Common use of CUSTOM AND USAGE Clause in Contracts

CUSTOM AND USAGE. It is hereby covenanted and agreed, any law, usage or custom to the contrary notwithstanding, that LANDLORD shall have the right at all times to enforce each and every of the terms, provisions, covenants, agreements, undertakings, and conditions of this Lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of LANDLORD in refraining from so doing at any time or times. The waiver by LANDLORD of any breach of any term, provision, covenant, agreement, undertaking, or condition contained in this Lease shall absolutely not be deemed to be a continuing waiver of any such or of any subsequent breach of the same or any other like or differing term, provision, covenant, agreement, undertaking, or condition contained in this Lease. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of any preceding breach by TENANT of any term, provision, covenant, agreement, undertaking, or condition of this Lease other than the failure of TENANT to pay the particular rent so accepted, regardless absolutely of LANDLORD’S knowledge of such preceding breach at the time of acceptance of such rent. No term, provision, covenant, agreement, undertaking, or condition of this Lease shall be deemed to have been waived by LANDLORD unless such waiver be specifically set forth in writing and signed by LANDLORD. Wherever LANDLORD is given in this Lease a right to consent or approve an action by TENANT which consent is not specified to be on the basis of reasonableness, LANDLORD may arbitrarily withhold its consent thereto. In the event that in this Lease it is provided that the exercise of any right by TENANT or the performance of any obligations of TENANT shall be subject to the consent or approval of LANDLORD and that the consent or approval of LANDLORD shall not be unreasonably withheld or delayed, then in any case in which LANDLORD shall withhold or delay its consent, such determination by LANDLORD shall be conclusive upon TENANT unless, however, TENANT shall within twenty (20) days after notice from LANDLORD of its determination, file an equitable action in the appropriate court in the county in which the Shopping Center is located seeking injunctive relief from LANDLORD’S determination, which such injunctive relief shall be the sole remedy of TENANT for any such withholding or delaying of consent or approval by LANDLORD. In the event that any action for injunctive relief shall be filed by TENANT pursuant to the provisions of this paragraph, the sole issue to be submitted to the court shall be determination as to whether the withholding or delaying of consent or approval by LANDLORD shall have been reasonable or unreasonable, and in the event that it should be determined that the withholding or delay of a consent or approval by LANDLORD was unreasonable, then the court’s decision or order shall annul such withholding or delaying of consent or approval, such annulment being the sole remedy of TENANT, it being the intention of the parties hereto (as to which they are conclusively bound) that in no event shall any such withholding or delaying of consent or approval by LANDLORD, or any decision of any court with respect thereto impose any financial liability upon or result in any damages being recoverable from LANDLORD and/or create any right cognizable or remedy enforceable in favor of TENANT and against LANDLORD in law or equity (except as aforesaid) or under any special statutory proceeding or at all.