Common use of Landlord's Remedies Cumulative Clause in Contracts

Landlord's Remedies Cumulative. All of Landlord’s remedies under this Lease shall be in addition to all other remedies Landlord may have at law or in equity, including, without limitation, the remedy described in California Civil Code Section 1951.4 (pursuant to which Landlord may continue this Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due if Tenant has the right to sublet or assign the Lease, subject to reasonable limitations). Waiver by Landlord of any breach of any obligation by Tenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. The possession of Tenant’s funds, negotiation of Tenant’s negotiable instruments, or acceptance of Tenant’s payment by Landlord or its agents shall not constitute a waiver of any breach by Tenant, and if such possession, negotiation or acceptance occurs after Landlord’s notice to Tenant, or termination of this Lease or of Tenant’s right to possession, such possession, negotiation or acceptance shall not affect such notice or termination. Acceptance of payment by Landlord after commencement of a legal proceeding or final judgment shall not affect such proceeding or judgment. Landlord may advance such monies and take such other actions for Tenant’s account as reasonably may be required to cure or mitigate any default by Tenant. Tenant shall immediately reimburse Landlord for any such advance, and such sums shall bear interest at the Interest Rate until paid.

Appears in 4 contracts

Samples: Lease (Nextg Networks Inc), Tenant Improvement Agreement (PortalPlayer, Inc.), Tenant Improvement Agreement (Pericom Semiconductor Corp)

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Landlord's Remedies Cumulative. All of Landlord’s 's remedies under this Lease shall be in addition to all other remedies Landlord may have at law or in equity, including, without limitation, the remedy described in California Civil Code Section 1951.4 (pursuant to which Landlord may continue this Lease in effect after Tenant’s 's breach and abandonment and recover rent as it becomes due if Tenant has the right to sublet or assign the Lease, subject to reasonable limitations). Waiver by Landlord of any breach of any obligation by Tenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. The possession of Tenant’s 's funds, negotiation of Tenant’s 's negotiable instruments, or acceptance of Tenant’s 's payment by Landlord or its agents shall not constitute a waiver of any breach by Tenant, and if such possession, negotiation or acceptance occurs after Landlord’s 's notice to Tenant, or termination of this Lease or of Tenant’s 's right to possession, such possession, negotiation or acceptance shall not affect such notice or termination. Acceptance of payment by Landlord after commencement of a legal proceeding or final judgment shall not affect such proceeding or judgment. Landlord may advance such monies and take such other actions for Tenant’s 's account as reasonably may be required to cure or mitigate any default by Tenant. Tenant shall immediately reimburse Landlord for any such advance, and such sums shall bear interest at the Interest Rate until paid.

Appears in 2 contracts

Samples: Lease (Trimble Navigation LTD /Ca/), Lease (Trimble Navigation LTD /Ca/)

Landlord's Remedies Cumulative. All of Landlord’s remedies under this Lease shall be in addition to all other remedies Landlord may have at law or in equity, including, including without limitation, the remedy described in California Civil Code Section 1951.4 (pursuant to which i.e., Landlord may continue this the Lease in effect after Tenant’s breach and abandonment and recover as rent as it becomes due if Tenant has the right to sublet or assign the Lease, subject to reasonable limitations). Waiver by Landlord of any breach of any obligation by Tenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. The possession of TenantLandlord’s funds, negotiation of Tenant’s negotiable instruments, or acceptance of Tenant’s payment by Landlord or its agents Tenant shall not constitute a waiver of any breach by Tenant, and if such possession, negotiation or the acceptance occurs after Landlord’s notice to Tenant, or termination of this Lease or of Tenant’s right to possession, such possession, negotiation or the acceptance shall not affect such notice or termination. Acceptance of payment by Landlord after commencement of a legal proceeding or final judgment shall not affect such proceeding or judgment. Landlord may advance such monies and take such other actions for Tenant’s account as reasonably may be required to cure or mitigate any default by Tenant. Tenant shall immediately reimburse Landlord for any such advance, and such sums shall bear interest at the Interest Rate default interest rate until paid.

