Common use of Sublandlord's Remedies Cumulative Clause in Contracts

Sublandlord's Remedies Cumulative. All of Sublandlord's remedies under this Sublease shall be in addition to all other remedies Sublandlord may have at law or in equity. Waiver by Sublandlord of any breach of any obligation by Subtenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. Sublandlord's acceptance of payment by Subtenant shall not constitute a waiver of any breach by Subtenant, and if the acceptance occurs after Sublandlord's notice to Subtenant, or termination of this Sublease or of Subtenant's right to possession, then acceptance shall not affect such notice or termination. Acceptance of payment by Sublandlord after commencement of a legal proceeding or formal judgment shall not affect such proceeding or judgment. Sublandlord may advance such monies and take such other actions for Subtenant's account as reasonably may be required to cure or mitigate any default by Subtenant. Subtenant shall immediately reimburse Sublandlord for any such advance, and such sums shall bear interest at the default interest rate until paid. Subtenant shall pay Sublandlord's reasonable attorneys' fees and other costs in enforcing this Sublease, whether or not suit is filed.

Appears in 2 contracts

Samples: Seattle Genetics Inc /Wa, Seattle Genetics Inc /Wa

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Sublandlord's Remedies Cumulative. All of Sublandlord's remedies under this Sublease shall be in addition to all other remedies Sublandlord may have at law or in equity. Waiver by Sublandlord of any breach of any obligation by Subtenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. Sublandlord's acceptance of payment by Subtenant beyond any applicable cure period shall not constitute a waiver of any breach by Subtenant, and if the acceptance occurs after Sublandlord's notice to SubtenantSubtenant and expiration of any applicable cure period, or termination of this the Sublease or of Subtenant's right to possession, then the acceptance shall not affect such notice or termination. Acceptance of payment by Sublandlord after commencement of a legal proceeding or formal final judgment shall not affect such proceeding or judgment. Sublandlord may advance such monies and take such other actions for Subtenant's account as reasonably may be required to cure or mitigate any default by Subtenant. Subtenant shall immediately reimburse Sublandlord for any such advance, and such sums shall bear interest at the default interest rate until paid. Subtenant shall pay Sublandlord's reasonable attorneys' fees and other costs in enforcing this Sublease, whether or not suit is filed.

Appears in 1 contract

Samples: Letter Agreement (Vitria Technology Inc)

Sublandlord's Remedies Cumulative. All of Sublandlord's remedies under this Sublease shall be in addition to all other remedies Sublandlord may have at law or in equity. Waiver by Sublandlord of any breach of any obligation by Subtenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. Sublandlord's acceptance of payment by Subtenant shall not constitute a waiver of any breach by Subtenant, and if the acceptance occurs after Sublandlord's notice to Subtenant, or termination of this the Sublease or of Subtenant's right to possession, then the acceptance shall not affect such notice or termination. Acceptance of payment by Sublandlord after commencement of a legal proceeding or formal final judgment shall not affect such proceeding or judgment. Sublandlord may advance such monies and take such other actions for Subtenant's account as reasonably may be required to cure or mitigate any default by Subtenant. Subtenant shall immediately reimburse Sublandlord for any such advance, and such sums shall bear interest at the default interest rate until paid. Subtenant shall pay Sublandlord's reasonable attorneys' fees and other costs in enforcing this Sublease, whether or not suit is filed.

Appears in 1 contract

Samples: Letter Agreement (Proxim Inc /De/)

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Sublandlord's Remedies Cumulative. All of Sublandlord's ’s remedies under this Sublease shall be in addition to all other remedies Sublandlord may have at law or in equity. Waiver by Sublandlord of any breach of any obligation by Subtenant shall be effective only if it is in writing, and shall not be deemed a waiver of any other breach, or any subsequent breach of the same obligation. Sublandlord's ’s acceptance of payment by Subtenant shall not constitute a waiver of any breach by Subtenant, and if the acceptance occurs after Sublandlord's ’s notice to Subtenant, or termination of this the Sublease or of Subtenant's ’s right to possession, then the acceptance shall not affect such notice or termination. Acceptance of payment by Sublandlord after commencement of a legal proceeding or formal final judgment shall not affect such proceeding or judgment. Sublandlord may advance such monies and take such other actions for Subtenant's ’s account as reasonably may be required to cure or mitigate any default by Subtenant. Subtenant shall immediately reimburse Sublandlord for any such advance, and such sums shall bear interest at the default interest rate until paid. Subtenant shall pay Sublandlord's reasonable attorneys' fees and other costs in enforcing this Sublease, whether or not suit is filed.

Appears in 1 contract

Samples: Sublease (ShoreTel Inc)

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