Common use of No Counterclaim or Setoff Clause in Contracts

No Counterclaim or Setoff. If the Port shall commence any proceeding for non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Agreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenant’s covenant to pay Rent, fees or any other payments under this Agreement are independent of all other covenants and agreements in this Agreement; provided, however, this shall not be construed as a waiver of Tenant’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Amended and Restated Agreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenant’s covenant to pay Rent, fees or any other payments under this Amended and Restated Agreement are independent of all other covenants and agreements in this Amended and Restated Agreement; provided, however, this shall not be construed as a waiver of Tenant’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Agreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenantthat Xxxxxx’s covenant to pay Rent, fees or any other payments under this Agreement are independent of all other covenants and agreements in this Agreement; provided, however, this shall not be construed as a waiver of Tenant’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Agreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the that Tenant’s covenant to pay Rent, fees or any other payments under this Agreement are independent of all other covenants and agreements in this Agreement; provided, however, this shall not be construed as a waiver of Tenant’s right to assert such a claim in any separate action brought by Tenant.