Common use of Materiality and Waiver of Breach Clause in Contracts

Materiality and Waiver of Breach. COUNTY and PURCHASER agree that each requirement, duty, and obligation set forth herein was bargained for at arms-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. A failure by either 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.

Appears in 19 contracts

Samples: Contract for Sale and Purchase, Sale and Purchase Agreement, Sale and Purchase Agreement

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Materiality and Waiver of Breach. COUNTY The AUTHORITY and PURCHASER GENERAL COUNSEL agree that each requirement, duty, and obligation set forth herein was bargained for at arms-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, Agreement and that each is, therefore, a material term hereof. A The AUTHORITY’s or GENERAL COUNSEL’S failure by either party to enforce any provision or modification 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: General Counsel Agreement, General Counsel Services Agreement

Materiality and Waiver of Breach. 15.1 COUNTY and PURCHASER PLAN agree that each requirement, duty, and obligation set forth herein was bargained for at arms-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, Agreement and that each is, therefore, a material term hereof. A . 15.2 COUNTY's failure by either 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.

Appears in 1 contract

Samples: Group Health Insurance Agreement

Materiality and Waiver of Breach. COUNTY and PURCHASER PARTIES agree that each requirement, duty, and obligation set forth herein was bargained for at arms-arms- 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, Agreement and that each is, therefore, a material term hereof. A COUNTY's or any PARTIES’ failure by either 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.

Appears in 1 contract

Samples: Interlocal Agreement

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Materiality and Waiver of Breach. COUNTY and PURCHASER AUTHORITY agree that each requirement, duty, and obligation set forth herein was bargained for at armsarm'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, Agreement and that each is, therefore, a material term hereof. A COUNTY’s failure by either 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.

Appears in 1 contract

Samples: Subrecipient Agreement

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