No Waiver by Tenant. Tenant's failure to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease on Landlord's part to be performed, shall not be deemed a waiver of such breach or prevent a subsequent act which would have originally constituted a violation of the provisions of this Lease from having all of the force and effect of an original violation of the provisions of this Lease. The payment by Tenant of Rental or performance of any obligation of Tenant hereunder with knowledge of any breach by Landlord of any covenant of this Lease shall not be deemed a waiver of such breach, and payment of the same by Tenant shall be without prejudice to Tenant's right to pursue any applicable remedy against Landlord.
Appears in 3 contracts
Samples: Lease Agreement (National Patent Development Corp), Lease Agreement (Enote Com Inc), Lease Agreement (XL Generation International)
No Waiver by Tenant. Tenant's ’s failure to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease on Landlord's ’s part to be performed, shall not be deemed to be a waiver of such breach or prevent a subsequent act which would have originally constituted a violation of the provisions of this Lease from having all of the force and effect of an original violation of the provisions of this Leasewaiver. The payment by Tenant of any item of Rental or performance of any obligation of Tenant hereunder with knowledge of any breach by Landlord of any covenant of this Lease shall not be deemed a waiver of such breach, and payment of the same by Tenant nor shall be without it prejudice to Tenant's ’s right to pursue any applicable remedy against LandlordLandlord in this Lease provided or otherwise available to Tenant in law or in equity. No provision of this Lease shall be deemed to have been waived by Tenant, unless such waiver is in writing signed by Tenant.
Appears in 2 contracts
Samples: Loan Agreement (Alexanders Inc), Lease (dELiAs, Inc.)