Common use of No Other Waiver Clause in Contracts

No Other Waiver. Section 27.01. The failure of Landlord to insist in any instance upon the strict performance of any term of this Lease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation or such right, out the same shall continue and remain in full force and effect with respect to any continuance thereof or any subsequent breach, act or omission. Section 27.02. The following specific provisions of this Section shall not limit the generality of the provisions of this Article: (a) No agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. (b) The receipt or acceptance by Landlord of rent with knowledge of breach by Tenant of any term of this Lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant of a lesser amount than the correct rent or the amount shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's right to recover the balance or pursue any other right. (d) Neither any option granted to Tenant in this Lease or in any collateral instrument to renew or extend the Term, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, to terminate this Lease or any renewal or extension of the term either during the original Term or during the renewed or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation"). Any termination of this Lease shall serve to terminate any such renewal or extension of the Term, whether or not Tenant shall have exercised any option to renew or extend the Term. No option granted to Tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew or extend granted to Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace period.

No Other Waiver. Section 27.01. 27.01 The failure of Landlord either party to insist in any instance upon the strict performance of any term of this Lease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation of this Lease or of the right to exercise any such right, out but the same shall continue and remain in full force and effect with respect to any continuance thereof or any subsequent breach, act or omission. Section 27.02. 27.02 The following specific provisions of this Section shall not limit the generality of the provisions of this Article: (a) No agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. Without limiting the generality of the preceding sentence, if, subject to the provisions of Article 22, Tenant shall at any time request Landlord to sublet the Premises for Tenant's account, Landlord or Landlord's agent is authorized to receive said keys for such purpose without releasing Tenant from any of its obligations under this Lease, and Tenant hereby releases Landlord from any liability for loss or damage to any of Tenant's Property in connection with such subletting. (b) The receipt or acceptance by Landlord of rent with knowledge of breach by Tenant of any term of this Lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant of a lesser amount than the correct rent or the amount shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's right to recover the balance or pursue any other rightright of Landlord. (d) Neither any option granted to Tenant in this Lease or in any collateral instrument to renew or extend the Term, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, to terminate this Lease or any renewal or extension of the term either during the original Term or during the renewed or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation"). Any termination of this Lease shall serve to terminate any such renewal or extension of the Termextension, whether or not Tenant shall have exercised any option to renew or extend the Term. Any such option or right on the part of Landlord to terminate this Lease shall continue during any extension or renewal of the Term. No option granted to Tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew extend the Term. (e) No waiver by Landlord in favor of any other tenant or extend granted to occupant of the Building shall constitute a waiver in favor of the Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace periodnamed herein.

No Other Waiver. Section 27.01. 27.01 The failure of Landlord either party to insist in any instance upon the strict performance of any term of this Lease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation of this Lease or of the right to exercise any such right, out but the same shall continue and remain in full force and effect with respect to any continuance thereof or any subsequent breach, act or omission. Section 27.02. 27.02 The following specific provisions of this Section shall not limit the generality of the provisions of this Article: (a) No agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. (b) The receipt or acceptance by Landlord of rent Rent with knowledge of breach by Tenant (or the receipt or acceptance by Tenant of payments due from Landlord with knowledge of breach by Landlord) of any term of this Lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant of a lesser amount than the correct rent or the amount Rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's ’s right to recover the balance or pursue any other rightright of Landlord. (d) Neither any option granted to Tenant in this Lease or in any collateral instrument to renew or extend the Term, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, to terminate this Lease or any renewal or extension extended term on account of any default of Tenant hereunder or in the term either during the original Term event of a fire or during the renewed other casualty or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation")Taking. Any termination of this Lease shall serve to terminate any such renewal or extension of the Termextension, whether or not Tenant shall have exercised any option to renew or extend the Term. Any such option or right on the part of Landlord to terminate this Lease shall continue during any extension or renewal of the Term. No option granted to Tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew extend the Term. (e) No waiver by Landlord in favor of any other tenant or extend granted to occupant of the Building shall constitute a waiver in favor of the Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace periodnamed herein.

