Common use of Waiver of Default Clause in Contracts

Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 30 contracts

Samples: Professional Services Agreement by And, Local Implementation Agreement, Construction Agreement by and Between

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Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 21 contracts

Samples: Professional Services Agreement, Professional Services Agreement by And, Professional Services Agreement

Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 8 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

Waiver of Default. The waiver by either party COUNTY of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any shallany payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORCONSULTANT. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, ,and CONTRACTOR CONSULTANT shall promptly refund, any funds disbursed to CONSULTANT which COUNTY determines COUNTYdetermines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 6 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 6 contracts

Samples: Attachment 1, Attachment 1, humboldtgov.org

Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds disbursed to CONTRACTOR, which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 2 contracts

Samples: Agreement, Agreement

Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORCONSULTANT. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR CONSULTANT shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Professional Architecture and Engineering Services

Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORGRANTEE. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR GRANTEE shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Grant Agreement

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Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORGRANTEE. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR GRANTEE shall promptly refund, any funds disbursed to GRANTEE which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Grant Agreement

Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTORCONSULTANT. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR CONSULTANT shall promptly refund, any funds disbursed to CONSULTANT, which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Professional Services Agreement by And

Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Professional Services Agreement

Waiver of Default. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement or any default which may then exist on the part of CONTRACTORVENDOR. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR VENDOR shall promptly refund, any funds disbursed to VENDOR, which in the judgment of COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: A – Sample Service Agreement

Waiver of Default. The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by COUNTY constitute a waiver of any breach of this Agreement which may then exist on the part of CONTRACTORCOMPANY. Nor shall such payment impair or prejudice any remedy available to COUNTY with respect to the any breach or default. COUNTY shall have the right to demand repayment of, and CONTRACTOR COMPANY shall promptly refund, any funds which COUNTY determines were not expended in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Software License and Support Services Agreement

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