Common use of No Implied Surrender or Waiver Clause in Contracts

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s agents or employees shall not operate as a termination of the Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions The failure of this Lease shall be deemed either party to have been waived by seek redress for violation of, or to insist upon the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of strict performance of, any term covenant or condition of this Lease or any of the rules and regulations set forth in Exhibit C to this Lease or hereafter adopted by Landlord shall not prevent a subsequent act, which would have originally constituted a breachviolation, from having all the force and effect of any an original breachviolation. Failure of the Landlord to insist upon strict performance The receipt by either party of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent sums due hereunder with knowledge of a the breach by the Tenant of any term or condition covenant of the this Lease shall not be deemed a waiver of such term breach. The failure of Landlord to enforce any of the rules and regulations set forth in Exhibit C, or conditionhereafter adopted, against Tenant shall not be deemed a waiver of such rules and regulations or any part thereof. Except as set forth in this Lease, no provisions of this Lease shall be deemed to have been waived by either party hereto unless such waiver is in writing signed by such party. No act or thing done by the Landlord or Landlord, its 's agents or employees during the Term of this Lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a such surrender shall be valid unless in writing signed by Landlord. No employees of Landlord or of Landlord's agents shall have any power to accept the keys of the Premises shall be valid, unless in writing and signed by prior to the Landlordtermination of this Lease. The delivery of keys to any employee of the Landlord’s agents , or employees of Landlord's agents, shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenantone party, or receipt by the Landlordother party, of a lesser amount than the Rent any sums due hereunder hereunder, shall be deemed to be other than on account of the earliest stipulated Rentamount, nor shall any endorsement or statement on any cheque check or any letter accompanying any cheque, check or payment as Rent, rent be deemed an accord and satisfaction, and the Landlord receiving party may accept such cheque check or payment without prejudice to the Landlord’s such party's right to recover the balance of such Rent amount or pursue any other remedy available to such party. Whenever the Landlordconsent or approval of a party is required under this Lease, such consent or approval shall not be unreasonably withheld, delayed or conditioned unless expressly provided herein to the contrary, and shall be deemed given if such party has not responded within ten (10) days of the other party's request for the same if such request reminds the recipient that the request is deemed given if there is no response within ten (10) days. Further, in the event any costs or expenses (including attorney fees) are to be reimbursed by one party to the other, such expenses shall be reasonable in amount and the incurring of such expenses shall be reasonable. In the event either party commences arbitration or litigation in order to enforce its rights under this Lease or as a result of a default by the other party, the losing party shall pay the reasonable attorney fees and expenses incurred by the prevailing party.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord a party unless such waiver is in writing and signed by the Landlordthat party. The LandlordA party’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, act or omission which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord’s failure to enforce against Tenant or conditionany other tenant any rule or regulation made under Article 11 shall not be deemed a waiver of such rule and regulation. No act or thing done by the Landlord, its agents or employees during the Term Term, without limitation including inspection, repair, re-entry, or sale or leasing (or attempts thereat) of all or any part of the Premises shall be deemed a constructive termination of this Lease or an acceptance of a surrender of the Premises, or an eviction of Tenant or a breach of the covenant of quiet enjoyment and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter communication accompanying any cheque, or payment as of Rent be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any communication accompanying any cheque, or payment of Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to Landlord. The acceptance by Landlord of Rent or any installment or proportion of Rent from any person other than Tenant shall not be construed as a recognition or acceptance of the right of such person to use or occupy the Premises, nor as a waiver of any of Landlord’s rights hereunder.

