City Council

27.\nNON-WAIVER\n27.1 The waiver by City or Consultant of any breach of any term, covenant or\ncondition herein contained shall not be deemed to be a waiver of such term, covenant or\ncondition or of any subsequent breach of the same or any other term, covenant or\ncondition herein contained. In no event shall the making by City of any payment to\nConsultant constitute or be construed as a waiver by City of any breach of covenant, or\nany default which may then exist on the part of Consultant, and the making of any such\npayment by City shall in no way impair or prejudice any right or remedy available to City\nwith regard to such breach or default. No term, covenant or condition of this Agreement\nshall be deemed to have been waived by City or Consultant unless in writing.\n27.2 Each right, power and remedy provided for herein or now or hereafter existing\nat law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to\nevery other right, power, or remedy provided for herein or now or hereafter existing at\nlaw, in equity, by statute, or otherwise. The exercise, the commencement of the exercise,\nor the forbearance of the exercise by any Party of any one or more of such rights, powers\nor remedies shall not preclude the simultaneous or later exercise by such Party of any of\nall of such other rights, powers or remedies.\n27.3 Consultant shall not be liable for any failure to perform if Consultant presents\nacceptable evidence, in City’s sole judgment, that such failure was due to causes beyond\nthe control and without the fault or negligence of Consultant.