Common use of Remedies Cumulative Clause in Contracts

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 99 contracts

Samples: Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Travelcenters of America LLC)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 88 contracts

Samples: Master Lease Agreement (MPT Operating Partnership, L.P.), Master Lease Agreement (MPT Operating Partnership, L.P.), Master Lease Agreement (Adeptus Health Inc.)

Remedies Cumulative. To the maximum extent permitted by law law and unless otherwise provided herein to the contrary, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 41 contracts

Samples: Hotel Lease Agreement (Apple REIT Ten, Inc.), Hotel Lease Agreement (Apple REIT Nine, Inc.), Hotel Lease Agreement (Apple REIT Eight, Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 22 contracts

Samples: Lease (Vici Properties Inc.), Lease Agreement (CAESARS ENTERTAINMENT Corp), Lease Agreement (Vici Properties Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Lessor now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) Lessor of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies.

Appears in 22 contracts

Samples: Master Lease Agreement (Alterra Healthcare Corp), Lease (Alterra Healthcare Corp), Lease (Alterra Healthcare Corp)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant Landlord, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 20 contracts

Samples: Master Lease Agreement (Care Investment Trust Inc.), Lease Agreement (CNL Retirement Properties Inc), Master Lease Agreement (Brookdale Living Communities Inc)

Remedies Cumulative. To the maximum extent permitted by law, each Each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Lessor now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) Lessor of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies.

Appears in 20 contracts

Samples: Master Lease (Ensign Group, Inc), Master Lease and Security Agreement (Emeritus Corp\wa\), Lease (Gc Net Lease Reit, Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute Applicable Laws or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 14 contracts

Samples: Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right rights, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 13 contracts

Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Master Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 11 contracts

Samples: Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.), Agreement and Plan of Merger (PNK Entertainment, Inc.), Agreement and Plan of Merger (Pinnacle Entertainment Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Owner or Tenant Manager, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Owner or Tenant (as applicable) Manager of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Owner or Manager of any or all of such other rights, powers and remedies.

Appears in 10 contracts

Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 10 contracts

Samples: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.), Lease Agreement (Education Realty Trust, Inc.), And Restated Lease Agreement (Global Medical REIT Inc.)

Remedies Cumulative. To the maximum extent permitted permitted, by law, each legal, equitable equitable, or contractual right, power power, and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power power, and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers powers, and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers powers, and remedies.

Appears in 10 contracts

Samples: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality LLC), Lease Agreement (ESH Hospitality LLC)

Remedies Cumulative. To the maximum extent permitted by law law but subject to Article 39 and any other provisions of this Lease expressly limiting the rights, powers and remedies of either Lessor or Lessee, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy remedy, and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 9 contracts

Samples: Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust)

Remedies Cumulative. To Except as otherwise expressly provided herein, to the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of or any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 8 contracts

Samples: Master Lease Agreement (Toys R Us Property Co I, LLC), Master Lease Agreement (Toys R Us Property Co II, LLC), Master Lease Agreement (Cheeseburger-Ohio, Limited Partnership)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Tenant or Tenant Manager, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Tenant or Tenant Manager (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Tenant of any or all of such other rights, powers and remedies.

Appears in 8 contracts

Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant Landlord, now or hereafter provided either in this Agreement Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 7 contracts

Samples: Lease Agreement (CNL Healthcare Trust, Inc.), Lease Agreement (CNL Healthcare Trust, Inc.), Lease Agreement (CNL Lifestyle Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, each party now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) each party of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord such party of any or all of such other rights, powers and remedies.

Appears in 7 contracts

Samples: Lease (New York Bagel Enterprises Inc), Lease (New York Bagel Enterprises Inc), Lease (Tesseract Group Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 6 contracts

Samples: Lease (Unison Healthcare Corp), __________ Lease (Emeritus Corp\wa\), California Facilities Security Agreement (Iasis Healthcare Corp)

Remedies Cumulative. To the maximum extent permitted by law, each Each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 5 contracts

Samples: Lease (First Choice Healthcare Solutions, Inc.), Lease (Global Medical REIT Inc.), Lease (Global Medical REIT Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Lessor now or hereafter provided either in this Agreement Master Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy remedy, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) Lessor of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies.

Appears in 5 contracts

Samples: Master Lease Agreement (Sun Healthcare Group Inc), Master Lease Agreement (Omega Healthcare Investors Inc), Master Lease Agreement (Sun Healthcare Group Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, either party now or hereafter provided either in this Agreement Lease or by statute statute, or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy remedy, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) either party of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord such party of any or all of such other rights, powers and remedies.

