Common use of NO WAIVER; ENTIRE AGREEMENT Clause in Contracts

NO WAIVER; ENTIRE AGREEMENT. Section 31.01. The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease, or any of the Rules and Regulations set forth or hereafter adopted by Landlord shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the Rules and Regulations set forth, or hereafter adopted, against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provision of this Lease shall be deemed to have been waived by Landlord, unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided.

Appears in 3 contracts

Samples: Office Lease (Citysearch Inc), Office Lease (Ticketmaster Online Citysearch Inc), Medialink Worldwide Inc

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NO WAIVER; ENTIRE AGREEMENT. Section 31.0130.01. The failure of Landlord either party to seek redress for violation of, or to insist upon the strict performance ofof any covenant, any covenant agreement, term, provision or condition of this Lease, or any of the Rules rules and Regulations set forth or hereafter adopted by Landlord regulations, shall not prevent constitute a waiver thereof, and the parties shall have all remedies provided herein and by applicable law with respect to any subsequent act act, which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant covenant, agreement, term, provision or condition of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the Rules and Regulations set forth, or hereafter adopted, against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provision of this Lease shall be deemed to have been waived by Landlord, unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the that monthly rent Fixed Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rentsuch Fixed Rent or additional rent or other charge owing by Tenant, as Landlord shall elect, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed binding on Landlord or an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such the Fixed Rent, additional rent or other charges owing by Xxxxxx, and to pursue any other each and every remedy in this Lease or by law provided. The receipt and retention by Landlord of Fixed Rent or additional rent from anyone other than Tenant shall not be deemed a waiver by Landlord of any breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such other person as a tenant, or a release of Tenant from the further performance by Tenant of the covenants, agreements, terms, provision and conditions herein contained.

Appears in 2 contracts

Samples: Inter Parfums Inc, Inter Parfums Inc

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NO WAIVER; ENTIRE AGREEMENT. Section 31.01. SECTION 13.01 The failure of Landlord to seek redress for violation of, or to ------------- insist upon the strict performance ofof any covenant, any covenant agreement, term, provision or condition of this Lease, or any of the Rules shall not constitute a waiver thereof and Regulations set forth or hereafter adopted by Landlord shall not prevent a have all remedies provided herein and by applicable law with respect to any subsequent act act, which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant covenant, agreement, term, provision or condition of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the Rules and Regulations set forth, or hereafter adopted, against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provision of this Lease shall be deemed to have been waived by Landlordwaived, unless such waiver be in writing signed by Landlordthe party against whom enforcement is sought. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rentsuch rent or additional rent or other charge owing by Tenant, as Landlord shall elect, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed binding on Landlord or an accord and satisfaction, and Landlord may accept such check or of payment without prejudice to Landlord's right to recover the balance of such the rent, additional rent or other charges owing by Tenant, and to pursue any other each and every remedy in this Lease or by law provided. Each right and remedy of Landlord provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise.

Appears in 1 contract

Samples: Community Partners Bancorp

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