No Other Waiver. Section 27.01. 27.01 The failure of Landlord to insist in any instance upon the strict performance of any term of this Lease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation of this Lease or of the right to exercise any such right, out but the same shall continue and remain in full force and effect with respect to any continuance thereof or any subsequent breach, act or omission. Section 27.02. 27.02 The following specific provisions of this Section shall not limit the generality of the provisions of this Article: (a) No agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. Without limiting the generality of the preceding sentence, if, subject to the provisions of Article 22, Tenant shall at any time request Landlord to sublet the Premises for Tenant’s account, Landlord or Landlord’s agent is authorized to receive said keys for such purpose without releasing Tenant from any of its obligations under this Lease, and Tenant hereby releases Landlord from any liability for loss or damage to any of Tenant’s Property in connection with such subletting. (b) The receipt or acceptance by Landlord of rent with knowledge of breach by Tenant of any term of this Lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant of a lesser amount than the correct rent or the amount shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's ’s right to recover the balance or pursue any other rightright of Landlord. (d) Neither any option granted to Tenant in this Lease or in any collateral instrument to renew or extend the Term, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, to terminate this Lease or any renewal or extension of the term either during the original Term or during the renewed or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation"). Any termination of this Lease shall serve to terminate any such renewal or extension of the Termextension, whether or not Tenant shall have exercised any option to renew or extend the Term. Any such option or right on the part of Landlord to terminate this Lease shall continue during any extension or renewal of the Term. No option granted to Tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew extend the Term. (e) No waiver by Landlord in favor of any other tenant or extend granted to occupant of the Building shall constitute a waiver in favor of the Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace periodnamed herein.

No Other Waiver. Section 27.01. The failure of Landlord or Tenant to insist in any instance upon the strict performance of any term of this Lease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation or such right, out but the same shall continue and remain in full force and effect with respect to any continuance thereof or any subsequent breach, act or omission. Section 27.02. The following specific provisions of this Section shall not limit the generality of the provisions of this ArticleSection: (a) No agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. Without limiting the generality of the preceding sentences, if, subject to the provisions of Article 13, Tenant shall at any time request Landlord to sublet the Premises for Tenant's account, Landlord or Landlord's agent is authorized to receive said keys for such purpose without releasing Tenant from any of its obligations under this Lease, and Tenant hereby releases Landlord from any liability for loss or damage to any of Tenant's Property in connection with such subletting, unless said loss or damage is caused by Landlord's gross negligence or willful misconduct. (b) The receipt or acceptance by Landlord of rent Rent with knowledge of breach by Tenant of any term of this Lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant of a lesser amount than the correct rent or the amount shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's right to recover the balance or pursue any other rightright of Landlord. (d) Neither any option granted to Tenant in this Lease or in any collateral instrument to renew or extend the Term, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, to terminate this Lease or any renewal or extension of the term either during the original Term or during the renewed or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation"). Any termination of this Lease shall serve to terminate any such renewal or extension of the Term, whether or not Tenant shall have exercised any option to renew or extend the Term. No option granted to Tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew or extend granted to Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace period.

No Other Waiver. Section 27.01. SECTION 27.01 The failure of Landlord to insist in any instance upon the strict performance of any term of this Lease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation of this Lease or of the right to exercise any such right, out but the same shall continue and remain in full force and effect with respect to any continuance thereof or any subsequent breach, act or omission. Section 27.02. SECTION 27.02 The following specific provisions of this Section shall not limit the generality of the provisions of this Article:. (a) No agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. Without limiting the generality of the preceding sentence, if, subject to the provisions of Article 22, Tenant shall at any time request Landlord to sublet the Premises for Tenant's account, Landlord or Landlord's agent is authorized to receive said keys for such purpose without releasing Tenant from any of its obligations under this Lease, and Tenant hereby releases Landlord from any liability for loss or damage to any of Tenant's Property in connection with such subletting. (b) The receipt or acceptance by Landlord of rent with knowledge of breach by Tenant of any term of this Lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant of a lesser amount than the correct rent or the amount shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's right to recover the balance or pursue any other rightright of Landlord. (d) Neither any option granted to Tenant in this Lease or in any collateral instrument to renew or extend the Term, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, have to terminate this Lease or any renewal or extension of the term Term either during the original Term or during the renewed or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation"). Any termination of this Lease shall serve to terminate any such renewal or extension of the TermTerm and any right of Tenant to any such renewal or extension, whether or not Tenant shall have exercised any option to renew or extend the Term. Any such option or right on the part of Landlord to terminate this Lease shall continue during any extension or renewal of the Term. No option granted to Tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew extend the Term. (e) No waiver by Landlord in favor of any other tenant or extend granted to occupant of the Building shall constitute a waiver in favor of the Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace periodnamed herein.

