Common use of Counterclaim Clause in Contracts

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.

Appears in 1 contract

Samples: Lease (Abovenet Communications Inc)

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Counterclaim. If Landlord commences any proceedings for non-payment of rent (Fixed rent, Minimum Monthly Rent, Percentage Rent or Additional Rent), additional rent Tenant will not interpose any counterclaim of any nature or description in such of proceedings. This shall not, however, be construed as a waiver of if Tenant's's right to assert such claims in a separate action brought by Tenant. The covenants to pay Fixed Rent rent and other amounts amount 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.

Appears in 1 contract

Samples: University Hill Plaza Lease Agreement (Allstar Systems Inc)

Counterclaim. If Landlord commences any proceedings for non-payment of rent (Fixed Rent Minimum Annual Rent, [CONFIDENTIAL] or Additional Rentadditional rent), Tenant will not interpose any NON-COMPULSORY 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 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.

Appears in 1 contract

Samples: Success Bancshares Inc

Counterclaim. If Landlord commences any proceedings for non-payment of rent (Fixed Minimum Annual Rent, Percentage Rent or Additional Rentadditional 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 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.

Appears in 1 contract

Samples: Havana Republic Inc/Fl

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Counterclaim. If Landlord commences any proceedings for non-payment of Rent, minimum rent, percentage 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 covenants, and Tenant shall have no right to hold back, offset offset, or fail to pay any such amounts for default by Landlord or any other reason whatsoever.

Appears in 1 contract

Samples: Agreement (Neomedia Technologies Inc)

Counterclaim. If Landlord commences any proceedings for non-payment of rent (Fixed Rent minimum rent, percentage rent or Additional Rentadditional rent), Tenant will not interpose any counterclaim of any nature or of 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 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.

Appears in 1 contract

Samples: Lease (Bank of the Ozarks Inc)

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