No Implied Surrender or Waiver. Lessor and Lessee agree that no act or thing done by Lessor or its agents during the term of this Lease shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept a surrender of the Leased Premises shall be valid, unless the same be made in writing and subscribed by Lessor. The mention in this Lease of any particular remedy shall not preclude Lessor from any other remedy Lessor might have, either in law or in equity, nor shall the waiver of any violation of any covenant or condition contained in this Lease or any of the rules and regulations set forth herein, or hereafter adopted by Lessor, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of any original violation. In case it should be necessary or proper for Lessor to bring any action under this Lease or to place this Lease with an attorney for the enforcement of any of Lessor's right hereunder, then Lessee agrees in each and any such case to reimburse Lessor for Lessor's reasonable attorney's fees and legal expenses, including, but not limited to, in-house legal expenses. The receipt by Lessor of rent with knowledge of the breach of any covenant in this Lease, shall not be deemed a waiver of such breach. The failure to enforce any of the rules and regulations set forth herein, or hereafter adopted, against Lessee and/or any other Lessee in the Building shall not be deemed a waiver of such rules and regulations or any thereof. The receipt by Lessor of rent from any assignee, subtenant, or occupant of the Leased Premises shall not be deemed a waiver of the covenant contained in this Lease against assignment and subletting, or an acceptance of the assignee, subtenant or occupant as Lessee, or a release of Lessee from the further observance of performance by Lessee of the covenants in this Lease to be observed and performed by the Lessee. No provisions of this Lease shall be deemed to have been waived by the Landlord Lessor unless such waiver is be in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s agents or employees shall not operate as a termination of the Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the LandlordLessor.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term term, covenant or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term term, covenant or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rentfull Rent due, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or payment as of Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease act or thing done by the CITY or its agents during any term hereby granted, shall be deemed an acceptance or a surrender of the Leased Premises, and no agreement to have been waived by accept a surrender of the Landlord Leased Premises shall be valid, unless such waiver is the same shall be made in writing and signed by the LandlordCITY. The Landlord’s mention in this Agreement of any particular remedy shall not preclude the CITY or the COMPANY from any other remedy the CITY or the COMPANY might have, whether in law or in equity, nor shall the waiver of a breach any violations of any term covenant or condition of in this Lease shall not Agreement prevent a subsequent act, which would have originally constituted a breachviolation, from having all of the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or rightviolation. The Landlord’s receipt by the CITY of Rent rent with knowledge of a the breach by the Tenant of any term or condition of covenant in the Lease shall not be deemed a waiver of such term breach. The failure of the CITY or conditionthe COMPANY to enforce any of the conditions set forth herein shall not be deemed a waiver of such conditions. No act or thing done The receipt by the LandlordCITY of rent from any assignee, its agents subtenant or employees during occupant of the Term Leased Premises shall not be deemed a waiver of the covenant Paragraph 18 against assignment and subletting without written consent of the CITY, or an acceptance of the assignee, subtenant or occupant as the COMPANY, or a surrender release of the Premises, and no agreement to accept a surrender COMPANY from the further observance of performance by the COMPANY of the Premises shall be valid, unless covenants in writing and signed by the Landlord. The delivery of keys to any Lease contained on the part of the Landlord’s agents or employees shall not operate as a termination COMPANY to be observed and performed. No provision of the Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder Agreement shall be deemed to have been waived by the CITY or the COMPANY unless such waiver be other than on account of in writing signed by the earliest stipulated Rent, nor shall any endorsement CITY or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the LandlordCOMPANY.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord either party unless such waiver is in writing and signed by the Landlordwaiving party. The Tenant’s or Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The LandlordXxxxxxxx’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Xxxxxxxx’s failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the LandlordXxxxxxxx, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by Xxxxxxxx. Neither the Landlord. The delivery of keys to nor the acceptance thereof by any of the Landlord’s agents or employees employees, nor the taking possession of the Premises by Landlord after any vacation thereof by Xxxxxx, shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the TenantXxxxxx, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the landlord. Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building of any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement Premises unless agreed to accept in a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque check or any letter accompanying any cheque, check or payment as Rent, Rent be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the LandlordLandlord or any of its agents, its agents representatives or employees during the Term shall be deemed an acceptance of a surrender of the Premises, Premises and no agreement to accept a surrender of the Premises shall be valid, valid unless the same be made in writing and signed subscribed by the Landlord. The delivery mention in this Lease of keys any particular remedy shall not preclude either party from any other remedy which such party might have, either in law or in equity, nor shall the waiver of or redress for any default under this Lease be deemed to constitute a waiver of any subsequent default. The receipt by Landlord or payment by Tenant of rent or any other sum due and payable under this Lease with knowledge of default under this Lease shall not be deemed a waiver of such default. The receipt by Landlord of rent or any other sum due and payable under this Lease from any assignee, subtenant or occupant of the Landlord’s agents or employees Premises shall not operate as be deemed a termination waiver of the covenant in this Lease contained against assignment and subletting, or be deemed to constitute an acceptance of the assignee, subtenant or occupant as tenant or a surrender release of Tenant from the further observance or performance by Tenant of the Premisescovenants of this Lease. No payment by the Tenant, or receipt by the Landlord, provision of a lesser amount than the Rent due hereunder this Lease shall be deemed to have been waived by either party unless such waiver be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept in a writing signed by such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlord.party. INITIAL HERE TENANT INITIAL HERE LANDLORD Argyle 2006

