Common use of Affirmative Waivers Clause in Contracts

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease or after the termination of this lease as provided in this lease. 25.02. If Tenant shall be in default, after the expiration of any applicable notice and grace periods, in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either 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 the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.01. 25.01 Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. 25.02 If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. 25.03 Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter 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 Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. 25.04 Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. If Tenant shall be is in default, after the expiration of any default beyond all applicable notice and grace periods, periods in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may may, without prejudice to any position being asserted by Tenant, apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter 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 Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or summary proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed due to Tenant’s default hereunder unless the failure to impose such counterclaim would preclude Tenant from bringing asserting in a separate action for any the claim that Tenant may have hereunderwhich is the subject of such counterclaim.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease or after the termination of this lease as provided in this lease. 25.02. If Tenant shall be in default, after the expiration of any applicable notice and grace periods, in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either 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 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter 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 Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not waives the right to interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.0127.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.0227.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items to which any such payments shall be credited. 25.0327.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this leaseLease, the relationship of Landlord and Tenant, Tenant’s 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.0427.04. Tenant shall not interpose any counterclaim of any kind in any action or summary proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein and shall be deemed not seek to preclude Tenant from bringing a separate consolidate such proceeding with any action for any claim that Tenant which may have hereunderbeen or will be brought by Tenant or any other person.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter 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 Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease or after the termination of this lease as provided in this lease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items to which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either -130- 135 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 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any summary action or proceeding commenced by Landlord to recover possession of the Premises (Premises, other than compulsory counterclaims)a counterclaim which states only one or more claims which, provided that nothing herein shall if not raised in such action or proceeding, would be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunderirrevocably waived by Tenant.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant Xxxxxx agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this leaseLease, the relationship of Landlord and Tenant, Tenant’s Xxxxxx's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this leaseLease, the relationship of Landlord and Tenant, Tenant’s 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.0128.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease or after the termination of this lease as provided in this lease. 25.0228.02. If Tenant shall be in default, after the expiration of any applicable notice and grace periods, default in the payment of any of the Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that than Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items to which any such payments shall be credited. 25.0328.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either 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 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto; provided however, that Tenant's waiver of trial by jury shall apply only to summary proceedings and actions to recover damages pursuant to Article 27. 25.0428.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims)Premises, provided that nothing herein shall be deemed unless the failure by Tenant to interpose such counterclaim in any such action or proceeding would preclude Tenant from bringing asserting the subject matter of such counterclaim in a separate action for any claim that Tenant may have hereunderaction.

Affirmative Waivers. 25.01Section 36.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or of future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease or after the termination of this lease as provided in this leasefinal judicial determination. 25.02Section 36.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Base Annual Rent or Additional ChargesRent, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that the Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03Section 36.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this leaseLease, the relationship of Landlord and Tenant, and Tenant’s 's use or occupancy of the Demised Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04Section 36.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession the Rent, unless Tenant's failure to assert such counterclaim in such proceeding shall forever preclude Tenant, as a matter of the Premises (other than compulsory counterclaims)law, provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunderpursuing such claim.

Affirmative Waivers. 25.0127.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.0227.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items to which any such payments shall be credited. 25.0327.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this leaseLease, the relationship of Landlord and Tenant, Tenant’s 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.0427.04. Tenant shall not interpose any counterclaim of any kind in any action or summary proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed unless the failure by Tenant to interpose such counterclaim would preclude Tenant from bringing asserting the subject matter of such counterclaim in a separate action, and shall not seek to consolidate such proceeding with any action for any claim that Tenant which may have hereunderbeen or will be brought by Tenant or any other person.

Affirmative Waivers. 25.0127.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.0227.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items to which any such payments shall be credited. 25.0327.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this leaseLease, the relationship of Landlord and Tenant, Tenant’s 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.0427.04. Tenant shall not interpose any counterclaim of any kind kind, other than mandatory counterclaims which if not interposed will be forfeited, in any action or summary proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein and shall be deemed not seek to preclude Tenant from bringing a separate consolidate such proceeding with any action for any claim that Tenant which may have hereunderbeen or will be brought by Tenant or any other person.

Affirmative Waivers. 25.01. Section 24.1 Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right rights and privilege privileges which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease Lease after being dispossessed or ejected rejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. If Tenant shall be in defaultSection 24.2 TENANT HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, after the expiration of any applicable notice and grace periodsPROCEEDING OR COUNTERCLAIM BROUGHT BY OR AGAINST TENANT ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, in the payment of Fixed Rent or Additional ChargesTHE RELATIONSHIP OF LANDLORD AND TENANT, Tenant waives Tenant’s rightAND TENANT’S USE OR OCCUPANCY OF THE PREMISES, if anyINCLUDING, to designate the items to which any payments made by Tenant are to be creditedWITHOUT LIMITATION, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fitANY CLAIM OF INJURY OR DAMAGE, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be creditedAND ANY EMERGENCY AND OTHER STATUTORY REMEDY WITH RESPECT THERETO. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either 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 the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Section 24.3 Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims)Premises, provided that nothing herein shall be deemed unless the failure by Tenant to interpose such counterclaim in any such action or proceeding would preclude Tenant from bringing asserting the subject matter of such counterclaim in a separate action for or proceeding, and shall not seek to consolidate any claim that Tenant such proceeding with any other action which may have hereunderbeen or will be brought in any other court by Tenant.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to 108 have a continuance of this lease Lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease Lease or after the termination of this lease Lease as provided in this leaseLease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or of request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this leaseLease, the relationship of Landlord and Tenant, Tenant’s 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein shall be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease or after the termination of this lease as provided in this lease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either 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 the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any action or proceeding commenced by Landlord to recover possession of the Premises (other than compulsory counterclaims), provided that nothing herein except if Tenants failure to raise any such counterclaim in such action or proceeding shall be deemed to preclude Tenant from bringing result in a separate action for any claim that Tenant may have hereunderforfeiture thereof.

Affirmative Waivers. 25.01. Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby waive and surrender all right and privilege which it, they or any of them might have under or by reason of any present or future law, to redeem the Premises or to have a continuance of this lease after being dispossessed or ejected therefrom by process of law or under the terms of this lease or after the termination of this lease as provided in this lease. 25.02. If Tenant shall be is in default, after the expiration of any applicable notice and grace periods, arrears in the payment of Fixed Rent or Additional Charges, Tenant waives Tenant’s 's right, if any, to designate the items to which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items which any such payments shall be credited. 25.03. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either 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 's use or occupancy of the Premises, including, without limitation, any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. 25.04. Tenant shall not interpose any counterclaim of any kind in any summary action or proceeding commenced by Landlord to recover possession of the Premises (Premises, other than compulsory counterclaims)a counterclaim which states only one or more claims which, provided that nothing herein shall if not raised in such action or proceeding, would be deemed to preclude Tenant from bringing a separate action for any claim that Tenant may have hereunder.irrevocably waived by Tenant. -109- 114 ARTICLE 26