Appears in 5 contracts

Samples: Lease Agreement (HMC Merger Corp), Lease Agreement (Crestline Capital Corp), Lease Agreement (HMC Merger Corp)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute Applicable Laws or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 5 contracts

Samples: Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc)

Remedies Cumulative. To Unless otherwise provided herein and to the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 5 contracts

Samples: Master Transaction Agreement (MGM Resorts International), Purchase Agreement (MGM Resorts International), Master Transaction Agreement (MGM Resorts International)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of the such other rights, powers and remedies.

Appears in 4 contracts

Samples: Sublease Agreement (Eldertrust), Lease Agreement (Eldertrust), Lease Agreement (Eldertrust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Owner now or hereafter provided either in this Agreement or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) Owner of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Owner of any or all of such other rights, powers and remedies.

Appears in 4 contracts

Samples: Course Use Agreement (CAESARS ENTERTAINMENT Corp), Course Use Agreement (Caesars Entertainment, Inc.), Course Use Agreement (Vici Properties Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each Each legal, equitable or contractual right, power and remedy of Landlord or Tenant, the Parties now or hereafter provided either in this Agreement or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) such Parties of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord any Party of any or all of such other rights, powers and remedies.

Appears in 4 contracts

Samples: Master Leasing Agreement (Apartment Income REIT Corp.), Master Lease Agreement (Aimco Properties L.P.), Master Leasing Agreement (Aimco OP L.P.)

Remedies Cumulative. To the maximum extent permitted by law law but subject to Article XXXIX and any other provisions of this Lease expressly limiting the rights, powers and remedies of either Lessor or Lessee, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 4 contracts

Samples: Lease Agreement (Capstar Hotel Co), Lease Agreement (American General Hospitality Corp), Purchase and Sale Agreement (Prime Hospitality Corp)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 4 contracts

Samples: Master Lease (CNL Income Properties Inc), Hotel Lease (Procaccianti Hotel Reit, Inc.), Master Lease (CNL Income Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant Landlord, now or hereafter provided either in this Agreement Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 4 contracts

Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies . The provisions of this Section are subject in all respects to the provisions of Article 24.

Appears in 4 contracts

Samples: Master Lease (National Health Investors Inc), Master Lease (Newcastle Investment Corp), Master Lease (Emeritus Corp\wa\)

Remedies Cumulative. To the maximum extent permitted by law, each legal, ------------------- equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 3 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual Each right, power and remedy of Landlord or Tenant, now or hereafter provided either the ------------------- Secured Party set forth in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy of the Secured Party, and the exercise or beginning of by the exercise by Landlord or Tenant (as applicable) Secured Party of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent later exercise by Landlord the Secured Party of any or all of such other rights, powers and or remedies.

Appears in 3 contracts

Samples: Security Agreement (Calcomp Technology Inc), Security Agreement (Lockheed Martin Corp), Security Agreement (Calcomp Technology Inc)

Remedies Cumulative. To the maximum extent permitted by law , and except as specifically waived herein, each legal, equitable or contractual right, power and remedy of Landlord or Tenant Landlord, now or hereafter provided either in this Agreement Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 3 contracts

Samples: Sub Permit and Lease Agreement (CNL Income Properties Inc), Sub Permit and Lease Agreement (CNL Lifestyle Properties Inc), Sublease Agreement (CNL Income Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided provided, either in this Agreement Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 3 contracts

Samples: Lease Agreement (Biomimetic Therapeutics, Inc.), Lease Agreement (Biomimetic Therapeutics, Inc.), Lease Agreement (Biomimetic Therapeutics, Inc.)

Remedies Cumulative. To the maximum extent permitted by law law but subject to Article 39 and any other provisions of this Lease expressly limiting the rights, powers and remedies of either Lessor or Lessee, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy remedy, and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies . . ARTICLE ------- 26

Appears in 2 contracts

Samples: Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust)

Remedies Cumulative. To Except as otherwise expressly provided herein, to the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy remedy; and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Master Lease Agreement (Osi Restaurant Partners, LLC), Master Lease Agreement (Bloomin' Brands, Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord any Owner or Tenant Manager, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord any Owner or Tenant (as applicable) Manager of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord any Owner or Manager of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual Each right, power and remedy of Landlord the Lessor provided for in this Lease or Tenant, now or hereafter provided either existing at law or in this Agreement equity or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right concurrent, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) the Lessor of any one or more of such rights, powers and or remedies shall not preclude the simultaneous or subsequent later exercise by Landlord the Lessor of any or all of other such other rights, powers and or remedies.

