Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 42 contracts
Samples: Construction Agreement by And, Professional Services Agreement, Construction Agreement by And
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 24 contracts
Samples: Professional Services Agreement by and Between, Professional Services Agreement, Professional Services Agreement by and Between
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 10 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Default. The waiver by either party COUNTY of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any shallany payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORCONSULTANT. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, ,and CONTRACTOR CONSULTANT shall promptly refund, any funds disbursed to CONSULTANT which COUNTY determines COUNTYdetermines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 6 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 6 contracts
Samples: Attachment 1, Attachment 1, humboldtgov.org
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORCONSULTANT. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR CONSULTANT shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 3 contracts
Samples: Consultant Services Agreement, Consultant Services Agreement, Professional Architecture and Engineering Services
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORCOMPANY. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR COMPANY shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Software License and Support Services Agreement, Software License and Support Services Agreement
Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTORCONSULTANT. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR CONSULTANT shall promptly refund, any funds disbursed to CONSULTANT, which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Professional Services Agreement by And, Professional Services Agreement
Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR, which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 2 contracts
Waiver of Default. The waiver by either party COUNTY of any breach of this Agreement shall not be deemed to be a continuing waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORCONSULTANT. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, ,and CONTRACTOR CONSULTANT shall promptly refund, any funds disbursed to CONSULTANT which COUNTY determines COUNTYdetermines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 1 contract
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.. / / /
Appears in 1 contract
Samples: Professional Services Agreement
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORGRANTEE. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR GRANTEE shall promptly refund, any funds disbursed to GRANTEE which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Grant Agreement
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Professional Services Agreement
Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTORVENDOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR VENDOR shall promptly refund, any funds disbursed to VENDOR, which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 1 contract
Samples: A β Sample Service Agreement
Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORGRANTEE. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR GRANTEE shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Grant Agreement