Common use of No Waiver of Remedies Clause in Contracts

No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 7 contracts

Samples: Office Lease (Mannkind Corp), Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)

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No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 5 contracts

Samples: Gross Lease (Clicksoftware Technologies LTD), Lease (Integrated Information Systems Inc), Lease (Netlibrary Inc)

No Waiver of Remedies. The waiver by Landlord a party of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord the waiving party to insist on the strict performance by Tenant the other of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord a party from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord a party of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord a party must be in writing and signed by Landlord waiving party to be effective.

Appears in 2 contracts

Samples: Work Agreement (Opower, Inc.), Work Agreement (Opower, Inc.)

No Waiver of Remedies. The waiver Lender may resort to any remedies and the security given by Landlord of the Note, this Security Instrument or the Loan Documents in whole or in part, and in such portions and in such order as determined by Xxxxxx’s sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach of such covenant rights, benefits or condition nor shall any custom remedies evidenced or practice which may develop between provided by the parties in the administration of Note, this Lease be construed to waive Security Instrument or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentLender to exercise any right, Additional Rent remedy or option provided in the Note, this Security Instrument or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Note, this Security Instrument or the other Loan Documents. The failure No acceptance by Xxxxxx of Landlord any payment after the occurrence of any Event of Default and no payment by Lender of any obligation for which Borrower is liable hereunder shall be deemed to enforce waive or cure any Event of Default with respect to Borrower, or Borrower’s liability to pay such obligation, unless simultaneously with such acceptance or payment by Xxxxxx, Lender waives in writing the Event of Default cured thereby. No sale of all or any portion of the rules Property, no forbearance on the part of Lender, and regulations attached to this Lease no extension of time for the payment of the whole or later adopted, against Tenant any portion of the Debt or any other tenant indulgence given by Lender to Borrower, shall operate to release or in any manner affect the interest of Lender in the Building, shall not be deemed a waiverremaining Property or the liability of Borrower to pay the Debt. Any No waiver by Landlord must Xxxxxx shall be effective unless it is in writing and signed then only to the extent specifically stated. All reasonable out-of-pocket costs and expenses of Lender in exercising its rights and remedies under this Article (including reasonable attorneys’ fees and disbursements to the extent permitted by Landlord to law), shall be effectivepaid by Borrower within five (5) business days after notice from Lender, and such costs and expenses shall constitute a portion of the Debt and shall be secured by this Security Instrument.

Appears in 2 contracts

Samples: Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Trust and Security Agreement (Inland American Real Estate Trust, Inc.)

No Waiver of Remedies. The waiver Lender may resort to any remedies and the security given by Landlord of the Note, this Security Instrument or the Loan Documents in whole or in part, and in such portions and in such order as determined by Lender’s sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach of such covenant rights, benefits or condition nor shall any custom remedies evidenced or practice which may develop between provided by the parties in the administration of Note, this Lease be construed to waive Security Instrument or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentLender to exercise any right, Additional Rent remedy or option provided in the Note, this Security Instrument or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Note, this Security Instrument or the other Loan Documents. The failure No acceptance by Lender of Landlord any payment after the occurrence of any Event of Default and no payment by Lender of any obligation for which Borrower is liable hereunder shall be deemed to enforce waive or cure any Event of Default with respect to Borrower, or Borrower’s liability to pay such obligation, unless simultaneously with such acceptance or payment by Lender, Lender waives in writing the Event of Default cured thereby. No sale of all or any portion of the rules Property, no forbearance on the part of Lender, and regulations attached to this Lease no extension of time for the payment of the whole or later adopted, against Tenant any portion of the Debt or any other tenant indulgence given by Lender to Borrower, shall operate to release or in any manner affect the interest of Lender in the Building, shall not be deemed a waiverremaining Property or the liability of Borrower to pay the Debt. Any No waiver by Landlord must Lender shall be effective unless it is in writing and signed then only to the extent specifically stated. All reasonable out-of-pocket costs and expenses of Lender in exercising its rights and remedies under this Article (including reasonable attorneys’ fees and disbursements to the extent permitted by Landlord to law), shall be effectivepaid by Borrower within five (5) business days after notice from Lender, and such costs and expenses shall constitute a portion of the Debt and shall be secured by this Security Instrument.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)

