Common use of Counterclaims Clause in Contracts

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or to recover possession of the Premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant’s failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s right to bring such claim in a separate proceeding under applicable law.

Appears in 16 contracts

Sources: Lease (Justworks, Inc.), Lease (Peloton Interactive, Inc.), Lease (890 5th Avenue Partners, Inc.)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or to recover possession of the Demised Premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant’s failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s right to bring such claim in a separate proceeding under applicable law.

Appears in 9 contracts

Sources: Lease Agreement (1847 Goedeker Inc.), Lease Agreement (1847 Goedeker Inc.), Lease Agreement (1847 Goedeker Inc.)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or to recover possession of the Premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant’s 's failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s 's right to bring such claim in a separate proceeding under applicable law.

Appears in 5 contracts

Sources: Lease Agreement (Credit Suisse First Boston Usa Inc), Lease (Equitable Companies Inc), Lease Agreement (Credit Suisse First Boston Usa Inc)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or any other sum due to recover possession of the Premisesbe paid by Tenant under this Lease, Tenant shall hereby agrees that Tenant will not interpose impose any counterclaim of any nature or description in any such proceeding or actionproceeding, unless Tenant’s failure to interpose provided however, that such counterclaim in such proceeding or action would result in the agreement of Tenant shall not be construed as a waiver of Tenant’s the right of Tenant to bring assert such claim in a separate proceeding under applicable lawaction or actions brought by Tenant.

Appears in 3 contracts

Sources: Lease (5.11 Abr Corp.), Lease (RMG Acquisition Corp.), Lease Agreement (Dixie Group Inc)

Counterclaims. If In the event Landlord commences any summary proceeding or action proceedings for nonpayment of Rent Rent, Additional Rent, or to recover possession of the Premisesany other sums or amounts due hereunder, Tenant shall not interpose any counterclaim of any whatever nature or description in any such proceeding proceedings, provided, however, nothing contained herein shall be deemed or action, unless Tenant’s failure to interpose such counterclaim in such proceeding or action would result in the construed as a waiver of the Tenant’s 's right to bring assert such claim claims in a any separate proceeding under applicable lawaction brought by Tenant or the fight to offset the amount of any final judgment owed by Landlord to Tenant.

Appears in 2 contracts

Sources: Lease Agreement (Competitive Companies Inc), Lease Agreement (Third Enterprise Service Group Inc)

Counterclaims. If Landlord landlord commences and any summary proceeding or action for of nonpayment of Rent or to recover possession possessions of the Premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant’s 's failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s 's right to bring such claim in a separate proceeding under applicable law.

Appears in 1 contract

Sources: Lease (Credit Suisse First Boston Usa Inc)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or to recover possession of the Premisesdemised premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant’s failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s right to bring such claim in a separate proceeding under applicable law.

Appears in 1 contract

Sources: Lease

Counterclaims. If Landlord commences Tenant shall not impose any counterclaim or counterclaims in summary proceeding or other action for nonpayment of Rent or to recover possession of the Premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant’s brought by Landlord based on failure to interpose pay Rent, holding over or breach of Lease, except to the extent that Tenant's failure to make such counterclaim claim in such proceeding or action would result in the waiver would, as a matter of Tenant’s right to bring law, preclude Tenant from raising such claim in a separate any other proceeding under applicable lawor forum.

Appears in 1 contract

Sources: Lease Agreement

Counterclaims. If Landlord commences shall commence any summary proceeding or action for nonpayment non-performance by Tenant of Rent or to recover possession any of the Premisesits obligations under this Lease, Tenant shall will not interpose any counterclaim or setoff of any whatever nature or description in any such proceeding or action, unless Tenant’s failure to interpose do so would impair Tenant’s ability to pursue a separate action or process on such counterclaim in such proceeding or action would result in claim. The provisions of the foregoing sentence shall not be construed as a waiver of Tenant’s right to bring assert such a claim in a any separate proceeding under applicable lawaction brought by Tenant.

Appears in 1 contract

Sources: Deed of Lease (Watson Wyatt & Co Holdings)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or to recover possession of the Premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless TenantT▇▇▇▇▇’s failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s right to bring such claim in a separate proceeding under applicable law.

Appears in 1 contract

Sources: Lease (FaceBank Group, Inc.)

Counterclaims. If In the event Landlord commences any summary proceeding or action proceedings for nonpayment of Rent Rent, or to recover possession of the Premisesany other sums or amounts due hereunder, Tenant shall not interpose any counterclaim of any whatever nature or description in any such proceeding proceedings, provided, however, nothing contained herein shall be deemed or action, unless Tenant’s failure to interpose such counterclaim in such proceeding or action would result in the construed as a waiver of the Tenant’s 's right to bring assert such claim claims in a any separate proceeding under applicable lawaction brought by Tenant or the right to offset the amount of any final judgment owed by Landlord to Tenant.

Appears in 1 contract

Sources: Early Possession Agreement (Ashworth Inc)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or to recover possession of other payment arising under the PremisesLease, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant’s 's failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s 's right to bring such claim in a separate proceeding under applicable law.

Appears in 1 contract

Sources: Lease Agreement (Triple Crown Media, Inc.)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or to recover possession of the Premises, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding or action, unless Tenant▇▇▇▇▇▇’s failure to interpose such counterclaim in such proceeding or action would result in the waiver of Tenant’s right to bring such claim in a separate proceeding under applicable law.

Appears in 1 contract

Sources: Lease (LEM America, Inc)

Counterclaims. If Landlord commences any summary proceeding or action for nonpayment of Rent or any other sum due to recover possession of the Premisesbe paid by Tenant under this Lease, Tenant shall hereby agrees that Tenant will not interpose impose any non-mandatory counterclaim of any nature or description in any such proceeding or actionproceeding, unless Tenant’s failure to interpose provided however, that such counterclaim in such proceeding or action would result in the agreement of Tenant shall not be construed as a waiver of Tenant’s the right of Tenant to bring assert such claim in a separate proceeding under applicable lawaction or actions brought by Tenant.

Appears in 1 contract

Sources: Industrial Building Lease (Akorn Inc)