Common use of NO OTHER WAIVERS OR MODIFICATIONS Clause in Contracts

NO OTHER WAIVERS OR MODIFICATIONS. 29.01 The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the agreements, terms, covenants, conditions or obligations 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. The manner of enforcement or the failure of Landlord to enforce any of the Rules and Regulations set forth herein, or hereafter adopted against the Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. 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 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.

Appears in 4 contracts

Samples: Lease (Total Tel Usa Communications Inc), Agreement (Synapse Group Inc), Lease (Clarus Corp)

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NO OTHER WAIVERS OR MODIFICATIONS. 29.01 The failure of either party Landlord to insist in on any one or more instances upon the strict performance of any one or more of the agreements, terms, covenants, conditions or obligations of this Lease, Exhibits and Riders thereto, 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. The manner of enforcement or the failure of Landlord to enforce any of the Rules and Regulations set forth herein, or hereafter adopted against the Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect affect 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.

Appears in 2 contracts

Samples: Office Lease (Focal Communications Corp), Office Lease (Star Telecommunications Inc)

NO OTHER WAIVERS OR MODIFICATIONS. 29.01 The failure of either party Landlord to insist in on any one or more instances upon the strict performance of any one or more of the agreements, terms, covenants, conditions or obligations of this Lease, Exhibits and Riders thereto, 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. The manner of enforcement or the failure of Landlord to enforce any of the Rules and Regulations set forth herein, or hereafter adopted against the Tenant and/or any other tenant in the Building shall not be deemed ,a waiver of any such Rules and Regulations. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect affect 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.

Appears in 1 contract

Samples: Office Lease (Threshold Pharmaceuticals Inc)

NO OTHER WAIVERS OR MODIFICATIONS. 29.01 29.01. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the agreements, terms, covenants, conditions or obligations 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. The manner of enforcement or the failure of Landlord to enforce any of the Rules and Regulations set forth herein, or hereafter adopted against the Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. 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 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.

Appears in 1 contract

Samples: Lease (Clean Diesel Technologies Inc)

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NO OTHER WAIVERS OR MODIFICATIONS. 29.01 25.01 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 instances) upon the strict performance of any one or more of the agreements, terms, covenants, terms or conditions or obligations of this Lease, Lease or to exercise any right, remedy or election herein contained, 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, election but the same shall continue and remain in full force and effect with respect to any subsequent breach, act or omission. The manner of enforcement or the failure of Landlord to enforce any of the Rules and Regulations set forth herein, or hereafter adopted against the Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No executory agreement hereafter made between the Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an any abandonment of this Lease, Lease in whole or part, 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.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Usb Holding Co Inc)

NO OTHER WAIVERS OR MODIFICATIONS. 29.01 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 agreements, terms, covenants, conditions or obligations of this Lease, or to exercise any right, remedy or election herein contained, or to perform any act or fail to perform any act, 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. The manner of enforcement or the failure of Landlord to enforce any of the Rules and Regulations set forth herein, or hereafter adopted against the Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. 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 which enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought.

Appears in 1 contract

Samples: RSL Communications PLC

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