No Waiver of Remedies. The waiver Agent may resort to any remedies and the security given by Landlord of the Guaranty, this Instrument or the other Loan Documents in whole or in part, and in such portions and in such order as determined by Agent’s sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach of such covenant rights, benefits or condition nor shall any custom remedies evidenced or practice which may develop between provided by the parties in the administration of Guaranty, this Lease be construed to waive Instrument or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentAgent to exercise any right, Additional Rent remedy or option provided in the Guaranty, this Instrument or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Guaranty, this Instrument or the other Loan Documents. No acceptance by Agent of any payment after the occurrence of any Event of Default and no payment by Agent of any obligation for which Mortgagor is liable hereunder shall be deemed to waive or cure any Event of Default with respect to Mortgagor’s liability to pay such obligation. No sale of all or any portion of the Property, no forbearance on the part of Agent, and no extension of time for the payment of the whole or any portion of the Secured Obligations or any other indulgence given by Agent to Mortgagor, shall operate to release or in any manner affect the interest of Agent, any Lender or any holder of the Hedge Obligations in the remaining Property or the liability of Mortgagor to pay the Secured Obligations or the liability of Mortgagor under the Guaranty. No waiver by Agent shall be effective unless it is in writing and then only to the extent specifically stated. All costs and expenses of Agent and Lenders in exercising their rights and remedies under this Instrument (including reasonable attorneys’ fees and disbursements to the extent permitted by law), shall be paid by Mortgagor immediately upon notice from Agent, and such costs and expenses shall constitute a portion of the Secured Obligations and shall be secured by this Instrument. The failure interests and rights of Landlord to enforce Agent, any Lender or any holder of the Hedge Obligations under the Guaranty, this Instrument or in any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, Loan Documents shall not be deemed a waiver. Any waiver impaired by Landlord must be in writing and signed by Landlord any indulgence, including (i) any renewal, extension or modification which Agent or any Lender may grant with respect to be effectiveany of the Secured Obligations, (ii) any surrender, compromise, release, renewal, extension, exchange or substitution which Agent, any Lender or any holder of the Hedge Obligations may grant with respect to the Property or any portion thereof; or (iii) any release or indulgence granted to any maker, endorser, guarantor or surety of any of the Secured Obligations.

Appears in 2 contracts

Samples: Carter Validus Mission Critical REIT, Inc., Carter Validus Mission Critical REIT, Inc.

No Waiver of Remedies. The waiver Agent may resort to any remedies and the security given by Landlord of the Guaranty, this Instrument or the other Loan Documents in whole or in part, and in such portions and in such order as determined by Agent’s sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach of such covenant rights, benefits or condition nor shall any custom remedies evidenced or practice which may develop between provided by the parties in the administration of Guaranty, this Lease be construed to waive Instrument or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentAgent to exercise any right, Additional Rent remedy or option provided in the Guaranty, this Instrument or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Guaranty, this Instrument or the other Loan Documents. No acceptance by Agent of any payment after the occurrence of any Event of Default and no payment by Agent of any obligation for which Grantor is liable hereunder shall be deemed to waive or cure any Event of Default with respect to Grantor’s liability to pay such obligation. No sale of all or any portion of the Property, no forbearance on the part of Agent, and no extension of time for the payment of the whole or any portion of the Secured Obligations or any other indulgence given by Agent to Grantor, shall operate to release or in any manner affect the interest of Agent or any Lender in the remaining Property or the liability of Grantor to pay the Secured Obligations or the liability of Grantor under the Guaranty. No waiver by Agent shall be effective unless it is in writing and then only to the extent specifically stated. All costs and expenses of Agent and Lenders in exercising their rights and remedies under this Instrument (including reasonable attorneys’ fees and disbursements to the extent permitted by law), shall be paid by Grantor immediately upon notice from Agent, and such costs and expenses shall constitute a portion of the Secured Obligations and shall be secured by this Instrument. The failure interests and rights of Landlord to enforce Agent or any Lender under the Guaranty, this Instrument or in any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, Loan Documents shall not be deemed a waiver. Any waiver impaired by Landlord must be in writing and signed by Landlord any indulgence, including (i) any renewal, extension or modification which Agent or any Lender may grant with respect to be effectiveany of the Secured Obligations, (ii) any surrender, compromise, release, renewal, extension, exchange or substitution which Agent or any Lender may grant with respect to the Property or any portion thereof; or (iii) any release or indulgence granted to any maker, endorser, guarantor or surety of any of the Secured Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Behringer Harvard Reit I Inc), Credit Agreement (Behringer Harvard Reit I Inc)

