Common use of Payment Not a Waiver Clause in Contracts

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.

Appears in 9 contracts

Samples: Authority Feasibility Study Agreement, Authority Feasibility Study Agreement, Authority Feasibility Study Agreement

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