Common use of Lessee Waivers Clause in Contracts

Lessee Waivers. If this Lease is terminated pursuant to Section 16.2, the Lessee waives, to the extent not prohibited by applicable law, (A) any right of redemption, re-entry or repossession, (B) any right to a trial by jury in the event of summary proceedings to enforce the remedies set forth in this Article 16, and (C) the benefit of any laws now or hereafter in force exempting property from liability for rent or for debt. In the event the Lessor elects to regain possession of the Leased Property by a forcible detainer proceeding, the Lessee hereby specifically waives any statutory notice which may be required prior to any such proceeding, and agrees that the Lessor's execution of this Lease is, in part, consideration for this waiver. Except as otherwise set forth herein, the Lessee further waives any demand for Rent, notice of termination and any notice to quit required pursuant to statutes of the State or otherwise and agrees that the Lessor's execution of this Lease is, in part, consideration for these waivers. All claims for damages by reason of re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. The Lessee agrees that any re-entry by the Lessor may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as the Lessor may elect, and the Lessor shall not be liable in trespass or otherwise. The Lessee shall not interpose any counterclaim of any kind in any action or proceeding commenced by the Lessor to recover possession of the Leased Property.

Appears in 2 contracts

Samples: Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc)

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Lessee Waivers. If this Lease is terminated pursuant to Section 16.2, the Lessee waives, to the extent not prohibited by applicable law, (A) any right of redemption, re-entry or repossession, (B) any right to a trial by jury in the event of summary proceedings to enforce the remedies set forth in this Article 16, and (C) the benefit of any laws now or hereafter in force exempting property from liability for rent or for debt. In the event the Lessor elects to regain possession of the Leased Property by a forcible detainer proceeding, the Lessee hereby specifically waives any statutory notice which may be required prior to any such proceeding, and agrees that the Lessor's execution of this Lease is, in part, consideration for this waiver. Except as otherwise set forth herein, the Lessee further waives any demand for Rent, notice of termination and any notice to quit required pursuant to statutes of the State or otherwise and agrees that the Lessor's execution of this Lease is, in part, consideration for these waivers. All claims for damages by reason of re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. The Lessee agrees that any re-entry by the Lessor may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as the Lessor may elect, and the Lessor shall not be liable in trespass or otherwise. The Lessee shall not interpose any counterclaim of any kind in any action or proceeding commenced by the Lessor to recover possession of the Leased Property.

Appears in 1 contract

Samples: Facility Lease Agreement (Alternative Living Services Inc)

Lessee Waivers. If this Lease is terminated pursuant to Section 16.2, the Lessee waives, to the extent not prohibited by applicable law, (Aa) any right of redemption, re-entry or repossession, (Bb) any right to a trial by jury in the event of summary proceedings to enforce the remedies set forth in this Article 16, and (Cc) the benefit of any laws now or hereafter in force exempting property from liability for rent or for debt. In the event the Lessor elects may elect to regain possession of the Leased Property by a forcible detainer proceeding, the Lessee hereby specifically waives any statutory notice which may be required prior to any such proceeding, and agrees that the Lessor's execution of this Lease is, in part, consideration for this waiver. Except as otherwise set forth herein, the Lessee further waives any demand for Rent, notice of termination and any notice to quit required pursuant to Ohio statutes of the State or otherwise otherwise, and agrees that the Lessor's execution of this Lease is, in part, consideration for these waivers. All claims for damages by reason of re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. The Lessee agrees that any re-entry by the Lessor may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as the Lessor may elect, and the Lessor shall not be liable in trespass or otherwise. The Lessee shall not interpose any counterclaim of any kind in any action or proceeding commenced by the Lessor to recover possession of the Leased Property. In the event Lessee violates this provision, the parties stipulate that .any such counterclaim shall be severed and tried separately from the action for eviction pursuant to Ohio Rules of Civil Procedure ss.42B or other applicable law. The eviction action shall proceed pursuant to the summary procedures set forth in Ohio Revised Code ss. 1923. In any distress for rent action filed by Lessor against Lessee, Lessee waives all constitutional, statutory or common law bonding requirements. Lessee specifically agrees that no bond shall be required in any such action and Lessee further waives the right under Ohio Revised Code ss. 2737, to replevin distrained property.

Appears in 1 contract

Samples: Facility Lease Agreement (Alterra Healthcare Corp)

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Lessee Waivers. If this Lease is terminated pursuant to Section 16.2, the Lessee waives, to the extent not prohibited by applicable law, (Aa) any right of redemption, re-entry or repossession, (Bb) any right to a trial by jury in the event of summary proceedings to enforce the remedies set forth in this Article 16, and (Cc) the benefit of any laws now or hereafter in force exempting property from liability for rent or for debt. In the event the Lessor elects to regain possession of the Leased Property by a forcible detainer proceeding, the Lessee hereby specifically waives any statutory notice which may be required prior to any such proceeding, and agrees that the Lessor's execution of this Lease is, in 100 101 part, consideration for this waiver. Except as otherwise set forth herein, the Lessee further waives any demand for Rent, notice of termination and any notice to quit required pursuant to statutes of the State or otherwise otherwise, and agrees that the Lessor's execution of this Lease is, in part, consideration for these waivers. All claims for damages by reason of re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. The Lessee agrees that any re-entry by the Lessor may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as the Lessor may elect, and the Lessor shall not be liable in trespass or otherwise. The Lessee shall not interpose any counterclaim of any kind in any action or proceeding commenced by the Lessor to recover possession of the Leased Property.

Appears in 1 contract

Samples: Facility Lease Agreement (Alterra Healthcare Corp)

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