No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer and the City. Neither this Agreement nor the deposit of the referenced cashier’s check by Developer and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx agrees to pay such deficiency independent of this Agreement which amount may include any and all incidental construction, legal, administrative or engineering fees or expenses incurred by the City to effect such work. Additionally no further permits or approvals shall be issued with respect to the Subdivision or to the Developer until such deficiency is cured.
No Waiver or Estoppel. The Owner's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach. Owner shall not be precluded or estopped by any return, certificate, or approval made under any provisions of this Agreement before or after final completion of the Project and final payment to Engineer, from showing that any such return, certificate or approval is untrue, incorrect or improperly made or from demanding recovery from Engineer such damages as Owner may sustain as a result of Engineer’s fault.
No Waiver or Estoppel. 3.4.1 The occurrence of Closing Date and making of any Advance hereunder shall not preclude any Funding Agent from later asserting that (and enforcing any remedies it may have if) any representation, warranty or certification made or deemed made by the Company in connection with such Advance was not true and accurate when made. No course of dealing or waiver by any Funding Agent or Secured Party in connection with any condition precedent to any Advance under this Agreement or any Facility Agreement shall impair any right, power or remedy of any such Funding Agent or Secured Party with respect to any other condition precedent, or be construed to be a waiver thereof; nor shall the action of any Funding Agent or Secured Party in respect of any Advance affect or impair any right, power or remedy of any Funding Agent or Secured Party in respect of any other Advance.
3.4.2 Unless otherwise notified to the Company by a Funding Agent or Secured Party and without prejudice to the generality of Section 3.4.1, the right of any Funding Agent or Secured Party to require compliance with any condition under this Agreement or its respective Facility Agreement which may be waived by such Funding Agent or Secured Party in respect of any Advance is expressly preserved for the purpose of any subsequent Advance.
No Waiver or Estoppel. Neither the inspection by FW nor any of its employees, nor any payment of money, nor payment for, nor acceptance of any Commodity by FW, nor any extension of time shall operate as a waiver of any provision of this Contract, or of any power herein reserved to the Owner or of any right to damage herein provided. No waiver of any breach of this Contract shall be held to be a waiver of any other subsequent breach. All remedies provided in this Contract to FW shall be construed as cumulative and shall be in addition to each and every other remedy herein provided. Neither FW, nor any officer, employee, or authorized representative of FW, will be bound, precluded, or estopped by any action, determination, decision, acceptance, return, certificate, or payment made or given under or in connection with the Contract by any officer, employee or authorized representative of the Owner, at any time either before or after final completion and acceptance of the Work and payment therefore from: (a) showing the true and correct classification, amount, quality, or character of the Commodities delivered, or that any determination, decision, acceptance, return certificate or payment was incorrect or was improperly made in any respect, or that the Commodities or any part thereof do not in fact conform to the requirements of the Contract; (b) demanding and recovering from the Contractor any overpayment made to the Contractor or such damages as FW may sustain by reason of the Contractor’s failure to comply with the requirements of the Contract; or (c) both of the foregoing clauses (a) and (b).
No Waiver or Estoppel. A. Failure by FW in any instance to insist upon observance or performance by the Consultant of any of the terms, conditions or provisions set forth in the Contract will not be deemed a waiver of any such terms, conditions or provisions. No waiver will be binding upon FW unless in writing and signed by FW, and any such waiver will be limited to the particular instance referred to in the written document memorializing the waiver. Neither any payment for, nor acceptance of, the whole or any part of the services by FW, nor any extension of time, will operate as a waiver of any provision of this Contract, nor of any power herein reserved to FW, or any right to damages herein provided, nor will any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach.
B. Neither FW, nor any officer, member or employee thereof, will be bound, precluded, or estopped by any action, determination, decision, acceptance, return, certificate, or payment made or given under or in connection with the Contract, at any time either before or after final completion and acceptance of the Work and payment therefor.
No Waiver or Estoppel. Neither the City nor the Company shall be excused from complying with any of the terms and conditions of this Agreement by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any of such terms and conditions.
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Applicant and City. Neither this Agreement nor the providing of the LC by Applicant and the acceptance of the LC by City shall constitute a waiver or estoppel by or against City concerning the Work, nor shall any such matters in any way relieve Applicant from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Work in full compliance with City Standards, or (b) fully perform under the Warranty, all as provided in above, regardless of whether or not the Committed Amount is adequate to pay for the satisfactory Installation/Acceptance of the Work or the satisfactory fulfillment of the Warranty.
No Waiver or Estoppel. Forbearance, failure or neglect on the part of either Master Agency or Insurer to enforce any or all of the provisions of this Agreement will not be construed as a waiver or estoppel of any of the rights or privileges of Master Agency and Insurer. Any waiver of past acts or circumstances that the Master Agency or Insurer may, expressly or impliedly, make from time to time will not constitute and should not be construed to be a waiver of subsequent acts or circumstances. No waiver will be effective unless it is in writing and signed by the party granting the waiver.
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Applicant and City. Neither this Agreement nor the providing of the Deposit by Applicant and the acceptance of the Deposit by City shall constitute a waiver or estoppel by or against City concerning the Work, nor shall any such matters in any way relieve Applicant from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Work in full compliance with City Standards, or (b) fully perform under the Warranty, all as provided in above, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Work or the satisfactory fulfillment of the Warranty.
No Waiver or Estoppel. No waiver by, or estoppel of, either party respecting any right or provision in this Agreement, including this no waiver or estoppel paragraph, shall be effective unless expressly set forth in writing and signed by an authorized representative of such party. Without limiting the generality of the foregoing: (i) no act, failure to act, payment, acceptance of payment, or course of dealing, including any failure or delay in billing Client for taxes or any other amounts that Client is required to pay, shall create a waiver or estoppel, regardless of how long it continues; and (ii) no failure to exercise, nor any delay in exercising, on the part of either party, any right or remedy hereunder shall operate as a waiver of, or estoppel to assert, such right or remedy, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Any waiver or estoppel respecting any right or provision on any occasion or occasions shall not be a waiver or estoppel respecting such right or provision on any future occasion.
