Counterclaim. A. The respondent may serve a Counterclaim on the complainant, which must be in writing and contain the same information as a Claim.
Counterclaim. A claim that your opponent makes against you in response to your claim.
Counterclaim. If Landlord commences any proceedings for non-payment of rent (Minimum Annual Rent, Percentage Rent or additional rent), Tenant will interpose any compulsory or mandatory counterclaim required by the applicable procedural rules of the Court. The covenants to pay rent and other amounts hereunder are independent covenants and Tenant shall have no right to hold back, offset or fail to pay any such amounts for default by Landlord or any other reason whatsoever.
Counterclaim. Tenant hereby waives any right to plead any counterclaim, offset or affirmative defense in any action or proceedings brought by Landlord against Tenant for possession of the Premises or otherwise, for the recovery of possession based upon the non-payment of Rent or any other Default. The foregoing shall not, however, be construed as a waiver of Tenant’s right to assert any claim in a separate action brought by Tenant against Landlord. In the event Tenant must, because of applicable court rules or statutes, interpose any counterclaim or other claim against Landlord in such proceedings, Landlord and Tenant agree that, in addition to any other lawful remedy of Landlord, upon motion of Landlord, such counterclaim or other claim asserted by Tenant shall be severed from the proceedings instituted by Landlord (and, if necessary, transferred to a court of different jurisdiction), and the proceedings instituted by Landlord may proceed to final judgment separately and apart from and without consolidation with or reference to the status of any such counterclaim or any other claim asserted by Tenant.
Counterclaim. If Landlord commences any proceedings for non-payment of rent (Fixed Rent or Additional Rent), Tenant will not interpose any counterclaim of any nature or description in such proceedings. This shall not, however, be construed as a waiver of Tenant's right to assert such claims in a separate action brought by Tenant. The covenants to pay Fixed Rent and other amounts hereunder are independent covenants and Tenant shall have no right to hold back, offset or fail to pay any such amounts for default by Landlord or any other reason whatsoever.
Counterclaim. 10.1: Any counterclaim shall be filed with a DIS Secretariat. Section 6 subs. 1 - 4 apply mutatis mutandis.
Counterclaim. The deadline for filing any counterclaim shall be the date on which the defendant files its statement of defense. For good cause shown, the arbitrator may extend the deadline for submitting a counterclaim, provided that such an extension does not unreasonably delay the arbitration. The requirements of section 1.2 with regard to the statement of claim shall also apply to a counterclaim.
Counterclaim. Sublessee hereby waives the right to interpose a counterclaim (other than mandatory counterclaims) in any summary proceeding initiated by Sublessor to remove Sublessee from the Subleased Premises.
Counterclaim. If the facts giving rise to indemnification hereunder shall involve a possible claim by the Indemnified Party against a third party, the Indemnified Party shall have the right, at its own cost and expense to undertake the prosecution, compromise, and settlement of such claim.
Counterclaim. Notwithstanding the foregoing, Otsuka shall have the sole right to determine whether to assert any counterclaim under any Licensed Patent Rights and to control any such counterclaim, and to control the defense of any matters involving the validity or enforceability of any Licensed Patent Rights, including the right to solely make all substantive and procedural decisions relating to any such counterclaim or defense. Otsuka may settle, compromise or dispose of any such counterclaim or defense in its discretion.
