Common use of Materiality and Waiver of Breach Clause in Contracts

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. 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.

Appears in 13 contracts

Samples: Agreement, Interlocal Agreement, Is an Agreement

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Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofterm. 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 Party granting the waiver.

Appears in 12 contracts

Samples: Plan Consulting Services, Technology Products Agreement, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 Party granting the waiver.

Appears in 9 contracts

Samples: Agreement, Agreement Between Broward County And, Technology Products Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. 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.

Appears in 5 contracts

Samples: Is an Agreement, Agreement, Agreement of Lease and Services Between Broward County And

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 4 contracts

Samples: Agreement, Agreement, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 Party.

Appears in 4 contracts

Samples: Marketing Campaign Services, Agreement, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm's-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 3 contracts

Samples: Agreement, Agreement, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. 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.

Appears in 2 contracts

Samples: Agreement, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. CountyCOUNTY'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.

Appears in 2 contracts

Samples: Interlocal Agreement, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. Either Government Entity's or 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.

Appears in 2 contracts

Samples: Interlocal Agreement, Interlocal Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. County's ’s or Municipality’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 Party granting the waiver.

Appears in 2 contracts

Samples: Interlocal Agreement, Subaward Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofterm. 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 Party granting the waiver.

Appears in 2 contracts

Samples: Agreement, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. County's failure to enforce any provision of this Agreement Agreement, or acceptance of any Rent or any partial performance by Concessionaire, shall not be deemed a waiver of such any provision of this Agreement 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: Concession Lease and Operating Agreement Between Broward County And, Concession Lease and Operating Agreement Between Broward County And

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 2 contracts

Samples: Agreement Between Broward County And, Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 party.

Appears in 2 contracts

Samples: Agreement Between Broward County, Agreement Between Broward County And

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. County's ’s or School Board’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 Party granting the waiver.

Appears in 1 contract

Samples: Subaward Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. County's ’s failure to enforce any provision of this Agreement Agreement, or acceptance of any partial performance by Lessee, shall not be deemed a waiver of such any provision of this Agreement 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: Lease Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, Agreement and each is, therefore, a material term hereofof this Agreement. County's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or a 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 party.

Appears in 1 contract

Samples: Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. 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

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Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. County's ’s failure to enforce any provision of this Agreement Agreement, or acceptance of any partial performance by Xxxxxx, shall not be deemed a waiver of such any provision of this Agreement 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: Lease Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. County's COUNTY’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision provisions 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: Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. County's ’s failure to enforce any provision of this Agreement Agreement, or acceptance of any Annual Rent or other fees or any partial performance by Lessee, shall not be deemed a waiver of such any provision of this Agreement 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: Marine Terminal Lease and Operating Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 Party granting the waiver.‌

Appears in 1 contract

Samples: Technology Products Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth 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 herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. 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.

Appears in 1 contract

Samples: Agreement of Lease

Materiality and Waiver of Breach. Each COUNTY and VENDOR agree that each requirement, duty, and obligation set forth herein was bargained for at arm's-arm’s length and is agreed to by the Partiesparties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, Agreement and each is, therefore, a material term hereof. CountyCOUNTY'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.

Appears in 1 contract

Samples: Business Associate Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof 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 party.‌

Appears in 1 contract

Samples: Agreement Between Broward County And

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. 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 party.

Appears in 1 contract

Samples: Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofof this Agreement. County's ’s or City’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 party.

Appears in 1 contract

Samples: Tri Party Grant Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm's-arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, Agreement and each is, therefore, a material term hereofof 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 Party.

Appears in 1 contract

Samples: Subrecipient Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein in this Agreement was bargained for at arm'sarm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereofterm. 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 Party granting the waiver.

Appears in 1 contract

Samples: Agreement

Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-arms'- length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. County's 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.

Appears in 1 contract

Samples: Agreement

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