This office lease provision states that the guarantor's liability is not affected or impaired by any delay by or failure of the landlord in enforcing any of its rights or remedies under the lease or at law, or by any deferral, waiver, or release of the tenant's obligations under the lease or any forbearance by the landlord in exercising any of its rights and remedies or by any other action, inaction, or omission by the landlord. This guaranty is independent of any security or remedies which the landlord has under the law.
The South Dakota Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord is a legal clause that protects the interests of landlords and guarantors in a lease agreement. This provision ensures that any enforcement actions taken by the landlord against the tenant or guarantor will not be affected by any prior waiver or forbearance given by the landlord. In South Dakota, there are two different types of provisions regarding guaranty stating that it is unaffected by any waiver or forbearance by the landlord: 1. General South Dakota Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord: This is a standard clause that is included in lease agreements across the state of South Dakota. It asserts that any concession, delay, or indulgence given by the landlord to the tenant or guarantor will not impair the landlord's rights against the guarantor. Essentially, it means that even if the landlord has been lenient or forgiving in certain situations, they still retain the right to pursue the guarantor for any outstanding obligations. 2. South Dakota Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord (Specific Conditions): This type of provision is more specific and may outline certain conditions or circumstances that trigger the waiver or forbearance clause. For example, it may state that any waiver or forbearance granted by the landlord will not be considered a permanent modification unless it is explicitly stated in writing and signed by both parties. This ensures that any leniency or concessions provided by the landlord are temporary and do not waive their rights to pursue the guarantor in the future. When including the South Dakota Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord in a lease agreement, it is crucial to consult with a legal professional to ensure compliance with South Dakota laws and to customize the provision based on the specific circumstances of the lease agreement.
