Common use of Waiver of Performance Clause in Contracts

Waiver of Performance. a) No waiver by COUNTY of a breach of any of the terms, conditions, covenants or guarantees of this Agreement will be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, condition, covenant or guarantee herein contained. Further, any failure of COUNTY to insist in any one or more cases upon the strict performance of any of the covenants of this Agreement, or to exercise any option herein contained, will not be construed as a waiver or relinquishment for the future of that covenant or option. In fact, no waiver, change, modification or discharge by either Party of any provision of this Agreement will be deemed to have been made or will be effective unless expressed in writing and signed by the Party to be charged. b) No act or omission of COUNTY will in any manner impair or prejudice any right, power, privilege, or remedy available to COUNTY under this Agreement, by law or in equity. c) No representative or agent of COUNTY may waive the effect of the provisions of Section 14.04.

Waiver of Performance. (a) No waiver by COUNTY the City of a breach of any of the terms, conditions, covenants or guarantees of this Agreement will shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, condition, covenant or guarantee herein contained. Further, any failure of COUNTY the City to insist in any one or more cases upon the strict performance of any of the covenants of this Agreement, or to exercise any option herein contained, will not shall in no event be construed as a waiver or relinquishment for the future of that such covenant or option. In fact, no waiver, change, modification or discharge by either Party hereto of any provision of this Agreement will shall be deemed to have been made or will shall be effective unless expressed in writing and signed by the Party party to be charged. (b) No act or omission of COUNTY will the City shall in any manner impair or prejudice any right, power, privilege, privilege or remedy available to COUNTY under this Agreement, the City hereunder or by law or in equity, such rights, powers, privileges or remedies to be always specifically preserved hereby. (c) No representative or agent of COUNTY the City may waive the effect of the provisions of Section 14.04this Section.