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REHOBOTH MALL LTD. v. NPC INTERN., INC.

No. 419, 2007.

953 A.2d 702 (2008)

REHOBOTH MALL LIMITED PARTNERSHIP, a foreign partnership, Defendant Below, Appellant, v. NPC INTERNATIONAL, INC., As Successor In Interest To Pizza Hut of Kirkwood Highway, Inc., Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 2, 2008.

Revised: July 23, 2008.

Attorney(s) appearing for the Case

John A. Sergovic, Jr., Esquire of Sergovic & Ellis, P.A., Georgetown, Delaware, for Appellant.

Melissa L. Rhoads, Esquire (argued) and Paul Cottrell, Esquire of Tighe & Cottrell, P.A., Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

BERGER, Justice.

In this appeal we consider whether a landlord may refuse to extend a commercial lease, for a second time, based on a tenant's defaults during the initial lease term. The landlord did not rely on those defaults to deny the tenant its first lease renewal term, and the tenant committed no defaults thereafter. The landlord argues that the lease's "no waiver" provision allows the landlord to enforce the tenant's past defaults at any time. We disagree....

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