No Waiver by Owner. Failure of the Owner to object to the form or content of the certificate or endorsement or to demand such proof as is required herein shall not constitute a waiver of any insurance requirement set forth herein. Failure of Owner to demand such certificates of insurance, endorsements or other evidence of the Contractor’s full compliance with these insurance requirements, or failure of Owner to identify any deficiency in compliance from the evidence provided, shall not be construed as a waiver of the Contractor’s obligation to obtain and maintain such insurance at all tiers.
No Waiver by Owner. No failure on the part of Owner to exercise any right or remedy under the Contract Documents shall operate as a waiver of any other right or remedy that Owner may have. A waiver by Owner of any breach or failure to perform under the Contract Documents shall not constitute a waiver of any subsequent breach or failure. The failure of Owner to enforce a requirement of the Contract Documents in one or more instances shall not preclude Owner from subsequently enforcing such requirement(s).
No Waiver by Owner. The insurance requirements under this Exhibit can only be waived or modified by Owner by an express written instrument signed by Owner acknowledging the reduced coverages or limits. No other act or omission by Owner or its agents, including but not limited to (i) implicit or verbal acceptance or approval of reduced coverages or limits or (ii) failure to require proof of compliant insurance, will amount to Owner’s waiver of the insurance requirements of this Exhibit.
No Waiver by Owner. No delay or forbearance by Owner in exercising any right or remedy hereunder, or Owner's undertaking or performing any act or matter which is not expressly required to be undertaken by Owner shall be construed, respectively, to be a waiver of Owner's rights or to represent any agreement by Owner to undertake or perform such act or matter thereafter. Waiver by Owner of any breach by Tenant of any covenant or condition herein contained (which waiver shall be effective only if so expressed in writing by Owner) or failure by Owner to exercise any right or remedy in respect of any such breach shall not constitute a waiver or relinquishment for the future of Owner's right to have any such covenant or condition duly performed or observed by Xxxxxx, or of Owner's rights arising because of any subsequent breach of any such covenant or condition, nor bar any right or remedy of Owner in respect of such breach or any subsequent breach. Owner's receipt and acceptance of any payment from Tenant which is tendered not in conformity with the provisions of this Lease or following an Event of Default (regardless of any endorsement or notation on any check or any statement in any correspondence accompanying any payment) shall not operate as an accord and satisfaction or a waiver of the right of Owner to recover any payments then owing by Tenant which are not paid in full, or act as a bar to the termination of this Lease and the recovery of the Premises because of Tenant's previous default.
No Waiver by Owner. No act or failure to act to exercise the rights enjoyed by Owner to demand the obligations owed to Owner by Contractor shall constitute a waiver of any right enjoyed or obligation owed.
No Waiver by Owner. A. The receipt of any rent, or any portion thereof, whether specifically reserved or payable under any of the covenants herein contain, after a default on the part of the Tenant (whether such rent is due before or after such default) shall not be deemed to operate as a waiver of any default or of any current default or of the right of Owner to enforce the payment of any rent herein reserved or to declare a forfeiture to this Lease and to recover the possession of the demised premises provided in this Lease. Nor shall
B. Owner's acceptance of rent during any time in which Tenant is in default of any provision hereunder shall not constitute a waiver of such default, and Tenant specifically agrees and consents that rent must be paid by Tenant during any default and Tenant specifically agrees that such acceptance shall be made without prejudice to Owner's right to Terminate this Lease and shall not be deemed a consent to any default of the Lease.
No Waiver by Owner. Contractor’s failure to provide insurance as required hereunder, or Contractor’s failure to supply certificates of insurance that comply with Section 5.11.d, above, or the failure of Owner to require evidence of insurance or to notify Contractor of any breach by Contractor of the requirements of these provisions, or deficiencies in the insurance obtained, shall not constitute a waiver by Owner of any of the these insurance requirements, or a waiver of any other terms and conditions of this Contract, including Contractor’s obligations to defend, indemnify, and hold harmless Owner, as required herein.
No Waiver by Owner. Owner's failure or delay in exercising any rights under the lease or guaranty or in sending any notices, or requests, or in requiring strict performance or observance of any term or covenant of the lease, shall not waive any of owner's rights created by the guaranty.
No Waiver by Owner. Owner’s failure or delay in exercising any rights under the Lease or Guaranty or in sending any notices, demands, or requests, or in requiring strict performance or observance of any term or covenant of the Lease, shall not waive any of Owner’s rights created by the Guaranty.
No Waiver by Owner. The acceptance of any Work after inspection or testing pursuant to this Paragraph 8.1 shall not constitute acceptance of any element or component of the Project of which such Work is a part, nor shall any acceptance of Work pursuant to this Paragraph 8.1 relieve the Trade Contractor of its responsibility to complete the Work and warrant and guarantee the completed Work in accordance with the Contract Documents.
