402. Waiver of covenant restricting user.

A covenant restricting the user of premises is a continuing covenant, and there is a new breach every day while the premises are used in violation of it1; but the landlord may waive the covenant partially, so as to allow of the carrying on of a particular trade2. The landlord does not waive the benefit of the covenant by permitting other premises held under a similar lease to be used for the prohibited purpose3. A release of the covenant need not be express. If the landlord is aware of a continuing breach and acquiesces in it for a long