No Waiver of Remedies. The waiver Lender may resort to any remedies and the security given by Landlord of the Note, this Security Instrument or the Other Security Documents in whole or in part, and in such portions and in such order as determined by Lender in its sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach of such covenant rights, benefits or condition nor shall any custom remedies evidenced or practice which may develop between provided by the parties in the administration of Note, this Lease be construed to waive Security Instrument or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationOther Security Documents. The receipt by Landlord failure of Base RentLender to exercise any right, Additional Rent remedy or option provided in the Note, this Security Instrument or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease the Other Security Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Note, this Security Instrument or the Other Security Documents. No acceptance by Lender of any payment after the occurrence of any Event of Default and no payment by Lender of any obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default with respect to Borrower, or Borrower's liability to pay such obligation, unless simultaneously with such acceptance or payment by Lender, Lender waives in writing the Event of Default cured thereby. No sale of all or any portion of the Property, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Debt or any other indulgence given by Lender to Borrower, shall operate to release or in any manner affect the interest of Lender in the remaining Property or the liability of Borrower to pay the Debt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated. All reasonable out-of-pocket costs and expenses of Lender in exercising its rights and remedies under this Article (including reasonable attorneys' fees and disbursements to the extent permitted by law), shall be paid by Borrower within five (5) days after notice from Lender, and such costs and expenses shall constitute a portion of the Debt and shall be secured by this Security Instrument. The failure interests and rights of Landlord to enforce Lender under the Note, this Security Instrument or in any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, Other Security Documents shall not be deemed a waiver. Any waiver impaired by Landlord must be in writing and signed by Landlord any indulgence, including (i) any renewal, extension or modification which Lender may grant with respect to be effectiveany of the Debt, (ii) any surrender, compromise, release, renewal, extension, exchange or substitution which Lender may grant with respect to the Property or any portion thereof; or (iii) any release or indulgence granted to any maker, endorser, guarantor or surety of any of the Debt.

Appears in 2 contracts

Samples: Trust and Security Agreement (Corporate Property Associates 15 Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc)

No Waiver of Remedies. The waiver Lender may resort to any remedies and the security given by Landlord of the Note, the Loan Agreement, this Security Instrument or the other Loan Documents in whole or in part, and in such portions and in such order as determined by Lender's sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach of such covenant rights, benefits or condition nor shall any custom remedies evidenced or practice which may develop between provided by the parties in Note, the administration of Loan Agreement, this Lease be construed to waive Security Instrument or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentLender to exercise any right, Additional Rent remedy or option provided in the Note, the Loan Agreement, this Security Instrument or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Note, the Loan Agreement, this Security Instrument or the other Loan Documents. The failure No acceptance by Lender of Landlord any payment after the occurrence of any Event of Default and no payment by Lender of any obligation for which Borrower is liable hereunder shall be deemed to enforce waive or cure any Event of Default with respect to Borrower, or Borrower's liability to pay such obligation. No sale of all or any portion of the rules Property, no forbearance on the part of Lender, and regulations attached to this Lease no extension of time for the payment of the whole or later adopted, against Tenant any portion of the Debt or any other tenant indulgence given by Lender to Borrower, shall operate to release or in any manner affect the interest of Lender in the Building, shall not be deemed a waiverremaining Property or the liability of Borrower to pay the Debt. Any No waiver by Landlord must Lender shall be effective unless it is in writing and signed then only to the extent specifically stated. All costs and expenses of Lender in exercising its rights and remedies under this Security Instrument (including reasonable attorneys' fees and disbursements to the extent permitted by Landlord to law), shall be effectivepaid by Borrower immediately upon notice from Lender, and such costs and expenses shall constitute a portion of the Debt and shall be secured by this Security Instrument.

