Common use of Amendments; Binding Effect Clause in Contracts

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 21 contracts

Samples: Lease Agreement (Cleanspark, Inc.), Lease Agreement, Office Lease Agreement (Dermavant Sciences LTD)

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Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s 's Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 3 contracts

Samples: Lease Agreement (Aviall Inc), Lease Agreement (Daisytek International Corporation /De/), Lease Agreement (Panoramic Care Systems Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall will be deemed to have been modified or waived by Landlord unless such modification or waiver is in writing signed by Landlord, and no . No custom or practice which may evolve between the parties in the administration of the terms hereof shall of this Lease will waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereofof this Lease, except as expressly modified in writing signed by Landlord and Tenant. The terms and conditions contained in this Lease shall will inure to the benefit of and be binding upon the parties heretoparties, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s 's Mortgagee, no third party shall may be deemed a third party beneficiary hereofbeneficiary.

Appears in 2 contracts

Samples: Lease Agreement (Coolsavings Inc), Lease Agreement (Paragon Financial Corp)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and TenantTxxxxx. No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing signed by LandlordLandlord or Tenant, as applicable, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord or Tenant to insist upon the performance by Tenant or Landlord in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and TenantXxxxxx. No provision of this Lease shall be deemed to have been waived by Landlord a party hereto unless such waiver is in writing signed by Landlordthe waiving party, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord a party hereto to insist upon the performance by Tenant the other in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Lease Agreement (Corcept Therapeutics Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing signed by Landlordthe waiving party, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord or Tenant to insist upon the performance by Tenant the other party hereto in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been modified or waived by Landlord or Tenant unless such modification or waiver is in writing signed by LandlordLandlord or Tenant, and no as the case may be. No custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord or Tenant to insist upon the performance by Tenant the other in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s 's Mortgagee, no third party shall be deemed a third party beneficiary hereof.. 461545/C/10

Appears in 1 contract

Samples: Lease Agreement (Privatebancorp Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord a party hereto unless such waiver is in writing signed by Landlordthe waiving party, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord a party hereto to insist upon the performance by Tenant the other in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Lease Agreement (Zuora Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereof. The terms and conditions contained in this OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 30 Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Office Lease Agreement (Radiant Systems Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and TenantXxxxxx. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord to insist upon the performance by Tenant Xxxxxx in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Lease Agreement (Senti Biosciences, Inc.)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing signed by Landlordthe waiving party, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord or Tenant to insist upon the performance by Tenant the other party in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Lease Agreement (Advanced Medical Optics Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing signed by LandlordLandlord or Tenant, as applicable, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord or Tenant to insist upon the performance by Tenant or Landlord in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord either party hereto unless such waiver is in writing signed by Landlordthe other party hereto, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord either party hereto to insist upon the performance by Tenant the other party in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall will be deemed to have been modified or waived by Landlord unless such modification or waiver is in writing signed by Landlord, and no . No custom or practice which may evolve between the parties in the administration of the terms hereof shall of this Lease will waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereofof this Lease, except as expressly modified in writing signed by Landlord and Tenant. The terms and conditions contained in this Lease shall will inure to the benefit of and be binding upon the parties heretoparties, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall may be deemed a third party beneficiary hereofbeneficiary.

Appears in 1 contract

Samples: Lease Agreement (Enova International, Inc.)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall will be deemed to have been modified or waived by Landlord either party unless such modification or waiver is in writing signed by Landlord, and no such party. No custom or practice which may evolve between the parties in the administration of the terms hereof shall of this Lease will waive or diminish the right of Landlord either party to insist upon the performance by Tenant the other party in strict accordance with the terms hereofof this Lease, except as expressly modified in writing signed by Landlord and Tenant. The terms and conditions contained in this Lease shall will inure to the benefit of and be binding upon the parties heretoparties, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall may be deemed a third party beneficiary hereofbeneficiary.

Appears in 1 contract

Samples: Lease Agreement (Ecollege Com)

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Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlordthe party who is alleged to have waived such provision, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord either party to insist upon the performance by Tenant the other party in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s 's Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof. Time is strictly of the essence with respect to Tenant’s obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Solyndra, Inc.)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing signed by Landlordsuch waiving party, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord each party to insist upon the performance by Tenant the other party in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Lease Agreement (Omtool LTD)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such that waiver is in writing signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof of this Lease shall waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereofof this Lease. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties heretoto this Lease, and upon their respective permitted successors in interest and legal representatives, except as otherwise herein expressly providedprovided in this Lease. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, and no third party part shall be deemed a third party beneficiary hereofpart beneficiar of the terms of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Decode Genetics Inc)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord either party hereto unless such waiver is in writing signed by Landlordsuch party, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord either party to insist upon the performance by Tenant the other party hereto in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing and signed by LandlordLandlord or Tenant, as the case may be, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord or Tenant to insist upon the performance by Tenant the other party in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Lease Agreement (Omega Protein Corp)

Amendments; Binding Effect. This Lease may not be amended except -------------------------- by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s 's Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Lease Agreement (Tenfold Corp /Ut)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No Except as expressly provided herein, no provision of this Lease shall be deemed to have been waived by Landlord either party unless such waiver is in writing signed by Landlordsuch party, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord one party to insist upon the performance by Tenant the other party in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgagee, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Industrial Lease (A123 Systems, Inc.)

Amendments; Binding Effect. This Lease may not be amended except by instrument in writing signed by Landlord and Tenant. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing written and signed by Landlord, and no custom or practice which may evolve between the parties in the administration of the terms hereof shall waive or diminish the right of Landlord to insist upon the performance by Tenant in strict accordance with the terms hereof. The terms and conditions contained in this Lease shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly providedsubject to the restrictions contained in this Lease. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord’s Mortgageemortgage holders, no third party shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Office Lease (Englobal Corp)

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