Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent 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 rent or pursue any other remedy in this Lease provided.
Appears in 6 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)
Waiver by Landlord. The failure of Any waiver by Landlord to seek redress for violation, or to insist upon the strict performance, of any default or breach of any covenant, condition, term, and agreement contained in this Lease, shall not be construed to be a waiver of any subsequent or other default or breach. The rights, powers, options, privileges, and remedies available to Landlord under this Lease shall be cumulative. The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, or any other than the failure of Tenant to pay the Rules and Regulations promulgated hereunderparticular Rent so accepted, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect regardless of an original violation. The receipt by Landlord of rent with Landlord’s knowledge of such preceding breach at the breach time of any covenant of this Lease shall not be deemed a waiver acceptance of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and RegulationsRent. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord. No payment by Tenant or receipt acceptance by Landlord of a lesser amount sum than the monthly rent herein stipulated that owed and due pursuant to this Lease shall be deemed to be other than on account of the stipulated rentearliest installment of such Rent or other amount due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent 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 rent installment or other amount or pursue any other remedy provided in this Lease providedLease.
Appears in 5 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent Rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or or any other tenant tenant, licensee or occupant in the Building or elsewhere on the Property shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent Rent herein stipulated shall be deemed to be other than on account of the stipulated rentRent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as of rent 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 rent or pursue any other remedy in this Lease provided.
Appears in 3 contracts
Samples: Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.)
Waiver by Landlord. The waiver by Landlord of any particular Event of Default or breach of any of the terms, covenants or conditions hereof on the part of Tenant to be kept and performed shall not be a waiver of any preceding or subsequent Event of Default or breach of the same or any other term, covenant or condition contained herein. Landlord’s failure of Landlord to seek redress for violation, or to insist upon the strict performance, performance of any of the terms, conditions or covenants herein shall not be deemed to be a waiver of any rights or remedies of Landlord. The subsequent acceptance of Rent by Landlord shall not be construed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this LeaseLease other than the failure of Tenant to pay the particular Rent or other payment or portion thereof so accepted, or any regardless of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with Landlord’s knowledge of such preceding breach at the breach time of any covenant of this Lease shall not be deemed a waiver acceptance of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any rental or other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlordpayment. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated Rent shall be deemed to be other than on account of the stipulated rentearliest Rent due and payable hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent Rent be deemed an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord’s right to recover the balance of such rent Rent or pursue any other remedy provided in this Lease providedor in law or equity. This Section 20.4 may not be waived.
Appears in 3 contracts
Samples: Lease Agreement (Bh Re LLC), Lease Agreement (Bh Re LLC), Master Lease (MTR Gaming Group Inc)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations, provided that Landlord agrees that it will not enforce said Rules and Regulations against Tenant in a discriminatory or arbitrary manner. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent 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 rent or pursue any other remedy in this Lease provided.
Appears in 2 contracts
Samples: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent Rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or or any other tenant tenant, licensee or occupant in the Building or elsewhere on the Property shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent Rent herein stipulated shall be deemed to be other than on account of the stipulated rentRent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as of rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s 's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
Appears in 2 contracts
Samples: Office Building Lease (Acer Therapeutics Inc.), Office Building Lease (NeuroMetrix, Inc.)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s 's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
Appears in 2 contracts
Samples: Lease Agreement (Archibald Candy Corp), Lease Agreement (SMTC Corp)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent 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 rent or pursue any other remedy in this Lease provided.
Appears in 2 contracts
Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Enumeral Biomedical Holdings, Inc.)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent Rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant or subtenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent Rent herein stipulated shall be deemed to be other than on account of the stipulated rentRent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent Rent 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 rent Rent or pursue any other remedy in this Lease provided.
Appears in 2 contracts
Samples: Lease Agreement (Investment Technology Group Inc), Lease Agreement (Viryanet LTD)
Waiver by Landlord. The failure of Landlord to seek redress for ------------------ violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant or subtenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an ail accord and satisfaction, and Landlord may accept such check or payment without prejudice to of Landlord’s 's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
Appears in 1 contract
Waiver by Landlord. The waiver by Landlord of any particular Event of Default or breach of any of the terms, covenants or conditions hereof on the part of Tenant to be kept and performed shall not be a waiver of any preceding or subsequent Event of Default or breach of the same or any other term, covenant or condition contained herein. Landlord’s failure of Landlord to seek redress for violation, or to insist upon the strict performance, performance of any of the terms, conditions or covenants herein shall not be deemed to be a waiver of any rights or remedies of Landlord. The subsequent acceptance of Rent by Landlord shall not be construed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this LeaseLease other than the failure of Tenant to pay the particular Rent or other payment or portion thereof so accepted, or any regardless of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with Landlord’s knowledge of such preceding breach at the breach time of any covenant of this Lease shall not be deemed a waiver acceptance of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any rental or other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlordpayment. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated Rent shall be deemed to be other than on account of the stipulated rentearliest Rent due and payable hereunder (subject in all respects to all applicable provisions of Article 4), nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent Rent be deemed an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord’s right to recover the balance of such rent Rent or pursue any other remedy provided in this Lease providedor in law or equity. This Section 14.5 may not be waived.
