Common use of Materiality and Waiver of Breach Clause in Contracts

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 16 contracts

Samples: Interlocal Agreement, Vocational Training Program Externship Agreement, Interlocal Agreement

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Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’sarm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement herein is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm hereof. County’s 's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 14 contracts

Samples: Disbursement Agreement, Interlocal Agreement, Transportation Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 9 contracts

Samples: Administrative Management Services Agreement, Contract Agreement, Technology Products Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. CountyEither Party’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or a modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverParty.

Appears in 8 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s or Municipality’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 7 contracts

Samples: Interlocal Agreement, Interlocal Agreement, Interlocal Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement herein is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm hereof. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 5 contracts

Samples: Ground Transportation Management Services Agreement, Concession Agreement, Lease Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverParty.

Appears in 5 contracts

Samples: Agreement for Coronavirus Emergency Supplemental Funding Program, Marketing Services Agreement, Agreement for Removal and Transportation of Deceased Persons

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverwaiving Party.

Appears in 4 contracts

Samples: Consultant Services Agreement, Consultant Services Agreement, Consultant Services Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement herein is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverwaiving party.

Appears in 3 contracts

Samples: Community Development Block Grant Agreement, Funding Agreement, Community Development Block Grant Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall will not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall will not be deemed a waiver of any subsequent breach and shall will not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 2 contracts

Samples: Referral Rate Agreement, Service Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth stated in this Agreement was bargained for at arm’s-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth stated in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall is not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall of a provision of this Agreement is not be deemed a waiver of any subsequent breach and shall is not be construed to be constructed as a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverparty.

Appears in 2 contracts

Samples: Cultural Incentive Agreement, Cultural Incentive Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’sarm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s 's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 2 contracts

Samples: Consultant Services Agreement, Consultant Services Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’sarm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s 's failure to enforce any provision of this Agreement shall will not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall will not be deemed a waiver of any subsequent breach and shall will not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 2 contracts

Samples: Revocable License Agreement, Lighting Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 1 contract

Samples: Community Development Block Grant Agreement

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Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’sarm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s 's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverParty.

Appears in 1 contract

Samples: Janitorial Services Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth stated in this Agreement was bargained for at arm’s-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth stated in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall is not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall of a provision of this Agreement is not be deemed a waiver of any subsequent breach and shall is not be construed to be constructed as a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waivertheparty.

Appears in 1 contract

Samples: Cultural Incentive Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s-arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement herein is substantial and important to the formation of this Agreement, Agreement and each is, therefore, a material termterm of this Agreement. County’s 's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or a modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverparty.

Appears in 1 contract

Samples: Marine Law Enforcement Services Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall will not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall of a provision of this Agreement will not be deemed a waiver of any subsequent breach and shall will not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverparty.

Appears in 1 contract

Samples: Service Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, Agreement and each is, therefore, a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiverParty.

Appears in 1 contract

Samples: Subrecipient Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. CountySupervisor’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 1 contract

Samples: Municipal Elections Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. CountyAuthority’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 1 contract

Samples: Consultant Services Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth stated in this Agreement was bargained for at arm’s-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth stated in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, is a material termterm of this Agreement. County’s failure to enforce any provision of this Agreement shall is not be deemed a waiver of such the provision or modification of this Agreement. A waiver of any breach shall of a provision of this Agreement will not be deemed a waiver of any subsequent breach and shall will not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiverparty.

Appears in 1 contract

Samples: Local Matching Funds Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

Appears in 1 contract

Samples: Supplemental Insurance Agreement

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