Appears in 2 contracts

Samples: Lease Agreement (Aspect Medical Systems Inc), Lease Agreement (Lifef X Inc)

Remedies Cumulative. To the maximum extent permitted by law, ------------------- each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Hospitality Properties Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual Each right, power and remedy of Landlord the respective Lenders as provided for herein or Tenant in each other Settlement Document and each Surviving Document, and now or hereafter provided either existing at law or in this Agreement equity or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy or remedy, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) a Lender of any one or more of such rights, powers and or remedies shall not preclude the simultaneous or subsequent later exercise by Landlord either Lender of any or all of such other rights, powers and or remedies.

Appears in 2 contracts

Samples: Settlement Agreement (Williams Industries Inc), Settlement Agreement (Williams Industries Inc)

Remedies Cumulative. To the maximum extent permitted by law law and unless -------------------- otherwise provided herein to the contrary, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Hotel Lease Agreement (Apple Suites Inc), Hotel Lease Agreement (Apple Suites Inc)

Remedies Cumulative. To the maximum extent permitted by law law and unless ------------------- otherwise provided herein to the contrary, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Master Hotel Lease Agreement (Apple Hospitality Two Inc), Master Hotel Lease Agreement (Apple Hospitality Two Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual Each right, power and remedy of Landlord or Tenant Pledgee provided for in this Agreement, any Note, and any of the other Loan Documents, now or hereafter provided either existing at law, in this Agreement or equity and by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other such right, power and remedy and the exercise or beginning of the remedy. The exercise by Landlord or Tenant (as applicable) Pledgee of any one or more of such rights, powers and or remedies shall not preclude the simultaneous or subsequent later exercise by Landlord of any or all of such other rights, powers and or remedies . No failure or delay on the part of Pledgee to exercise any right, power or remedy shall operate as a waiver thereof.

Appears in 2 contracts

Samples: American Pledge and Security Agreement (Stratum Holdings, Inc.), Canadian Pledge and Security Agreement (Stratum Holdings, Inc.)

Remedies Cumulative. To the maximum extent permitted by law law but subject ------------------- to Article XXXIX and any other provisions of this Lease expressly limiting the ------------- rights, powers and remedies of either Lessor or Lessee, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Lease Agreement (Boston Properties Inc), Lease Agreement (Boston Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Lessor now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy remedy, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) Lessor of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Master Lease (Omega Healthcare Investors Inc), Master Lease (Integrated Health Services Inc)

Remedies Cumulative. To the maximum extent permitted by law, ------------------- each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) of or any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Tenant of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Master Lease Agreement (Vencor Healthcare Inc), Master Lease Agreement (Ventas Inc)

Remedies Cumulative. To Unless otherwise provided herein and to the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Master Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Master Transaction Agreement (Vici Properties Inc.), Master Transaction Agreement (MGM Resorts International)

Remedies Cumulative. To the maximum extent permitted by law, each legal, ------------------- equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 2 contracts

Samples: Executive Original (National Golf Properties Inc), Lease (National Golf Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each ------------------- legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute stature or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease (National Golf Properties Inc)

Remedies Cumulative. To The Company agrees that the maximum extent permitted rights, powers and remedies given to Grantees by law this Agreement, each legal the Purchase Agreement and the Investors’ Rights Agreement are cumulative and concurrent and not exclusive of any thereof or of any other powers, equitable rights or contractual right remedies available to the Grantees, power and remedy of Landlord whether existing at law or Tenant, now or hereafter provided either in this Agreement equity or by statute or otherwise, shall be cumulative and concurrent otherwise and shall be in addition to every other right, power and or remedy provided in this Agreement or such other agreements or now or hereafter existing or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) the Grantees of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent later exercise by Landlord the Grantees of any or all of such other rights, powers and remedies . No failure on the part of the Grantees to exercise any right, power or remedy shall operate as a waiver thereof.

