Common use of Laches Clause in Contracts

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.

Appears in 1 contract

Sources: Lease Agreement (Chicago Pizza & Brewery Inc)

Laches. No waiver of any covenant covenants or condition conditions 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, condition nor to justify or authorize the non-observance on any other occasion of the same, same or any other covenant or condition hereof, nor shall the acceptance of Rent rent by Landlord the Lessor at any time when Tenant the Lessee is in default under covenant or condition hereof, nor shall the acceptance of rent by the Lessor at any time when the Lessee 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 the Lessor to Tenant the Lessee be taken as an estoppel against Landlord. It is the Lessor, it being expressly understood that if at any time Tenant the Lessee shall be in default in any of the covenants or conditions hereunder, an acceptance by Landlord the Lessor: of Rent rental during the continuance of such default, default or of the failure on the part of Landlord the Lessor promptly to avail itself of such other rights or remedies as Landlord the Lessor may have, shall not be construed as a waiver of such default; but Landlord the Lessor may at any time thereafter, if such default continues, take any action it deems necessary on account of such default, in the manner provided in this Article XVIIherein. 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 Lessor 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.

Appears in 1 contract

Sources: Lease Agreement (Emdeon Inc.)