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.

Appears in 2 contracts

Samples: Architectural and Engineering Consulting Services, 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’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.

Appears in 2 contracts

Samples: 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 term of this Agreementterm. County’s A 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 PartyParty granting the waiver.

Appears in 1 contract

Samples: Interlocal Agreement

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.

Appears in 1 contract

Samples: Funding Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Amended 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 Amended Agreement is substantial and important to the formation of this Amended Agreement, and each is, therefore, a material term of this Amended Agreement. CountyEither party’s failure to enforce any provision of this Amended Agreement shall not be deemed a waiver of such provision or modification of this Amended Agreement. A waiver of any breach of a provision of this Amended 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 Amended Agreement. To be effective, any Any waiver must be in writing signed by an authorized signatory of the waiving Party.

Appears in 1 contract

Samples: Agreement

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.‌

Appears in 1 contract

Samples: For Accounting Services

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 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.

Appears in 1 contract

Samples: Agreement

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 Agreementterm. 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 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.

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 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.

Appears in 1 contract

Samples: Agreement

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.

Appears in 1 contract

Samples: Interlocal Agreement

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.

Appears in 1 contract

Samples: 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’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.

Appears in 1 contract

Samples: Agreement

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.

Appears in 1 contract

Samples: License Agreement

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.

Appears in 1 contract

Samples: Interlocal Agreement

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 Agreementterm. 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 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.

Appears in 1 contract

Samples: Agreement

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.

Appears in 1 contract

Samples: 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 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 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.

Appears in 1 contract

Samples: Interlocal Agreement

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