Common use of NON-WAIVER OF DEFAULT Clause in Contracts

NON-WAIVER OF DEFAULT. The failure or delay by Landlord to enforce or exercise at any time any of its rights or remedies or other provisions of this Lease will not be construed to be a waiver thereof, nor affect the validity of any part of this Lease or the right of Landlord thereafter to enforce each and every such right or remedy or other provision. No waiver by Landlord of any Default or breach of this Lease will be held to be a waiver of any other or subsequent Default or breach. The receipt by Landlord of less than the full Rent due will not be construed to be other than a payment on account of Rent then due, no statement on Tenant’s check or any letter accompanying Tenant’s check be deemed an accord and satisfaction, and Landlord may accept any payment without prejudice to Landlord’s right to recover the balance of the Rent due or to pursue any other remedies provided in this Lease or available at law or in equity.

Appears in 4 contracts

Samples: Lease Agreement (Exelixis, Inc.), Lease Agreement (Singulex Inc), Lease Agreement (Ryland Group Inc)

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NON-WAIVER OF DEFAULT. The failure or delay by Landlord either party hereto to enforce or exercise at any time any of its the rights or remedies or other provisions of this Lease will shall not be construed to be a waiver thereof, nor affect the validity of any part of this Lease or the right of Landlord either party thereafter to enforce each and every such right or remedy or other provision. No waiver by Landlord of any Default default or breach of this Lease will shall be held to be a waiver of any other or subsequent Default default or breach. The receipt by Landlord of less than the full Rent rent due will shall not be construed to be other than a payment on account of Rent rent then due, no statement on Tenant’s 's check or any letter accompanying Tenant’s 's check be deemed an accord and satisfaction, and Landlord may accept any payment without prejudice to Landlord’s 's right to recover the balance of the Rent rent due or to pursue any other remedies provided in this Lease or available at law or in equity.

Appears in 2 contracts

Samples: Office Space Lease (Cayenta Inc), Office Space Lease (Kaleidoscope Media Group Inc)

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NON-WAIVER OF DEFAULT. The failure or delay by Landlord or Tenant to enforce or exercise at any time any of its rights or remedies or other provisions of set forth in this Lease will not be construed to be a waiver thereof, nor affect the validity of any part of this Lease or the right of Landlord or Tenant thereafter to enforce each and every such right or remedy or other provision. No waiver by Landlord or Tenant of any Default default or breach of this Lease will be held to be a waiver of any other or subsequent Default default or breach. The receipt by Landlord of less than the full Rent due will not be construed to be other than a payment on account of Rent then due, no statement on Tenant’s check or any letter accompanying Tenant’s check be deemed an accord and satisfaction, and Landlord may accept any payment without prejudice to Landlord’s right to recover the balance of the Rent due or to pursue any other remedies provided in this Lease or available at law or in equity. 21.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

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