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.
Appears in 4 contracts
Samples: Basic Ordering Agreement for Engineering Services, Basic Ordering Agreement for Engineering Services, Basic Ordering Agreement for Engineering Services
