Does Waiver of Right to Offset Rent Also Waive Tenant’s Right to Terminate for Landlord’s Material Default?

The right of a party to terminate a contract when the other party to the agreement commits a material breach is a fundamental principle of contract law. The black letter law: “A party’s continuing obligations under a contract are conditioned on there being no uncured material failure by the other party to render any such performance due at an earlier time” (Restatement (Second) of Contracts § 237).