Common use of Additional Rights of Parties Clause in Contracts

Additional Rights of Parties. A. No right or remedy herein conferred upon or reserved to Landlord or Tenant is intended to be exclusive of any other right or remedy, and every right or remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law. The failure of Landlord or Tenant to insist at any time upon the strict performance or observance of any covenant or condition, or to exercise any right, power of remedy under this Lease shall not be construed as a waiver or relinquishment thereof for the future. The receipt by Landlord of any Base Rent, additional rent or other sum payable hereunder with knowledge of the breach of any covenant or agreement in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord or Tenant of any provision of this Lease shall be deemed to have been made unless expressed in writing by Landlord or Tenant, as the case may be. Landlord or Tenant shall be entitled to the extent permitted by applicable law, to injunctive relief in case of the violation or attempted or threatened violation of any covenant, agreement, condition or provision of this Lease or to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law. B. If either party shall be in default in the performance of any of its obligations under this Lease, the defaulting party shall pay to the other party the reasonable expenses incurred in connection therewith, including reasonable attorneys' fees and expenses. If a party shall, without fault on its part, be made a party to any litigation commenced against the other, and if the other party shall not provide the party without fault with counsel reasonably satisfactory to it, said other party shall pay all costs and reasonable attorneys' fees and expenses incurred or paid by the other in connection with such litigation. Notwithstanding the above, counsel provided by an insurance carrier shall be considered reasonably satisfactory unless such counsel shall refuse to act for the party.

Additional Rights of Parties. A. No right or remedy herein conferred upon or reserved to Landlord or Tenant is intended to be exclusive of any other right or remedy, and every right or and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law. The failure of Landlord or Tenant to insist at any time upon the strict performance or observance of any covenant or condition, condition or to exercise any right, power of or remedy under this Lease shall not be construed as a waiver or relinquishment thereof for the future. The receipt by Landlord of any Base Annual Basic Rent, additional rent or other sum amounts payable hereunder with knowledge of the breach of any covenant or agreement in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord or Tenant of any provision of this Lease shall be deemed to have been made unless expressed in writing by Landlord or Tenant, as the case may be. Landlord or Tenant shall be entitled to the extent permitted by applicable law, to injunctive relief in case of the violation or attempted or threatened violation of any covenant, agreement, condition or provision of this Lease or to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law. B. If either party shall be in default in the performance of any of its obligations under this Lease, the defaulting party shall pay to the other party the reasonable expenses incurred in connection therewith, including reasonable attorneys' ’ fees and expenses. If a either party shall, shall without fault on its part, part be made a party to any litigation commenced against the other, and if the other party against whom the action is commenced shall not provide the party without fault other with counsel reasonably satisfactory to it, said other the party against whom the action is commenced shall pay all costs and reasonable attorneys' ’ fees and expenses incurred or paid by the other in connection with such litigation. Notwithstanding the above, counsel provided by an insurance carrier shall be considered reasonably satisfactory unless such counsel shall refuse to act for the party. C. Notwithstanding anything to the contrary contained herein, neither party shall be liable for any consequential, special or punitive damages suffered by the other party as a result of the former party’s default hereunder or negligence.

Additional Rights of Parties. A. No right or remedy herein conferred upon or reserved to Landlord or Tenant is intended to be exclusive of any other right or remedy, and every right or remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law. The failure of Landlord or Tenant to insist at any time upon the strict performance or observance of any covenant or condition, or to exercise any right, power of remedy under this Lease shall not be construed as a waiver or relinquishment thereof for the future. The receipt by Landlord of any Base Rent, additional rent or other sum payable hereunder with knowledge of the breach of any covenant or agreement in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord or Tenant of any provision of this Lease shall be deemed to have been made unless expressed in writing by Landlord or Tenant, as the case may be. Landlord or Tenant shall be entitled to the extent permitted by applicable law, to injunctive relief in case of the violation or attempted or threatened violation of any covenant, agreement, condition or provision of this Lease or to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law. B. If either party shall be in default in the performance of any of its obligations under this Lease, the defaulting party shall pay to the other party the reasonable expenses incurred in connection therewith, including reasonable attorneys' ’ fees and expenses. If a party shall, without fault on its part, be made a party to any litigation commenced against the other, and if the other party shall not provide the party without fault with counsel reasonably satisfactory to it, said other party shall pay all costs and reasonable attorneys' ’ fees and expenses incurred or paid by the other in connection with such litigation. Notwithstanding the above, counsel provided by an insurance carrier shall be considered reasonably satisfactory unless such counsel shall refuse to act for the party.

Additional Rights of Parties. A. (a) No right tight or remedy herein conferred upon or reserved to Landlord Lessor or Tenant is intended to be exclusive of any other right or remedy, and each and every right or and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at lawlaw or in equity or by statute. The failure of Landlord Lessor or Tenant to insist at any time upon the strict performance or observance of any covenant or conditionagreement, or to exercise any option, right, power of power, or remedy under this Lease contained herein shall not be construed as a waiver or a relinquishment thereof for the future. The A receipt by Landlord Lessor of any Base Fixed Annual Rent, any additional rent rent, or any other sum payable hereunder with knowledge of the breach of any covenant or agreement in this Lease contained herein shall not be deemed a waiver of such breach, and no waiver by Landlord Lessor or Tenant of any provision of this Lease hereof shall be deemed to have been made unless expressed in writing and signed by Landlord Lessor or Tenant, as the case may be. Landlord In addition to other remedies provided herein, Lessor or Tenant shall be entitled entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation violation, or attempted or threatened violation violation, of any covenantof the covenants, agreementagreements, condition conditions, or provision provisions of this Lease Lease, or to a decree compelling performance of any covenantof the covenants, agreementagreements, condition conditions, or provision provisions of this Lease, or to any other remedy allowed by lawto Lessor or Tenant at law or in equity. B. (b) Lessee hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (1) any right and privilege which it or any of them may have under any present or future constitution, statute, or rule of law to redeem the Leased Premises or to have a continuance hereof for the term hereby demised after termination of Lessee's right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms hereof, or after the termination of the term hereof as herein provided, and (ii) the benefits of any present or future constitution, statute, or rule of law which exempts property from liability for debt or for distress for rent. (c) If either party Lessee shall be in default in the performance of any of its obligations under this Leasehereunder, and an action shall be brought for the defaulting party enforcement thereof, in which it shall be determined that Lessee was in default, Lessee shall pay to Owner all the other party the reasonable expenses incurred in connection therewith, including reasonable attorneys' fees and expenses. If a party shall, without fault on its part, be made a party to any litigation commenced against the other, and if the other party shall not provide the party without fault with counsel reasonably satisfactory to it, said other party shall pay all costs and reasonable attorneys' fees and expenses incurred or paid by the other in connection with such litigation. Notwithstanding the above, counsel provided by an insurance carrier shall be considered reasonably satisfactory unless such counsel shall refuse to act for the partyfees.