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 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term of this Agreementhereof. Either Government Entity's or 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. CountyA 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. To be effective, any waiver must be in writing signed by an authorized signatory of the waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 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 waiving Partyparty.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term of this Agreementhereof. County’s 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 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 waiving Partyparty.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term of this Agreementhereof. County’s Either party'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 of a provision of this Agreement shall 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. County’s 's failure to enforce any provision of this Agreement Agreement, or acceptance of any Rent or any partial performance by Concessionaire, shall not be deemed a waiver of such any provision of this Agreement 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term of this Agreementhereof. County’s Either 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. To be effective, any waiver must be in writing signed by an authorized signatory of the waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. CountyThe HFA’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 waiving Party.party.‌

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 that each is, therefore, a material term of this Agreement. City or 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 of a provision of this Agreement shall 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 waiving Partythat party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term hereof. Each of this Agreement. County’s the Parties' 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 waiving Party.

Materiality and Waiver of Breach. Each COUNTY and VENDOR agree that each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length arm’s length and is agreed to by the Partiesparties. 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 term of this Agreementhereof. County’s 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. County’s Neither 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. To be effective, any waiver must be in writing signed by an authorized signatory of the waiving PartyParty granting the waiver.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term of this Agreement. County’s or 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. To be effective, any waiver must be in writing signed by an authorized signatory of the waiving Partyparty.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term of this Agreementhereof. 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term of this Agreementhereof. 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 waiving Partyparty.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. CountyA 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. To be effective, any waiver must be in writing signed by an authorized signatory of the waiving PartyParty granting the waiver.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. CountyThe HFA’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 waiving Partyparty.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 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 waiving Party.party.‌

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 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 waiving Party.Party granting the waiver.‌

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. CountyEither 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. To be effective, any waiver must be in writing signed by an authorized signatory of the waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length arms'- 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 term of this Agreementhereof. CountyCOUNTY’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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s‐length 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 of this Agreement. County’s failure to enforce any provision of this Agreement Agreement, or acceptance of any Annual Rent or other fees or any partial performance by Lessee, shall not be deemed a waiver of such any provision of this Agreement 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 waiving Party.

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement herein was bargained for at arm’s‐length 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 term hereof. The failure of this Agreement. County’s failure any Party 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 waiving Party.