Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s receipt of and Tenant’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be effective unless expressed in a writing signed by it.
Appears in 13 contracts
Samples: Lease Agreement (Adcare Health Systems, Inc), Master Lease Agreement (Adcare Health Systems, Inc), Sublease Agreement (Adcare Health Systems, Inc)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein in this Lease shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s A receipt of and Tenant’s payment by Landlord of any rent or other sum due hereunder (including any late charge) with knowledge of the breach of any breach provision contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be effective deemed to have been made unless expressed in a writing signed by itLandlord.
Appears in 11 contracts
Samples: Lease Agreement (American Retirement Corp), Lease and Security Agreement (Balanced Care Corp), Lease and Security Agreement (Balanced Care Corp)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Master Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s receipt of and Tenant’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Master Lease shall be effective unless expressed in a writing signed by it.
Appears in 9 contracts
Samples: Master Lease #2 (21st Century Oncology Holdings, Inc.), Master Lease #3 (21st Century Oncology Holdings, Inc.), Master Lease (21st Century Oncology Holdings, Inc.)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s receipt of and Tenant’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be effective unless expressed in a writing signed by it.
Appears in 8 contracts
Samples: Lease (21st Century Oncology Holdings, Inc.), Lease #9 (21st Century Oncology Holdings, Inc.), Lease #6 (21st Century Oncology Holdings, Inc.)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee. LandlordSublessor’s receipt of and TenantSublessee’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.
Appears in 7 contracts
Samples: Sublease Agreement (Regional Health Properties, Inc), Sublease Agreement (Regional Health Properties, Inc), Sublease Agreement (Regional Health Properties, Inc)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Master Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s 's receipt of and Tenant’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Master Lease shall be effective unless expressed in a writing signed by it.
Appears in 4 contracts
Samples: Master Lease (Emeritus Corp\wa\), Master Lease (Brookdale Senior Living Inc.), Master Lease (Brookdale Senior Living Inc.)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Lessor or Lessee is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Lessor or Lessee to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantLessee or Lessor, as applicable. LandlordLessor’s receipt of and TenantLessee’s payment of any rent Rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Lessor of any provision of this Lease shall be effective unless expressed in a writing signed by it.
Appears in 3 contracts
Samples: Lease Agreement (Adcare Health Systems, Inc), Lease Agreement (Adcare Health Systems, Inc), Lease Agreement (Adcare Health Systems, Inc)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s 's receipt of and Tenant’s 's payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be effective unless expressed in a writing signed by it.
Appears in 2 contracts
Samples: Lease Agreement (Adcare Health Systems, Inc), Lease Agreement (Adcare Health Systems, Inc)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Lessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Lessor to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantLessee. LandlordLessor’s receipt of and TenantLessee’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Lessor of any provision of this Lease shall be effective unless expressed in a writing signed by it.
Appears in 2 contracts
Samples: Lease Agreement (Regional Health Properties, Inc), Sublease Agreement (Adcare Health Systems, Inc)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee. LandlordSublessor’s receipt of and TenantSublessee’s payment of any rent or other sum due hereunder (including any late charge) with HNZW/492594_3.doc (Eaglewood SNF) knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.
Appears in 1 contract
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Master Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s 's receipt of and Tenant’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Master Lease shall be effective unless expressed in a writing signed by it.. 13.4
Appears in 1 contract
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein HNZW/505063_5.doc/3583-1 shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee. LandlordSublessor’s receipt of and TenantSublessee’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.
Appears in 1 contract
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee. LandlordSublessor’s receipt of and TenantSublessee’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.. HNZW/478508_3.docx/3583-1
Appears in 1 contract
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee. LandlordSublessor’s receipt of and TenantSublessee’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.. HNZW/505210_4.doc/3583-1
Appears in 1 contract
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time 38 44 upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein in this Lease shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord’s A receipt of and Tenant’s payment by Landlord of any rent or other sum due hereunder (including any late charge) with knowledge of the breach of any breach provision contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be effective deemed to have been made unless expressed in a writing signed by itLandlord.
Appears in 1 contract
Samples: Lease and Security Agreement (Province Healthcare Co)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Lessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Lessor to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein in this Lease shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantLessee. Landlord’s A receipt of and Tenant’s payment by Lessor of any rent or other sum due hereunder (including any late charge) with knowledge of the breach of any breach provision contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord Lessor of any provision of this Lease shall be effective deemed to have been made unless expressed in a writing signed by itLessor.
Appears in 1 contract
Samples: Lease (Pacer Health Corp)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee. LandlordSublessor’s receipt of and TenantSublessee’s payment of any rent or other sum due hereunder (including any late charge) with HNZW/493109_4.doc/3583-95 (Greenfield) knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.
Appears in 1 contract
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor or Sublessee is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor or Sublessee to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee or Sublessor, as applicable. LandlordSublessor’s receipt of and TenantSublessee’s payment of any rent Rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.
Appears in 1 contract
Samples: Master Sublease Agreement (Adcare Health Systems, Inc)
Remedies Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to Landlord Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord Sublessor to insist at any time upon the strict performance of any provision of this Lease Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by TenantSublessee. Landlord’s Sublessor's receipt of and Tenant’s Sublessee's payment of any rent or other sum HZNW/493788_2.doc/3583-1 due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Landlord Sublessor of any provision of this Lease Sublease shall be effective unless expressed in a writing signed by it.
Appears in 1 contract