Appears in 1 contract
Samples: Casino Lease (Bref Hr, LLC)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant or subtenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to of Landlord’s 's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
Appears in 1 contract
Samples: Lease Agreement (Genzyme Corp)
Waiver by Landlord. The waiver by Landlord of any particular Event of Default or breach of any of the terms, covenants or conditions hereof on the part of Tenant to be kept and performed shall not be a waiver of any preceding or subsequent Event of Default or breach of the same or any other term, covenant or condition contained herein. Landlord’s failure of Landlord to seek redress for violation, or to insist upon the strict performance, performance of any of the terms, conditions or covenants herein shall not be deemed to be a waiver of any rights or remedies of Landlord. The subsequent acceptance of Rent by Landlord shall not be construed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this LeaseLease other than the failure of Tenant to pay the particular Rent or other payment or portion thereof so accepted, or any regardless of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with Landlord’s knowledge of such preceding breach at the breach time of any covenant of this Lease shall not be deemed a waiver acceptance of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any rental or other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlordpayment. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated Rent shall be deemed to be other than on account of the stipulated rentearliest Rent due and payable hereunder (subject in all respects to all applicable provisions of Article 4), nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent Rent be deemed an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord’s right to recover the balance of such rent Rent or pursue any other remedy provided in this Lease providedor in law or equity. This Section 10.3 may not be waived.
Appears in 1 contract
Samples: Casino Lease (Bref Hr, LLC)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s 's right to recover the balance of such rent or pursue any other remedy in this Lease provided. Tenant hereby waives for Tenant and all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by legal process or writ, Tenant's right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Waiver by Landlord. The failure Landlord’s waiver of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be deemed a waiver of or in any way affect the right of Landlord to seek redress for violation, or to insist upon full performance by Tenant of the terms, covenants and conditions of this Lease in strict performance, accordance with the terms thereof. The subsequent acceptance of Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant or any term, covenant or condition of this Lease, or any other than the failure of Tenant to pay the Rules and Regulations promulgated hereunderparticular Rent so accepted, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect regardless of an original violation. The receipt by Landlord of rent with Landlord’s knowledge of such preceding breach at the breach time of any covenant of this Lease shall not be deemed a waiver acceptance of such breachRent. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord. No payment by Tenant or receipt Acceptance by Landlord of a lesser amount sum less than the monthly rent herein stipulated Base Monthly Rent and Additional Rent or other sum then due shall not be deemed to be other than on account of the stipulated rentearliest installment of such rent or other amount due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent 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 rent installment or other amount or pursue any other remedy provided in this Lease providedLease.
Appears in 1 contract
Samples: Office Lease (Active Network Inc)
Waiver by Landlord. The failure of Landlord either party to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or Landlord’s failure to seek redress for violation, or to insist upon the strict performance, of any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent Yearly Rent, Additional Rent, or any other amounts or charges hereunder with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord either party unless such waiver is be in writing signed by Landlordthe waiving party, except as may be expressly provided in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent 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 rent or pursue any other remedy in this Lease provided.
Appears in 1 contract
Samples: Lease (Gritstone Bio, Inc.)
Waiver by Landlord. The failure of Landlord to seek redress for ------------------ violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant or subtenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to of Landlord’s 's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
Appears in 1 contract
Samples: Lease (Focal Communications Corp)
Waiver by Landlord. The failure of Landlord to seek redress for violation, or to insist upon the strict performance, of any covenant or condition of this Lease, or any of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent Rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any other tenant or subtenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent 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 rent or pursue any other remedy in this Lease provided.
Appears in 1 contract
Samples: Sublease (Fluidigm Corp)
Waiver by Landlord. The waiver by Landlord of any particular Event of Default or breach of any of the terms, covenants or conditions hereof on the part of Tenant to be kept and performed shall not be a waiver of any preceding or subsequent Event of Default or breach of the same or any other term, covenant or condition contained herein. Landlord’s failure of Landlord to seek redress for violation, or to insist upon the strict performance, performance of any of the terms, conditions or covenants herein shall not be deemed to be a waiver of any rights or remedies of Landlord. The subsequent acceptance of Rent by Landlord shall not be construed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this LeaseLease other than the failure of Tenant to pay the particular Rent or other payment or portion thereof so accepted, or any regardless of the Rules and Regulations promulgated hereunder, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with Landlord’s knowledge of such preceding breach at the breach time of any covenant of this Lease shall not be deemed a waiver acceptance of such breach. The failure of Landlord to enforce any of such Rules and Regulations against Tenant and/or any rental or other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlordpayment. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated Rent shall be deemed to be other than on account of the stipulated rentearliest Rent due and payable hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent Rent be deemed an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord’s right to recover the balance of such rent Rent or pursue any other remedy provided in this Lease providedor in law or equity. This Section 20.5 may not be waived.
Appears in 1 contract