, or any right to damage damages herein provided. A waiver of any notice requirement or breach of the contract shall not be held to be a waiver of any other notice requirement or subsequent breach.