Waiver of Trial by Jury and Counterclaims. Landlord and Tenant each waive trial by jury in any action, proceeding or counterclaim brought by either of them against the other on any matters arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant's use or occupancy of the Premises or the operation, maintenance or control of the Building. Tenant shall not interpose any counterclaim it may otherwise assert in any summary proceeding whether such summary proceeding is based on nonpayment of Rents or on Tenant's holding over after expiration of the Term or on any other basis pursuant to Article 7 of the Real Property Actions and Proceedings Law of the State of New York, unless by not interposing such counterclaim Tenant would be barred from asserting such counterclaim in a separate action or proceeding.
Waiver of Trial by Jury and Counterclaims. Section 33.01 It is mutually agreed by and between Landlord and Tenant that the respective 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 (except for personal injury or property damage) on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant’s use and occupancy of the Demised Premises, and any emergency statutory or other statutory remedy. It is further mutually agreed that in the event Landlord commences any summary proceeding for non- payment of rent, Tenant will not interpose and does hereby waive the right to interpose any counterclaim of whatever nature or description in any such proceeding other than compulsory counterclaims, or counterclaims that might be otherwise lost if not asserted in said proceeding.
Waiver of Trial by Jury and Counterclaims. The parties hereto shall, and they hereby do, waive trial by jury in any action, proceeding or allowable 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 and occupancy of the Leased Premises and/or any claim of injury or damage.
Waiver of Trial by Jury and Counterclaims. Should judicial intervention become necessary to resolve any dispute arising under the terms of this agreement, the renter agrees to waive the right to trial by jury. The renter agrees not to assert any counterclaim in any action brought by SkyView Aviation, LLC, to enforce the terms of the agreement. In witness where of, SkyView Aviation, LLC, and the renter have set their hands and seals on the date and year herein. FEES: Renter is responsible for the following fees if applicable – prices may increase as needed: - Missing Pre-Flight Materials: Cost of Purchasing Item. - Missing Checklist: $10.00 - Master Switch Left On: $150.00 - Lost/ Missing Keys upon billing: $75.00 - Airplane not secured: $75.00 (plus ground deductible if damage occurs - $500.00) o Tie-Down Chains, Control Lock, and/ or shocks as needed. Passenger door locked from inside. - Airplane Cover/ Sunshade Not Replaced: $75.00 - Pitot Static Cover Missing: $75.00 - Airplane Interior: starting at $25.00* (*depending on severity) o Trash not thrown out, spilled food/ drinks. - Caddy Organization: $25.00 o Oil mixed with Window Cleaner, Trash in bins, etc.
Waiver of Trial by Jury and Counterclaims. The parties hereto shall and they do hereby 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 proceedings for the non-payment of Rent, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This 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.
Waiver of Trial by Jury and Counterclaims. Should judicial intervention become necessary to resolve any dispute arising under the terms of this agreement, the renter agrees to waive the right to trial by jury. The renter agrees not to assert any counterclaim in any action brought by SkyView Aviation, LLC, to enforce the terms of the agreement. In witness where of, SkyView Aviation, LLC, and the renter have set their hands and seals on the date and year herein. FEES: Renter is responsible for the following fees if applicable – prices may increase as needed: - Missing Pre-Flight Materials: Cost of Purchasing Item. - Missing Checklist: $10.00 - Master Switch Left On: $150.00 - Lost/ Missing Keys upon billing: $75.00 - Airplane not secured: $75.00 (plus ground deductible if damage occurs - $500.00) o Tie-Down Chains, Control Lock, and/ or shocks as needed. Passenger door locked from inside. - Airplane Cover/ Sunshade Not Replaced: $75.00 - Pitot Static Cover Missing: $75.00 - Airplane Interior: starting at $25.00* (*depending on severity) o Trash not thrown out, spilled food/ drinks. - Caddy Organization: $25.00 o Oil mixed with Window Cleaner, Trash in bins, etc. - Cancellations Fees/ Minimums: Please see page 1 for cancellation fees and minimums. - Late Arrival Fee: $15.00/ every 15 minutes. Renter Signature Date Signature of parent (if renter is under 18 years of age) Date Pilot Certificate Number: Address: _ Home Phone: Cell Phone: *Approved by: Date: *Must be a managing member, Skyview Aviation, LLC TABLE 1: SKYVIEW WEATHER MINIMUMS 12 KT
Waiver of Trial by Jury and Counterclaims. The parties hereto and anyone claiming through, by or under any of the parties, hereby waive trial by jury in any action or proceeding brought by either of the parties hereto against the other on any matter whatsoever arising out of or in any way connected with this Agreement or Licensee’s use of the Storage Space or the Storage Room. Licensee agrees not to interpose any counterclaim or set-off in any proceeding or action involving this Agreement or Licensee’s use of the Bin or the Storage Room.
Waiver of Trial by Jury and Counterclaims. The parties hereby waive trial by jury in any action or proceeding between the Licensor and the Licensee arising out of or in connection with this Agreement, the License or the Licensee’s use of the Parking Space or the Lot. The Licensee agrees not to interpose any counterclaim or set-off in any proceeding or action involving this Agreement, the License or the Licensee’s use of the Parking Space or the Lot.
Waiver of Trial by Jury and Counterclaims. The parties hereto and anyone claiming through, by or under any of the parties, hereby waive trial by jury in any action or proceeding brought by either of the parties hereto against the other on any matter whatsoever arising out of or in any way connected with this Agreement or Licensee’s use of the Bicycle Room or the Bicycle Rack. Licensee agrees not to interpose any counterclaim or set-off in any proceeding or action involving this Agreement or Licensee’s use of the Rack or the Bicycle Room.
Waiver of Trial by Jury and Counterclaims. The respective parties hereto shall and they hereby do waive trial by jury in any action or proceeding brought by either of the parties hereto against the other on any matter whatsoever arising out of or in any way connected with this lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of demised premises, or any claim of injury or damage, or the enforcement of any remedy under any statute, emergency or otherwise. In the event Landlord commences any proceedings for nonpayment of rent or other sums due hereunder, Tenant shall not, and Tenant hereby waives any right to interpose any counterclaim of whatever nature or description in any such proceedings. Such waiver shall not, however, be construed as a waive of Tenant's rights to assert such claims in any separate action or actions brought by Tenant.
