Materiality and Waiver of Breach. City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm’s-length and is agreed to by the Parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City’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.
Appears in 20 contracts
Samples: Agreement for Park Security, Installation and Removal, Agreement For
Materiality and Waiver of Breach. City CITY and Contractor CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arm’sarms-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityCITY’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.
Appears in 14 contracts
Samples: Insurance and Accidental Death And, hallandalebeachfl.gov, cdn.cocodoc.com
Materiality and Waiver of Breach. City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm’s-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City’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.
Appears in 7 contracts
Samples: Professional Services Agreement, Agreement, Agreement
Materiality and Waiver of Breach. City CITY and Contractor CONSULTANT agree that each requirement, duty, and obligation set forth herein was bargained for at arm’s-length arms‐length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityCITY’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.
Appears in 5 contracts
Samples: Agreement, cdn.cocodoc.com, www.cohb.org
Materiality and Waiver of Breach. City CITY and Contractor CONSULTANT agree that each requirement, duty, and obligation set forth herein was bargained for at arm’sarms-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityCITY’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.
Appears in 3 contracts
Samples: Golden Isles Tennis Center Operations, Agreement, www.cohb.org
Materiality and Waiver of Breach. City COUNTY and Contractor CTY agree that each requirement, duty, and obligation set forth herein was bargained for at arm’sarms-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityCITY's or 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.
Appears in 2 contracts
Samples: Interlocal Agreement, Interlocal Agreement
Materiality and Waiver of Breach. City CITY and Contractor CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arm’s-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityCITY’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.
Appears in 2 contracts
Samples: Agreement, Construction Services Agreement
Materiality and Waiver of Breach. City The CITY and Contractor the GRANTEE agree that each requirement, duty, and obligation set forth herein was bargained for at arm’sarms-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityThe CITY’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.
Appears in 1 contract
Samples: Grant Agreement
Materiality and Waiver of Breach. City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm’s-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityEither party’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.
Appears in 1 contract
Samples: Agreement for Banking Services
Materiality and Waiver of Breach. City COUNTY and Contractor CITY agree that each requirement, duty, and obligation set forth herein was bargained for at arm’sarms-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. CityCOUNTY’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.
Appears in 1 contract
Samples: Whereas
Materiality and Waiver of Breach. City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm’sarm's-length and is agreed to by the Parties parties in exchange for quid pro quidpro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City’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.
Appears in 1 contract
Samples: Agreement For
Materiality and Waiver of Breach. City CITY and Contractor CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arm’sarms-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement Contract and that each is, therefore, a material term hereof. CityCITY’s failure to enforce any provision of this Agreement Contract shall not be deemed a waiver of such provision or modification of this AgreementContract. A waiver of any breach of a provision of this Agreement Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this AgreementContract.
Appears in 1 contract
Samples: Contract
Materiality and Waiver of Breach. City CITY and Contractor CONTRACTOR agree that each requirement, duty, duty and obligation set forth herein was and bargained for at arm’sarms-length and is agreed to by the Parties parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement Contract and that each is, therefore, a material term hereof. City’s CITY’S failure to enforce any provision of this Agreement Contract shall not be deemed a waiver of such a provision or modification of this AgreementContract. A waiver of any breach of a provision of this Agreement Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this AgreementContract.
Appears in 1 contract
