Common use of Remedies Cumulative; Waivers Clause in Contracts

Remedies Cumulative; Waivers. Except as stated otherwise herein, the specific remedies to which either party 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 that party may be lawfully entitled under any provision of this Lease or otherwise. The failure of Landlord or Tenant to insist in any one or more instances upon the strict performance of any of the covenants of this Lease shall not be construed as a waiver or relinquishment for the future of such covenant. A receipt by Landlord, or payment by Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by Landlord or Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of Landlord or of Tenant, as the case may be. In addition to the other remedies in this Lease provided, Landlord or Tenant, as the case may be, shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions.

Appears in 4 contracts

Samples: Lease (ConforMIS Inc), Lease (ConforMIS Inc), Implant Sciences Corp

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Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the 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 that party the Landlord may be lawfully entitled under in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenantcovenant or option. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or the Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or of Tenant, the Tenant as the case may beappropriate. In addition to the other remedies in this Lease provided, the Landlord or Tenant, as the case may be, shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions.

Appears in 4 contracts

Samples: Wave2Wave Communications, Inc., Lease Agreement (Cambridge Heart Inc), Utix Group Inc

Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the Landlord or Tenant may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or of means of redress to which that party the Landlord or Tenant may be lawfully entitled under any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease shall not be construed as a waiver or relinquishment for the future of such covenant. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or of the Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or of Tenant, the Tenant as the case may beappropriate. In addition to the other remedies provided for in this Lease providedLease, the Landlord or Tenant, as and the case may be, Tenant shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions. In connection herewith, the prevailing party, should litigation be initiated, shall be entitled to an award of its costs and its reasonable attorney's fees.

Appears in 2 contracts

Samples: Avici Systems Inc, Avici Systems Inc

Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the Landlord or Tenant 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 that party the Landlord or Tenant may be lawfully entitled under any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease shall not be construed as a waiver or relinquishment for the future of such covenant. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or of the Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or of Tenant, the Tenant as the case may beappropriate. In addition to the other remedies provided for in this Lease providedLease, the Landlord or Tenant, as and the case may be, Tenant shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions. In connection herewith, the prevailing party, should litigation be initiated, shall entitled to an award of its costs and its reasonable attorney's fees.

Appears in 2 contracts

Samples: Adaptive Broadband Corp, Avici Systems Inc

Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the Landlord may resort under the terms of this Lease are cumulative and and, except for those remedies expressly specified herein, are not intended to be exclusive of any other remedies or means of redress to which that party the Landlord may be lawfully entitled under in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one anyone or more instances cases upon the strict performance of any of the covenants of this Lease Lease, or to exercise any option herein contained, shall not be 777923v2 construed as a waiver or relinquishment for the future of such covenantcovenant or option. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or of Tenant, the Tenant as the case may beappropriate. In addition to the other remedies in this Lease provided, the Landlord or Tenant, as the case may be, shall be entitled to the reasonable costs incurred by the Landlord in reletting the Premises following the Landlord's early termination of this Lease pursuant to Section 22 hereof, the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions. Landlord shall also be entitled to receive as Additional Rent such other reasonable costs, including attorneys' fees, incurred by Landlord in connection with any default by Tenant and the exercise of Landlord's rights and remedies.

Appears in 1 contract

Samples: Lease Agreement (Cross a T Co)

Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the 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 that party the Landlord may be lawfully entitled under in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenantcovenant or option. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or of Tenant, the Tenant as the case may beappropriate. In addition to the other remedies in this Lease provided, the Landlord or Tenant, as the case may be, shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions.

Appears in 1 contract

Samples: Commencement Date Agreement (Cidra Corp)

Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the 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 that party the Landlord may be lawfully entitled under in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenantcovenant or option. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or the Tenant as appropriate. Nor shall any endorsement or statement on any check or in any letter accompanying any check or payment be deemed an accord and satisfaction; and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of Tenant, such installment or pursue any other right or remedy. The delivery of keys (or any similar act) to Landlord shall not operate as the case may be. In addition to the other remedies in this Lease provided, Landlord or Tenant, as the case may be, shall be entitled to the restraint by injunction a termination of the covenants, conditions Term or provisions an acceptance or surrender of this Lease, or to the Premises. The acceptance by Landlord of any rent following the giving of any default and/or termination notice shall not be deemed a decree compelling performance of or compliance with any waiver of such covenants, conditions or provisionsnotice.

Appears in 1 contract

Samples: Lease (Rapid Micro Biosystems, Inc.)

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Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the 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 that party the Landlord may be lawfully entitled under in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenantcovenant or option. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or of Tenant, the Tenant as the case may beappropriate. In addition to the other remedies in this Lease provided, the Landlord or Tenant, as the case may be, shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions.

Appears in 1 contract

Samples: Lease (Inverness Medical Innovations Inc)

Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party the 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 that party the Landlord may be lawfully entitled under in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenantcovenant or option. A receipt by the Landlord, or payment by the Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by the Landlord or the Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of the Landlord or of Tenant, the Tenant as the case may beappropriate. In addition to the other remedies in this Lease provided, the Landlord or Tenant, as the case may be, shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions. 24.

Appears in 1 contract

Samples: Lease (Cambridge Heart Inc)

Remedies Cumulative; Waivers. Except as stated otherwise herein, the The specific remedies to which either party Landlord and Tenant 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 that party Landlord or Tenant may be lawfully entitled under in any provision of this Lease or otherwise. The failure of Landlord or Tenant to insist in any one or more instances cases upon the strict performance of any of the covenants of this Lease Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenantcovenant or option. A receipt by Landlord, or payment by Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by Landlord or Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of Landlord or of Tenant, Tenant as the case may beappropriate. In addition to the other remedies in this Lease provided, Landlord or Tenant, as the case may be, Tenant shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions.

Appears in 1 contract

Samples: Lease Agreement (Higher One Holdings, Inc.)

Remedies Cumulative; Waivers. Except as stated otherwise herein, the specific remedies to which either party 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 that party may be lawfully entitled under any provision of this Lease or otherwise. The failure of Landlord or Tenant to insist in any one or more instances upon the strict performance of any of the covenants of this Lease shall not be construed as a waiver or relinquishment for fo the future of such covenant. A receipt by Landlord, or payment by Tenant, of Basic Rent or Additional Rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver, change, modification or discharge by Landlord or Tenant of any provision in this Lease shall be deemed to have been made or shall be effective unless expressed in writing and signed by an authorized representative of Landlord or of Tenant, as the case may be. In addition to the other remedies in this Lease provided, Landlord or Tenant, as the case may be, shall be entitled to the restraint by injunction of the covenants, conditions or provisions of this Lease, or to a decree compelling performance of or compliance with any of such covenants, conditions or provisions.

Appears in 1 contract

Samples: Lease (Focus Enhancements Inc)

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