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
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
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
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
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
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
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
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
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