Common use of WAIVERS AND SURRENDERS TO BE IN WRITING Clause in Contracts

WAIVERS AND SURRENDERS TO BE IN WRITING. The receipt of full or partial Rent by Owner with knowledge of any breach of this Lease by Tenant or of any default on the part of the Tenant in the observance or performance of any of the provisions or covenants of this Lease shall not be deemed to be a waiver of any such provision, covenant or breach of this Lease provided, however, that acceptance of a payment of Rent shall be valid pro tanto. No waiver or modification by Owner, unless in writing, and signed by Owner, shall discharge or invalidate any provision or covenant or affect the right of Owner to enforce the same in the event of any subsequent breach or default. The failure on the part of Owner to insist in any one or more instances upon the strict performance of any of the provisions or covenants of this Lease, or to enforce any covenant or provision herein contained or to exercise any right, remedy or election herein contained consequent upon a breach of any provision of this Lease, shall not affect or alter this Lease or be construed as a waiver or relinquishment for the future of such one or more provisions or covenants or of the right to insist upon strict performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any existing or subsequent breach, act or omission, whether of a similar nature or otherwise. The receipt by Owner of any rent or any other sum of money or any other consideration hereunder paid by Tenant after the termination, in any manner, of the Term, or after the giving by Owner of the notice under Section 24(b), above, shall not reinstate, continue or extend the Term, or destroy, or in any manner impair the efficacy of any such notice, as may have been given hereunder by Owner to Tenant prior to the receipt of any such Rent, or other sum of money or other consideration, unless so agreed to in writing and signed by Owner. Neither acceptance of the keys or any other act or thing done by Owner or any agent or employee shall be deemed to be an acceptance of a surrender of the Premises, or any part thereof, excepting only an agreement in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the correct Rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check, as distinguished from any letter accompanying such check or payment, be deemed to effect or evidence an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance or pursue any other remedy in this Lease provided. The payment of Rent by Tenant shall not be deemed a waiver of any rights of Tenant.

WAIVERS AND SURRENDERS TO BE IN WRITING. SECTION 22.01. The receipt of full or partial Rent by Owner Lessor with knowledge of any breach of this Lease by Tenant Lessee or of any default on the part of the Tenant Lessee in the observance or performance of any of the provisions or covenants of this Lease shall not be deemed to be a waiver of any such provision, covenant or breach of this Lease providedLease, howeverPROVIDED, HOWEVER, that acceptance of a payment of Rent shall be valid pro tantoPRO TANTO. No waiver or modification by OwnerLessor, unless in writing, and signed by OwnerLessor, shall discharge or invalidate any provision or covenant or affect the right of Owner Lessor to enforce the same in the event of any subsequent breach or default. The failure on the part of Owner Lessor to insist in any one or more instances upon the strict performance of any of the provisions or covenants of this Lease, or to enforce any covenant or provision herein contained or to exercise any right, remedy or election herein contained consequent upon a breach of any provision of this Lease, shall not affect or alter this Lease or be construed as a waiver or relinquishment for the future of such one or more provisions or covenants or of the right to insist upon strict performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any existing or subsequent breach, act or omission, whether of a similar nature or otherwise. The receipt by Owner Lessor of any rent or any other sum of money or any other consideration hereunder paid by Tenant Lessee after the termination, in any manner, of the Term, or after the giving by Owner Lessor of the notice under Section 24(b), aboveTermination Notice, shall not reinstate, continue or extend the Term, or destroy, or in any manner impair the efficacy of any such noticeTermination Notice, as may have been given hereunder by Owner Lessor to Tenant Lessee prior to the receipt of any such Rent, or other sum of money or other consideration, unless so agreed to in writing and signed by OwnerLessor. Neither acceptance of the keys or any other act or thing done by Owner Lessor or any agent or employee shall be deemed to be an acceptance of a surrender of the Demised Premises, or any part thereof, excepting only an agreement in writing signed by OwnerLessor. No payment by Tenant Lessee or receipt by Owner Lessor of a lesser amount than the correct Rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check, as distinguished from any letter accompanying such check or payment, be deemed to effect or evidence an accord and satisfaction, and Owner Lessor may accept such check or payment without prejudice to OwnerLessor's right to recover the balance or pursue any other remedy in this Lease provided. SECTION 22.02. The payment xxxx xxxxxx performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any existing or subsequent breach, act or omission, whether of Rent by Tenant shall not be deemed a waiver of any rights of Tenantsimilar nature or otherwise.

