Common use of Remedies Cumulative; Waivers Clause in Contracts

Remedies Cumulative; Waivers. The specific remedies to which 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 the Landlord may be lawfully entitled in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant 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 the Tenant as appropriate. In addition to the other remedies in this Lease provided, the Landlord 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 5 contracts

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

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Remedies Cumulative; Waivers. The Except as stated otherwise herein, the specific remedies to which the Landlord 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 the Landlord that party may be lawfully entitled in under any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases instances upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, Lease shall not be construed as a waiver or relinquishment for the future of such covenant or optioncovenant. 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, as the Tenant as appropriatecase may be. In addition to the other remedies in this Lease provided, Landlord or Tenant, as the Landlord 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 Agreement (ConforMIS Inc), Lease Agreement (Implant Sciences Corp)

Remedies Cumulative; Waivers. The specific remedies to which 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 the Landlord or Tenant may be lawfully entitled in under any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, Lease shall not be construed as a waiver or relinquishment for the future of such covenant or optioncovenant. 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 the Tenant as appropriate. In addition to the other remedies provided for in this Lease providedLease, the Landlord and the 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: Lease Agreement (Avici Systems Inc), Lease (Avici Systems Inc)

Remedies Cumulative; Waivers. The specific remedies to which 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 the Landlord or Tenant may be lawfully entitled in under any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, Lease shall not be construed as a waiver or relinquishment for the future of such covenant or optioncovenant. 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 the Tenant as appropriate. In addition to the other remedies provided for in this Lease providedLease, the Landlord and the 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: Lease Agreement (Adaptive Broadband Corp), Lease Agreement (Avici Systems Inc)

Remedies Cumulative; Waivers. The specific remedies to which 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 the Landlord may be lawfully entitled in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant 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 the Tenant as appropriate. In addition to the other remedies in this Lease provided, the Landlord 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 (Cidra Corp)

Remedies Cumulative; Waivers. The specific remedies to which the 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 the Landlord or Tenant may be lawfully entitled in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant 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 the Tenant as appropriate. In addition to the other remedies in this Lease provided, the Landlord or 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. The specific remedies to which 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 the Landlord may be lawfully entitled in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant 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 the Tenant as appropriate. In addition 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 such installment or pursue any other remedies in this Lease provided, the right or remedy. The delivery of keys (or any similar act) to Landlord shall be entitled to the restraint by injunction not operate as 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. The specific remedies to which 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 the Landlord may be lawfully entitled in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant 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 the Tenant as appropriate. In addition to the other remedies in this Lease provided, the Landlord 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 (Inverness Medical Innovations Inc)

Remedies Cumulative; Waivers. The Except as stated otherwise herein, the specific remedies to which the Landlord 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 the Landlord that party may be lawfully entitled in under any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one or more cases instances upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, Lease shall not be construed as a waiver or relinquishment for fo the future of such covenant or optioncovenant. 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, as the Tenant as appropriatecase may be. In addition to the other remedies in this Lease provided, Landlord or Tenant, as the Landlord 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 Agreement (Focus Enhancements Inc)

Remedies Cumulative; Waivers. The specific remedies to which 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 the Landlord may be lawfully entitled in any provision of this Lease or otherwise. The failure of the Landlord or the Tenant to insist in any one anyone or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be 777923v2 construed as a waiver or relinquishment for the future of such covenant 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 the Tenant as appropriate. In addition to the other remedies in this Lease provided, the Landlord 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)

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