Common use of Cumulative Remedies; No Waiver Clause in Contracts

Cumulative Remedies; No Waiver. The specified remedies to which Sublessor may resort under the terms hereof are cumulative and are not intended to be exclusive of any other remedy or means of redress to which Sublessor may be lawfully entitled in case of any breach or threatened breach by Sublessee of any provision hereof. If for any reason Sublessor fails or neglects to take advantage of any of the terms of this Sublease providing for termination or other remedy, any such failure of Sublessor shall not be deemed to be a waiver of any default of any of the provisions, terms, covenants, agreements or conditions of this Sublease. The waiver by Sublessor of any breach of any term, condition or covenant herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, condition or covenant herein contained. None of the provisions, terms, covenants, agreements or conditions hereof can be waived except by the express written consent of Sublessor. Subsequent acceptance of rent hereunder by Sublessor shall not be deemed to be a waiver of any preceding breach by Sublessee of any provision, term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s knowledge of such preceding breach at the time of acceptance of such rent.

Cumulative Remedies; No Waiver. The specified Section 16.1 Subject to the limitations contained in Section 27.1 below, the specific remedies to which Sublessor the Landlord or the Tenant may resort under the terms hereof of this Lease are cumulative and are not intended to be exclusive of any other remedy remedies or means of redress to which Sublessor they may be lawfully entitled in case of any breach or threatened breach by Sublessee either of them of any provision hereofof this Lease. If for The failure of either party hereunder to insist in any reason Sublessor fails one or neglects to take advantage more cases upon the strict performance of any of the terms covenants of this Sublease providing Lease, or to exercise any option contained herein, shall not be construed as a waiver or relinquishment for termination the future of such covenant or other remedy, option. The receipt by the Landlord of Basic Rent or Additional Rent with knowledge of the breach of any such failure covenant of Sublessor this Lease shall not be deemed to be a waiver of any default such breach and no provision of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and executed by the Landlord. No act or thing done by the Landlord or the Landlord's agents during the Term shall be deemed an acceptance of a surrender of the Demised Premises and no agreement to accept such surrender shall be valid unless in writing executed by the Landlord. In addition to the other remedies in this Lease, the Landlord and the Tenant shall be entitled to restraint by injunction of the violation, or attempted or threatened violation, of any of the provisions, terms, covenants, agreements conditions or conditions provisions of this Sublease. The waiver by Sublessor Lease or to a decree compelling performance of any breach of any term, condition or covenant herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, condition or covenant herein contained. None of the provisions, terms, such covenants, agreements conditions or conditions hereof can be waived except by the express written consent of Sublessor. Subsequent acceptance of rent hereunder by Sublessor shall not be deemed to be a waiver of any preceding breach by Sublessee of any provision, term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s knowledge of such preceding breach at the time of acceptance of such rentprovisions.

Cumulative Remedies; No Waiver. The specified All remedies to which Sublessor may resort under the terms hereof of Lender provided for ------------------------------ herein are cumulative and are not intended shall be in addition to be exclusive any and all other rights and remedies provided in the other Loan Documents or provided by Law from time to time. The exercise of any other right or remedy or means of redress to which Sublessor may be lawfully entitled in case of any breach or threatened breach by Sublessee of any provision hereof. If for any reason Sublessor fails or neglects to take advantage of any of Lender under the terms of this Sublease providing for termination or other remedy, any such failure of Sublessor Loan Documents shall not be deemed to be in any way constitute a cure or waiver of any default of hereunder or under any of the provisionsother Loan Documents, termsnor invalidate any notice of default or any act done pursuant to any such notice, covenants, agreements nor prejudice Lender in the exercise of any rights hereunder or conditions of this Subleaseunder the other Loan Documents. The No waiver by Sublessor Lender of any breach default by Borrower hereunder shall be implied from any omission or delay by Lender to take action on account of such default if such default persists or is repeated. Any waiver of any termcovenant, term or condition or covenant herein contained in any of the Loan Documents must be in writing. Any such express written waiver shall not be deemed to be construed as a waiver of any subsequent breach of the same covenant, term or condition, nor shall it affect any default other term, condition or covenant herein contained. None than the default expressly made the subject of the provisions, terms, covenants, agreements waiver. Any such express waiver shall be operative only for the time and to the extent therein stated. The consent or conditions hereof can be waived except approval by the express written Lender to or of any act by Borrower requiring further consent of Sublessor. Subsequent acceptance of rent hereunder by Sublessor or approval shall not be deemed to be a waiver waive or render unnecessary consent or approval to or of any preceding breach by Sublessee of any provision, term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s knowledge of such preceding breach at the time of acceptance of such rentsubsequent act.

