Common use of No Waiver of Breach Clause in Contracts

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by Lessee.

Appears in 11 contracts

Samples: Terminal Lease Agreement, Terminal Lease Agreement, Lease Agreement

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No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Xxxxxx requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeXxxxxx.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Concessionaire requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeConcessionaire.

Appears in 2 contracts

Samples: Temporary Food Cart Lease and Concession Agreement, Lease and Concession Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseLease Agreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent any sum (including Land Rent, Customer Facility Charges, Reimbursable M&O Costs) or feescharge otherwise payable by Operator, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Operator requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeOperator.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseConcession Agreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent Concession Fees, or feesother sum or charge otherwise payable by Concessionaire, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Concessionaire requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeConcessionaire.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

No Waiver of Breach. The failure of the Port either party to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Tenant requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeXxxxxx. The consent or approval of Tenant to or of any act by the Port requiring the Tenant’s consent or approval shall not be deemed to waive or render unnecessary Tenant's consent or approval to or of any subsequent similar acts by the Port.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAmended and Restated Agreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Tenant requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeTenant.

Appears in 1 contract

Samples: Cruise Facility Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent Space Rent, Concession Fees or feesother sum or charge otherwise payable by Concessionaire, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Concessionaire requiring the Port’s Port‟s consent or approval shall not be deemed to waive or render unnecessary the Port’s Port‟s consent or approval to or of any subsequent similar acts by LesseeConcessionaire.

Appears in 1 contract

Samples: Rental Car Lease and Concession Agreement

No Waiver of Breach. The failure of the Port either party to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Tenant requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeXxxxxx. The consent or approval of Tenant to or of any act by the Port requiring the Tenant’s consent or approval shall not be deemed to waive or render unnecessary Tenant’s consent or approval to or of any subsequent similar acts by the Port.

Appears in 1 contract

Samples: Ground Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Tenant requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeTenant.

Appears in 1 contract

Samples: Ground Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeXxxxxx.

Appears in 1 contract

Samples: Lease Agreement

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No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by Lessee.

Appears in 1 contract

Samples: Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent Licensee Fee or feesother amounts, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Licensee requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeLicensee.

Appears in 1 contract

Samples: License Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee the City requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by Lesseethe City.

Appears in 1 contract

Samples: Lease Agreement

No Waiver of Breach. The failure of the Port either party to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Tenant requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeTenant. The consent or approval of Tenant to or of any act by the Port requiring the Tenant’s consent or approval shall not be deemed to waive or render unnecessary Tenant's consent or approval to or of any subsequent similar acts by the Port.

Appears in 1 contract

Samples: Ground Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Tenant requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeXxxxxx.

Appears in 1 contract

Samples: Ground Lease Agreement

No Waiver of Breach. The failure of the Port to insist in any one or more instances, upon a strict performance of any of the covenants of this LeaseAgreement, or to exercise any option herein containedoption, shall not be construed as a waiver of or relinquishment for the future of the performance of such covenant, or the right to exercise such option, but the same covenant and option shall continue and remain in full force and effect. The receipt by the Port of the Rent or fees, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Port of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Port. The consent or approval of the Port to or of any act by Lessee Concessionaire requiring the Port’s consent or approval shall not be deemed to waive or render unnecessary the Port’s consent or approval to or of any subsequent similar acts by LesseeConcessionaire.

Appears in 1 contract

Samples: Lease and Concession Agreement

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