No Waiver of Statutory Rights. Nothing herein shall in any way constitute a waiver or limitation of any rights that the Issuer or the Collateral Manager may have under any applicable law.
No Waiver of Statutory Rights. The Issuer understands that certain provisions of this Agreement, including, but not limited to, Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, Section 10 and Section 23, may serve to limit the potential liability of the Collateral Manager or other rights of the Issuer and has had the opportunity to consult with the Collateral Manager as well as the Issuer’s other professional advisers or legal counsel as to the effect of this provision. The Issuer further understands that certain federal and state securities laws, including, but not limited to, the Advisers Act, may impose liability or allow for legal remedies even where the Collateral Manager has acted in good faith and that the rights under those laws may be non-waivable. Nothing in this Agreement shall, in any way, constitute a waiver or limitation by the Issuer of any rights which may not be so waived or limited in accordance with applicable law.
No Waiver of Statutory Rights. The Agency acknowledges that the College is an institution of higher education of The State of Utah and is bound by the provisions of the Utah Governmental Immunity Act, Title 63G, Chapter 7, Utah Code Annotated, 1953, as amended, and does not, by the terms of this Agreement or by any act, waive any procedural or substantive defense or benefit provided or to be provided by the Utah Governmental Immunity Act or comparable legislative enactment.
No Waiver of Statutory Rights. This Section does not alter or limit Subcontractor’s right to file a mechanic’s lien, stop notice, or statutory bond rights to the extent such rights exist. If any portion of this Section is determined to be void, invalid, or illegal, all other portions of this Section shall remain in full force and effect. To avoid unnecessary stop notices, Subcontractor agrees to provide Prime Contractor 14 days written notice of Subcontractor’s intent to serve a stop notice, which shall include the amount Subcontractor claims is currently due and owing, and the amount Subcontractor intends to ask Owner to withhold on Subcontractor’s behalf. If Subcontractor serves a stop notice for amounts not yet paid by Owner to Prime Contractor, or serves a stop notice without providing the 14 days notice to Prime Contractor, Prime Contractor may take either or both of the following actions: (1) withhold payments to Subcontractor in the amount withheld by Owner from Prime Contractor; and/or (2) charge Subcontractor for the cost Prime Contractor incurs to secure a bond to release funds withheld by the stop notice, plus an administrative charge of ten percent (10%) of the amount of the bond premium.
