Common use of No implied waivers, remedies cumulative Clause in Contracts

No implied waivers, remedies cumulative. No covenant or agreement of this Lease shall be deemed to have been waived by Lessor or Lessee, unless such waiver shall be in writing and signed by the Party against whom it is to be enforced or such Party’s agent. Consent or approval of Lessor or Lessee to any act or matter must be in writing and shall apply only with respect to the particular act or matter in which such consent or approval is given and shall not relieve the other Party from the obligation wherever required under this Lease to obtain consent or approval for any other act or matter. Lessor or Lessee may restrain any breach or threatened breach of any covenant or agreement herein contained, but the mention herein of any particular remedy shall not preclude either Lessor or Lessee from any other remedy it might have, either in law or in equity. The failure of Lessor or Lessee to insist upon the strict performance of any one of the covenants or agreements of this Lease or to exercise any right, remedy or election herein contained or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such covenant or agreement, right, remedy or election, but the same shall continue and remain in full force and effect. Any right or remedy of Lessor or Lessee herein specified or any other right or remedy that Lessor or Lessee may have at law, in equity or otherwise upon breach of any covenant or agreement herein contained shall be a distinct, separate and cumulative right or remedy and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other.

Appears in 4 contracts

Samples: Site Lease Agreement – Rooftops, Site Lease Agreement, Site Lease Agreement

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No implied waivers, remedies cumulative. No covenant or agreement of this Lease shall be deemed to have been waived by Lessor or Lessee, Landlord unless such waiver shall be in writing and writing, signed by the Party against whom it is to be enforced Landlord or such Party’s agentLandlord's agent duly authorized in writing. Consent or approval of Lessor or Lessee Landlord to any act or matter must be in writing (except for “deemed” consents in accordance with Section 19.1) and shall apply only with respect to the particular act or matter in which such consent or approval is given and shall not relieve the other Party Tenant from the obligation wherever required under this Lease to obtain the consent or approval for of Landlord to any other act or matter. Lessor or Lessee Landlord may restrain any breach or threatened breach of any covenant or agreement herein contained, but the mention herein of any particular remedy shall not preclude either Lessor or Lessee the Landlord from any other remedy it might have, either in law or in equity. The failure of Lessor or Lessee Landlord to insist upon the strict performance of any one of the covenants or agreements of this Lease or to exercise any right, remedy or election herein contained or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such covenant or agreement, right, remedy or election, but the same shall continue and remain in full force and effect. Any right or remedy of Lessor or Lessee Landlord herein specified or any other right or remedy that Lessor or Lessee Landlord may have at law, in equity or otherwise upon breach of any covenant or agreement herein contained upon the part of Tenant to be performed shall be a distinct, separate and cumulative right rights or remedy remedies and no one of them, whether exercised exercise by Landlord or not, shall be deemed to be in exclusion of any other.

Appears in 3 contracts

Samples: Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.)

No implied waivers, remedies cumulative. No covenant or agreement of under this Lease Agreement shall be deemed to have been waived by Lessor Seller or LesseeBuyer, unless such waiver shall be in writing and signed by the Party against whom it is to be enforced or such Party’s agentenforced. Consent or approval of Lessor Seller or Lessee Buyer to any act or matter must be in writing and writing, shall apply only with respect to the particular act or matter in which such consent or approval is given given, and shall not relieve the other Party from the obligation wherever required under this Lease Agreement to obtain consent or approval for any other act or matter. Lessor or Lessee may restrain any breach or threatened breach of any covenant or agreement herein contained, but the mention herein of any particular remedy shall not preclude either Lessor or Lessee from any other remedy it might have, either in law or in equity. The failure of Lessor Seller or Lessee Buyer to insist upon the strict performance of any one of the covenants or agreements of this Lease Agreement or to exercise any right, remedy or election herein contained or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such covenant or agreement, right, remedy or election, but the same shall continue and remain in full force and effect. Any right or remedy of Lessor Seller or Lessee Buyer herein specified or any other right or remedy that Lessor Seller or Lessee Buyer may have at law, in equity or otherwise upon breach of any covenant or agreement herein contained shall be a distinct, separate and cumulative right or remedy and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other.

Appears in 2 contracts

Samples: Utility Credit Purchase Agreement, Utility Credit Purchase Agreement

No implied waivers, remedies cumulative. No covenant or agreement of under this Lease Agreement shall be deemed to have been waived by Lessor Seller or LesseeBuyer, unless such waiver shall be in writing and signed by the Party against whom it is to be enforced or such Party’s agent. Consent or approval of Lessor Seller or Lessee Buyer to any act or matter must be in writing and shall apply only with respect to the particular act or matter in which such consent or approval is given and shall not relieve the other Party from the obligation wherever required under this Lease Agreement to obtain consent or approval for any other act or matter. Lessor Seller or Lessee Buyer may restrain any breach or threatened breach of any covenant or agreement herein contained, but the mention herein of any particular remedy (other than as set forth in Section 4.5(b), 8.4(b)(iii), 8.4(c)(ii), 9.4 and 9.5 of this Agreement) shall not preclude either Lessor Seller or Lessee Buyer from any other remedy it might have, either in law or in equity. The failure of Lessor Seller or Lessee Buyer to insist upon the strict performance of any one of the covenants or agreements of this Lease Agreement or to exercise any right, remedy or election herein contained or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such covenant or agreement, right, remedy or election, but the same shall continue and remain in full force and effect. Any Except as set forth in this Agreement, any right or remedy of Lessor Seller or Lessee Buyer herein specified or any other right or remedy that Lessor Seller or Lessee Buyer may have at law, in equity or otherwise upon breach of any covenant or agreement herein contained shall be a distinct, separate and cumulative right or remedy and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other.

Appears in 2 contracts

Samples: Net Metering Power Purchase Agreement, Power Purchase Agreement

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No implied waivers, remedies cumulative. No covenant or agreement of this Lease Easement shall be deemed to have been waived by Lessor Grantor or LesseeGrantee, unless such waiver shall be in writing and signed by the Party against whom it is to be enforced or such Party’s agent. Consent or approval of Lessor Grantor or Lessee Grantee to any act or matter must be in writing and shall apply only with respect to the particular act or matter in which such consent or approval is given and shall not relieve the other Party from the obligation wherever required under the Lease or this Lease Easement to obtain consent or approval for any other act or matter. Lessor Grantor or Lessee Grantee may restrain any breach or threatened breach of any covenant or agreement herein contained, but the mention herein of any particular remedy shall not preclude either Lessor Grantor or Lessee Grantee from any other remedy it might have, either in law or in equity. The failure of Lessor Grantor or Lessee Grantee to insist upon the strict performance of any one of the covenants or agreements of this Lease Easement or to exercise any right, remedy or election herein contained or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such covenant or agreement, right, remedy or election, but the same shall continue and remain in full force and effect. Any right or remedy of Lessor Grantor or Lessee Grantee herein specified or any other right or remedy that Lessor Grantor or Lessee Grantee may have at law, in equity or otherwise upon breach of any covenant or agreement herein contained shall be a distinct, separate and cumulative right or remedy and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other.

Appears in 1 contract

Samples: Nonexclusive Access Easement Agreement

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