Common use of Materiality and Waiver of Breach Clause in Contracts

Materiality and Waiver of Breach. City and Design-Build Firm agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents.

Materiality and Waiver of Breach. City and Design-Build Firm Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents.

Materiality and Waiver of Breach. ‌ City and Design-Build Firm Construction Manager agree that each requirement, duty, and obligation set forth in this these Contract Documents is substantial and important to the formation of the Contract Documents this Agreement and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents this Agreement shall not be deemed a waiver of such provision or modification of the Contract Documentsthis Agreement. A waiver of any breach of a provision of the Contract Documents 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 the Contract Documentsthis Agreement.