Cumulative Remedies; No Waiver. The specified All remedies to which Sublessor may resort under the terms hereof of Lender provided for herein are cumulative and are not intended shall be in addition to be exclusive any and all other rights and remedies provided in the other Loan Documents or provided by Law from time to time. The exercise of any other right or remedy or means of redress to which Sublessor may be lawfully entitled in case of any breach or threatened breach by Sublessee of any provision hereof. If for any reason Sublessor fails or neglects to take advantage of any of the terms of this Sublease providing for termination or other remedy, any such failure of Sublessor Lender hereunder shall not be deemed to be in any way constitute a cure or waiver of any default of hereunder or under any of the provisionsother Loan Documents, termsnor invalidate any notice of default or any act done pursuant to any such notice, covenants, agreements nor prejudice Lender in the exercise of any rights hereunder or conditions of this Subleaseunder the Loan Documents. The No waiver by Sublessor Lender of any breach default by Borrower hereunder shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default expressly made the subject of the waiver. Any such express waiver shall be operative only for the time and to the extent therein stated. Any waiver of any termcovenant, term or condition or covenant contained herein contained shall not be deemed to be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by Lender to or of any other term, condition act by Borrower requiring further consent or covenant herein contained. None of the provisions, terms, covenants, agreements or conditions hereof can be waived except by the express written consent of Sublessor. Subsequent acceptance of rent hereunder by Sublessor approval shall not be deemed to be a waiver waive or render unnecessary consent or approval to or of any preceding breach by Sublessee of any provision, term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s knowledge of such preceding breach at the time of acceptance of such rentsubsequent act.

Cumulative Remedies; No Waiver. The specified remedies to which Sublessor may resort under the terms hereof are cumulative and are not intended to be exclusive of any other remedy or means of redress to which Sublessor may be lawfully entitled in case of any breach or threatened breach by Sublessee of any provision hereof. If for any reason Sublessor fails or neglects to take advantage of any of the terms of this Sublease providing for termination or other remedy, any such failure of Sublessor shall not be deemed to be a waiver of any default of any of the provisions, terms, covenants, agreements or conditions of this Sublease. The waiver by Sublessor of any breach of any term, condition or covenant herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, condition or covenant herein contained. None of the provisions, terms, covenants, agreements or conditions hereof can be waived except by the express written consent of Sublessor. Subsequent acceptance of rent hereunder by Sublessor shall not be deemed to be a waiver of any preceding breach by Sublessee of any provision, term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s 's knowledge of such preceding breach at the time of acceptance of such rent.