Appears in 1 contract

Samples: Sublease (Vitria Technology Inc)

Landlord's Remedies Cumulative. All of Landlord’s 's remedies under ------------------------------ this Lease shall be in addition to all other remedies Landlord may have at law or in equity, including, including without limitation, the remedy described in California Civil Code Section 1951.4 (pursuant to which i.e., Landlord may continue this the Lease in effect after Tenant’s 's breach and abandonment and recover as rent as it becomes due if Tenant has the right to sublet or assign the Lease, subject to reasonable limitations). Waiver by Landlord of any breach of any obligation by Tenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. The possession of Tenant’s funds, negotiation of Tenant’s negotiable instruments, or Landlord's acceptance of Tenant’s payment by Landlord or its agents Tenant shall not constitute a waiver of any breach by Tenant, and if such possession, negotiation or the acceptance occurs after Landlord’s 's notice to Tenant, or termination of this the Lease or of Tenant’s 's right to possession, such possession, negotiation or the acceptance shall not affect such notice or termination. Acceptance of payment by Landlord after commencement of a legal proceeding or final judgment shall not affect such proceeding or judgment. Landlord may advance such monies and take such other actions for Tenant’s 's account as reasonably may be required to cure or mitigate any default by Tenant. Tenant shall immediately reimburse Landlord for any such advance, and such sums shall bear interest at the Interest Rate default interest rate until paid.

Appears in 1 contract

Samples: Lease (Numerical Technologies Inc)

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Landlord's Remedies Cumulative. All of Landlord’s 's ------------------------------ remedies under this Lease shall be in addition to all other remedies Landlord may have at law or in equity, including, equity including without limitation, the remedy described in California Civil Code Section 1951.4 (pursuant to which i.e., Landlord may continue this the Lease in effect after Tenant’s 's breach and abandonment and recover as rent as it becomes due if Tenant has the right to sublet or assign the Lease, subject to reasonable limitations). Waiver by Landlord of any breach of any obligation by Tenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. The possession of Tenant’s funds, negotiation of Tenant’s negotiable instruments, or Landlord's acceptance of Tenant’s payment by Landlord or its agents Tenant shall not constitute a waiver of any breach by Tenant, and if such possession, negotiation or the acceptance occurs after Landlord’s 's notice to Tenant, or termination of this the Lease or of Tenant’s 's right to possession, such possession, negotiation or the acceptance shall not affect such notice or termination. Acceptance of payment by Landlord after commencement of a legal proceeding or final judgment shall not affect such proceeding or judgment. Landlord may advance such monies and take such other actions for Tenant’s 's account as reasonably may be required to cure or mitigate any default by Tenant. Tenant shall immediately reimburse Landlord for any such advance, and such sums shall bear interest at the Interest Rate default interest rate until paid.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Navisite Inc)

Landlord's Remedies Cumulative. All of Landlord’s 's remedies under ------------------------------- this Lease shall be in addition to all other remedies Landlord may have at law or in equity, including, without limitation, the remedy described in California Civil Code Section 1951.4 (pursuant to which Landlord may continue this Lease in effect after Tenant’s 's breach and abandonment and recover rent as it becomes due if Tenant has the right to sublet or assign the Lease, subject to reasonable limitations). Waiver by Landlord of any breach of any obligation by Tenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. The possession of Tenant’s 's funds, negotiation of Tenant’s 's negotiable instruments, or acceptance of Tenant’s 's payment by Landlord or its agents shall not constitute a waiver of any breach by Tenant, and if such possession, negotiation or acceptance occurs after Landlord’s 's notice to Tenant, or termination of this Lease or of Tenant’s 's right to possession, such possession, negotiation or acceptance shall not affect such notice or termination. Acceptance of payment by Landlord after commencement of a legal proceeding or final judgment shall not affect such proceeding or judgment. Landlord may advance such monies and take such other actions for Tenant’s 's account as reasonably may be required to cure or mitigate any default by Tenant. Tenant shall immediately reimburse Landlord for any such advance, and such sums shall bear interest at the Interest Rate until paid.

Appears in 1 contract

Samples: Confirmation Agreement (Ydi Wireless Inc)

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