Common use of Rights and Obligations Not Affected Clause in Contracts

Rights and Obligations Not Affected. Neither the Contractor’s rights or remedies, nor the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s Representative by clause 17 or the failure by the Contractor or the Contractor’s Representative to exercise any such rights; the obligations imposed upon the Subcontractor by clause 17 or the Subcontractor’s compliance with those obligations; or any direction of the Contractor’s Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor under clause 17; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.4.

Appears in 4 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Rights and Obligations Not Affected. Neither the Contractor’s 's rights or remedies, nor the Subcontractor’s Consultant's obligations under the Subcontract or otherwise at law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s 's Representative by clause 17 15 or the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; the obligations imposed upon the Subcontractor Consultant by clause 17 15 or the Subcontractor’s Consultant's compliance with those obligations; or any direction of the Contractor’s 's Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor Consultant under clause 1715; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.415.5.

Appears in 3 contracts

Samples: defence.gov.au, defence.gov.au, defence.gov.au

Rights and Obligations Not Affected. Neither the Contractor’s 's rights or remedies, nor the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s 's Representative by clause 17 19 or the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; the obligations imposed upon the Subcontractor by clause 17 19 or the Subcontractor’s 's compliance with those obligations; or any direction of the Contractor’s 's Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor under clause 1719; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.4.or

Appears in 2 contracts

Samples: Formal Agreement, Formal Agreement

Rights and Obligations Not Affected. Neither the Contractor’s 's rights or remedies, nor the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s 's Representative by clause 17 18 or the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; the obligations imposed upon the Subcontractor by clause 17 18 or the Subcontractor’s 's compliance with those obligations; or any direction of the Contractor’s 's Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor under clause 1718; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.418.4.

Appears in 2 contracts

Samples: Formal Agreement, Formal Agreement

Rights and Obligations Not Affected. Neither the Contractor’s rights or remedies's rights, nor the Subcontractor’s obligations Consultant's liability, whether under the Subcontract or otherwise at according to law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s 's Representative by this clause 17 14 or the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; the obligations imposed upon the Subcontractor Consultant by this clause 17 14 or the Subcontractor’s Consultant's compliance with those obligations; or any direction of the Contractor’s 's Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor Consultant under this clause 1714; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.414.6.

Appears in 1 contract

Samples: Formal Agreement

Rights and Obligations Not Affected. Neither the Contractor’s rights or remediesrights, nor the Subcontractor’s obligations liability, whether under the Subcontract or otherwise at according to law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s 's Representative by this clause 17 17. or the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; the obligations imposed upon the Subcontractor by this clause 17 17. or the Subcontractor’s 's compliance with those obligations; or any direction of the Contractor’s 's Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor under this clause 17.; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.417.5.

Appears in 1 contract

Samples: Formal Agreement

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Rights and Obligations Not Affected. Neither the Contractor’s rights or remedies's rights, nor the Subcontractor’s obligations liabilities, whether under the Subcontract or otherwise at according to law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s 's Representative by this clause 17 18 or the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; the obligations imposed upon the Subcontractor by this clause 17 18 or the Subcontractor’s 's compliance with those obligations; or any direction of the Contractor’s 's Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor under this clause 1718; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.418.5.

Appears in 1 contract

Samples: Formal Agreement

Rights and Obligations Not Affected. Neither the Contractor’s rights or remediesrights, nor the Subcontractor’s obligations liability, whether under the Subcontract or otherwise at according to law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s 's Representative by this clause 17 or the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; the obligations imposed upon the Subcontractor by this clause 17 or the Subcontractor’s 's compliance with those obligations; or any direction of the Contractor’s 's Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor under this clause 17; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.417.5.

Appears in 1 contract

Samples: Formal Agreement

Rights and Obligations Not Affected. Neither the Contractor’s rights or remedies, nor the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Contractor or Contractor’s Representative by clause 17 17. or the failure by the Contractor or the Contractor’s Representative to exercise any such rights; the obligations imposed upon the Subcontractor by clause 17 17. or the Subcontractor’s compliance with those obligations; or any direction of the Contractor’s Representative under or purported to be given under the Subcontract, including any comment or direction upon or review, acceptance or rejection of: any advice, recommendation or other assistance provided by the Subcontractor under clause 17.; or any post occupancy evaluation carried out (including any report prepared and finalised) under clause 17.4.

Appears in 1 contract

Samples: Formal Agreement

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