Appears in 1 contract

Samples: Investors’ Rights Agreement (KFX Inc)

Remedies Cumulative. To the maximum extent permitted by law , and except as specifically waived herein, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (CNL Income Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement CLEC Master Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the 9898 simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Clec Master Lease (Uniti Group Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies. the

Appears in 1 contract

Samples: Lease ( (Presidio Golf Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Master Lease Document or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies . . Article XXX

Appears in 1 contract

Samples: Master Lease Document General Terms And (Universal Health Realty Income Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease ( (Presidio Golf Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord such party of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Country Maid Financial Inc)

Remedies Cumulative. To the maximum extent permitted by law law but subject to any provisions of this Lease expressly limiting the rights, powers and remedies of either Lessor or Lessee, (e.g. the limitation of damages upon Termination) each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies . . ARTICLE XXVII

Appears in 1 contract

Samples: Master Lease Agreement (PMC Commercial Trust /Tx)

Remedies Cumulative. To the maximum extent permitted by law, each legal, -------------------- equitable or contractual right, power and remedy of Landlord or Tenant, Lessor now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy remedy, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) Lessor of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies . . ARTICLE XXVII 27.1

Appears in 1 contract

Samples: Operations Transfer Agreement (Emeritus Corp\wa\)

Remedies Cumulative. To the maximum extent permitted by law, ---- ------------------- each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Lasalle Hotel Properties)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessees now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessees of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessees of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Master Lease (Raintree Healthcare Corp)

Remedies Cumulative. To the maximum extent permitted by law, each Each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or by Lessee of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease (Gc Net Lease Reit, Inc.)

Remedies Cumulative. To the maximum extent permitted by law law but subject to ------------------- Article XXXIX and any other provisions of this Lease expressly limiting the rights, powers and remedies of either Lessor or Lessee, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (American General Hospitality Corp)

Remedies Cumulative. To the maximum extent permitted by law, each ------------------- legal, equitable or contractual right, power and remedy of Landlord or Tenant, either party now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) either party of any one or more of such rights, powers and remedies shall not preclude prelude the simultaneous or subsequent exercise by Landlord such party of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: National Golf Properties Inc

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers 147 and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease (Vici Properties Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual Each right, power and remedy of Landlord the Mortgagee provided for in this Mortgage, in the Note, in the Agreement or Tenant, now or hereafter provided either existing at law or in this Agreement equity or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other such right, power and remedy or remedy, and the exercise or beginning of the exercise or partial exercise by Landlord or Tenant (as applicable) the Mortgagee of any one or more of such rights, powers and or remedies shall not preclude the simultaneous or subsequent later exercise by Landlord the Mortgagee of any or all of such other rights, powers and or remedies.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Oriole Homes Corp)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one 115 or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Vici Properties Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Master Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Master Lease Agreement (Winston Hotels Inc)

Remedies Cumulative. To The Company agrees that the maximum extent permitted rights, powers and ------------------- remedies given to Grantees by law this Agreement, each legal the Purchase Agreement and the Investors' Rights Agreement are cumulative and concurrent and not exclusive of any thereof or of any other powers, equitable rights or contractual right remedies available to the Grantees, power and remedy of Landlord whether existing at law or Tenant, now or hereafter provided either in this Agreement equity or by statute or otherwise, shall be cumulative and concurrent otherwise and shall be in addition to every other right, power and or remedy provided in this Agreement or such other agreements or now or hereafter existing or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) the Grantees of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent later exercise by Landlord the Grantees of any or all of such other rights, powers and remedies . No failure on the part of the Grantees to exercise any right, power or remedy shall operate as a waiver thereof.

Appears in 1 contract

Samples: Rights Agreement (KFX Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement ILEC Master Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Ilec Master Lease (Uniti Group Inc.)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of or any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Sublease Agreement (Extendicare Health Services Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, ------------------- equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) of Lessee or any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Kindred Healthcare Inc

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant Landlord, now or hereafter provided either in this Agreement the applicable Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Senior Housing Properties Trust

Remedies Cumulative. To the maximum extent permitted by law, each ------------------- legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Crestline Capital Corp)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease and Security Agreement (Balanced Care Corp)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power Each right and remedy of Landlord or Tenant, now or hereafter provided either for in this Agreement or by statute or otherwise, Lease shall be cumulative and concurrent and shall be in addition to every other right right or remedy provided for herein or now or hereafter existing by Law, power and remedy and the in equity or otherwise. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and the foregoing rights or remedies shall not preclude the simultaneous or subsequent later exercise by Landlord of any or all of other such other rights, powers and rights or remedies.

