Common use of Non-Waiver of Remedies Clause in Contracts

Non-Waiver of Remedies. Landlord’s acceptance of Rent following the occurrence of a Default will not be construed as Landlord’s waiver of such Default. No waiver by Landlord of any Default will be deemed to constitute a waiver of any other or future Default hereunder. 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 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. No re-entry or taking possession of the Leased Premises by Landlord will be construed as an election by Landlord to terminate this Lease, unless a written notice of termination is given to Tenant. The failure of Landlord to enforce the Building Regulations against Tenant or any other tenant in the Building will not be deemed a waiver thereof. No provision of this Lease will be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord.

Non-Waiver of Remedies. It is expressly agreed that neither the taking of possession of the Leased Premises nor the institution of any proceedings by way of unlawful detainer, ejectment, quiet title, or otherwise, to secure possession of the Leased Premises, nor the re-entry by Landlord with or without the institution of such proceedings, nor the rerenting or subletting of the Leased Premises, shall operate to terminate this Lease in whole or in part, nor of itself constitute an exercise of Landlord’s acceptance 's option to do so, but only by the giving of Rent following the occurrence written notice specifically specifying termination shall such termination be effected. In the event Tenant breaches this Lease, or any covenant, term or condition hereunder, and abandons the Leased Premises, this Lease shall continue in force and effect for so long as the Landlord does not terminate Tenant's right to possession, and Landlord may enforce all rights and remedies of Landlord including, without limitation, the right to recover rental as it becomes due hereunder. Acts of maintenance or preservation or efforts to relet the Leased Premises, or the appointment of a Default will receiver upon the initiation of the Landlord to protect the Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. Waiver by Landlord of any default, breach or failure of Tenant under this Lease shall not be construed as Landlord’s waiver of such Default. No waiver by Landlord a wavier of any Default will be deemed to constitute subsequent or different default, breach or failure. In case of a waiver of any other or future Default hereunder. 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 termof the covenants or undertakings of Tenant, covenant Landlord nevertheless may accept from Tenant any payments hereunder without in any way waiving Landlord's right to exercise the remedies hereinbefore provided for by reason of any other breach or condition lapse which was in existence at the time such payment or payments were accepted by Landlord. It is expressly understood that the enumeration herein of express rights, options and privileges shall not limit Landlord nor deprive Landlord of any other remedy or action or cause of action by reason of any default of Tenant, including the right to recover from Tenant any deficiency upon re-renting. The specific remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which they may be lawfully entitled in case of any breach or threatened breach by either of them or of any provisions of 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. No re-entry or taking possession of the Leased Premises by Landlord will be construed as an election by Landlord to terminate this Lease, unless a written notice of termination is given to Tenant. The failure of Landlord to enforce the Building Regulations against Tenant or any other tenant in the Building will not be deemed a waiver thereof. No provision of this Lease will be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord.

Non-Waiver of Remedies. It is expressly agreed that neither the taking of possession of the Leased Premises nor the institution of any proceedings by way of unlawful detainer, ejectment, quiet title, or otherwise, to secure possession of the Leased Premises, nor the re-entry by Landlord with or without the institution of such proceedings, nor the rerenting or subletting of the Leased Premises, shall operate to terminate this Lease in whole or in part, nor of itself constitute an exercise of Landlord’s acceptance 's option to do so, but only by the giving of Rent following the occurrence written notice specifically specifying termination shall such termination be effected. In the event Tenant breaches this Lease, or any covenant, term or condition hereunder, and abandons the Leased Premises, this Lease shall continue in force and effect for so long as the Landlord does not terminate Tenant's right to possession, and Landlord may enforce all rights and remedies of Landlord including, without limitation, the right to recover rental as it becomes due hereunder. Acts of maintenance or preservation or efforts to relet the Leased Premises, or the appointment of a Default will receiver upon the initiation of the Landlord to protect the Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. Waiver by Landlord of any default, breach or failure of Tenant under this Lease shall not be construed as Landlord’s waiver of such Default. No waiver by Landlord a wavier of any Default will be deemed to constitute subsequent or different default, breach or failure. In case of a waiver of any other or future Default hereunder. 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 termof the covenants or undertakings of Tenant, covenant Landlord nevertheless may accept from Tenant any payments hereunder without in any way waiving Landlord's right to exercise the remedies hereinbefore provided for by reason of any other breach or condition lapse which was in existence at the time such payment or payments were accepted by Landlord. It is expressly understood that the enumeration herein of express rights, options and privileges shall not limit Landlord nor deprive Landlord of any other remedy or action The specific remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which they may be lawfully entitled in case of any breach or threatened breach by either of them or of any provisions of 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. No re-entry or taking possession of the Leased Premises by Landlord will be construed as an election by Landlord to terminate this Lease, unless a written notice of termination is given to Tenant. The failure of Landlord to enforce the Building Regulations against Tenant or any other tenant in the Building will not be deemed a waiver thereof. No provision of this Lease will be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord.