Common use of No Waiver; No Implied Surrender Clause in Contracts

No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s consent to any act by Tenant requiring Landlord’s consent shall not be deemed to render unnecessary the obtaining of Landlord’s consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s execution of a document acknowledging such surrender) or Landlord’s agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 7 contracts

Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Skullcandy, Inc.)

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No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 4 contracts

Samples: Lease Agreement (Alliance Data Systems Corp), Lease Agreement (Humitech International Group Inc), Lease Agreement (Petes Brewing Co)

No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the provision, and any such waiver shall be in writing. Thus, neither the acceptance of Monthly Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with without the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses recourse of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of the same or any obligation of Tenant hereunder other provision hereof shall be deemed to be constitute a waiver of any other provision hereof, or of any subsequent breach by Tenant of the same or any other provision hereofbreach. Landlord’s consent to any act by Tenant requiring Landlord’s consent shall not be deemed to render unnecessary the obtaining of Landlord’s consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s execution of a document acknowledging such surrender) or Landlord’s agents, including the delivery of the keys to the any Premises, shall constitute an acceptance of a surrender of the such Premises.

Appears in 4 contracts

Samples: Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc)

No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord or Tenant of such Event of Default or any other another Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses recourse of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision provisions hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Qualtrics International Inc.), Lease Agreement (Qualtrics International Inc.)

No Waiver; No Implied Surrender. Provisions of this Lease may only not be waived orally or impliedly, but only by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Leased Premises, shall constitute an acceptance of a surrender of the Leased Premises.

Appears in 2 contracts

Samples: Lease Agreement (Harvest States Cooperatives), Lease Agreement (Harvest States Cooperatives)

No Waiver; No Implied Surrender. Provisions of this Lease may only not be waived orally or impliedly, but only by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord a party to complain of any action or inaction by Tenantthe other party, or to assert that any action or inaction by Tenant the other party constitutes (or would constitute, with the giving of notice and or the passage of timetime or both) an Event of DefaultDefault or a default by Landlord, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and or recourses of Landlord or Tenant with respect to such action or inaction. No waiver by Landlord a party of any provision of this Lease or of any breach by Tenant the other party of any obligation of Tenant the other party hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant the other party of the same or any other provision hereof. Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s execution of a document acknowledging such surrender) or Landlord’s agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Independent Research Agency for Life Insurance Inc)

No Waiver; No Implied Surrender. Provisions of this Lease may only not be waived orally or impliedly, but only by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default Default, (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Leased Premises, shall constitute an acceptance of a surrender of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Harvest States Cooperatives)

No Waiver; No Implied Surrender. Provisions of this Lease lease may only not be waived orally or impliedly, but only by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent rent by Landlord Lessor following an Event event of Default default (whether known to Landlord Lessor or not), nor any other custom or practice followed in connection with this Leaselease, shall constitute a waiver by Landlord Lessor of such Event event of Default default or any other Event event of Defaultdefault. Further, the failure by Landlord Lessor to complain of any action or inaction by TenantLessee, or to assert that any action or inaction by Tenant Lessee constitutes (or would constitute, with the giving of notice and the passage of time) an Event event of Defaultdefault, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord Lessor with respect to such action or inaction. No waiver by Landlord Lessor of any provision of this Lease lease or of any breach by Tenant Lessee of any obligation of Tenant Lessee hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant Lessee of the same or any other provision hereof. Landlord’s Lessor's consent to any act by Tenant Lessee requiring Landlord’s Lessor's consent shall not be deemed to render unnecessary the obtaining of Landlord’s Lessor's consent to any subsequent act of TenantLessee. No act or omission by Landlord Lessor (other than Landlord’s Lessor's execution of a document acknowledging such surrender) or Landlord’s Lessor's agents, including the delivery of the keys to the Premisesleased premises, shall constitute an acceptance of a surrender of the Premisesleased premises.

Appears in 1 contract

Samples: Boat Stall Lease Agreement

No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other another Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses recourse of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision provisions hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Category 5 Technologies Inc)

No Waiver; No Implied Surrender. Provisions of this Lease may ------------------------------- only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Sonic Innovations Inc)

No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any an other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses and. recourse of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision provisions hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. hereof Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining obtainin1c, of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Ziasun Technologies Inc)

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No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom custom, or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any an other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses recourse of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision provisions hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s consent to any act by Tenant requiring Landlord’s consent shall not be deemed to render unnecessary the obtaining of Landlord’s consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s execution of a document acknowledging such surrender) or Landlord’s agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Raser Technologies Inc)

No Waiver; No Implied Surrender. Provisions The provisions of this Lease may only not be waived orally or impliedly, but only by the party Party entitled to the benefit of the provision evidencing the and only by an express waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute constitutes a waiver by Landlord of such Event of Default or any other Event of Default. Further, the any failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and and/or the passage of time) an Event of Default, regardless of how long such failure continues, shall does not extinguish, waive waive, or in any way diminish the rights, remedies remedies, and recourses of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision hereofof this Lease, or of any subsequent other breach by Tenant of the same or any other provision hereofof this Lease. Landlord’s Any consent by Landlord to any act by Tenant requiring Landlord’s consent shall not be deemed to render unnecessary the obtaining of Landlord’s consent to any subsequent other act of Tenant. No act or omission by Landlord (other than Landlord’s execution of a document acknowledging such surrender) or Landlord’s agents, including the delivery of the keys to the Leased Premises, shall constitute an acceptance of a surrender of the Leased Premises.

