Common use of Delay; Cumulative Remedies Clause in Contracts

Delay; Cumulative Remedies. No delay or failure by Landlord to exercise any right or remedy against Tenant or Guarantor will be construed an a waiver of that right or remedy. No waiver or modification of any provision of this Guaranty nor any termination of this Guaranty shall be effective unless stated in writing and signed by the party charged with such waiver or modification, and then only to the extent so stated, and no such waiver shall apply to any circumstance other than the specific instance for which it is given. In no event shall a waiver of any provision of this Guaranty be implied from any course of conduct on the part of Guarantor and/or Landlord and/or any third party. All remedies of Landlord against Tenant and Guarantor are cumulative.

Appears in 3 contracts

Samples: Master Lease (Equinix Inc), Lease Agreement (Equinix Inc), Ground Lease (Equinix Inc)

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Delay; Cumulative Remedies. No delay or failure by Landlord Sublessor to exercise any right or remedy against Tenant Sublessee or Guarantor will be construed an a waiver of that right or remedy. No waiver or modification of any provision of this Guaranty nor any termination of this Guaranty shall be effective unless stated in writing and signed by the party charged with such waiver or modification, and then only to the extent so stated, and no such waiver shall apply to any circumstance other than the specific instance for which it is given. In no event shall a waiver of any provision of this Guaranty be implied from any course of conduct on the part of Guarantor and/or Landlord Sublessor and/or any third party. All remedies of Landlord Sublessor against Tenant Sublessee and Guarantor are cumulative.

Appears in 1 contract

Samples: Sublease Agreement (Corixa Corp)

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