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term term, covenant or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term term, covenant or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord’s failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rentfull Rent due, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or payment as of Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord any party unless such waiver is in writing and signed by the Landlordsuch party. The LandlordA party’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord’s failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, . nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord a party unless such waiver is in writing and signed by the Landlordthat party. The Landlord’s A waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord a party to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with a knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the Landlord, its agents or employees the Landlord’s Employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the LandlordLandlord and the Tenant. The delivery of keys to any of the Landlord’s agents or employees Employees shall not operate as a termination of the Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord or Tenant unless such waiver is in writing and signed by the Landlord or Tenant. Landlord. The Landlord’s 's or Tenant's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of or any term or condition of the this Lease shall not be deemed a waiver of such term breach even in the absence of protest or conditionreservation of rights. Landlord's failure to enforce against Tenant or any other tenant in the Building of any of the Rules and Regulations made hereunder shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement endorsement, or statement on any cheque check or any letter accompanying any chequecheck, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions The failure of this Lease shall be deemed Landlord to have been waived by seek redress for Tenant’s default under, or to insist upon the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of strict performance of, any term covenant or condition of this Lease shall not prevent a subsequent act, which would have originally constituted constitutes a breachdefault by Tenant, from having all the force and effect of any an original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or rightdefault by Tenant. The Landlord’s receipt by Landlord of Rent with knowledge of a the breach by the Tenant of any term or condition covenant of the this Lease shall not be deemed a waiver of such term breach. The failure of Landlord to enforce any of its rules and regulations against Tenant or conditionany other tenant or subtenant in the Commercial Space, the Strata Development or the Resort shall not be deemed a waiver of any or all of such rules and regulations. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord. No act or thing done by the Landlord or Landlord, its ’s agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a such surrender of the Premises shall be valid, valid unless in writing and signed by Landlord. No employees of Landlord or of Landlord’s agents shall have any power to accept the Landlordkeys to the Premises prior to the termination of this Lease. The delivery of keys to any employee of the Landlord, or of Landlord’s agents or employees agents, shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder hereunder, shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, cheque or payment as Rent, Rent be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other right or remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach even in the absence of a protest or conditionreservation of rights. Landlord's failure to enforce against Tenant or any other tenant in the Building any of the Rules and Regulations made hereunder shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of or a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequechecks, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement enforcement or statement on any cheque check or any letter accompanying any chequecheck, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. ‌ No provisions provision of this Lease shall be deemed to have been waived by the Landlord a party unless such waiver is in writing and signed by the Landlordsuch party. The LandlordA party’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The LandlordXxxxxxxx’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term any breach. Xxxxxxxx’s failure to enforce against Tenant or conditionany other tenant in the Park any of the Rules and Regulations shall not be deemed a waiver thereof. No act or thing Nothing done by the Landlord, its agents or employees during the Term Landlord shall be deemed to be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys by Tenant to any of the Landlord’s agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the TenantXxxxxx, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, cheque or payment as Rent, Rent be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or to pursue any other remedy available to the LandlordLandlord unless otherwise agreed to in writing by Xxxxxxxx.

No Implied Surrender or Waiver. No provisions provision of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term any breach. Landlord’s failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations shall not be deemed a waiver thereof. No act or thing Nothing done by the Landlord, its agents or employees during the Term Landlord shall be deemed to be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys by Tenant to any of the Landlord’s agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or to pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord a party unless such waiver is in writing and signed by the Landlordthat party. The Landlord’s A party's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, act or Waiver or omission which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant any rule or regulation made under Article 12 shall not be deemed a waiver of such rule and regulation. No act or thing done by the Landlord, its agents or employees during the Term Term, without limitation including inspection, repair, re-entry, or sale or leasing (or attempts thereat) of all or any part of the Premises shall be deemed a constructive termination of this Lease or an acceptance of a surrender of the Premises, or an eviction of Tenant or a breach of the covenant of quiet enjoyment and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter communication accompanying any cheque, or payment as of Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to Landlord. The acceptance by Landlord of Rent or any instalment or proportion of Rent from any person other than Tenant shall not be construed as a recognition or acceptance of the right of such person to use or occupy the Premises, nor as a waiver of any of Landlord's rights hereunder.

