Laches. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof.
Laches. No waiver of any covenant or condition or the breach of any covenant or condition of this Lease shall be taken to constitute a waiver of any subsequent breach of such covenant or condition, nor to justify or authorize the non-observance on any other occasion of the same, or any other covenant or condition hereof, nor shall the acceptance of Rent by Landlord at any time when Tenant is in default under any covenant or condition hereof be construed as a waiver of such default, nor shall any waiver or indulgence granted by Landlord to Tenant be taken as an estoppel against Landlord. It is expressly understood that if at any time Tenant shall be in default in any of the covenants or conditions hereunder, an acceptance by Landlord of Rent during the continuance of such default, or of the failure on the part of Landlord promptly to avail itself of such other rights or remedies as Landlord may have, shall not be construed as a waiver of such default; but Landlord may at any time thereafter, if such default continues, take action it deems necessary on account of such default, in the manner provided in this Article XVII. Every demand for rent due wherever and whenever made, or demand for the performance or observance of any of the other obligations devolving upon Tenant hereunder, shall have the same effect as if made at the time it falls due and at the place of payment; and after the service of any notice of commencement of any suit or final judgment therein, Landlord may receive and collect any rent due, and such collection or receipt shall not operate as a waiver of nor affect such notice, suit or judgment.
Laches. For purposes of settlement, the City has raised laches as a defense to Violations 1-37 contained in Attachment A and the Prosecution Team agrees that, given the totality of the circumstances, laches may bar the imposition of $111,000 in liability for those oldest 37 violations. These violations occurred between March 1, 2007 and March 31, 2015, and are identified in Attachment A as violations 1-37. All of these violations are at least six years old. The Prosecution Team stipulates that, given the specific circumstances of this case, there is insufficient evidence to overcome the presumption that the delay is unreasonable and has caused prejudice.
Laches. It is mutually covenanted and agreed between the parties hereto that the failure of the Lessor to insist at all times upon strict compliance with all of the terms, conditions, obligations, covenants and agreements contained herein shall not be construed as a waiver or relinquishment in respect thereof thereafter.
Laches. No waiver of any covenants or condition or the breach of any covenant or condition of this Lease shall be taken to constitute a waiver of any subsequent breach of such covenant or condition not to justify or authorize the non-observance of any other occasion of the same of any other covenant or condition hereof, nor shall the acceptance of rent by Lessor at any time when Lessee is in default under any covenant or condition hereof be construed as a waiver of such default. Acceptance by Lessor of an amount less that the full amount owed by Lessee shall, in no event, constitute Lessor’s waiver or partial waiver of the full amount owed by Lessee under this Lease nor shall such acceptance be construed to be an “accord and satisfaction” regarding said full amount owed to Lessor by Lessee. Additionally, such acceptance by Lessor of a lesser amount owed to Lessor by Lessee shall not be a waiver by Lessor of Lessee’s default under this Lease or diminish Lessor’s rights and remedies under this Lease as a result of Lessee’s default.
Laches. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof. It is further agreed that a waiver by either of the parties hereto of any of the covenants and agreements hereof to be performed by the other, shall not be construed to be a waiver of any succeeding breach thereof or of any other covenants or agreements herein contained.
Laches. Any failure of Lessor to enforce rights or to seek remedies upon any default of Lessee hereunder, or the delay of said enforcement or the seeking of remedies shall not prejudice or affect the rights or remedies of Lessor in the event of any subsequent default or attempted enforcement at a later date.
Laches. The waiver of any covenants or conditions or of the performance of and compliance with same, or the acquiesced breach thereof, shall not constitute a waiver of any subsequent non-performance and non- compliance or of any subsequent breach of such covenants or conditions, nor will such waiver justify or authorize the non-observance of any other covenant or condition hereof.
Laches. No waiver of any covenants or conditions. or breach of any covenants or condition of this lease shall be taken to constitute a waiver of any subsequent breach of such covenants or condition nor to justify or authorize the non-observance of any other occasion of the same or of any other covenant or condition hereof, nor shall the acceptance of rent by Lessor, at any time when Lessee is in default under any covenant or condition hereof. be constructed as a waiver of such default.
