Common use of Non-Waiver of Defaults Clause in Contracts

Non-Waiver of Defaults. No delay or omission of Landlord to execute any right or power arising from any default shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Lease shall be construed, taken, or held to be a waiver of any other breach, waiver, or acquiescence in, or consent to, any further or succeeding breach of the same covenant. Receipt by Landlord of less than the full amount due from Tenant shall not be construed to be other than a payment on account of the amounts then due, nor shall any statement on Tenant’s check or any letter accompanying Tenant’s payment be deemed an accord and satisfaction, and Landlord may accept such payment as a partial payment only. The rights herein given to receive, collect, xxx, or distrain for any rent or rents, monies, or payments, or to enforce the terms, provisions, and conditions of this Lease, or to prevent the breach or nonobservance thereof, or the exercise of any such right (or of any other right or remedy hereunder), or otherwise granted or arising, shall not in any way affect or impair or take away the right or power of Landlord to declare the Term hereby granted ended and to terminate this Lease as herein provided because of any default in or breach of any of the covenants, provisions, or conditions of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)

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Non-Waiver of Defaults. No delay or omission of Landlord to execute any right or power arising from any default shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Lease shall be construed, taken, taken or held to be a waiver of any other breach, waiver, or waiver or acquiescence in, in or consent to, to any further or succeeding breach of the same covenant. Receipt by Landlord of less than the full amount due from Tenant shall not be construed to be other than a payment on account of the amounts then due, nor shall any statement on Tenant’s check or any letter accompanying Tenant’s payment be deemed an accord and satisfaction, and Landlord may accept such payment as a partial payment only. The rights herein given to receive, collect, xxx, xxx or distrain for any rent or rents, monies, monies or payments, or to enforce the terms, provisions, provisions and conditions of this Lease, or to prevent the breach or nonobservance thereof, or the exercise of any such right (or of any other right or remedy hereunder), hereunder or otherwise granted or arising, shall not in any way affect or impair or take away the right or power of Landlord to declare the Term hereby granted ended and to terminate this Lease as herein provided because of any default in or breach of any of the covenants, provisions, provisions or conditions of this Lease.

Appears in 2 contracts

Samples: Building 4 Lease Agreement (Uni-Pixel), Building 2 Lease Agreement (Uni-Pixel)

Non-Waiver of Defaults. No delay or omission of Landlord Lessor to execute any right or power arising from any default shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Lease lease shall be construed, taken, taken or held to be a waiver of any other breach, waiver, breach or waiver or acquiescence in, in or consent to, to any further or succeeding breach of the same covenant. Receipt by Landlord Lessor of less than the full amount due from Tenant Lessee shall not be construed to be other than a payment on account of the amounts then due, nor shall any statement on TenantLessee’s check or any letter accompanying TenantLessee’s payment be deemed an accord and satisfaction, and Landlord Lessor may accept such payment as a partial payment only. The rights herein given to receive, collect, xxx, xxx or distrain for any rent or rents, monies, monies or payments, or to enforce the terms, provisions, provisions and conditions of this Leaselease, or to prevent the breach or of nonobservance thereof, or the exercise of any such right (or of any other right or remedy hereunder), hereunder or otherwise granted or arising, shall not in any way affect or impair or take away the right or power of Landlord Lessor to declare the Term term hereby granted ended and to terminate this Lease lease as herein provided because of any default in or breach of any of the covenants, provisions, provisions or conditions of this Leaselease.

Appears in 2 contracts

Samples: Office Lease (Dynamic Health Products Inc), Lease (GeoPharma, Inc.)

Non-Waiver of Defaults. No delay or omission of Landlord Lessor to execute any right or power arising from any default shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Lease shall be construed, taken, taken or held to be a waiver of any other breach, waiver, breach or waiver or acquiescence in, in or consent to, to any further or succeeding breach of the same covenant. Receipt by Landlord Lessor of less than the full amount due from Tenant Lessee shall not be construed to be other than a payment on account of the amounts then due, nor shall any statement on TenantLessee’s check or any letter accompanying TenantLessee’s payment be deemed an accord and satisfaction, and Landlord Lessor may accept such payment as a partial payment only. The rights herein given to receive, collect, xxx, sxx or distrain for any rent Rent or rentsRents, monies, monies or payments, or to enforce the terms, provisions, terms provisions and conditions of this Lease, or to prevent the breach or of nonobservance thereof, or the exercise of any such right (or of any other right or remedy hereunder), hereunder or otherwise granted or arising, shall not in any way affect or impair or take away the right or power of Landlord Lessor to declare the Term term hereby granted ended and to terminate this Lease as herein provided because of any default in or breach of any of the covenants, provisions, provisions or conditions of this Leaselease.

Appears in 1 contract

Samples: Commercial Lease (Advanzeon Solutions, Inc.)

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Non-Waiver of Defaults. No The failure or delay by Landlord or omission Tenant to enforce or exercise, at any time, any of Landlord to execute any right the rights or power arising from any default remedies or other provisions of this Lease shall impair any such right or power or 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 default right or any acquiescence thereinremedy or other provision. No waiver of any default and breach of any of the covenants of this Lease shall be construed, taken, or held to be a waiver of any other default and breach, waiver, or acquiescence in, or consent to, any further or succeeding breach of the same covenant. Receipt The receipt by Landlord of less than the full amount rent due from Tenant shall not be construed to be other than a payment on account of the amounts rent then due, nor shall any statement on Tenant’s 's check or any letter accompanying Tenant’s payment 's check be deemed an accord and satisfaction, and Landlord may accept such payment as a partial payment only. The rights herein given without prejudice to receive, collect, xxx, or distrain for any Landlord's right to recover the balance of the rent or rents, monies, or payments, due or to enforce pursue any other remedies provided in this Lease. No act or omission by Landlord or its employees or agents during the terms, provisionsTerm of this Lease shall be deemed an acceptance or a surrender of the Premises, and conditions of this Lease, or no agreement to prevent the breach or nonobservance thereof, or the exercise of any accept such right (or of any other right or remedy hereunder), or otherwise granted or arising, a surrender shall not be valid unless in any way affect or impair or take away the right or power of Landlord to declare the Term hereby granted ended writing and to terminate this Lease as herein provided because of any default in or breach of any of the covenants, provisions, or conditions of this Lease.signed by Landlord. XVI -- NOTICE AND PLACE OF PAYMENT ----------------------------------

Appears in 1 contract

Samples: Lease Agreement (Intimate Brands Inc)

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