Common use of Non-Waiver of Defaults Clause in Contracts

Non-Waiver of Defaults. The failure or delay by either party hereto 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 either party thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of this 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 shall be deemed an acceptance 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 5 contracts

Samples: Office Lease Agreement (Apellis Pharmaceuticals, Inc.), Office Lease Agreement (Apellis Pharmaceuticals, Inc.), Office Lease Agreement (Apellis Pharmaceuticals, Inc.)

AutoNDA by SimpleDocs

Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or 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 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 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 Lease Term shall be deemed an acceptance 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: Hudsonalpha Lease Agreement (Celsion CORP), Lease Agreement (Clarient, Inc), Lease Agreement (Eurand N.V.)

Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or 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 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 this 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 shall be deemed an acceptance 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 (Celldex Therapeutics, Inc.), Lease (Ikaria, Inc.), Lease (First Indiana Corp)

Non-Waiver of Defaults. The failure or delay by either party hereto Landlord or Tenant to enforce or exercise 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 either party Landlord or Tenant thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of this 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 '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 of 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)

Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or 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 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 this 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 shall be deemed an acceptance 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 (Baldwin Piano & Organ Co /De/), Lease Agreement (Software Artistry Inc)

Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or 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 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 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 Term term of this Lease shall be deemed an acceptance 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 either party hereto 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 effect the validity of any part of this Lease or the right of either party thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of 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 shall be deemed an acceptance 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 (Healthessentials Solutions Inc)

Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or 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 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 this 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 '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 term of this Lease shall be deemed an acceptance 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 either party hereto to enforce exercise or exercise enforce, 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 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 this 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 shall be deemed an acceptance 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 either party hereto to exercise or 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 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 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 Term term of [his Lease shall be deemed an acceptance 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)

Non-Waiver of Defaults. The failure or delay by either party hereto 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 either party thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of this 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. The acceptance by Landlord of rent hereunder shall not be construed to be a waiver of any breach by Tenant of any Term, covenant or condition of 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 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 (Wells Real Estate Fund Xiii L P)

Non-Waiver of Defaults. The failure or delay by either party hereto to enforce exercise or exercise enforce, 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 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 this 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 shall be deemed an acceptance 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 either party hereto to exercise or 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, thereof nor affect the validity of any part of this Lease or the right of 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 this 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 '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 shall be deemed an acceptance 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 either party hereto to exercise or 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 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 this 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 of this Lease shall be deemed an acceptance 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

AutoNDA by SimpleDocs

Non-Waiver of Defaults. The failure or delay by either party hereto Landlord or Tenant to enforce or exercise 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 either party Landlord or Tenant thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of this Lease 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 Tenants 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 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 failure or delay by either party hereto to exercise or 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 not affect the validity of any part of this Lease or the right of 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 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 Term term of this Lease shall be deemed an acceptance 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 either party hereto thereto to exercise or enforce or exercise at any time any 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 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 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 '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 term of this Lease shall be deemed an acceptance 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: Office Lease (Team America Corporation)

Non-Waiver of Defaults. The failure or delay by either party hereto 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 either party thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of this Lease shall be held to be a waiver of any other default and breach. The receipt by Landlord Lessor 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 Lessee's check or any letter accompanying Tenant’s Lessee's check be deemed an accord and satisfaction, and Landlord Lessor may accept such payment without prejudice to Landlord’s Lessor'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 Lessor or its employees or agents during the Term term of this Lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by LandlordLessor.

Appears in 1 contract

Samples: Attornment Agreement (High Speed Access Corp)

Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or 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 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 this 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 '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 shall be deemed an acceptance 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 either party hereto to exercise or 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 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 this 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 shall be deemed an acceptance 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

Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or enforce or exercise at any 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 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 this 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 '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 (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 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: Woodroast Systems Inc

Non-Waiver of Defaults. The failure or delay by either party hereto Landlord or Tenant to enforce or exercise 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 either party Landlord or Tenant thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of this 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 of 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)

Time is Money Join Law Insider Premium to draft better contracts faster.