Common use of Nonwaiver of Defaults Clause in Contracts

Nonwaiver of Defaults. Neither party's failure or delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the term of this Lease shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 5 contracts

Samples: Agreement (Universal Electronics Inc), Lease Agreement (August Technology Corp), Lease Agreement (Access Corp)

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Nonwaiver of Defaults. Neither party's ’s failure or nor delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be constitute a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provisionprovision at that time or in the future. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's ’s receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Leaseremedy available to Landlord. No act or omission by Landlord or its employees or agents during the term of this Lease Term shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 2 contracts

Samples: Lease (Blue Apron Holdings, Inc.), Lease (Blue Apron Holdings, Inc.)

Nonwaiver of Defaults. Neither party's The failure or delay in exercising by either party hereto to enforce or exercise at any time any of its the rights or remedies or other provisions of this Lease shall not be construed to be a waiver thereof thereof, nor affect the validity of any part of this Lease or affect its the right of either party thereafter to exercise or enforce each and every such right or remedy or other provisionprovisions. No waiver of any default and breach of this Lease shall be deemed held to be a waiver of any other default of breach. The receipt of rent by Landlord at a time after rent is due under this Lease shall not be construed as a waiver of such default. Landlord's The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the term of this Lease shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 2 contracts

Samples: Conference Center Lease Agreement (Cray Inc), Building Lease Agreement (Cray Inc)

Nonwaiver of Defaults. Neither party's failure or nor delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be constitute a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provisionprovision at that time or in the future. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of the rent due or to pursue any other remedies provided in this Leaseremedy available to Landlord. No act or omission by Landlord or its employees or agents during the term of this Lease Term shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord. Section 13.06.

Appears in 1 contract

Samples: Office Lease (eHealth, Inc.)

Nonwaiver of Defaults. Neither party's ’s failure or nor delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be constitute a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provisionprovision at that time or in the future. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's ’s receipt of less than the full rent Rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Leaseremedy available to Landlord. No act or omission by Landlord or its employees or agents during the term of this Lease Term shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease (Purple Innovation, Inc.)

Nonwaiver of Defaults. Neither party's ’s failure or delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's ’s receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the term of this Lease shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Restoration Hardware Inc)

Nonwaiver of Defaults. Neither party's ’s failure or delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be constitute a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provisionprovision at that time or in the future. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's ’s receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Leaseremedy available to Landlord. No act or omission by Landlord or its employees or agents during the term of this Lease Term shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease (Taysha Gene Therapies, Inc.)

Nonwaiver of Defaults. Neither party's failure or delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the term of this Lease shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord. Notwithstanding the foregoing, Tenant's failure to timely exercise any options hereunder shall be deemed to waive such options.

Appears in 1 contract

Samples: Lease Agreement (Talk America Holdings Inc)

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Nonwaiver of Defaults. Neither party's The failure or delay in exercising by either party --------------------- hereto to enforce or exercise at any time any of its the rights or remedies or other provisions of this Lease shall not be construed to be a waiver thereof thereof, nor affect the validity of any part of this Lease or affect its the right of either party thereafter to exercise or enforce each and every such right or remedy or other provisionprovisions. No waiver of any default and breach of this Lease shall be deemed held to be a waiver of any other default of breach. The receipt of rent by Landlord at a time after rent is due under this Lease shall not be construed as a waiver of such default. Landlord's The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the term of this Lease shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease (Wam Net Inc)

Nonwaiver of Defaults. Neither party's The failure or delay in exercising by either party hereto to enforce or exercise at any time any of its the rights or remedies or other provisions of this Lease shall not be construed to be a waiver thereof thereof, nor affect the validity of any part of this Lease or affect its the right of either party thereafter to exercise or enforce each and every such right or remedy or other provisionprovisions. No waiver of any default and breach of this Lease shall be deemed held to be a waiver of any other default of breach. The receipt of rent by Landlord at a time after rent is due under this Lease shall not be construed as a waiver of such default. Landlord's The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the term of this Lease shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Development Building and Conference Center Lease Agreement (Cray Inc)

Nonwaiver of Defaults. Neither party's failure or nor delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be constitute a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provisionprovision at that time or in the future. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of the rent due or to pursue any other remedies provided in this Leaseremedy available to Landlord. No act or omission by Landlord or its employees or agents during the term of this Lease Term shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Industrial Lease Agreement (Haemonetics Corp)

Nonwaiver of Defaults. Neither party's ’s failure or nor delay in exercising any of its rights or remedies or other provisions of this Lease shall be construed to be constitute a waiver thereof or affect its right thereafter to exercise or enforce each and every such right or remedy or other provisionprovision at that time or in the future. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's ’s receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Leaseremedy available to Landlord. No act or omission by Landlord or its employees or agents during the term of this Lease Term shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Office Lease (One)

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