Common use of No Waiver by Silence Clause in Contracts

No Waiver by Silence. Failure of either party to complain of any act or omission on the part of the other party shall not be deemed a waiver by the noncomplaining party of any of its rights under this Restated Lease. All waivers must be in writing and signed by the party granting the same. No waiver by either party at any time of any breach of any provisions of this Restated Lease shall be a waiver of a breach of any other provision of this Restated Lease or a consent to any subsequent breach of the same or any other provision. No acceptance by Landlord of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account.

Appears in 3 contracts

Samples: Master Lease Agreement (Getty Realty Corp /Md/), Master Lease (Getty Petroleum Marketing Inc /Md/), Master Lease (Getty Realty Corp /Md/)

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No Waiver by Silence. Failure of either party to complain of any act or omission on the part of the other party shall not be deemed a waiver by the noncomplaining non-complaining party of any of its rights under this Restated Lease. All waivers must be in writing and signed by the party granting the same. No waiver by either party at any time time, express or implied, of any breach of any provisions of this Restated Lease shall be a waiver of a breach of any other provision of this Restated Lease or a consent to any subsequent breach of the same or any other provision. No acceptance by Landlord of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account.

Appears in 2 contracts

Samples: Ground Lease (Eldorado Resorts, Inc.), Ground Lease (HCS Ii Inc)

No Waiver by Silence. Failure of either party to complain of any act or omission on the part of the other party shall not be deemed a waiver by the noncomplaining party 55 of any of its rights under this Restated Lease. All waivers must be in writing and signed by the party granting the same. No waiver by either party at any time time, express or implied, of any breach of any provisions of this Restated Lease shall be a waiver of a breach of any other provision of this Restated Lease or a consent to any subsequent breach of the same or any other provision. No acceptance by Landlord of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account.

Appears in 1 contract

Samples: Prime Lease (A /P I Deposit Corp)

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No Waiver by Silence. Failure of either party to complain of any act or omission on the part of the other party shall not be deemed a waiver by the noncomplaining party of any of its rights under this Restated Lease. All waivers must be in writing and signed by the party granting the same. No waiver by either party at any time time, express or implied, of any breach of any provisions of this Restated Lease shall be a waiver of a breach of any other provision of this Restated Lease or a consent to any subsequent breach of the same or any other provision. No acceptance by Landlord of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account.

Appears in 1 contract

Samples: Master Lease (Getty Petroleum Marketing Inc)

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