Common use of Waiver or Forbearance Clause in Contracts

Waiver or Forbearance. The receipt or acceptance of the Annual Rent by the Division, with or without knowledge of any breach of the Lease by Lessee, or of any default on the part of Lessee in the observance or performance of any of the terms, conditions or covenants of this Lease, shall not be deemed to be a waiver of any of the Division's rights concerning any other defaults unless the contrary effect is expressed in writing and signed by the Division. Any waiver by the Division of any default of Lessee's performance under this Lease must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease. No delay or omission in the exercise of any right or remedy of the Division on any default by Lessee shall impair such right or remedy or be construed as a waiver.

Waiver or Forbearance. The receipt or acceptance of the Annual Rent by the Division, with or without knowledge of any breach of the Lease by LesseeXxxxxx, or of any default on the part of Lessee in the observance or performance of any of the terms, conditions or covenants of this Lease, shall not be deemed to be a waiver of any of the Division's rights concerning any other defaults unless the contrary effect is expressed in writing and signed by the Division. Any waiver by the Division of any default of LesseeXxxxxx's performance under this Lease must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease. No delay or omission in the exercise of any right or remedy of the Division on any default by Lessee shall impair such right or remedy or be construed as a waiver.