Common use of Right to Require Performance Clause in Contracts

Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provision hereof shall in no way affect the right of the City thereafter to enforce same or be considered a waiver of such provision, nor shall a waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Right to Require Performance. ‌ 2472 43.01 The failure of the City at any time to require performance by the Contractor of any provision hereof shall of this 2473 Agreement will in no way affect the right of the City thereafter to enforce same or be considered a waiver of such provision, nor shall a same. Nor will waiver by the City of any 2474 breach of any provision hereof of this Agreement be taken or held to be a waiver of any succeeding breach of such 2475 provision or as a waiver of any provision itself.

Appears in 2 contracts

Samples: Solid Waste Collection Services Agreement, Solid Waste Collection Services Agreement

Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provision hereof shall of this Agreement will in no way affect the right of the City thereafter to enforce same or be considered a waiver of such provision, nor shall a same. Nor will waiver by the City of any breach of any provision hereof of this Agreement be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 2 contracts

Samples: Collection Services Agreement, Collection Services Agreement

Right to Require Performance. 37.01 The failure of the City TOWN at any time to require performance by the Contractor FRANCHISEE of any provision hereof shall in no way affect the right of the City TOWN thereafter to enforce same or be considered a waiver of such provision, nor same. Nor shall a waiver by the City TOWN of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 2 contracts

Samples: Non Exclusive Temporary Construction and Demolition Debris Collection Service Agreement, Non Exclusive Temporary Construction and Demolition Debris Collection Service Agreement

Right to Require Performance. A. The City's failure of the City at any time to require performance by the Contractor of any provision hereof of the specifications in this Contract shall in no way affect the right of the City thereafter to enforce same or be considered a waiver of such provision, nor shall a same. B. No waiver by the City of any breach of any provision hereof specifications in this Contract shall be taken or held to be a waiver of any succeeding breach of such provision specifications in this Contract, nor shall such a waiver of a single breach be taken or as held to be a waiver of any provision specification itself.

Appears in 1 contract

Samples: Service Agreement

Right to Require Performance. a. The failure of the City at any time to require performance by the Contractor Disposal Company of any provision hereof of this Contract shall in no way affect the right of the City thereafter to enforce same or be considered a waiver of such provision, nor the same. Nor shall a waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itselfthereof.

Appears in 1 contract

Samples: Agreement for Services

Right to Require Performance. The failure of the City CITY at any time to require performance by the Contractor FRANCHISEE of any provision hereof shall in no way affect the right of the City CITY thereafter to enforce same or be considered a waiver of such provision, nor same. Nor shall a waiver by the City CITY of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Commercial Solid Waste and Recyclable Materials Collection Franchise Agreement

Right to Require Performance. 29 The failure of the City CITY at any time to require performance by the Contractor CONTRACTOR of any 30 provision hereof shall in no way affect the right of the City CITY thereafter to enforce same or be considered a waiver of such provision, nor same. Nor 31 shall a waiver by the City CITY of any breach of any provision hereof be taken or held to be a 32 waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Service Agreement

Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provision hereof shall in no way of this Agreement does not affect the right of the City thereafter to enforce same or be considered a waiver of such the provision, nor shall a waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such the provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Collection Services Agreement

Right to Require Performance. 37.01 The failure of the City CITY at any time to require performance by the Contractor LICENSEE of any provision hereof shall in no way affect the right of the City CITY thereafter to enforce same or be considered a waiver of such provision, nor same. Nor shall a waiver by the City CITY of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Non Exclusive Temporary Debris Box and Roll Off Collection Service Agreement

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Right to Require Performance. The failure of the City CITY at any time to require performance by the Contractor CONTRACTOR of any provision hereof shall in no way affect the right of the City CITY thereafter to enforce same or be considered a waiver of such provision, nor same. Nor shall a waiver by the City CITY of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Collection Services Franchise Agreement

Right to Require Performance. The failure of the City Town at any time to require performance by the Contractor of any provision provisions hereof shall in no way affect the right of the City Town thereafter to enforce same or be considered a waiver of such provision, nor same. Nor shall a any waiver by the City Town of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such any provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Recycling Collection Agreement

Right to Require Performance. The failure of the City Town at any time to require performance by the Contractor of any provision hereof shall in no way affect the right of the City Town thereafter to enforce same or be considered a waiver of such provisionsame, nor shall a waiver by the City Town of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Franchise Agreement

Right to Require Performance. The failure of the City CITY at any time to require performance by the Contractor CONTRACTOR of any provision hereof shall in no way affect the right of the City CITY thereafter to enforce same or be considered a waiver of such provision, nor same. Nor shall a waiver by the City CITY of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Franchise Agreement

Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provision hereof shall in no way affect the right of the City thereafter to enforce same or be considered a waiver of such provisionsame, nor shall a waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Appears in 1 contract

Samples: Exclusive Franchise Agreement for Collection Services

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