Laches Sample Clauses

Laches. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof.
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Laches. No waiver of any covenant or condition or the breach of any covenant or condition of this Lease shall be taken to constitute a waiver of any subsequent breach of such covenant or condition, nor to justify or authorize the non-observance on any other occasion of the same, or any other covenant or condition hereof, nor shall the acceptance of Rent by Landlord at any time when Tenant is in default under any covenant or condition hereof be construed as a waiver of such default, nor shall any waiver or indulgence granted by Landlord to Tenant be taken as an estoppel against Landlord. It is expressly understood that if at any time Tenant shall be in default in any of the covenants or conditions hereunder, an acceptance by Landlord of Rent during the continuance of such default, or of the failure on the part of Landlord promptly to avail itself of such other rights or remedies as Landlord may have, shall not be construed as a waiver of such default; but Landlord may at any time thereafter, if such default continues, take action it deems necessary on account of such default, in the manner provided in this Article XVII. Every demand for rent due wherever and whenever made, or demand for the performance or observance of any of the other obligations devolving upon Tenant hereunder, shall have the same effect as if made at the time it falls due and at the place of payment; and after the service of any notice of commencement of any suit or final judgment therein, Landlord may receive and collect any rent due, and such collection or receipt shall not operate as a waiver of nor affect such notice, suit or judgment.
Laches. For purposes of settlement, the City has raised laches as a defense to Violations 1-37 contained in Attachment A and the Prosecution Team agrees that, given the totality of the circumstances, laches may bar the imposition of $111,000 in liability for those oldest 37 violations. These violations occurred between March 1, 2007 and March 31, 2015, and are identified in Attachment A as violations 1-37. All of these violations are at least six years old. The Prosecution Team stipulates that, given the specific circumstances of this case, there is insufficient evidence to overcome the presumption that the delay is unreasonable and has caused prejudice.
Laches. No waiver of any covenants or condition or the breach of any covenant or condition of this Lease shall be taken to constitute a waiver of any subsequent breach of such covenant or condition not to justify or authorize the non-observance of any other occasion of the same of any other covenant or condition hereof, nor shall the acceptance of rent by Lessor at any time when Lessee is in default under any covenant or condition hereof be construed as a waiver of such default. Acceptance by Lessor of an amount less that the full amount owed by Lessee shall, in no event, constitute Lessor’s waiver or partial waiver of the full amount owed by Lessee under this Lease nor shall such acceptance be construed to be an “accord and satisfaction” regarding said full amount owed to Lessor by Lessee. Additionally, such acceptance by Lessor of a lesser amount owed to Lessor by Lessee shall not be a waiver by Lessor of Lessee’s default under this Lease or diminish Lessor’s rights and remedies under this Lease as a result of Lessee’s default.
Laches. No waiver of any covenants or conditions. or breach of any covenants or condition of this lease shall be taken to constitute a waiver of any subsequent breach of such covenants or condition nor to justify or authorize the non-observance of any other occasion of the same or of any other covenant or condition hereof, nor shall the acceptance of rent by Lessor, at any time when Lessee is in default under any covenant or condition hereof. be constructed as a waiver of such default.
Laches. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof. It is further agreed that a waiver by either of the parties hereto of any of the covenants and agreements hereof to be performed by the other, shall not be construed to be a waiver of any succeeding breach thereof or of any other covenants or agreements herein contained.
Laches. The waiver of any covenants or conditions or of the performance of and compliance with same, or the acquiesced breach thereof, shall not constitute a waiver of any subsequent non-performance and non- compliance or of any subsequent breach of such covenants or conditions, nor will such waiver justify or authorize the non-observance of any other covenant or condition hereof.
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Laches. 33. It is mutually covenanted and agreed between the parties hereto that the failure of the Lessor to insist at all times upon strict compliance with all of the terms, conditions, obligations, covenants and agreements contained herein shall not be construed as a waiver or relinquishment in respect thereof thereafter.
Laches. Any failure of Lessor to enforce rights or to seek remedies upon any default of Lessee hereunder, or the delay of said enforcement or the seeking of remedies shall not prejudice or affect the rights or remedies of Lessor in the event of any subsequent default or attempted enforcement at a later date.

Related to Laches

  • Covenant Against Discrimination Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

  • Statute of Limitations The parties agree that all applicable statutes of limitation and time-based defenses (such as, estoppel and laches) are tolled while the procedures set forth in Subsections 9.2.(a) and 9.2(b) are pending. The parties shall take any actions necessary to effectuate this result.

  • Discrimination Prohibited The Landlord shall not discriminate based upon race, color, creed, religion, national origin, sex, marital status, age, handicap, or disability, familial status or recipients of public assistance; and shall comply with all nondiscrimination requirements of Federal, State and local law.

  • Time Limitations Neither Parent nor Acquisition Corp. shall have any liability (for indemnification or otherwise) with respect to any representation or warranty, or agreement to be performed and complied with prior to the Effective Time, unless on or before the two-year anniversary of the Effective Time (the “Claims Deadline”), Parent is given notice of a claim with respect thereto, in accordance with Section 8.05, specifying the factual basis therefor in reasonable detail to the extent then known by the Company Indemnified Parties.

  • Time Limitation No claim or action shall be brought under this Article 12 for breach of a representation or warranty after the lapse of two (2) years following the Closing. Regardless of the foregoing, however, or any other provision of this Agreement:

  • Statute of Limitation Except for claim(s) as to ownership or title to intellectual property rights, breach of the protections for Confidential Information, the right of SAP to bring suit for payments due hereunder, or a party’s failure to provide the indemnity obligations herein and its subject matter, either party must initiate a cause of action for any claim(s) relating to the Agreement and its subject matter within 1 year from the date when the party knew, or should have known after reasonable investigation, of the facts giving rise to the claim(s).

  • No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of the System Agency’s or the State’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract.

  • Prohibition Against Discrimination It is the policy of the State to prohibit discrimination in employment against any employee or applicant for employment because of race, age, color, religion, creed, sex (including pregnancy), sexual orientation, political affiliation, country of national origin, ancestry, genetic information, gender identity or expression, mental or physical disability, marital status, or labor organization affiliations, and to promote and implement a positive and continuing program of equal employment opportunity. It is the policy of the Union that it shall not discriminate against any employee or cause or attempt to cause the State to discriminate against any employee because of race, age, color, religion, creed, sex, sexual orientation, political affiliation, country of national origin, ancestry, genetic information, gender identity or expression, mental or physical disability, marital status or labor or organization affiliation.

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