No Waiver by City. No failure by the City to insist upon the strict performance of any covenant, provision, term or condition of this Agreement, or to exercise any right, term or remedy upon a breach thereof shall constitute a waiver of any such breach of such covenant, agreement, term, or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, provision, term or condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
No Waiver by City. City inspection, approval or acceptance of the Improvements shall not relieve Developer of its obligations to fulfill this Agreement as prescribed, nor shall the City be estopped from bringing any action for damages arising from Developer's failure to comply with the terms and conditions of this Agreement.
No Waiver by City. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law.
No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer of its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.
No Waiver by City. To the extent permitted by applicable law, no failure by City to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default under this Agreement, and no acceptance of License Fees during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or alter this Agreement, which shall continue in full force and effect, or the rights of City with respect to any other then existing or subsequent default.
No Waiver by City. Any waiver by the City of any breach of any term or condition of this Agreement shall not operate as a waiver of any other breach of such term or condition or of any other term or condition, nor shall any failure to enforce such provision hereof operate as waiver of such provision or of any provision hereof, nor constitute nor be deemed a waiver of release of the Purchaser for anything arising out of, connected with, or based upon this Agreement.
No Waiver by City. No waiver of any breach, default, or failure of condition under the terms of this Note or the Deed of Trust or the obligations secured thereby shall be implied from any failure of City to take, or any delay be implied from any failure by City in
No Waiver by City. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the city indicating the work or any part thereof compiles with the requirements of this Agreement, or acceptance of the words or any part of said work and /or materials, or payments thereof, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this Agreement as prescribed; nor shall the CITY thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
No Waiver by City. The acceptance of any fee or charge hereunder by City shall not be deemed to be a waiver of any preceding violation by Operator of any provision of this Agreement, other than the failure of Operator to pay the fee or charge so accepted, regardless of City’s knowledge of such preceding or subsequent violation at the time of acceptance of such fee or the waiver of any other right or remedy allowed in law or in equity. The consent or approval by City to any act of Operator requiring City’s approval shall not be deemed to waive or render unnecessary the need for City’s consent to or approval of any subsequent similar act of Operator.
No Waiver by City. No delay on the part of City in exercising any right hereunder or failure to exercise the same shall operate as a waiver of such right. In no event shall any waiver of the provisions of this Guaranty be effective unless the same be in writing and signed by City, and then only in the specific instance and for the purpose given.