Appears in 1 contract

Samples: Hospital Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any other Event of Default. Further, the failure by Landlord to complain of any action or inaction by TenantTenaxx, or xx to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. Landlord’s consent Landxxxx'x xonsent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord Landxxxx (other xxher than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (TRX Inc/Ga)

No Waiver; No Implied Surrender. Provisions of this Facilities Lease may only not be waived orally or impliedly, but only by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, subject to Lessee’s right to cure as otherwise provided in this Facilities Lease neither the acceptance of Rent by Landlord Lessor following an Event of Default (whether known to Landlord Lessor or not), nor any other custom or practice followed in connection with this Facilities Lease, shall constitute a waiver by Landlord Lessor of such Event of Default or any other Event of Default. Further, the failure by Landlord Lessor to complain of any action or inaction by TenantLessee, or to assert that any action or inaction by Tenant Lessee constitutes (or would constitute, with the giving of notice and and/or the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord Lessor with respect to such action or inaction. No waiver by Landlord Lessor of any provision of this Facilities Lease or of any breach by Tenant Lessee of any obligation of Tenant Lessee hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant Lessee of the same or any other provision hereofthis Facilities Lease. LandlordLessor’s consent to any act by Tenant Lessee requiring LandlordLessor’s consent shall not be deemed to render unnecessary the obtaining of LandlordLessor’s consent to any subsequent act of TenantLessee. No act or omission by Landlord Lessor (other than LandlordLessor’s execution of a document acknowledging such surrender) or LandlordLessor’s agents, including the delivery of the keys to the PremisesTax-Exempt Facilities, shall constitute an acceptance of a surrender of the PremisesTax-Exempt Facilities.

Appears in 1 contract

Samples: Lease and Development Agreement (Fortress Transportation & Infrastructure Investors LLC)

No Waiver; No Implied Surrender. Provisions of this Lease may only be waived by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent by Landlord following an Event of Default (whether known to Landlord or not), nor any other custom or practice followed in connection with this Lease, shall constitute a waiver by Landlord of such Event of Default or any an other Event of Default. Further, the failure by Landlord to complain of any action or inaction by Tenant, or to assert that any action or inaction by Tenant constitutes (or would constitute, with the giving of notice and the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses recourse of Landlord with respect to such action or inaction. No waiver by Landlord of any provision of this Lease or of any breach by Tenant of any obligation of Tenant hereunder shall be deemed to be a waiver of any other provision provisions hereof, or of any subsequent breach by Tenant of the same or any other provision hereof. ; Landlord’s 's consent to any act by Tenant requiring Landlord’s 's consent shall not be deemed to render unnecessary the obtaining of Landlord’s 's consent to any subsequent act of Tenant. No act or omission by Landlord (other than Landlord’s 's execution of a document acknowledging such surrender) or Landlord’s 's agents, including the delivery of the keys to the Premises, shall constitute an acceptance of a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Caldera Systems Inc)

No Waiver; No Implied Surrender. Provisions of this Facilities Lease may only not be waived orally or impliedly, but only by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, subject to the Lessee’s right to cure as otherwise provided in this Facilities Lease neither the acceptance of Rent rental by Landlord Lessor following an Event of Default (whether known to Landlord Lessor or not), nor any other custom or practice followed in connection with this Facilities Lease, shall constitute a waiver by Landlord Lessor of such Event of Default or any other Event of Default. Further, the failure by Landlord Lessor to complain of any action or inaction by TenantLessee, or to assert that any action or inaction by Tenant Lessee constitutes (or would constitute, with the giving of notice and and/or the passage of time) an Event of Default, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord Lessor with respect to such action or inaction. No waiver by Landlord Lessor of any provision of this Facilities Lease or of any breach by Tenant Lessee of any obligation of Tenant Lessee hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant Lessee of the same or any other provision hereofthis Facilities Lease. LandlordLessor’s consent to any act by Tenant Lessee requiring LandlordLessor’s consent shall not be deemed to render unnecessary the obtaining of LandlordLessor’s consent to any subsequent act of TenantLessee. No act or omission by Landlord Lessor (other than LandlordLessor’s execution of a document acknowledging such surrender) or LandlordLessor’s agents, including the delivery of the keys to the PremisesBond Financed Property, shall constitute an acceptance of a surrender of the PremisesBond Financed Property.

Appears in 1 contract

Samples: Lease and Development Agreement (Fortress Transportation & Infrastructure Investors LLC)

No Waiver; No Implied Surrender. Provisions of this Lease lease may only not be waived orally or impliedly, but only by the party entitled to the benefit of the provision evidencing the waiver in writing. Thus, neither the acceptance of Rent rent by Landlord Lessor following an Event event of Default default (whether known to Landlord Lessor or not), nor any other custom or practice followed in connection with this Leaselease, shall constitute a waiver by Landlord Lessor of such Event event of Default default or any other Event event of Defaultdefault. Further, the failure by Landlord Lessor to complain of any action or inaction by TenantLessee, or to assert that any action or inaction by Tenant Lessee constitutes (or would constitute, with the giving of notice and the passage of time) an Event event of Defaultdefault, regardless of how long such failure continues, shall not extinguish, waive or in any way diminish the rights, remedies and recourses of Landlord Lessor with respect to such action or inaction. No waiver by Landlord Lessor of any provision of this Lease lease or of any breach by Tenant Xxxxxx of any obligation of Tenant Lessee hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Tenant Xxxxxx of the same or any other provision hereof. Landlord’s Xxxxxx's consent to any act by Tenant Lessee requiring Landlord’s Xxxxxx's consent shall not be deemed to render unnecessary the obtaining of Landlord’s Xxxxxx's consent to any subsequent act of TenantLessee. No act or omission by Landlord Xxxxxx (other than Landlord’s Xxxxxx's execution of a document acknowledging such surrender) or Landlord’s Xxxxxx's agents, including the delivery of the keys to the Premisesleased premises, shall constitute an acceptance of a surrender of the Premisesleased premises.

Appears in 1 contract

Samples: Boat Stall Lease Agreement

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