Common use of Non-Waiver of Defaults Clause in Contracts

Non-Waiver of Defaults. The failure or delay by Landlord or Tenant to enforce or exercise, at any time, any of the rights or remedies or other provisions of this Lease shall 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 of any default and breach of the Lease shall be held to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 3 contracts

Samples: Lease Agreement (Intimate Brands Inc), Lease Agreement (Intimate Brands Inc), Lease Agreement (Intimate Brands Inc)

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Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and and/or breach of the this Lease shall be held deemed to be a waiver of any other default and and/or breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 3 contracts

Samples: Lease Agreement (Celsion CORP), Lease Agreement (Clarient, Inc), Lease Agreement (Eurand N.V.)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Software Artistry Inc), Office Lease (Baldwin Piano & Organ Co /De/)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 2 contracts

Samples: Office Lease, Office Lease

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and and/or breach of the this Lease shall be held deemed to be a waiver of any other default and and/or breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Amsurg Corp), Lease Agreement (Symbion Inc/Tn)

Non-Waiver of Defaults. The failure or delay by Landlord either party thereto to exercise or Tenant to enforce or exercise, at any time, any time of the rights or rights, remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every ever such right or right, remedy or other provision. No waiver of any default and under an breach of the this Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term term of this Lease shall be deemed an acceptance or of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless it is in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Team America Corporation)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease article shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and or breach of the Lease shall be held deemed to be a waiver of any other default and or breach. The receipt by Landlord of less than the full rent then due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right (i) to recover the balance of the rent due or (ii) to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Woodroast Systems Inc)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall not be construed to be a waiver thereof, thereof nor affect the validity of any part of this Lease or the right of Landlord or Tenant either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and or breach of the Lease shall be held deemed to be a waiver of any other default and or breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord. The remedies of Landlord under this Lease shall be cumulative, and no one of them shall be construed as exclusive of any other or of any remedy provided at law or in equity. The exercise of any one such right or remedy by Landlord shall not impair its standing to exercise any other right or remedy.

Appears in 1 contract

Samples: Lease Agreement (Quality Dining Inc)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exerciseenforce, at any time, any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Office Lease (Twin Cities Power Holdings, LLC)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall not be construed to be a waiver thereof, nor not affect the validity of any part of this Lease or the right of Landlord or Tenant either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and and/or breach of the this Lease shall be held deemed to be a waiver of any other default and and/or breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ipayment Inc)

Non-Waiver of Defaults. The failure or delay by Landlord or Tenant to enforce or exercise, at any time, any of the rights or remedies or other provisions of this Lease shall 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 of any default and breach of the Lease shall be held to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent Rent due shall not be construed to be other than a payment on account of rent Rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement

Non-Waiver of Defaults. The failure or delay by Landlord either party ----------------------- hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Bindley Western Industries Inc)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and and/or breach of the this Lease shall be held deemed to be a waiver of any other default and and/or breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term term of this [his Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (I Trax Inc)

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Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other or 21 further default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exerciseenforce, at any time, any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's ’s check or any letter accompanying Tenant's ’s check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's ’s right to recover the balance of the rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Office Lease (Twin Cities Power Holdings, LLC)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other or further default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

Non-Waiver of Defaults. The failure or delay by Landlord or Tenant to enforce or exercise, at any time, any of the rights or remedies or other provisions of this Lease shall 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 of any default and breach of the Lease shall be held to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent Rent due shall not be construed to be other than a payment on account of rent Rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of the rent Rent due or to pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Charming Shoppes Inc)

Non-Waiver of Defaults. The failure or delay by Landlord or Tenant to enforce or exercise, at any time, any of the rights or remedies or other provisions of this Lease shall 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 of any default and breach of the Lease shall be held to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.. XVI -- NOTICE AND PLACE OF PAYMENT ----------------------------------

Appears in 1 contract

Samples: Lease Agreement (Intimate Brands Inc)

Non-Waiver of Defaults. The failure or delay by Landlord or Tenant to enforce or exercise, at any time, any of the rights or remedies or other provisions of this Lease shall 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 of any default and breach of the Lease lease shall be held to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's Tenants check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term of this Lease shall be deemed an acceptance or of a surrender of the PremisesBuilding, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Building Lease Agreement (Too Inc)

Non-Waiver of Defaults. The Landlord's or Tenant's failure or delay by Landlord to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall not be construed to be a waiver thereof, nor affect the validity of any part of this Lease or the Landlord's or Tenant's right of Landlord or Tenant thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Term term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (NHP Inc)

Non-Waiver of Defaults. The failure or delay by Landlord either party hereto to exercise or Tenant to enforce or exercise, at any time, time any of the rights or remedies or other provisions of this Lease shall 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 either party thereafter to exercise or enforce each and every such right or remedy or other provision. No waiver of any default and breach of the Lease shall be held deemed to be a waiver of any other default and breach. The receipt by Landlord of less than the full rent due (other than pursuant to any written agreement to the contrary) shall not be construed to be other than a payment on account of rent then due, nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction, and Landlord may accept such 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. No act or omission by Landlord or its employees or agents during the Lease Term of this Lease shall be deemed an acceptance or of a surrender of the Leased Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord.

Appears in 1 contract

Samples: Office Lease (Interactive Intelligence Inc)

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