No Other Waiver. Section 27.01. 27.01 The failure of Landlord or Tenant to insist in any instance upon the strict performance of any term of this Leaselease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation of this Lease or of the right to exercise any such right, out but the same shall continue and remain in full force and effect with respect to any continuance thereof or 46 47 any subsequent breach, act or omission. Section 27.02. 27.02 The following specific provisions of this Section shall not limit the generality of the provisions of this Article: (a) No no agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. Without limiting the generality of the preceding sentence, if, subject to the provisions of Article 22, Tenant shall at any time request Landlord to sublet the Premises for Tenant's account, Landlord or landlord agent is authorized to receive said keys for such purpose without releasing Tenant from any of its obligations under this Lease, and Tenant hereby releases Landlord from any liability for loss or damage to any of Tenant's Property in connection with such subletting. (b) The receipt or acceptance by Landlord landlord of rent with knowledge of breach by Tenant of any term of this Lease lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant landlord of a lesser amount than the correct rent or the amount shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's right to recover the balance or pursue any other rightright of Landlord. (d) Neither any option granted grant to Tenant tenant in this Lease lease or in any collateral instrument to renew or extend the Termterm, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, to terminate this Lease lease or any renewal or extension of the term either during the original Term or during the renewed or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation"). Any termination of this Lease shall serve to terminate any such renewal or extension of the Termextension, whether or not Tenant shall have exercised any option to renew or extend the Term. Any such option or right on the part of Landlord to terminate this lease shall continue during any extension or renewal of the Term. No option granted to Tenant tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew extend the Term. (e) No waiver by Landlord in favor of any other tenant or extend granted to occupant of the Building shall constitute a waiver in favor of the Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace periodnamed herein.

No Other Waiver. Section 27.01. 26.01 The failure of Landlord or Tenant to insist in any instance upon the strict performance of any term of this Lease, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligation of this Lease or of the right to exercise any such right, out but the same shall continue and remain in full force and effect with respect to any continuance thereof or any subsequent breach, act or omission. Section 27.02. 26.02 The following specific provisions of this Section shall not limit the generality of the provisions of this Article: (a) No agreement to accept a surrender of all or any part of the Premises or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys to the Premises by Tenant to Landlord shall operate as a termination of this Lease or a surrender of the Premises or this Lease. Without limiting the generality of the preceding sentence, if, subject to the provisions of Article 21, Tenant shall at any time request Landlord to sublet the Premises for Tenant's account, Landlord or Landlord's agent is authorized to receive said keys for such purpose without releasing Tenant from any of its obligations under this Lease, and Tenant hereby releases Landlord from any liability for loss or damage to any of Tenant's Property in connection with such subletting. (b) The receipt or acceptance by Landlord of rent with knowledge of breach by Tenant of any term of this Lease shall not be deemed a waiver of such breach. (c) No payment by Landlord or Tenant or receipt by Landlord or Tenant of a lesser amount than the correct rent or the amount shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any accompanying letter be deemed to effect or evidence an accord and satisfaction, and Landlord and Tenant may accept such check or payment without prejudice to Landlord's or Tenant's right to recover the balance or pursue any other rightright of Landlord. (d) Neither any option granted to Tenant in this Lease or in any collateral instrument to renew or extend the Term, nor the exercise of any such option by Tenant, shall prevent Landlord from exercising any option or right granted or reserved to Landlord in this Lease or in any subsequent collateral instrument or that Landlord may otherwise have, to terminate this Lease or any renewal or extension of the term either during the original Term or during the renewed or extended term. Any renewal or extension right granted to Tenant shall be personal to Tenant and may not be exercised by any assignee (except a "successor corporation"). Any termination of this Lease shall serve to terminate any such renewal or extension of the Term, whether or not Tenant shall have exercised any option to renew or extend the Term. Any such option or right on the part of Landlord to terminate this Lease shall continue during any extension or renewal of the Term. No option granted to Tenant to renew or extend the Term shall be deemed to give Tenant any further option to renew or extend. Any option to renew extend the Term. (e) No waiver by Landlord in favor of any other tenant or extend granted to occupant of the Building shall constitute a waiver in favor of the Tenant shall immediately cease, terminate and expire if Tenant shall be in default under Section 17.01A(a) or (b) beyond any applicable notice and grace periodnamed herein.