WAIVERS AND SURRENDERS TO BE IN WRITING. SECTION 22.01. The receipt of full or partial Rent rent by Owner Lessor with knowledge of any breach of this Lease by Tenant Lessee or of any default on the part of the Tenant Lessee in the observance or performance of any of the provisions or covenants of this Lease shall not be deemed to be a waiver of any such provision, covenant or breach of this Lease provided, however, that acceptance of a payment of Rent rent shall be valid pro tanto. No waiver or modification by OwnerLessor, unless in writing, and signed by OwnerLessor, shall discharge or invalidate any provision or covenant or affect the right of Owner Lessor to enforce the same in the event of any subsequent breach or default. The failure on the part of Owner Lessor to insist in any one or more instances upon the strict performance of any of the provisions or covenants of this Lease, or to enforce any covenant or provision herein contained or to exercise any right, remedy or election herein contained consequent upon a breach of any provision of this Lease, shall not affect or alter this Lease or be construed as a waiver or relinquishment for the future of such one or more provisions or covenants or of the right to insist upon strict performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any existing or subsequent breach, act or omission, whether of a similar nature or otherwise. The receipt by Owner Lessor of any rent or any other sum of money or any other consideration hereunder paid by Tenant Lessee after the termination, in any manner, of the Term, or after the giving by Owner Lessor of the notice under Section 24(b), aboveTermination Notice, shall not reinstate, continue or extend the Term, or destroy, or in any manner impair the efficacy of any such noticeTermination Notice, as may have been given hereunder by Owner Lessor to Tenant Lessee prior to the receipt of any such Rentrent, or other sum of money or other consideration, unless so agreed to in writing and signed by OwnerLessor. Neither acceptance of the keys or any other act or thing done by Owner Lessor or any agent or employee shall be deemed to be an acceptance of a surrender of the Demised Premises, or any part thereof, excepting only an agreement in writing signed by OwnerLessor. No payment by Tenant Lessee or receipt by Owner Lessor of a lesser amount than the correct Rent rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check, as distinguished from any letter accompanying such check or payment, be deemed to effect or evidence an accord and satisfaction, and Owner Lessor may accept such check or payment without prejudice to OwnerLessor's right to recover the balance or pursue any other remedy in this Lease provided. SECTION 22.02. No waiver or modification by Lessee, unless in writing, and signed by Lessee, shall discharge or invalidate any provision or covenant or affect the right of Lessee to enforce the same in the event of any subsequent breach or default. The payment failure on the part of Rent by Tenant Lessee to insist in any one or more instances upon the strict performance of any of the provisions or covenants of this Lease, or to enforce any covenant or provision herein contained or to exercise any right, remedy or election herein contained consequent upon a breach of any provision of this Lease, shall not affect or alter this Lease or be deemed construed as a waiver or relinquishment for the future of such one or more provisions or covenants or of the right to insist upon strict performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any rights existing or subsequent breach, act or omission, whether of Tenanta similar nature or otherwise.

WAIVERS AND SURRENDERS TO BE IN WRITING. SECTION 22.01. The receipt of full or partial Rent rent by Owner Lessor with knowledge of any breach of this Lease by Tenant Lessee or of any default on the part of the Tenant Lessee in the observance or performance of any of the provisions or covenants of this Lease shall not be deemed to be a waiver of any such provision, covenant or breach of this Lease provided, however, that acceptance of a payment of Rent rent shall be valid pro tanto. No waiver or modification by OwnerLessor, unless in writing, and signed by OwnerLessor, shall discharge or invalidate any provision or covenant or affect the right of Owner Lessor to enforce the same in the event of any subsequent breach or default. The failure on the part of Owner Lessor to insist in any one or more instances upon the strict performance of any of the provisions or covenants of this Lease, or to enforce any covenant or provision herein contained or to exercise any right, remedy or election herein contained consequent upon a breach of any provision of this Lease, shall not affect or alter this Lease or be construed as a waiver or relinquishment for the future of such one or more provisions or covenants or of the right to insist upon strict performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any existing or subsequent breach, act or omission, whether of a similar nature or otherwise. The receipt by Owner Lessor of any rent or any other sum of money or any other consideration hereunder paid by Tenant Lessee after the termination, in any manner, of the Term, or after the giving by Owner Lessor of the notice under Section 24(b), aboveTermination Notice, shall not reinstate, continue or extend the Term, or destroy, or in any manner impair the efficacy of any such noticeTermination Notice, as may have been given hereunder by Owner Lessor to Tenant Lessee prior to the receipt of any such Rentrent, or other sum of money or other consideration, unless so agreed to in writing and signed by OwnerLessor. Neither acceptance of the keys or any other act or thing done by Owner Lessor or any agent or employee shall be deemed to be an acceptance of a surrender of the Demised Premises, or any part thereof, excepting only an agreement in writing signed by OwnerLessor. No payment by Tenant Lessee or receipt by Owner Lessor of a lesser amount than the correct Rent rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check, as distinguished from any letter accompanying such check or payment, be deemed to effect or evidence an accord and satisfaction, and Owner Lessor may accept such check or payment without prejudice to Owner's Lessor’s right to recover the balance or pursue any other remedy in this Lease provided. The payment of Rent by Tenant shall not be deemed a waiver of any rights of Tenant.