Cumulative Remedies; No Waiver. The specified All remedies to which Sublessor may resort under of the terms hereof Lender provided for herein are cumulative and are not intended shall be in addition to be exclusive of any and all other remedy rights and remedies provided in the Note, this Agreement, or means of redress to which Sublessor may be lawfully entitled in case of any breach or threatened breach by Sublessee of any provision hereof. If for any reason Sublessor fails or neglects to take advantage of any of the terms Credit Documents, or provided by law from time to time. The exercise of any right or remedy by the Lender hereunder shall not in any way constitute a cure or waiver of default hereunder or under the Note, this Sublease providing for termination Agreement or other remedythe Credit Documents, nor invalidate any notice of default or any act done pursuant to any such failure notice, nor prejudice the Lender in the exercise of Sublessor any rights hereunder or under the Credit Documents, unless in the exercise of said right, the Lender realizes all amounts owed to it under the Credit Documents and all Events of Default are cured. No waiver by the Lender of any default or breach by the Borrower hereunder shall be implied from any omission by the Lender to take action on account of such default if such default persists or is other than the default expressly made the subject of the waiver. Any such express waiver shall be operative only for the time and to the extent therein stated. Any waiver of any covenant, term or condition contained herein shall not be deemed to be a waiver of any default of any of the provisions, terms, covenants, agreements or conditions of this Sublease. The waiver by Sublessor of any breach of any term, condition or covenant herein contained shall not be deemed to be construed as a waiver of any subsequent breach of the same covenant term or any other term, condition condition. The consent or covenant herein contained. None of the provisions, terms, covenants, agreements or conditions hereof can be waived except approval by the express written consent Lender to or of Sublessor. Subsequent acceptance of rent hereunder any act by Sublessor the Borrower shall not be deemed to be a waiver waive or render unnecessary consent or approval to or of any preceding breach by Sublessee of any provision, term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s knowledge of such preceding breach at the time of acceptance of such rentsubsequent act.

Cumulative Remedies; No Waiver. The specified All remedies to which Sublessor may resort under the terms hereof of Lender provided for ------------------------------ herein are cumulative and are not intended shall be in addition to be exclusive any and all other rights and remedies provided in the other Loan Documents or provided by Law from time to time. The exercise of any other right or remedy or means of redress to which Sublessor may be lawfully entitled in case of any breach or threatened breach by Sublessee of any provision hereof. If for any reason Sublessor fails or neglects to take advantage of any of the terms of this Sublease providing for termination or other remedy, any such failure of Sublessor Lender hereunder shall not be deemed to be in any way constitute a cure or waiver of any default of hereunder or under any of the provisionsother Loan Documents, termsnor invalidate any notice of default or any act done pursuant to any such notice, covenants, agreements nor prejudice Lender in the exercise of any rights hereunder or conditions of this Subleaseunder the Loan Documents. The No waiver by Sublessor Lender of any breach default by Borrower hereunder shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default expressly made the subject of the waiver. Any such express waiver shall be operative only for the time and to the extent therein stated. Any waiver of any termcovenant, term or condition or covenant contained herein contained shall not be deemed to be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by Lender to or of any other term, condition act by Borrower requiring further consent or covenant herein contained. None of the provisions, terms, covenants, agreements or conditions hereof can be waived except by the express written consent of Sublessor. Subsequent acceptance of rent hereunder by Sublessor approval shall not be deemed to be a waiver waive or render unnecessary consent or approval to or of any preceding breach by Sublessee of any provision, term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s knowledge of such preceding breach at the time of acceptance of such rentsubsequent act.

Cumulative Remedies; No Waiver. The specified remedies to which Sublessor may resort under the terms hereof are cumulative and are not intended to be exclusive of any other remedy or means of redress to which Sublessor may be lawfully entitled in case of any breach or threatened breach by Sublessee of any provision hereof. If for any reason Sublessor fails or neglects to take advantage of any of the terms of this Sublease providing for termination or other remedy, any such failure of Sublessor shall not be deemed to be a waiver of any default of any of the provisions, terms, covenants, agreements or conditions of this Sublease. The waiver by Sublessor of any breach of any term, condition or covenant herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, condition or covenant herein contained. None of the provisions, terms, covenants, agreements or conditions hereof can be waived except by the express written consent of Sublessor. Subsequent acceptance of rent hereunder by Sublessor shall not be deemed to be a waiver of any preceding breach by Sublessee of any provision, : term, covenant, agreement or condition of this Sublease other than the failure of Sublessee to pay the particular rental accepted, regardless of Sublessor’s Sublessors knowledge of such preceding breach at the time of acceptance of such rent.