No Implied Surrender or Waiver. No provisions The failure of this Lease shall be deemed Landlord to have been waived by seek redress for Tenant’s default under, or to insist upon the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of strict performance of, any term covenant or condition of this Lease shall not prevent a subsequent act, which would have originally constituted constitutes a breachdefault by Xxxxxx, from having all the force and effect of any an original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or rightdefault by Xxxxxx. The Landlord’s receipt by Landlord of Rent with knowledge of a the breach by the Tenant of any term or condition covenant of the this Lease shall not be deemed a waiver of such term breach. The failure of Landlord to enforce any of its rules and regulations against Tenant or conditionany other tenant or subtenant in the Commercial Space, the Strata Development or the Resort shall not be deemed a waiver of any or all of such rules and regulations. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord. No act or thing done by the Landlord or Landlord, its ’s agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a such surrender of the Premises shall be valid, valid unless in writing and signed by Landlord. No employees of Landlord or of Landlord’s agents shall have any power to accept the Landlordkeys to the Premises prior to the termination of this Lease. The delivery of keys to any employee of the Landlord, or of Landlord’s agents or employees agents, shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the TenantXxxxxx, or receipt by the Landlord, of a lesser amount than the Rent due hereunder hereunder, shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, cheque or payment as Rent, Rent be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other right or remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rentrent to fail due of any unpaid installment of rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease or any of the rules and regulations set forth in Exhibit D to this Lease or hereafter adopted by Landlord shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. If it should be necessary or proper for Landlord to bring any action under this Lease or to place this Lease with any attorney for the enforcement of any of Landlord's rights hereunder, then Tenant agrees to pay to Landlord reasonable attorney's fees. The receipt by Landlord of any sums due hereunder with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations set forth in Exhibit D, or hereafter adopted, against Tenant or any other tenant in the Building shall not be deemed a waiver of such rules and regulations or any part thereof. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the Landlord or Landlord, its 's agents or employees during the Term of this Lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a such surrender shall be valid unless in writing signed by Landlord. No employees of Landlord or of Landlord's agents shall have any power to accept the keys of the Premises shall be valid, unless in writing and signed by prior to the Landlordtermination of this Lease. The delivery of keys to any employee of the Landlord’s agents , or employees of Landlord's agents, shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent any sums due hereunder hereunder, shall be deemed to be other than on account of the earliest stipulated Rentamount, nor shall any endorsement or statement on any cheque check or any letter accompanying any cheque, check or payment as Rent, rent be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent amount or pursue any other remedy available to Landlord. Time is of the Landlordessence hereof.

No Implied Surrender or Waiver. No provisions of this Lease act or thing done by ----------------------------------- Landlord or Landlord's agents during the term hereof, or any extension thereof, shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to have been waived by the Landlord accept such surrender shall be valid unless such waiver is in writing and writing, signed by the Landlord. The Landlord’s mention in this lease of any particular remedy shall not preclude Landlord from any other remedy Landlord might have, either in law or in equity, nor shall the waiver of a breach or redress for any violations of any term covenant or condition in this lease contained, or any of this Lease shall not the rules or regulations set forth herein or hereafter adopted by Landlord prevent a subsequent act, which would have originally constituted a breachviolation, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or rightviolation. The Landlord’s receipt by Landlord of Rent rent with knowledge of a the breach by the Tenant of any term or condition of the Lease covenant in this lease contained, shall not be deemed a waiver of such term breach. The failure of Landlord to enforce any of the rules and regulations set forth herein, or conditionhereafter adopted against Tenant and/or any other Tenant in the building, shall not be deemed a waiver of such rules and regulations or any part thereof The receipt by Landlord of rent from any assignee, subtenant or occupant of said premises shall not be deemed a waiver of the covenant in this lease contained against assignment and subletting, or any acceptance of the assignee, subtenant or occupant as Tenant, or a release of Tenant from the further observance or performance by Tenant of the covenants in this lease contained on the part of Tenant to be observed and performed. No act or thing done by the Landlord, its agents or employees during the Term provision of this lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises have been waived by Landlord unless such waiver shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s agents or employees shall not operate as a termination of the Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder monthly rent herein stipulated, shall be deemed to be