No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease.
Appears in 2 contracts
No Accord and Satisfaction. No acceptance payment by Tenant or receipt by Landlord of a lesser sum amount than the Annual Fixed Rent, Additional Rent or any other charge then due provided to be paid shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment dueRent due and payable under this Lease, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge Rent be deemed an accord and satisfaction, and unless expressly agreed to, in writing, by Landlord. Landlord may accept any such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment Rent or pursue any other remedy provided in this Lease.
Appears in 2 contracts
Samples: Ground Lease (CNL Healthcare Properties, Inc.), CNL Healthcare Properties, Inc.
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Base Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this LeaseLease provided.
Appears in 2 contracts
Samples: Lease (Sepracor Inc /De/), Lease (Dynamics Research Corp)
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum -------------------------- than the Annual Fixed Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this LeaseLease provided.
Appears in 2 contracts
Samples: Specialty Catalog Corp, Lifeline Systems Inc
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed RentRental Rate, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease.
Appears in 1 contract
Samples: Lease (Arqule Inc)
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Rent, Additional Rent or any other charge then due shall will be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall will any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy provided in this LeaseLease provided.
Appears in 1 contract
Samples: Lease (Colt Finance Corp.)
No Accord and Satisfaction. No acceptance by Landlord of a -------------------------------------------- lesser sum than the Annual Fixed Rent, Additional Rent or any other charge sum then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any . Any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge shall be given no effect and shall not be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in under this LeaseLease or otherwise.
Appears in 1 contract
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy provided in this LeaseLease provided.
Appears in 1 contract
Samples: Lease (LTX Corp)
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Base Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy provided in this LeaseLease provided.
Appears in 1 contract
Samples: Lease (PharmaFrontiers Corp.)
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Rent, Additional Rent Rental or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any . Any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge shall not be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in under this LeaseLease or otherwise.
Appears in 1 contract
Samples: Lease (Impac Group Inc /De/)
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy provided in this LeaseLease provided.
Appears in 1 contract
Samples: Aspect Medical Systems Inc
No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Annual Fixed Rent, Additional Rent or any other charge then due, and no acceptance by Tenant of a lesser sum than then due by Landlord, shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlordthe other's right to recover the balance of such installment or pursue any other remedy provided in this LeaseLease provided.
Appears in 1 contract
Samples: Agreement of Sublease (Inktomi Corp)