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: Security Services Agreement, Vehicle & Equipment Graphics Installation and Removal Agreement, Water Meter Boxes Co Op 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’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: Uniform Purchase Agreement, Invitation to Bid, Group Medical and Benefits 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. 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: Palm Frond Collection Services Agreement, Digital Plan Room Agreement, Professional Services 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 6 contracts
Samples: Consulting Agreement, Owner’s Representative / Construction Project Management and Inspection Services Agreement, Grant Monitoring Services 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’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: Request for Proposals (Rfp), Request for Proposal (Rfp), Grant Monitoring Services 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: Request for Proposal (Rfp), Construction Management Services Agreement
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, 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
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. CityNeither CITY's nor 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 1 contract
Samples: Interlocal 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: Banking Services Agreement
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: Public Safety Services 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’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 for Services
