Payment Not a Waiver. Payment of invoices by either Party shall not relieve the paying Party from any responsibilities or obligations it has under this Agreement; nor shall it constitute a waiver of any claims arising hereunder.
Payment Not a Waiver. The Authority’s payment(s) to the District under this Agreement or its review, approval or acceptance of any actions by the District under this Agreement shall not operate as a waiver of any rights under this Agreement and the District shall remain liable to the Authority for all damages incurred by the Authority as a result of the District’s failure to perform in accordance with the terms and conditions of this Agreement. The rights and remedies of the Authority provided for under this Agreement are in addition to any other rights or remedies provided by law. The Authority may assert a right to recover damages by any appropriate means, including, but not limited to, set-off, suit, withholding, recoupment, or counterclaim either during or after performance of this Agreement.
Payment Not a Waiver. Neither the approval or making of any payment to the Contractor, nor the partial or entire use or occupancy of the Work by the Owner, shall be deemed an acceptance of any portion of the Work.
Payment Not a Waiver. Payment of invoices by Generator shall not constitute a waiver of any rights or claims Generator may have under this Agreement.
Payment Not a Waiver. Neither the approval or making of any payment to EPC Contractor, nor the partial or entire use or occupancy of the Project by Owner shall be an acceptance of any portion of Work.
Payment Not a Waiver. 8.13.1 No payment hereunder, including Final Payment to DBE, nor District’s use or Beneficial Occupancy of the Work, shall release DBE with respect to design, construction, workmanship, materials, equipment or machinery incorporated in the Work which is found to be defective, unsound or improper.
Payment Not a Waiver. 6.8.1 No payment hereunder, including Final Payment to Design/Builder, nor District’s use or Beneficial Occupancy of the Work, shall release Design/Builder with respect to design, construction, workmanship, materials, equipment or machinery incorporated in the Work which is found to be defective, unsound or improper.
Payment Not a Waiver. Neither the approval nor the making of any payment to the Consultant by the Authority shall be deemed an acceptance of any services not performed in accordance with this Agreement, or an acknowledgment that such services have been performed in accordance with this Agreement.
Payment Not a Waiver. No payment (nor use or occupancy of the Project by City) will be deemed acceptance or approval of the Work or as a waiver of any claims, rights, or remedies of City.
Payment Not a Waiver. No payment made to the Contractor by BC Hydro will at any time constitute approval or acceptance of any performed Work, nor be considered a waiver by BC Hydro of any of the terms of the Contract, nor relieve the Contractor of any of its duties, obligations or responsibilities under the Contract to perform the Work in accordance with the requirements of the Contract.
