Common use of Cumulative Remedies - No Waiver - No Oral Change Clause in Contracts

Cumulative Remedies - No Waiver - No Oral Change. Section 26.1. The specified remedies to which the Lessor may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor may be lawfully entitled and in case of any breach by the Lessee of any covenant, agreement or condition of this Lease. The failure of the Lessor to insist in any one or more cases upon the strict performance or observance of any of the covenants, agreements or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver for the future of such covenant, agreement, condition or option. A receipt by the Lessor of rent with knowledge of the breach of any covenant, agreement or condition hereof shall not be deemed to have been made unless expressed in writing and signed by the Lessor. In addition to the other remedies in this Lease provided, the Lessor shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, agreements or conditions of this Lease. No receipt of moneys by Lessor from Lessee after the termination or cancellation hereof in any lawful manner shall reinstate, continue or extent the term hereof, or affect any notice theretofore given to Lessee, or operate as a waiver of the right of the Lessor to enforce the payment of rent or additional rent or other charges then due or thereafter falling due, or operate as a waiver of the right of the Lessor to recover possession of the Premises by proper suit, action, proceedings or remedy; it being agreed that, after the service of notice to terminate or cancel this Lease, and the expiration of the time therein specified, if the default has not been cured in the meantime, or after the commencement of suit, action or summary proceedings or of any other remedy or after a final order, warrant or judgment for the possession of the Premises, Lessor may demand, receive and collect rent on additional unit or other charges under this Lease, and moneys so collected shall be deemed to be payments on account for use and occupation of the Premises, or at the election of Lessor, on account of Lessee's liability hereunder. Acceptance of the keys to the Premises, or any similar act by Lessor, or any agent or employee of Lessor during the term hereof, shall not be deemed to be an acceptance of a surrender of the Premises unless Lessor shall consent thereto in writing. Section 26.2. This Lease cannot be changed orally, but only by agreement in writing signed by both parties. Section 26.3. In the event of any default by the Lessee under this Lease, the Lessor is authorized, at the Lessor's option, to apply any moneys deposited by or for the account of the Lessee under any provision of this Lease on account of such default. The Lessee shall not be entitled to interest on any monies so deposited.

Cumulative Remedies - No Waiver - No Oral Change. Section 26.1. The specified specific remedies to which the Lessor Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor it may be lawfully entitled and in case any breach or threatened breach by Tenant of any breach by the Lessee of any covenant, agreement or condition provision of this Leaselease. The failure of the Lessor Landlord to seek redress for violation of, or to insist in any one or more cases upon the strict performance or observance of any of the covenants, agreements or conditions covenants of this Lease Lease, or to exercise any option herein contained contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, condition covenant or option. A receipt by the Lessor Landlord of Net Basic Rent or additional rent with knowledge of the breach of any covenant, agreement or condition hereof covenant of this Lease shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by Landlord of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by the Lessor. In addition to the other remedies in this Lease provided, the Lessor shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, agreements or conditions of this Lease. No receipt of moneys by Lessor from Lessee after the termination or cancellation hereof in any lawful manner shall reinstate, continue or extent the term hereof, or affect any notice theretofore given to Lessee, or operate as a waiver of the right of the Lessor to enforce the payment of rent or additional rent or other charges then due or thereafter falling due, or operate as a waiver of the right of the Lessor to recover possession of the Premises by proper suit, action, proceedings or remedy; it being agreed that, after the service of notice to terminate or cancel this Lease, and the expiration of the time therein specified, if the default has not been cured in the meantime, or after the commencement of suit, action or summary proceedings or of any other remedy or after a final order, warrant or judgment for the possession of the Premises, Lessor may demand, receive and collect rent on additional unit or other charges under this Lease, and moneys so collected shall be deemed to be payments on account for use and occupation of the Premises, or at the election of Lessor, on account of Lessee's liability hereunder. Acceptance of the keys to the Premises, or any similar act by Lessor, or any agent or employee of Lessor during the term hereof, shall not be deemed to be an acceptance of a surrender of the Premises unless Lessor shall consent thereto in writing. Section 26.2. This Lease cannot be changed orally, but only by agreement in writing signed by both parties. Section 26.3Landlord. In the event of a breach or threatened breach by Tenant of any default by of the Lessee under covenants or provisions of this Lease, Landlord shall have the Lessor is authorizedright of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, at the Lessor's optionsummary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, to apply in law or in equity. Tenant hereby expressly waives any moneys deposited and all rights of redemption granted by or for under any present or future laws in the account event of obtaining possession of the Lessee under any provision Demised Premises by reason of Tenant's violation of the provisions of this Lease on account of such default. The Lessee shall not be entitled to interest on any monies so depositedLease.

Cumulative Remedies - No Waiver - No Oral Change. Section 26.124.1. The specified remedies to which the Lessor Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor Landlord may be lawfully entitled and entitled, either at law or in equity, in case of any breach or threatened breach by the Lessee Tenant of any covenant, agreement or condition of this Lease. The failure of the Lessor Landlord to insist in any one or more cases instance upon the strict performance or observance of any of the covenants, agreements or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver for the future of such covenant, agreement, condition or option. A receipt by the Lessor Landlord of rent with knowledge of the breach of any covenant, agreement or condition hereof shall not be deemed a waiver of such breach, and no waiver by the Landlord of any covenant, agreement or condition of this Lease shall be deemed to have been made unless expressed in writing and signed by the LessorLandlord. In addition to the other remedies in this Lease provided, the Lessor Landlord shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, agreements or conditions of this Lease. No receipt of moneys monies by Lessor Landlord from Lessee Tenant after the termination or cancellation hereof or any rights granted to Tenant hereunder in any lawful manner shall reinstate, continue or extent extend the term Term hereof, or affect any notice theretofore theretofor given to LesseeTenant, or operate as a waiver of the right of the Lessor Landlord to enforce the payment of rent or additional rent or other charges then due or thereafter falling due, or operate as a waiver of the right of the Lessor Landlord to recover possession of the Premises by proper suit, action, proceedings or remedy; it being agreed that, after the service of notice to terminate or cancel this Lease, Lease and the expiration of the time therein specified, if the default has not been cured in the meantime, or after the commencement of suit, action or summary proceedings or of any other remedy remedy, or after a final order, warrant or judgment for the possession of the Premises, Lessor Landlord may demand, receive and collect rent on additional unit any moneys then due, or other charges under this Leasethereafter becoming due, without in any manner affecting such notice, proceeding, suit, action, order, warrant or judgment and any and all such moneys so collected shall be deemed to be payments on account for the use and occupation of the Premises, or at the election of LessorLandlord, on account of Lesseethe Tenant's liability hereunder. Acceptance of the keys to the Premises, Premises or any similar act act, by LessorLandlord, or any agent or employee of Lessor Landlord during the term Term hereof, shall not be deemed to be an acceptance of a surrender of the Premises unless Lessor Landlord shall consent thereto in writing. Section 26.224.2. This Lease cannot be changed orally, but only by agreement in writing signed by both parties. Section 26.3. In the event of any default by the Lessee under this Lease, the Lessor is authorized, at the Lessor's option, to apply any moneys deposited by or for the account party against whom enforcement of the Lessee under any provision of this Lease on account of such default. The Lessee shall not be entitled to interest on any monies so depositedchange is sought.