Appears in 1 contract

Samples: Rents and Security Agreement (Behringer Harvard Reit I Inc)

No Waiver of Remedies. The waiver Lender may resort to any remedies and the security given by Landlord the Note, this Deed of Trust or the Loan Documents in whole or in part, and in such portions and in such order as determined by Lender's sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach rights, benefits or remedies evidenced or provided by the Note, this Deed of such covenant Trust or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentLender to exercise any right, Additional Rent remedy or option provided in the Note, this Deed of Trust or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Note, this Deed of Trust or the other Loan Documents. The failure No acceptance by Lender of Landlord any payment after the occurrence of any Event of Default and no payment by Lender of any obligation for which Borrower is liable hereunder shall be deemed to enforce waive or cure any Event of Default with respect to Borrower, or Borrower's liability to pay such obligation, unless simultaneously with such acceptance or payment by Lender, Lender waives in writing the Event of Default cured thereby. No sale of all or any portion of the rules Property, no forbearance on the part of Lender, and regulations attached to this Lease no extension of time for the payment of the whole or later adopted, against Tenant any portion of the Debt or any other tenant indulgence given by Lender to Borrower, shall operate to release or in any manner affect the interest of Lender in the Building, shall not be deemed a waiverremaining Property or the liability of Borrower to pay the Debt. Any No waiver by Landlord must Lender shall be effective unless it is in writing and signed then only to the extent specifically stated. All reasonable out-of-pocket costs and expenses of Lender in exercising its rights and remedies under this Article (including reasonable attorneys' fees and disbursements to the extent permitted by Landlord to law), shall be effectivepaid by Borrower within five (5) business days after notice from Lender, and such costs and expenses shall constitute a portion of the Debt and shall be secured by this Deed of Trust.

Appears in 1 contract

Samples: Trust and Security Agreement (Behringer Harvard Reit I Inc)

No Waiver of Remedies. The waiver by Landlord either party of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord either party to insist on the strict performance by Tenant the other party of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord either party must be in writing and signed by Landlord such party to be effective.

Appears in 1 contract

Samples: Office Lease (Gp Strategies Corp)

No Waiver of Remedies. The waiver by Landlord either party of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord either party to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord either party from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breachbreach except for any breach relating to the late payment of such sum. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Office Lease (Rosetta Inpharmatics Inc)

No Waiver of Remedies. The Unless otherwise stated in this Lease, the waiver by Landlord or Tenant of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen Lessen the rights of Landlord or Tenant, as the case may be, to insist on the strict performance by Tenant the other of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord or payment by Tenant of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any To be effective, any waiver by Landlord or Tenant must be in writing and signed by Landlord to be effectivethe party against whom such waiver is claimed.

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

No Waiver of Remedies. The waiver by Landlord of any covenant or --------------------- condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Deed of Lease (Digex Inc/De)

No Waiver of Remedies. The waiver by Landlord of any covenant or ---------------------- condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Office Lease (Onepoint Communications Corp /De)

No Waiver of Remedies. The waiver by Landlord County of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord County to insist on the strict performance by Tenant Lessee of all of the covenants and conditions of this Lease. No act or thing done by Landlord County or LandlordCounty’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises Premise shall be valid unless made in writing and signed by LandlordCounty. The mention in this Lease of any particular remedy shall not preclude Landlord County from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord County of Base Rent, Additional Rent Fees or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord County to enforce any of the rules and regulations attached conditions to this Lease or later adopted, against Tenant or any other tenant in the Building, Lessee shall not be deemed a waiver. Any waiver by Landlord County must be in writing and signed by Landlord County to be effective.

