Counterclaims. In the event Landlord commences any proceedings for nonpayment of Rent, Additional Rent, or any other sums or amounts due hereunder, Tenant shall not interpose any counterclaim of whatever nature or description in any such proceedings, provided, however, nothing contained herein shall be deemed or construed as a waiver of the Tenant's right to assert such claims in any separate action brought by Tenant or the right to offset the amount of any final judgment owed by Landlord to Tenant.
Appears in 9 contracts
Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Homegrocer Com Inc), Lease Agreement (Pri Automation Inc)
Counterclaims. In the event Landlord commences any proceedings for nonpayment of Base Rent, Additional Rent, or any other sums or amounts due hereunder, Tenant shall not interpose any counterclaim of whatever nature or description in any such proceedings, unless such counterclaim must, as a matter of law, be joined with Landlord’s proceeding; provided, however, nothing contained herein shall be deemed or construed as a waiver of the Tenant's ’s right to assert such claims in any separate action brought by Tenant or the right to offset the amount of any final judgment owed by Landlord to Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Catalytica Energy Systems Inc), Lease Agreement (Renegy Holdings, Inc.)
Counterclaims. In the event Landlord commences any proceedings for nonpayment of Rent, Additional Rent, or any other sums or amounts due hereunder, Tenant shall not interpose any counterclaim of whatever nature or description in any such proceedings, unless such counterclaim must, as a matter of law, be joined with Landlord's proceeding; provided, however, nothing contained herein shall be deemed or construed as a waiver of the Tenant's right to assert such claims in any separate action brought by Tenant or the right to offset the amount of any final judgment owed by Landlord to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Webvan Group Inc)
Counterclaims. In the event Landlord commences any proceedings for nonpayment of Rent, Additional Rent, or any other sums or amounts due hereunder, Tenant shall not interpose any counterclaim of or whatever nature or description in any such proceedings, provided, however, nothing contained herein shall be deemed or construed as a waiver of the Tenant's right to assert such claims in any separate action brought by Tenant or the right to offset the amount of any final judgment owed by Landlord to Tenant.
Appears in 1 contract
Counterclaims. In the event Landlord commences any proceedings for nonpayment of Base Rent, Additional Rent, or any other sums or amounts due hereunder, Tenant shall not interpose any non- compulsory counterclaim of whatever nature or description in any such proceedings, provided, however, nothing contained herein shall be deemed or construed as a waiver of the Tenant's right to assert such claims in any separate action brought by Tenant or the right to offset the amount of any final judgment owed by Landlord to Tenant.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Nuance Communications)