Common use of MUTUAL WAIVER OF TRIAL BY JURY Clause in Contracts

MUTUAL WAIVER OF TRIAL BY JURY. SECTION 25.01. Owner and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by Owner or Tenant against the other on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of landlord and tenant, the use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant, any claim of injury or damage, and any emergency or other statutory remedy; however, the foregoing waiver shall not apply to any action for personal injury or property damage. The provisions of the foregoing sentence shall survive the expiration or any sooner termination of the Demised Term. If Owner commences any summary proceeding, or any other proceeding of like import, Tenant agrees not to interpose any counterclaim of whatever nature or description in any such summary proceeding except for so-called compulsory or mandatory counterclaims.

Appears in 1 contract

Samples: Lease Agreement (Nelson Communications Inc)

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MUTUAL WAIVER OF TRIAL BY JURY. SECTION 25.01Section 24.01. Owner and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by Owner or Tenant against the other on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of landlord and tenant, the use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant, any claim of injury or damage, and any emergency or other statutory remedy; however, the foregoing waiver shall not apply to any action for personal injury or property damage. The provisions of the foregoing sentence shall survive the expiration or any sooner termination of the Demised Term. If Owner commences any summary proceeding, or any other proceeding for non-payment of like importrent, Tenant agrees not to 52 65 interpose any counterclaim of whatever nature or description in any such summary proceeding except for so-unless such counterclaim is of the nature of a so called "compulsory or mandatory counterclaimscounterclaim" which would be waived if not interposed in such proceeding.

Appears in 1 contract

Samples: Agreement (Nelson Communications Inc)

MUTUAL WAIVER OF TRIAL BY JURY. SECTION Section 25.01. Owner and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by Owner or Tenant against the other on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of landlord and tenant, the use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant, any claim of injury or damage, and any emergency or other statutory remedy; however, the foregoing waiver shall not apply to any action for personal injury or property damage. The provisions of the foregoing sentence shall survive the expiration or any sooner termination of the Demised Term. If Owner commences any summary proceeding, or any other proceeding for non-payment of like importrent, Tenant agrees not to interpose any counterclaim of whatever nature or description in any such summary proceeding proceeding, except for so-called compulsory or mandatory counterclaims.

Appears in 1 contract

Samples: Lease (Nelson Communications Inc)

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MUTUAL WAIVER OF TRIAL BY JURY. SECTION 25.01Section 27.01. Owner Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by Owner Landlord or Tenant against the other on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of landlord and tenant, the use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant, any claim of injury or damage, and any emergency or other statutory remedy; however, the foregoing waiver shall not apply to any action for personal injury or property damageinjury. The provisions of the foregoing sentence shall survive the expiration or any sooner termination of the Demised Term. If Owner Landlord commences any summary proceeding, or any other proceeding of like importwhatsoever, Tenant agrees not to interpose any counterclaim of whatever nature or description in any such summary proceeding except for so-called compulsory or mandatory counterclaims. The provisions of this Article shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease (Majesco)

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