Appears in 1 contract

Samples: Ground Lease Agreement

No Waiver of Remedies. The waiver by Landlord or Tenant of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord or Tenant to insist on the strict performance by Tenant or Landlord of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent Rent, Additional Tenant Improvement Rent, or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the BuildingCenter, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Lease (Integrated Measurement Systems Inc /Or/)

No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the BuildingProject, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.. 6.7

Appears in 1 contract

Samples: Letter and Construction Agreement (Childrens Place Retail Stores Inc)

No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the BuildingProject, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Sublease Agreement (MLC Holdings Inc)

No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationa violation under such modified rule or regulation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Deed of Lease (Amber Road, Inc.)

No Waiver of Remedies. The waiver by Landlord or Tenant of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord or Tenant, as applicable, to insist on the strict performance by Tenant the other party of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord or Tenant (except as otherwise provided for herein) from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord or Tenant must be in writing and signed by Landlord the waiving party to be effective. Payment by Tenant of any amount due and owing hereunder shall not constitute a waiver of any preceding breach by Landlord of any term, covenant or condition of this Lease.

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

No Waiver of Remedies. The waiver Subject to Article 11, Lender may resort to any remedies and the security given by Landlord the Note, the Loan Agreement, this Deed of Trust or the other Loan Documents in whole or in part, and in such portions and in such order as determined by Lender’s sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach rights, benefits or remedies evidenced or provided by the Note, the Loan Agreement, this Deed of such covenant Trust or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentLender to exercise any right, Additional Rent remedy or option provided in the Note, the Loan Agreement, this Deed of Trust or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Note, the Loan Agreement, this Deed of Trust or the other Loan Documents. The failure No payment by Lender of Landlord any obligation for which Borrower is liable hereunder shall be deemed to enforce waive or cure any Event of Default with respect to Borrower, or Borrower’s liability to pay such obligation. No sale of all or any portion of the rules Property, no forbearance on the part of Lender, and regulations attached to this Lease no extension of time for the payment of the whole or later adopted, against Tenant any portion of the Debt or any other tenant indulgence given by Lender to Borrower, shall operate to release or in any manner affect the interest of Lender in the Building, shall not be deemed a waiverremaining Property or the liability of Borrower to pay the Debt. Any No waiver by Landlord must Lender shall be effective unless it is in writing and signed then only to the extent specifically stated. All costs and expenses of Lender in exercising its rights and remedies under this Deed of Trust (including reasonable attorneys’ fees and disbursements to the extent permitted by Landlord to law), shall be effectivepaid by Borrower promptly upon written notice from Lender, and such costs and expenses shall constitute a portion of the Debt and shall be secured by this Deed of Trust.

Appears in 1 contract

Samples: And Security Agreement (TNP Strategic Retail Trust, Inc.)

No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord one party to insist on the strict performance by Tenant the other party of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord a party from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord and the payment by Tenant of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord either party must be in writing and signed by Landlord the waiving party to be effective.

Appears in 1 contract

Samples: Gross Lease (Lightbridge Inc)

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No Waiver of Remedies. The waiver by Landlord Lessor of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord Lessor to insist on the strict performance by Tenant Lessee of all of the covenants and conditions of this Lease. No act or thing done by Landlord Lessor or LandlordLessor’s Agents agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by LandlordXxxxxx. The mention in this Lease of any particular remedy shall not preclude Landlord Lessor from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord Lessor of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord Lessor to enforce any of the rules and regulations attached conditions to this Lease or later adopted, against Tenant or any other tenant in the Building, Lessee shall not be deemed a waiver. Any waiver by Landlord Lessor must be in writing and signed by Landlord Lessor to be effective.

