Florida Entire Agreement and No Waiver

State:
Multi-State
Control #:
US-OL18013
Format:
Word; 
PDF
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Description

This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.

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FAQ

If any agreement contained herein should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder.

A hold harmless clause, also known as an exculpatory clause or release of liability clause, is a standard waiver clause that states that one party won't hold the other liable for damages, losses, or costs associated with incurred legal issues.

The contract contains a ?non-waiver? clause that provides, ?a failure or delay in enforcing an obligation, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy.? In non-legal terms, this means, ?if we don't call you in breach of contract and enforce our rights, it doesn't ...

By Practical Law Corporate. A boilerplate clause intended to prevent an unintentional waiving of a party's rights under an agreement due to a failure by that party to fully enforce or take action in respect of those rights.

This Agreement contains contain the entire agreement of the parties with respect to the matters covered herein and supersede all prior and contemporaneous agreements and understandings, oral or written, between the parties hereto concerning the subject matter hereof.

Simply put, a no waiver clause should spell out the fact that both parties always have the right to enforce the terms of the contract.

If you're the party who can enforce a right, you should include a waiver clause to ensure that you won't unintentionally lose your ability to do so in the future.

To prove the existence of a contract under Florida law, the party seeking enforcement must prove: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms.

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Florida Entire Agreement and No Waiver