Extract to table

Under black-letter Washington contract law, clear and unambiguous contractual terms must be enforced as written

2d 493, 503–04 (2005) ("Where a contract's language is clear and unambiguous, courts must enforce the contract as written; they may not modify it or manufacture ambiguity where none exists

Pinnacle's attempt to conflate these two fundamentally different categories of obligation — treating a project-level operational delay as if it released a member from its independent covenant to fund equity — is unsupported by the text or structure of the JV Agreement and must be rejected

Nothing in this letter, or in any prior or subsequent correspondence between the parties or their counsel, shall be deemed a waiver, relinquishment, or modification of any right or remedy available to CSIA under the JV Agreement, under applicable law, or otherwise