Common use of WAIVER OF BREACH AND MATERIALITY Clause in Contracts

WAIVER OF BREACH AND MATERIALITY. 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.

Appears in 2 contracts

Samples: Agreement for P25 Compliant Radio System, Infrastructure, and Maintenance, Advertising Agreement

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WAIVER OF BREACH AND MATERIALITY. Failure to enforce any provision of this the Agreement shall not be deemed a waiver of such provision or modification of this the Agreement. A waiver of any breach of a provision of this the 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 the Agreement. County and Airline agree that each requirement, duty, and obligation set forth in the Agreement is substantial and important to the formation thereof and therefore is a material term of the Agreement.

Appears in 2 contracts

Samples: Airline Airport Lease and Use Agreement, Airline Airport Lease and Use Agreement (Spirit Airlines, Inc.)

WAIVER OF BREACH AND MATERIALITY. 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. County and Concessionaire agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof.

Appears in 1 contract

Samples: Advertising and Display Concession Agreement

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WAIVER OF BREACH AND MATERIALITY. 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 provisions of this Agreement. County and Concessionaire agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof.

Appears in 1 contract

Samples: Advertising and Display Concession Agreement

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