other than on account of the earliest stipulated Rentrent, nor shall any endorsement or statement on any cheque check or any letter accompanying any cheque, check or payment as Rentrent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s landlord's right to recover the balance of such Rent rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions provision of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term any breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations shall not be deemed a waiver thereof. No act or thing Nothing done by the Landlord, its agents or employees during the Term Landlord shall be deemed to be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys by Tenant to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or to pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The Neither the delivery of keys to nor the acceptance thereof by any of the Landlord’s 's agents or employees employees, nor the taking possession of the Premises by Landlord after any vacation thereof by Tenant, shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term or conditionbreach. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premisespremises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than that the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or DRAFT: June 6, 1995 payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the LandlordLandlord or any of its agents, its agents representatives or employees during the Term shall be deemed an acceptance of a surrender of the Premises, Premises and no agreement to accept a surrender of the Premises shall be valid, valid unless the same be made in writing and signed subscribed by the Landlord. The delivery mention in this Lease of keys any particular remedy shall not preclude either party from any other remedy which such party might have, either in law or in equity, nor shall the waiver of or redress for any default under this Lease be deemed to constitute a waiver of any subsequent default. The receipt by Landlord of payment by Tenant of rent or any other sum due and payable under this Lease with knowledge of default under this Lease shall not be deemed a waiver of such default. The receipt by Landlord of rent or any other sum due and payable under this Lease from any assignee, subtenant or occupant of the Landlord’s agents or employees Premises shall not operate as be deemed a termination waiver of the covenant in this Lease contained against assignment and subletting, or be deemed to constitute an acceptance of the assignee, subtenant or occupant as tenant or a surrender release of Tenant from the further observance or performance by Tenant of the Premisescovenants of this Lease. No payment by the Tenant, or receipt by the Landlord, provision of a lesser amount than the Rent due hereunder this Lease shall be deemed to have been waived by either party unless such waiver be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept in a writing signed by such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlordparty.

No Implied Surrender or Waiver. No provisions The mention in this lease of this Lease any particular remedy shall be deemed to have been waived by not preclude Landlord from any other remedy Landlord might have, either in law or in equity, nor shall the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s waiver of a breach or redress for any violation of any term covenant or condition in this lease contained or any of this Lease shall not the rules and regulations set forth herein or hereafter adopted by Xxxxxxxx prevent a subsequent act, which would have originally constituted a breachviolation, from having all the force and effect of any original breachviolation. Failure of the in case it should be necessary or proper for Landlord to insist upon strict performance bring any action under this lease or to place said lease with an attorney for the enforcement of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of Landlord’s rights hereunder, then Xxxxxx agrees in each and any such covenant, condition or rightcase to pay Xxxxxxxx’s reasonable attorneys fees and court costs. The Landlord’s receipt by Landlord of Rent rent with knowledge of a the breach by the Tenant of any term or condition of the Lease covenant in this lease contained shall not be deemed a waiver of such term breach. The failure of Landlord to enforce any of the rules and regulations set forth herein, or conditionhereafter adopted, against Tenant and/or any other Tenant shall not be deemed a waiver of such rules and regulations or any part thereof. No provisions of this lease shall be deemed to have been waived by Landlord unless such waiver be in writing signed by Landlord. No act or thing done by the Landlord or Landlord, its ’s agents or employees during the Term term hereof shall be deemed an acceptance of a surrender of the Premisessaid premises, and no agreement to accept a such surrender of the Premises shall be valid, valid unless in writing and signed by an executive officer of Landlord. No employee of Landlord or of Landlord’s agents other than the Landlorddesignated Building Manager shall have any power to accept the keys of said premises prior to the termination of this lease. The delivery of keys to any employee of the Landlord or of Landlord’s agents or employees shall not operate as a termination of the Lease this lease or a surrender of the Premisespremises. No payment by the TenantXxxxxx, or receipt by the Landlord, of a lesser amount than the Rent due hereunder minimum monthly rental herein stipulated shall be deemed to be other than on account amount of the earliest stipulated Rentrent, nor shall any endorsement or statement on any cheque check or any letter accompanying any cheque, check or payment as Rent, rent be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s right to recover the balance of such Rent rent or pursue any other remedy available to Landlord. Time is of the Landlordessence hereof.

