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.
Appears in 10 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement, Engineering Services Agreement
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 EngineerArchitect, from showing that any such return, certificate or approval is untrue, incorrect or improperly made or from demanding recovery from Engineer Architect such damages as Owner may sustain as a result of EngineerArchitect’s fault.
Appears in 3 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement
