Custom and Usage. Landlord shall have the right at all times to enforce the covenants and conditions of this Lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of Landlord in refraining from so doing at any time or times with respect to Tenant hereunder or with respect to other tenants of the Building. The failure of Landlord at any time or times to enforce its rights under said covenants and provisions strictly in accordance with the same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions and covenants of this Lease or as having in any way or manner modified the same.
Custom and Usage. 2301. Landlord shall have the right at all times to enforce the covenants and conditions of this Lease in strict accordance with the terms hereof despite any conduct or custom on the part of the Landlord in refraining from so doing at any time or times, and despite any contrary law, usage or custom or any failure by Landlord to enforce its rights at any time or times.
Custom and Usage. Any law, usage or custom to the contrary ---------------- notwithstanding, Lessor shall have the right at all times to enforce the covenants and conditions of this lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of the lessor in refraining from so doing at any time or times with respect to the 1 lessee hereunder or with respect to other tenants. The failure of Lessor at any time or times to enforce its rights under said covenants and provisions strictly in accordance with the same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions and covenants of this Lease or as i having in any way or manner modified the same.
Custom and Usage. This Agreement is made in and shall be construed by reference to custom and usage in the United States motion picture industry, which custom and usage, to the extent not inconsistent with the specific terms hereof, is hereby incorporated herein by reference and made part hereof. Without limiting the generality of the foregoing, such customary provisions shall include suspension and termination for default, force majeure, act of God and disability ; default provisions; delineation of services to be rendered; “pay or play”; and all other customary provisions relating to employment of directors and their obligations.
Custom and Usage. LANDLORD and TENANT shall each have the right at all times to enforce the covenants and conditions of this Lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on its part in refraining from so doing. The failure of LANDLORD or TENANT at any time or times to enforce its rights under said covenants and provisions strictly in accordance with the same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions and covenants of this Lease or as having in any way or manner modified the same.
Custom and Usage. 27 Section 25.05
Custom and Usage. A. It is hereby covenanted and agreed, any law, usage or custom to the contrary notwithstanding. that Landlord shall have the right at all times to enforce the covenants and conditions of this Lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of Landlord in refraining from so doing at any time or times.
Custom and Usage. Government practice may be used in interpreting the agreement unless there is an expressed or explicit term within the agreement in conflict with the asserted customary practice or usage of the term. Precedence of Words and Terms – The agreement generally sets forth the precedence or importance to be accorded to words and terms in case a conflict exists. Where an agreement is made up of written, typed and printed terms and there is an inconsistency, the following order of precedence applies: The written provisions take precedence over typewritten provisions and typewritten provisions take precedence over printed provisions. This order of precedence is established on the premise that it yields the most immediate language, which is normally the language that the parties last put into the agreement. As a general rule, where an agreement contains both general and special provisions relating to the same subject, the special provisions are controlling--unless the agreement states something to the contrary. Ambiguities Construed Against Drafter – After applying the previous rules of interpretation, if the meaning of the agreement is still unclear, clarify the ambiguous language by consulting the original jurisdiction who drafted the language. This demonstrates the need for maintaining all correspondence.
Custom and Usage. Customer’s property of extraordinary value shall be insured through mutual agreement. 18. The price set forth in the quotation is based upon the specifications detailed therein. If revised proofs are desired, request must be made when proofs are returned. No action regardless of form arising out of the transactions under this agreement may be brought in a court of law or equity by Customer more than one (1) year after the cause of action has occurred. To make it easy for you to set things up, try to use a setup template available in a format supported by a design program or application that you're using. QUANTITY. Cedar Graphics shall have a right to retain possession of, and shall have a lien on, all paper and any other property owned by Customer and in Cedar Graphics’ possession and all work in process and/or undelivered work. PROOFS. The terms and conditions set forth herein supersede all other proposals, oral or written, and all previous negotiations, conversations, or discussions between the parties to this agreement. 26.
Custom and Usage. It is hereby covenanted and agreed, any law, usage or custom to the contrary notwithstanding, that LANDLORD shall have the right at all times to enforce each and every of the terms, provisions, covenants, agreements, undertakings, and conditions of this Lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of LANDLORD in refraining from so doing at any time or times. The waiver by LANDLORD of any breach of any term, provision, covenant, agreement, undertaking, or condition contained in this Lease shall absolutely not be deemed to be a continuing waiver of any such or of any subsequent breach of the same or any other like or differing term, provision, covenant, agreement, undertaking, or condition contained in this Lease. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of any preceding breach by TENANT of any term, provision, covenant, agreement, undertaking, or condition of this Lease other than the failure of TENANT to pay the particular rent so accepted, regardless absolutely of LANDLORD’S knowledge of such preceding breach at the time of acceptance of such rent. No term, provision, covenant, agreement, undertaking, or condition of this Lease shall be deemed to have been waived by LANDLORD unless such waiver be specifically set forth in writing and signed by LANDLORD. Wherever LANDLORD is given in this Lease a right to consent or approve an action by TENANT which consent is not specified to be on the basis of reasonableness, LANDLORD may arbitrarily withhold its consent thereto. In the event that in this Lease it is provided that the exercise of any right by TENANT or the performance of any obligations of TENANT shall be subject to the consent or approval of LANDLORD and that the consent or approval of LANDLORD shall not be unreasonably withheld or delayed, then in any case in which LANDLORD shall withhold or delay its consent, such determination by LANDLORD shall be conclusive upon TENANT unless, however, TENANT shall within twenty (20) days after notice from LANDLORD of its determination, file an equitable action in the appropriate court in the county in which the Shopping Center is located seeking injunctive relief from LANDLORD’S determination, which such injunctive relief shall be the sole remedy of TENANT for any such withholding or delaying of consent or approval by LANDLORD. In the event that any action for injunctive relief shall be filed by TENANT pursuant ...