No Implied Surrender or Waiver. 20.1 The mention in this Lease of any particular remedy shall not preclude Lessor from any other remedy Lessor might have, either in law or in equity, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease contained or any of the rules and regulations set forth herein or hereafter adopted by Lessor, shall prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of any original violation. In case it should be necessary or proper for Lessor to bring any action under this Lease or to place said Lease with an attorney for the enforcement of any of Lessor’s rights hereunder, then Lessee agrees in each and any such case to pay to Lessor a reasonable attorney’s fee. It is mutually agreed between the parties that the prevailing party shall be entitled to all collection costs included but not limited to reasonable attorney’s fees. The receipt by Lessor of rent with knowledge of the breach of any covenants in this Lease contained shall not be deemed a waiver of such breach. The failure of Lessor to enforce any of the rules and regulations set forth herein, or hereinafter adopted, against Lessee and/or any other Lessee in the Property shall not be deemed a waiver of such rules and regulations or any thereof. No provisions provision of this Lease shall be deemed to have been waived by the Landlord Lessor unless such waiver is be in writing and signed by the Landlord. The Landlord’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or conditionLessor. No act or thing done by the Landlord, its Lessor or Lessor’s agents or employees during the Term term hereof shall be deemed an acceptance of a surrender of the said Premises, and no agreement to accept a such surrender of the Premises shall be valid, valid unless in writing and signed by an executive office of Lessor. No employee of Lessor, or of Lessor’s agents, shall have any power to accept the Landlordkeys of said premises prior to the termination of this Lease. The delivery of keys to any an employee of the LandlordLessor, or of Lessor’s agents or employees agents, shall not operate as a termination of the this Lease or a surrender of the Premisespremises. No payment by the TenantLessee, or receipt by the LandlordLessor, of a lesser amount than the Rent due hereunder minimum monthly rental herein stipulated, shall be deemed to be other than on account of the earliest earlier stipulated Rentrents, nor shall any endorsement or statement on any cheque check or any letter accompanying any chequecheck, or payment as Rentrent, be deemed an in accord and in satisfaction, and the Landlord Lessor may accept such cheque check or payment without prejudice to the LandlordLessor’s right to recover the balance of such Rent rent or pursue any other remedy available to Lessor. Time is of the Landlordessence hereof.

No Implied Surrender or Waiver. No provisions of this the Lease shall be ------------------------------------ deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 7.13. shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rentrent to fall due of any unpaid instalment of rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in writing and signed by the Landlord. The Landlord’s 's waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s 's receipt of Rent with knowledge of a breach by the Tenant of any term or condition of the this Lease shall not be deemed a waiver of such term breach. Landlord's failure to enforce against Tenant or conditionany other tenant in the Building any of the Rules and Regulations made under Article 14.00 shall not be deemed a waiver of such Rules and Regulations. No act or thing done by the Landlord, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the Landlord. The delivery of keys to any of the Landlord’s 's agents or employees shall not operate as a termination of the this Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque check or any letter accompanying any cheque, check or payment as Rent, Rent be deemed an accord and satisfaction, and the Landlord may accept such cheque check or payment without prejudice to the Landlord’s 's right to recover the balance of such Rent or pursue any other remedy available to the Landlord.

No Implied Surrender or Waiver. No provisions of this Lease shall be deemed to have been waived by the Landlord a party unless such waiver is in writing and signed by the Landlordother party. The LandlordA party’s waiver of a breach of any term or condition of this Lease shall not prevent a subsequent act, which would have originally constituted a breach, from having all the force and effect of any original breach. Failure of the Landlord a party to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right. The Landlord’s receipt of Rent with a knowledge of a breach by the Tenant of any term or condition of the Lease shall not be deemed a waiver of such term or condition. No act or thing done by the Landlorda party, its agents or employees during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid, unless in writing and signed by the LandlordLandlord and the Tenant. The delivery of keys to any of the Landlord’s agents or employees shall not operate as a termination of the Lease or a surrender of the Premises. No payment by the Tenant, or receipt by the Landlord, of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque, or payment as Rent, be deemed an accord and satisfaction, and the Landlord may accept such cheque or payment without prejudice to the Landlord’s right to recover the balance of such Rent or pursue any other remedy available to the Landlord.