Common use of No Accord and Satisfaction Clause in Contracts

No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Base Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy in this Lease provided.

Appears in 2 contracts

Samples: Lease (Dynamics Research Corp), Lease Agreement (Sepracor Inc /De/)

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No Accord and Satisfaction. No acceptance by Landlord of a lesser sum -------------------------- than the Base Fixed Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy in this Lease provided.

Appears in 2 contracts

Samples: Net Building Lease (Specialty Catalog Corp), Sublease (Lifeline Systems Inc)

No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Base Fixed Rent, Additional Rent or any other charge then due shall will be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall will any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy in this Lease provided.

Appears in 1 contract

Samples: Net Lease (Colt Finance Corp.)

No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Base Fixed Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy in this Lease provided.

Appears in 1 contract

Samples: Net Lease (Aspect Medical Systems Inc)

No Accord and Satisfaction. No acceptance by Landlord of a -------------------------------------------- lesser sum than the Base Annual Fixed Rent, Additional Rent or any other charge sum then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any . Any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge shall be given no effect and shall not be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy in under this Lease providedor otherwise.

Appears in 1 contract

Samples: Lease Agreement (International Wireless Inc)

No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Base Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy in this Lease provided.

Appears in 1 contract

Samples: Lease (PharmaFrontiers Corp.)

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No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Base Rent, Additional Rent or any other charge fixed rent and additional rent then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease providedLease. Notwithstanding anything to the contrary herein, in the event of a dispute, Tenant may make any payment of rent when due under protest but nothing shall relieve Tenant of its obligations to punctually and duly perform its obligations hereunder.

Appears in 1 contract

Samples: Lease (Hagler Bailly Inc)

No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Base Annual Fixed Rent, Additional Rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or pursue any other remedy in this Lease provided.

Appears in 1 contract

Samples: Net Lease (LTX Corp)

No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Base Rent, Additional Rent or any late charges, additional rent and other charge sums then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment payments due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed a waiver, an agreement or an as accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy in this Lease provided. TENANT'S PAYMENT OF ANY AMOUNTS UNDER THIS LEASE SHALL NOT BE DEEMED A WAIVER OF TENANT'S RIGHT TO PROTEST SUCH AMOUNTS AS NOT BEING OWED HEREUNDER.

Appears in 1 contract

Samples: Lease Agreement (Etoys Inc)

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