NO OTHER WAIVERS OR MODIFICATIONS. 29.01 The failure of either party to insist in any one (1) or more instances upon the strict performance of any one (1) or more of the obligations of this Lease, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such one (1) or more obligations of this Lease or of the right to exercise such election, but the same shall continue and remain in full force and effect with respect to any subsequent breach, act or omission. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought.
29.02 The following specific provisions of this Section 29.02 shall not be deemed to limit the generality of any of the foregoing provisions of this Article:
(a) No agreement to accept surrender of all or any part of the Demised Premises shall be valid unless in writing and signed by Landlord. The delivery of keys to an employee of Landlord or of its agent shall not operate as a termination of this Lease or a surrender of the Demised Premises. If Tenant shall at any time request Landlord to sublet the Demised Premises for Tenant’s account, Landlord or its agents is authorized to receive said keys for such purposes 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 except if such loss or damage is caused by Landlord’s negligence or willful misconduct.
(b) The receipt by Landlord of rent with knowledge of breach of any obligation of this Lease shall not be deemed a waiver of such breach.
(c) No payment by Tenant or receipt by Landlord of a lesser amount than the correct Fixed Rent or Additional Rent due hereunder shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any letter accompanying any check or payment without prejudice to Landlord’s right to recover the balance or pursue any other remedy in this Lease or at law provided.
NO OTHER WAIVERS OR MODIFICATIONS. 28.01. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the obligations of this Lease, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such one or more obligations of this Lease or of the right to exercise such election, but the same shall continue and remain in full force and effect with respect to any subsequent breach, act, or omission. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge, or termination of effectuation of the abandonment is sought.
NO OTHER WAIVERS OR MODIFICATIONS. 56 ARTICLE 30 Curing Tenants Defaults, Additional Rent ..........................57 ARTICLE 31 Broker.............................................................58 ARTICLE 32 Notices............................................................58 ARTICLE 33
NO OTHER WAIVERS OR MODIFICATIONS. Except as expressly waived and modified in Sections 1.1, 1.2 and 1.3 of this Fifth Amendment, the Credit Documents shall continue in full force and effect in the form in effect immediately prior to the Effective Date and no other modification or waiver of the Credit Documents shall be deemed effected hereby.
NO OTHER WAIVERS OR MODIFICATIONS. The failure of Landlord to (a) exercise any right or remedies; (b) insist upon the strict performance of any obligation under this Lease; or (c) exercise any election herein shall not be a waiver of such right or remedy. Such rights, remedies and elections shall continue in full force.
NO OTHER WAIVERS OR MODIFICATIONS. The Landlord and Tenant mutually covenant and agree that the failure of the Landlord to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith or acceptance of Rent after occurrence thereof, shall not waive such default but the Landlord shall have the right to declare any such default at any time and take such action as might be lawful or authorized, either in law or at equity. The receipt by the Landlord of rent from any assignee, sublessee or other occupant of the Demised Premises shall not be deemed a waiver of the terms of this Lease prohibiting such assignment or subleasing or any acceptance of such assignee, sublessee or other occupant or a release of Tenant from the further observance of all terms and covenants hereof The failure of either party to insist (in any one or more instances) upon the strict performance of any one or more of the terms or conditions of this Lease or to exercise any right, remedy or election herein contained shall not be construed as a waiver or relinquishment for the future of the performance of such one or more obligations of this Lease or of the right to exercise such election but the same shall continue and remain in full force and effect with respect to any subsequent breach, act or omission. No agreement hereafter made between the Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect any abandonment of this Lease in whole or in part unless such agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought.
NO OTHER WAIVERS OR MODIFICATIONS. 28.01. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the obligations of this lease, or to exercise any election herein contained, shall not be construed as a waiver
NO OTHER WAIVERS OR MODIFICATIONS. 35 29 Curing Tenant's Defaults ....................................... 35 30 Broker ......................................................... 36 31 Notices ........................................................ 36 32
NO OTHER WAIVERS OR MODIFICATIONS. 30 ARTICLE 30
NO OTHER WAIVERS OR MODIFICATIONS. 37 ARTICLE 30. DURING TENANT'S DEFAULTS, ADDITIONAL RENT ................................................ 38
