Common use of Accord and Satisfaction Clause in Contracts

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder shall be deemed to be other than on account of the earliest rent due, nor shall any endorsement or statement on any check or letter accompanying such check or payment be deemed an accord and satisfaction, and Landlord may accept such check without prejudice to Landlord's rights to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equity.

Appears in 2 contracts

Samples: Lease (Sportmart Inc), Basic Lease Terms (Sportmart Inc)

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Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such which may accompany any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights ’s right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 2 contracts

Samples: Lease Agreement (V2K International Inc), Lease Agreement (Spacedev, Inc.)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duethen unpaid, nor shall any endorsement or statement on or any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityherein provided.

Appears in 2 contracts

Samples: Lease Agreement (United Bancshares Inc /Pa), Lease Agreement (United Bancshares Inc /Pa)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum than the Rent or Percentage Rent due hereunder herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment of rent be deemed an accord and satisfaction, and unless otherwise agreed to by the parties in writing. Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available provided in this Lease, at law or in equity.

Appears in 2 contracts

Samples: Of Lease (Syneron Medical Ltd.), Of Lease (Syneron Medical Ltd.)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by ----------------------- Landlord of a lesser amount of Minimum than the Rent or Percentage Rent due hereunder herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment Rent or pursue any other remedy available provided in this Lease, at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Autotote Corp)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent and additional rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an in accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights ’s right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: Lease Agreement (Solomon Technologies Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent due, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, ; and Landlord may accept such check payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or to pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: Lease Agreement

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum than the monthly Rent or Percentage Rent due hereunder other sums herein stipulated shall be deemed to be other than on an account of the earliest rent duestipulated Rent or other sum, nor shall any endorsement or statement on any check or in any letter accompanying such any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights ’s right to recover the balance of such rent Rent or payment other sum due hereunder or pursue any other remedy available provided in this Lease, at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Accuride Corp)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such the check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equitythe Lease provided.

Appears in 1 contract

Samples: Lease Agreement (Mace Security International Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may shall accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or to pursue any other remedy available provided in this Lease, at law or in equitySublease.

Appears in 1 contract

Samples: Esperion Therapeutics Inc/Mi

Accord and Satisfaction. 35.1 46.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the rent herein stipulated shall be deemed to be other than on account of the earliest earlier rent due, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available provided in this Lease, at law or in equity.

Appears in 1 contract

Samples: Lease (Paytrust Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the rents herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rents, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights ’s right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equity.

Appears in 1 contract

Samples: Ground Lease (Universal City Travel Partners)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check without prejudice to Landlord's rights ’s right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equity.Lease provided

Appears in 1 contract

Samples: Lease Agreement (Infospace Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights ’s right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: Lease (Mmax Media, Inc.)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum than the Rent or Percentage Rent due hereunder herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment Rent or pursue any other remedy available in this Lease, at law or in equitythe Lease provided.

Appears in 1 contract

Samples: Supplemental Agreement (Eagle Hardware & Garden Inc/Wa/)

Accord and Satisfaction. 35.1 22.01 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent dueor other charges payable by Tenant hereunder, nor shall any endorsement or statement on any check or on any letter accompanying such any check or payment as rent or other charges be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment other charge or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: Indenture of Lease (A C Moore Arts & Crafts Inc)

Accord and Satisfaction. 35.1 42.01. No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or of statement on any check or any letter accompanying such any check or payment as rent be deemed an on accord and satisfaction, and Landlord may shall accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: Jabil Circuit Inc

Accord and Satisfaction. 35.1 No payment by the Tenant or receipt by the Landlord of a lesser amount of Minimum than the Rent or Percentage Rent due hereunder herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying such check or payment be deemed an accord and satisfaction, and the Landlord may accept such check or payment without prejudice to the Landlord's rights right to recover the balance of such rent or payment Rent or pursue any other remedy available remedies in this Lease, at law or in equityGround Lease provided.

Appears in 1 contract

Samples: Ground Lease Agreement (Inland Western Retail Real Estate Trust Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder shall than the rent herein stipulated will be deemed to be other than on account of the earliest rent due, nor shall any stipulated rent. No endorsement or statement on any check or any letter accompanying such check or any payment of rent will be deemed an accord and satisfaction, satisfaction and Landlord may accept any such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available provided in this Lease, at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Medicines Co /De)

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Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser lessor amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: First Shares Bancorp Inc

Accord and Satisfaction. 35.1 27.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum than the Fixed Rent or Percentage Rent due hereunder Additional Payments herein stipulated shall be deemed to be other than on account of the earliest rent due, nor shall any and no endorsement or statement on any check or any letter accompanying such a check or for payment of rent shall be deemed an accord and satisfaction, and Landlord may accept such check without prejudice to Landlord's rights right to recover the balance of such rent or payment or to pursue any other remedy available in this Lease, at law or in equityto Landlord shall remain.

Appears in 1 contract

Samples: Lease (Miscor Group, Ltd.)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum than the Rent or Percentage Rent due hereunder herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: Lease Agreement (Tangram Enterprise Solutions Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser lessor amount of Minimum Rent or Percentage Rent due hereunder than the rent herein provided shall be deemed to be other than on account of the earliest rent duedue and payable hereunder, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept any such check of payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityproper remedy.

Appears in 1 contract

Samples: Lease Agreement (California Culinary Academy Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check without prejudice to Landlord's rights ’s right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityLease provided.

Appears in 1 contract

Samples: Lease Agreement (Sirf Technology Holdings Inc)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than any and all rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may shall accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available provided in this Lease, at law or in equity. TENANT HEREBY EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL RIGHTS IT MIGHT HAVE TO CLAIM AN ACCORD AND SATISFACTION UNDER OR PURSUANT TO C.R.S. ' 4-3-311.

Appears in 1 contract

Samples: Stone Creek Business Center (Growlife, Inc.)

Accord and Satisfaction. 35.1 28.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum than the Fixed Rent or Percentage Rent due hereunder Additional Payments herein stipulated shall be deemed to be other than on account of the earliest rent due, nor shall any and no endorsement or statement on any check or any letter accompanying such a check or for payment of rent shall be deemed an accord and satisfaction, and Landlord may accept such check without prejudice to Landlord's rights ’s right to recover the balance of such rent or payment or to pursue any other remedy available in this Lease, at law or in equityto Landlord shall remain.

Appears in 1 contract

Samples: Lease (Quanex Building Products CORP)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor or shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equitylease period.

Appears in 1 contract

Samples: Lease (Americasbank Corp)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement or statement on any check or any letter accompanying such the check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available provided in this Lease, at law the Lease or in equity.by law. 23.2

Appears in 1 contract

Samples: Galacticomm Technologies Inc

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the rent herein provided shall be deemed to be other than on account of the earliest rent duedue and payable hereunder, nor shall any endorsement or statement on any check or any letter accompanying such any check or payment as rent be deemed an am accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityproper remedy.

Appears in 1 contract

Samples: Lease Agreement (Coast Bancorp)

Accord and Satisfaction. 35.1 No payment by Tenant or receipt by Landlord of a lesser amount of Minimum Rent or Percentage Rent due hereunder than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest rent duestipulated rent, nor shall any endorsement enforcement or statement on any check or any letter accompanying such any check or payment as rent be deemed an accord and satisfaction, and . Landlord may accept such check or payment without prejudice to Landlord's rights right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equityprovided for herein.

Appears in 1 contract

Samples: Lease Agreement (Rattlesnake Holding Co Inc)

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