Common use of WAIVER OF JURY TRIAL AND COUNTERCLAIM Clause in Contracts

WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises, and/or any claim of injury or damage occurring in or around the Project. In the Event Landlord commences any proceedings for nonpayment of. Base Rent or Additional Rent, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This provision shall not, however, be construed as a waiver of Tenant's right to assert such claims in any separate action or actions brought by Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (E Loan Inc)

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WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the PremisesLease premises, and/or any claim of injury or damage occurring in or around the Projectdamage. In the Event event Landlord commences any proceedings proceeding for nonpayment of. Base Rent non-payment of rent, minimum rent or Additional Rentadditional rent, Tenant will not interpose any counterclaim counterclaims of whatever nature or description in any such proceedingsproceeding. This provision shall not, however, be construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by the Tenant.

Appears in 1 contract

Samples: Manchester Equipment Co Inc

WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Demised Premises, and/or any claim of injury or damage occurring in or around the Projectdamage. In the Event event Landlord commences any proceedings for nonpayment of. Base Rent non-payment of rent, minimum rent, percentage rent or Additional Rentadditional rent, Tenant will shall not interpose any counterclaim of whatever nature or description in any such proceedingsproceeding. This provision shall not, however, be construed as a waiver of Tenant's right to assert such claims in any separate action or actions brought by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Michigan Heritage Bancorp Inc)

WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Leaselease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the leased Premises, and/or any claim of injury or damage occurring in or around the Projectdamage. In the Event event Landlord commences any proceedings for nonpayment of. non-payment of rent, Base Rent, Percentage Rent or Additional Rentadditional rent, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This provision shall not, however, be construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by the Tenant.

Appears in 1 contract

Samples: Adoption Agreement (Opticare Health Systems Inc)

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WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Leaselease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Leased Premises, and/or any claim of injury or damage occurring in or around the Projectdamage. In the Event event Landlord commences any proceedings for nonpayment of. non-payment of Base Rent or Additional Rentadditional rent, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This provision shall not, however, be construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by the Tenant.

Appears in 1 contract

Samples: Adoption Agreement (Opticare Health Systems Inc)

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