WAIVERS AND SURRENDERS TO BE IN WRITING. The receipt of full or partial Rent rent by Owner Lessor with knowledge of any breach of this Lease by Tenant Lessee or of any default on the part of the Tenant Lessee in the observance or performance of any of the provisions or covenants of this Lease shall not be deemed to be a waiver of any such provision, covenant or breach of this Lease providedPROVIDED, howeverHOWEVER, that acceptance of a payment of Rent rent shall be valid pro tantoPRO TANTO. No waiver or modification by OwnerLessor, unless in writing, and signed by OwnerLessor, shall discharge or invalidate any provision or covenant or affect the right of Owner Lessor to enforce the same in the event of any subsequent breach or default. The failure on the part of Owner Lessor to insist in any one or more instances upon the strict performance of any of the provisions or covenants of this Lease, or to enforce any covenant or provision herein contained or to exercise any right, remedy or election herein contained consequent upon a breach of any provision of this Lease, shall not affect or alter this Lease or be construed as a waiver or relinquishment for the future of such one or more provisions or covenants or of the right to insist upon strict performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any existing or subsequent breach, act or omission, whether of a similar nature or otherwise. The receipt by Owner Lessor of any rent or any other sum of money or any other consideration hereunder paid by Tenant Lessee after the termination, in any manner, of the Term, or after the giving by Owner Lessor of the notice under Section 24(b), aboveTermination Notice, shall not reinstate, continue or extend the Term, or destroy, or in any manner impair the efficacy of any such noticeTermination Notice, as may have been given hereunder by Owner Lessor to Tenant Lessee prior to the receipt of any such Rentrent, or other sum of money or other consideration, unless so agreed to in writing and signed by OwnerLessor. Neither acceptance of the keys or any other act or thing done by Owner Lessor or any agent or employee shall be deemed to be an acceptance of a surrender of the Demised Premises, or any part thereof, excepting only an agreement in writing signed by OwnerLessor. No payment by Tenant Lessee or receipt by Owner Lessor of a lesser amount than the correct Rent rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check, as distinguished from any letter accompanying such check or payment, be deemed to effect or evidence an accord and satisfaction, and Owner Lessor may accept such check or payment without prejudice to OwnerLessor's right to recover the balance or pursue any other remedy in this Lease provided. The payment of Rent by Tenant shall not be deemed a waiver of any rights of Tenant.

WAIVERS AND SURRENDERS TO BE IN WRITING. SECTION 22.01. The receipt of full or partial Rent rent by Owner Lessor with knowledge of any breach of this Lease by Tenant Lessee or of any default on the part of the Tenant Lessee in the observance or performance of any of the provisions or covenants of this Lease shall not be deemed to be a waiver of any such provision, covenant or breach of this Lease provided, however, that acceptance of a payment of Rent rent shall be valid pro tanto. No waiver or modification by OwnerLessor, unless in writing, and signed by OwnerLessor, shall discharge or invalidate any provision or covenant or affect the right of Owner Lessor to enforce the same in the event of any subsequent breach or default. The failure on the part of Owner Lessor to insist in any one or more instances upon the strict performance of any of the provisions or covenants of this Lease, or to enforce any covenant or provision herein contained or to exercise any right, remedy or election herein contained consequent upon a breach of any provision of this Lease, shall not affect or alter this Lease or be construed as a waiver or relinquishment for the future of such one or more provisions or covenants or of the right to insist upon strict performance or to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any existing or subsequent breach, act or omission, whether of a similar nature or otherwise. The receipt by Owner Lessor of any rent or any other sum of money or any other consideration hereunder paid by Tenant Lessee after the termination, in any manner, of the Term, or after the giving by Owner Lessor of the notice under Section 24(b), aboveTermination Notice, shall not reinstate, continue or extend the Term, or destroy, or in any manner impair the efficacy of any such noticeTermination Notice, as may have been given hereunder by Owner Lessor to Tenant Lessee prior to the receipt of any such Rentrent, or other sum of money or other consideration, unless so agreed to in writing and signed by OwnerLessor. Neither acceptance of the keys or any other act or thing done by Owner Lessor or any agent or employee shall be deemed to be an acceptance of a surrender of the Demised Premises, or any part thereof, excepting only an agreement in writing signed by OwnerLessor. No payment by Tenant Lessee or receipt by Owner Lessor of a lesser amount than the correct Rent rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check, as distinguished from any letter accompanying such check or payment, be deemed to effect or evidence an accord and satisfaction, and Owner Lessor may accept such check or payment without prejudice to OwnerLessor's right to recover the balance or pursue any other remedy in this Lease provided. The payment of Rent by Tenant shall not be deemed a waiver of any rights of Tenant.