Common use of Waiver of Counterclaim Clause in Contracts

Waiver of Counterclaim. If Landlord commences any summary proceeding against Tenant, Tenant will not interpose any counterclaim of any nature or description in any such proceeding (unless failure to interpose such counterclaim would preclude Tenant from asserting in a separate action the claim which is the subject of such counterclaim), and will not seek to consolidate such proceeding with any other action which may have been or will be brought in any other court by Tenant.

Appears in 16 contracts

Samples: Sublease Agreement (K12 Inc), Office Lease (Durect Corp), Lease (Omrix Biopharmaceuticals, Inc.)

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Waiver of Counterclaim. If Landlord commences any summary proceeding against Tenant, Tenant will not interpose any counterclaim of any nature or description in any such proceeding (unless failure to interpose impose such counterclaim would preclude Tenant from asserting in a separate action the claim which is the subject of such counterclaim), and will not seek to consolidate such proceeding with any other action which may have been or will be brought in any other court by Tenant.

Appears in 4 contracts

Samples: Lease (Durata Therapeutics, Inc.), Lease (Cmgi Inc), Lease (PMC Sierra Inc)

Waiver of Counterclaim. If Landlord commences any summary proceeding against Tenant, Tenant will not interpose any counterclaim of any nature or description in any such proceeding (unless failure to interpose such counterclaim would preclude Tenant from asserting in a separate action the claim which is the subject of such counterclaim), and will not seek to consolidate such proceeding with any other action which may have been or will be is thereafter brought in any other court by Tenant.

Appears in 4 contracts

Samples: Lease (Centessa Pharmaceuticals PLC), Lease (CRISPR Therapeutics AG), Lease (Pegasystems Inc)

Waiver of Counterclaim. If Landlord commences any summary proceeding against Tenant, Tenant will not interpose any counterclaim of any nature or description in any such proceeding (unless failure to interpose such counterclaim would preclude Tenant from asserting in a separate action the claim which is the subject of such counterclaim), and will not seek to consolidate such proceeding with any other action which may have been or will be brought in any other court by Tenant.

Appears in 1 contract

Samples: Lease (Affirmative Insurance Holdings Inc)

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Waiver of Counterclaim. If Landlord commences any summary proceeding against Tenant, . Tenant will not interpose any counterclaim of any nature or description in any such proceeding (unless failure to interpose impose such counterclaim would preclude Tenant from asserting in a separate action the claim which is the subject of such counterclaim), and will not seek to consolidate such proceeding with any other action which may have been or will be brought in any other court by Tenant.

Appears in 1 contract

Samples: Lease (BTHC VII Inc)

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