Common use of Receipt of Monies Following Termination Clause in Contracts

Receipt of Monies Following Termination. No receipt of monies by the Port from Concessionaire after the termination or cancellation of this Concession Agreement in any lawful manner shall (a) reinstate, continue or extend the Term of this Concession Agreement; (b) affect any notice theretofore given to Concessionaire; (c) operate as a waiver of the rights of the Port to enforce the payment of any Concession Fees, or other sum or charge otherwise payable by Concessionaire then due or thereafter falling due; or (d) operate as a waiver of the right of the Port to recover possession of the Premises by proper suit, action, proceeding or remedy; it being agreed that after the service of notice to terminate or cancel this Concession Agreement, or after the commencement of suit, action or summary proceedings, or any other remedy, or after a final order or judgment for the possession of the Premises, the Port may demand, receive and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, suit, action, order or judgment; and any and all such monies collected shall be deemed to be payments on account of the use and occupation and/or Concessionaire’s liability hereunder.

Receipt of Monies Following Termination. No Subject to the rights granted to a Leasehold Mortgagee in Section 20, no receipt of monies by the Port from Concessionaire Tenant after the termination or cancellation of this Concession Agreement in any lawful manner shall (a) reinstate, continue or extend the Term of this Concession Agreement; (b) affect any notice theretofore given to ConcessionaireTenant; (c) operate as a waiver of the rights of the Port to enforce the payment of any Concession Fees, or other sum or charge otherwise payable by Concessionaire Rent and fees then due or thereafter falling due; or (d) operate as a waiver of the right of the Port to recover possession of the Premises by proper suit, action, proceeding or remedy; it being agreed that after the service of notice to terminate or cancel this Concession Agreement, or after the commencement of suit, action or summary proceedings, or any other remedy, or after a final order or judgment for the possession of the Premises, the Port may demand, receive and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, suit, action, order or judgment; and any and all such monies collected shall be deemed to be payments on account of the use and occupation and/or ConcessionaireTenant’s liability hereunder.

Receipt of Monies Following Termination. No Subject to the rights granted to a Leasehold Mortgagee in Article 20, no receipt of monies by the Port from Concessionaire Tenant after the termination or cancellation of this Concession Agreement in any lawful manner shall (a) reinstate, continue or extend the Term (or any Extension Term) of this Concession Agreement; (b) affect any notice theretofore given to ConcessionaireTenant; (c) operate as a waiver of the rights of the Port to enforce the payment of any Concession Fees, or other sum or charge otherwise payable by Concessionaire Rent and fees then due or thereafter falling due; or (d) operate as a waiver of the right of the Port to recover possession of the Premises by proper suit, action, proceeding or remedy; it being agreed that after the service of notice to terminate or cancel this Concession Agreement, or after the commencement of suit, action or summary proceedings, or any other remedy, or after a final order or judgment for the possession of the Premises, the Port may demand, receive and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, suit, action, order or judgment; and any and all such monies collected shall be deemed to be payments on account of the use and occupation and/or ConcessionaireXxxxxx’s liability hereunder.

Receipt of Monies Following Termination. No receipt of monies by the Port from Concessionaire after the termination or cancellation of this Concession Agreement in any lawful manner shall (a) reinstate, continue or extend the Term of this Concession Agreement; (b) affect any notice theretofore given to Concessionaire; (c) operate as a waiver of the rights of the Port to enforce the payment of any Space Rent, Concession Fees, Fees or other sum or charge otherwise payable by Concessionaire then due or thereafter falling due; or (d) operate as a waiver of the right of the Port to recover possession of the Premises by proper suit, action, proceeding or remedy; it being agreed that after the service of notice to terminate or cancel this Concession Agreement, or after the commencement of suit, action or summary proceedings, or any other remedy, or after a final order or judgment for the possession of the Premises, the Port may demand, receive and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, suit, action, order or judgment; and any and all such monies collected shall be deemed to be payments on account of the use and occupation and/or Concessionaire’s Concessionaire‟s liability hereunder.