Appears in 1 contract

Samples: Lease Agreement

No Waiver of Remedies. The waiver by Landlord or Tenant of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord or Tenant, as applicable, to insist on the strict performance by Tenant the other of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents any party hereto during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord or Tenant from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Lease (Mattersight Corp)

No Waiver of Remedies. The waiver by Landlord of any covenant or of condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, Premises and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Lease (MRV Communications Inc)

No Waiver of Remedies. The waiver by Landlord either party of any covenant or --------------------- condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord the parties to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the BuildingTenant, shall not be deemed a waiver. Any waiver by Landlord a party must be in writing and signed by Landlord such party to be effective.

Appears in 1 contract

Samples: Lease (Sonosite Inc)

No Waiver of Remedies. The waiver Beneficiary may resort to any remedies and the security given by Landlord of the Guaranty, this Instrument or the other Loan Documents in whole or in part, and in such portions and in such order as determined by Beneficiary’s sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach of such covenant rights, benefits or condition nor shall any custom remedies evidenced or practice which may develop between provided by the parties in the administration of Guaranty, this Lease be construed to waive Instrument or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentBeneficiary to exercise any right, Additional Rent remedy or option provided in the Guaranty, this Instrument or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Guaranty, this Instrument or the other Loan Documents. No acceptance by Beneficiary of any payment after the occurrence of any Event of Default and no payment by Beneficiary of any obligation for which Grantor is liable hereunder shall be deemed to waive or cure any Event of Default with respect to Grantor’s liability to pay such obligation. No sale of all or any portion of the Property, no forbearance on the part of Beneficiary, and no extension of time for the payment of the whole or any portion of the Secured Obligations or any other indulgence given by Beneficiary to Grantor, shall operate to release or in any manner affect the interest of Beneficiary, any Lender or any holder of the Hedge Obligations in the remaining Property or the liability of Grantor to pay the Secured Obligations or the liability of Grantor under the Guaranty. No waiver by Beneficiary shall be effective unless it is in writing and then only to the extent specifically stated. All costs and expenses of Beneficiary and Lenders in exercising their rights and remedies under this Instrument (including reasonable attorneys’ fees and disbursements to the extent permitted by law), shall be paid by Grantor immediately upon notice from Beneficiary, and such costs and expenses shall constitute a portion of the Secured Obligations and shall be secured by this Instrument. The failure interests and rights of Landlord to enforce Beneficiary, any Lender or any holder of the Hedge Obligations under the Guaranty, this Instrument or in any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, Loan Documents shall not be deemed a waiver. Any waiver impaired by Landlord must be in writing and signed by Landlord any indulgence, including (i) any renewal, extension or modification which Beneficiary or any Lender may grant with respect to be effectiveany of the Secured Obligations, (ii) any surrender, compromise, release, renewal, extension, exchange or substitution which Beneficiary, any Lender, or any holder of the Hedge Obligations may grant with respect to the Property or any portion thereof; or (iii) any release or indulgence granted to any maker, endorser, guarantor or surety of any of the Secured Obligations.

Appears in 1 contract

Samples: Financing Statement (Carter Validus Mission Critical REIT, Inc.)

No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.. 6.7

Appears in 1 contract

Samples: Agave Corporate Center (Dynamic Biometric Systems, Inc.)

No Waiver of Remedies. The waiver by Landlord or Tenant of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord or Tenant to insist on the strict performance by Tenant the other party of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the BuildingProject, shall not be deemed a waiver. Any waiver by Landlord or Tenant, as the case may be, must be in writing and signed by Landlord or Tenant, as the case may be, to be effective.. 6.7

Appears in 1 contract

Samples: Letter and Construction Agreement (Oakley Inc)

No Waiver of Remedies. The waiver by Landlord Lessor of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord Lessor to insist on the strict performance by Tenant Lessee of all of the covenants and conditions of this Lease. No act or thing done by Landlord Lessor or LandlordXxxxxx’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by LandlordXxxxxx. The mention in this Lease of any particular remedy shall not preclude Landlord Lessor from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord Lessor of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord Lessor to enforce any of the rules and regulations attached conditions to this Lease or later adopted, against Tenant or any other tenant in the Building, Lessee shall not be deemed a waiver. Any waiver by Landlord Lessor must be in writing and signed by Landlord Lessor to be effective.

Appears in 1 contract

Samples: Lease Agreement

No Waiver of Remedies. The waiver by Landlord either party of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord such party to insist on the strict performance by Tenant the other party of all of the covenants and conditions of this Lease. No act or thing done by Landlord either party or Landlord’s its Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlordsuch party. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlordsuch party, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord either party must be in writing and signed by Landlord such party to be effective.

Appears in 1 contract

Samples: Lease (Integrated Financial Systems Inc)

No Waiver of Remedies. The waiver by Landlord either party of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord a party to insist on the strict performance by Tenant the other party of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord a party must be in writing and signed by Landlord such party to be effective.

Appears in 1 contract

Samples: Gross Lease (Akcea Therapeutics, Inc.)

No Waiver of Remedies. The waiver Lender may resort to any remedies and the security given by Landlord the Note, the Loan Agreement, this Deed of Trust or the other Loan Documents in whole or in part, and in such portions and in such order as determined by Lender's sole discretion. No such action shall in any covenant or condition contained in this Lease shall not way be deemed to be considered a waiver of any subsequent breach rights, benefits or remedies evidenced or provided by the Note, the Loan Agreement, this Deed of such covenant Trust or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violationother Loan Documents. The receipt by Landlord failure of Base RentLender to exercise any right, Additional Rent remedy or option provided in the Note, the Loan Agreement, this Deed of Trust or any of the other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease Loan Documents shall not be deemed a waiver of such breachright, remedy or option or of any covenant or obligation secured by the Note, the Loan Agreement, this Deed of Trust or the other Loan Documents. The failure No acceptance by Lender of Landlord any payment after the occurrence of any Event of Default and no payment by Lender of any obligation for which Borrower is liable hereunder shall be deemed to enforce waive or cure any Event of Default with respect to Borrower, or Borrower's liability to pay such obligation. No sale of all or any portion of the rules Property, no forbearance on the part of Lender, and regulations attached to this Lease no extension of time for the payment of the whole or later adopted, against Tenant any portion of the Debt or any other tenant indulgence given by Lender to Borrower, shall operate to release or in any manner affect the interest of Lender in the Building, shall not be deemed a waiverremaining Property or the liability of Borrower to pay the Debt. Any No waiver by Landlord must Lender shall be effective unless it is in writing and signed then only to the extent specifically stated. All costs and expenses of Lender in exercising its rights and remedies under this Deed of Trust (including reasonable attorneys' fees and disbursements to the extent permitted by Landlord to law), shall be effectivepaid by Borrower immediately upon notice from Lender, and such costs and expenses shall constitute a portion of the Debt and shall be secured by this Deed of Trust.

Appears in 1 contract

Samples: Lasalle Hotel Properties

No Waiver of Remedies. The Unless otherwise stated in this Lease, the waiver by Landlord or Tenant of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord or Tenant, as the case may be, to insist on the strict performance by Tenant the other of all of the covenants and conditions of this Lease. No Unless otherwise specifically provided under this Lease, no act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord or payment by Tenant of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any To be effective, any waiver by Landlord or Tenant must be in writing and signed by Landlord to be effectivethe party against whom such waiver is claimed.

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

No Waiver of Remedies. The waiver by Landlord or Tenant of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord or Tenant to insist on the strict performance by Tenant the other party of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s 's Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord or Tenant from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The payment by Tenant of any sum or amount due or payable under this Lease may be made under protest and shall not be deemed a waiver of any breach or default by Landlord under this Lease. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.,

Appears in 1 contract

Samples: Office Lease (Eloyalty Corp)

No Waiver of Remedies. The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, Building shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

Appears in 1 contract

Samples: Gross Lease (TNS Inc)

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