Pattern of Conduct Sample Clauses
The Pattern of Conduct clause defines how repeated actions or behaviors by one party, even if not strictly in line with the contract, do not set a legal precedent or modify the agreement. For example, if a party consistently overlooks minor breaches or accepts late payments, this clause ensures such tolerance does not become an enforceable right or obligation. Its core function is to prevent informal practices from altering the formal terms of the contract, thereby maintaining the original intent and protecting both parties from unintended waivers or changes.
Pattern of Conduct. In making certification decisions, the MRCC will consider whether a firm has exhibited a pattern of conduct indicating its involvement in attempts to evade or subvert the intent or requirements of the DBE program. The MRCC will evaluate the eligibility of a firm on the basis of present circumstances and will not refuse to certify a firm based solely on historical information indicating lack of ownership or control by socially and economically disadvantaged individual(s) at some time in the past, if the firm currently meets ownership and control standards. The MRCC will not refuse to certify a firm solely on the basis that it is a newly formed firm.