Breach Waiver Sample Clauses

Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.
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Breach Waiver. 13.1 The following is a non-exclusive list of conditions that constitute a breach of this Agreement by Contractor: a) defective work not being remedied; b) claims filed by third parties; c) failure of the Contractor to make payments to subcontractors or suppliers for Work in place for labor, materials, or equipment; d) evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; e) failure to begin the Work and/or obtain building permit by the Commencement Date; f) evidence that the Work will not be completed within the Contract Time and the retainage will not be adequate to cover the actual or liquidated damages for the anticipated delay; g) persistent failure to meet interim deadlines; or h) persistent failure to carry out the Work in accordance with the Contract Documents. 13.2 It is a breach of this Agreement if the City fails to timely pay Contractor (i.e. within 30 days following a request for payment) if the request for payment is in order and the relevant work is substantially and satisfactorily complete. 13.3 The making of final payment shall constitute a waiver of claims by the City except those arising from: a) liens, claims, security interests or encumbrances arising out of the Contract and unsettled; b) failure of the Work to comply with the requirements of the Contract Documents; and c) terms of special warranties required by the Contract Documents. 13.4 Acceptance of final payment by the Contractor, a Subcontractor, or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
Breach Waiver. The failure of either the Contractor or the City to insist upon performance of any provisions of the contract shall not be deemed to be a waiver of the right to insist upon strict performance of such provision or of any other provision of the contract at any time. Waiver of any breach of the contract by the Contractor or the City shall not constitute a waiver of a subsequent breach.
Breach Waiver. No party shall be considered in breach of any material provision of this Agreement unless the party claiming that a breach has occurred shall have given the first party written notice of the purported breach and such purported breach shall remain uncured at the end of the 20th business day following the date on which such notice is received. The waiver of a breach of any term of provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.
Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Videographer shall not operate or be construed as a waiver of any subsequent breach by the Videographer.
Breach Waiver. 18.1 No waiver by Lessor of any breach of any covenant, condition or agreement herein contained shall operate as a permanent waiver of such covenant, condition or agreement itself, or of any subsequent breach thereof. No endorsement or statement on any check or letter accompanying a check for payment of rent shall be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such rent or to pursue any other remedy provided in this Lease. No payment by Lessee or receipt by Lessor of a lesser amount than the installments of rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent. CSXT Form 3014-Sheet 9 Rev. June 1990 18.2 If Lessor shall institute collection or litigation proceedings, and a compromise or settlement thereof shall be made, the same shall not constitute a permanent or general waiver of any covenant herein contained nor of any of Lessor's rights hereunder unless so expressed in writing by Lessor. No re-entry by Lessor after a breach shall be considered an acceptance of a surrender of this Lease, unless so expressed by Lessor in writing.
Breach Waiver. Any waiver by TMM of a breach of any section of this Agreement by the Affiliate Partner shall not operate or be construed as a waiver of any subsequent breach by the Affiliate Partner.
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Breach Waiver. Any waiver by the Client of a breach of any section of this
Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Painter shall not operate or be construed as a waiver of any subsequent breach by the Painter.
Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Strategic Partner shall not operate or be construed as a waiver of any subsequent breach by the Strategic Partner.
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