Appears in 1 contract

Samples: Lease (Interstate General Co L P)

Remedies Cumulative. To The Company agrees that the maximum extent permitted rights, powers and remedies given to Grantees by law this Agreement, each legal the Purchase Agreement and the Investors' Rights Agreement are cumulative and concurrent and not exclusive of any thereof or of any other powers, equitable rights or contractual right remedies available to the Grantees, power and remedy of Landlord whether existing at law or Tenant, now or hereafter provided either in this Agreement equity or by statute or otherwise, shall be cumulative and concurrent otherwise and shall be in addition to every other right, power and or remedy provided in this Agreement or such other agreements or now or hereafter existing or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) the Grantees of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent later exercise by Landlord the Grantees of any or all of such other rights, powers and remedies . No failure on the part of the Grantees to exercise any right, power or remedy shall operate as a waiver thereof.

Appears in 1 contract

Samples: Put Agreement (Westcliff Capital Management LLC/Ca)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in 60 67 this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Douglas Manor Lease (Unison Healthcare Corp)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies . . -66- 23.4

Appears in 1 contract

Samples: Lease Agreement (Alterra Healthcare Corp)

Remedies Cumulative. To the maximum extent permitted by law law but subject to ARTICLE XXXVI and any other provisions of this Lease expressly limiting the rights, powers and remedies of either Lessor or Lessee, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Interstate Hotels Management Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, -------------------- equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies . . 84.1

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Operating Lessor or Tenant, Operating Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Operating Lessor or Tenant (as applicable) Operating Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Operating Lessor or Operating Lessee of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Sunstone Hotel Investors, Inc.)

Remedies Cumulative. To Pledgor agrees that the maximum extent permitted rights, powers and ------------------- remedies given to the Company by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement are cumulative and concurrent and not exclusive of any herein or of any other powers, rights or remedies available to the Company, whether existing at law or in equity or by statute or otherwise, shall be cumulative and concurrent otherwise and shall be in addition to every other right, power and or remedy provided in this Agreement or now or hereafter existing or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) the Company of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent later exercise by Landlord the Company of any or all of such other rights, powers and remedies . No failure on the part of the Company to exercise any right, power or remedy shall operate as a waiver thereof.

Appears in 1 contract

Samples: Pledge Agreement (Preview Systems Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Personal Property Lease Agreement (CNL Lifestyle Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant Lessee, now or hereafter provided either in this Agreement or by statute Applicable Laws or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant Lessee (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (CNL Retirement Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each Each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Lessor now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) Lessor of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies . . ARTICLE XXIX. 29.1

Appears in 1 contract

Samples: Master Lease (Emeritus Corp\wa\)

Remedies Cumulative. To Except as otherwise expressly provided by this Agreement, to the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant either party, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) such party of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord such party of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Sentio Healthcare Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies . . 35.3

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Remedies Cumulative. To Except as otherwise expressly provided herein, to the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Tenant now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Master Lease Agreement (Station Casinos Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Brookdale Senior Living Inc.)

Remedies Cumulative. To the maximum extent permitted by law Applicable Law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (CNL Income Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, Sublandlord now or hereafter provided either in this Agreement Sublease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the remedy. The exercise or beginning of the exercise by Landlord or Tenant (as applicable) Sublandlord of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Sublandlord of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Presidio Golf Trust

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant Landlord, now or hereafter provided either in this Agreement the applicable Lease or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, rights powers and remedies.

Appears in 1 contract

Samples: Master Lease Document (Senior Housing Properties Trust)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant, Lessee now or hereafter provided either in this Agreement Lease or by statute or otherwise, otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant (as applicable) Lessee of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor or Lessee of any or all of such other rights, powers and remedies. any

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Remedies Cumulative. To the maximum extent permitted by law, each legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord of any or all of such other rights, powers and remedies . . 1240817

Appears in 1 contract

Samples: Lease Agreement (CNL Lifestyle Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law Applicable Law, each legal, equitable or contractual right, power and remedy of Landlord Lessor or Tenant Lessee, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord Lessor or Tenant Lessee (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord Lessor of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Personal Property Lease Agreement (CNL Income Properties Inc)

Remedies Cumulative. To the maximum extent permitted by law, each ------------------- legal, equitable or contractual right, power and remedy of Landlord or Tenant, now or hereafter provided either in this Agreement or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by Landlord or Tenant (as applicable) of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by Landlord or Tenant of any or all of such other rights, powers and remedies.

Appears in 1 contract

Samples: Lease Agreement (Homestead Village Inc)