Common use of Waiver of Exemption from Distress Clause in Contracts

Waiver of Exemption from Distress. The Tenant hereby agrees with the Landlord that notwithstanding anything contained in the Rent Distress Act (British Columbia) or the Commercial Tenancy Act (British Columbia) or any other Statute subsequently passed to take the place of or amend these said Acts, none of the goods and chattels of the Tenant at any time during the continuance of the Term hereby created on the Leased Premises shall be exempt from levy by distress for Rent in arrears by the Landlord as provided for by any Section or Sections of the said Acts or any amendments thereto, and that if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in any action brought to test the right to the levying upon any such goods as are named as exempted in any Sections of the said Acts or any amendments thereto; the Tenant waiving, as it hereby does, all and every benefit that could or might have accrued to the Tenant under and by virtue of any Sections of the said Acts, or any amendments thereto but for this covenant.

Appears in 2 contracts

Samples: Pivotal Corp, Pivotal Corp

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Waiver of Exemption from Distress. The Tenant hereby agrees with the Landlord that notwithstanding anything contained in Section 30 of Chapter 232 of the Rent Distress Act (British Columbia) or the Commercial Tenancy Act (British Columbia) Revised Statutes of Ontario, 1980, or any other Statute subsequently passed to take the place of or amend these the said ActsAct, none of the goods and chattels of the Tenant at any time during the continuance of the Term hereby created on the Leased Premises shall be exempt from levy by distress for Rent rent in arrears by the Landlord Tenant as provided for by any Section or Sections of the said Acts Act or any amendments thereto, and that if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in any action brought to test the right to the levying upon any such goods as are named as exempted in any said Section or Sections of the said Acts Act or any amendment or amendments thereto; the Tenant waiving, as it hereby does, does all and every benefit that could or might have accrued to the Tenant under and by virtue of any the said Section or Sections of the said ActsAct, or any amendment or amendments thereto but for this covenant.

Appears in 1 contract

Samples: Lease (Industrial Minerals Inc)

Waiver of Exemption from Distress. The Tenant hereby agrees with the Landlord that notwithstanding anything contained in the Rent Distress Landlord and Tenant Act (British Columbia) or the Commercial Tenancy Act (British Columbia) Ontario), or any other Statute statute or provision subsequently passed to take the place of or amend these said Actsthe Act, none of the goods and chattels of the Tenant which are on or have at any time during the continuance of the Term hereby created been on the Leased Premises shall will be exempt from levy by distress for Basic Rent or Additional Rent in arrears by the Landlord Tenant as provided for by any Section or Sections of the said Acts Act or any amendments thereto, and that if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in any action brought to test the right to the levying upon any such goods as are named as exempted in any Sections of the said Acts Act or any amendments thereto; the Tenant waiving, as it hereby does, all and every benefit that could or might have accrued to the Tenant under and by virtue of any Sections of the said Acts, Act or any amendments thereto but for this covenant.

Appears in 1 contract

Samples: Lease (Tucows Inc /Pa/)

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Waiver of Exemption from Distress. The Tenant hereby agrees with the Landlord that notwithstanding anything contained in the Rent Distress Act (British Columbia) or the Commercial Tenancy Act (British Columbia) or any other Statute subsequently passed to take the place of or amend these said Acts, none of the goods and chattels of the Tenant at any time during the continuance of the Term hereby created on the Leased Premises shall be exempt from levy by distress for Rent in arrears by the Landlord as provided for by any Section or Sections of the said Acts or any amendments thereto, and that if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in any action brought to test the right to the levying upon any such goods as are named as exempted in any Sections of the said Acts or any amendments thereto; the Tenant is waiving, as it hereby does, all and every benefit that could or might have accrued to the Tenant under and by virtue of any Sections of the said Acts, or any amendments thereto but for this covenant.

Appears in 1 contract

Samples: Lease Amendment Agreement (Cypost Corp)

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