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 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.
Appears in 2 contracts
Samples: Ground Lease Agreement, Ground Lease Agreement
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 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 TenantXxxxxx.
Appears in 2 contracts
Samples: Ground Lease Agreement, Ground Lease Agreement
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 that 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.
Appears in 1 contract
Samples: Ground Lease Agreement
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 that 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 TenantXxxxxx.
Appears in 1 contract
Samples: Ground Lease Agreement
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 that TenantXxxxxx’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 TenantXxxxxx’s right to assert such a claim in any separate action brought by TenantXxxxxx.
Appears in 1 contract
Samples: Ground Lease Agreement
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 that TenantXxxxxx’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.
Appears in 1 contract
Samples: Ground Lease Agreement
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 that 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.
Appears in 1 contract
Samples: Facility Lease Agreement
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 Lessee will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing that Tenantthe Lessee’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 TenantXxxxxx’s right to assert such a claim in any separate action brought by TenantXxxxxx.
Appears in 1 contract
Samples: Lease Agreement