WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises, and/or any claim of injury or damage occurring in or around the Project. In the Event Landlord commences any proceedings for nonpayment of. Base Rent or Additional Rent, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This provision shall not, however, be construed as a waiver of Tenant's right to assert such claims in any separate action or actions brought by Tenant.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises and/or any claim for injury or damage under this Lease.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. In the event Landlord commences any proceedings against Tenant in connection with this Lease, Tenant shall not interpose any non-compulsory counterclaim in any such proceeding. This shall not, however, be construed as a waiver of Tenant's right to assert such a claim in any separate action brought by Tenant. Landlord and Tenant waive trial by jury in any action or proceeding brought by either party on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of lessor and lessee, Tenant's use or occupancy of the Demised Premises, or any claim of injury or damage.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. In the event Landlord commences any proceedings for nonpayment of Rent or any other amount payable to Landlord by Tenant, Tenant shall not interpose any counterclaim of whatever nature or description in any such proceeding. This shall not, however, be construed as a waiver of Tenant’s right to assert such a claim in any separate action brought by Tenant. Landlord and Tenant waive trial by jury in any action or proceeding brought by either party on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of lessor and lessee, Tenant’s use or occupancy of the Demised Premises, or any claim of injury or damage.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. Tenant hereby waives trial by jury in any action, proceeding or counterclaim brought by Landlord on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or any proceedings for nonpayment of any rent. Tenant will not interpose any counterclaim (except compulsory counterclaims) of whatever nature or description in any such proceedings. This shall not, however, be construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by the Tenant.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. Tenant shall waive with the owner, trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of owner and tenant, tenant's use and occupancy of the premises, and/or any claim of injury or damage. In the event owner commences any proceedings for non-payment of rent, minimum rent or additional rent, tenant shall not interpose any Counterclaim of whatever nature or description in any of such proceedings, except for a compulsory counterclaim. This shall not, however, be construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by the tenant.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. THE PARTIES TO THIS LEASE, INTENDING TO BIND THEMSELVES AND THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS HEREBY, DO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT WHICH EACH HAS OR MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LEGAL ACTION, PROCEEDING, SUIT, LITIGATION, CLAIM, OR COUNTERCLAIM WHICH (A) IS BASED UPON THIS LEASE OR ANY PROVISION HEREOF, (B) ARISES OUT OF, UNDER, OR IN CONNECTION WITH THIS LEASE OR ANY OTHER DOCUMENT, INSTRUMENT, OR AGREEMENT MENTIONED HEREIN OR CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR (C) ARISES OUT OF, IN CONNECTION WITH, OR IS BASED UPON ANY CONDUCT, COURSE OF CONDUCT, COURSE OP DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OP EITHER PARTY RESPECTING ANY MATTER ADDRESSED OR CONTEMPLATED IN THIS LEASE. THIS WAIVER IS INTENDED TO BE APPLICABLE THROUGHOUT THE PERIOD OF TIME DURING WHICH THIS LEASE WAS NEGOTIATED, TO THE PRESENT TIME, AND AT ALL TIMES IN THE FUTURE UNTIL ALL APPLICABLE STATUTES OF LIMITATION RESPECTING THE TYPES OF LEGAL ACTIONS AND CLAIMS COVERED HEREBY SHALL HAVE RUN, NOTWITHSTANDING THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. BOTH PARTIES MUTUALLY ACKNOWLEDGE AND AGREE THAT THIS WAIVER OF RIGHT TO TRIAL BY JURY FORMS AN INTEGRAL PART OF THE CONSIDERATION FOR THEIR ENTERING INTO THIS LEASE AND THAT THIS PROVISION CONSTITUTES A MATERIAL INDUCEMENT TO EACH PARTY FOR ITS EXECUTION AND DELIVERY OF THE COUNTERPARTS HEREOF. IF LANDLORD COMMENCES ANY SUMMARY PROCEEDING AGAINST TENANT, TENANT WILL NOT INTERPOSE ANY COUNTERCLAIM WHATSOEVER AND WILL NOT SEEK TO CONSOLIDATE SUCH PROCEEDING WITH ANY OTHER ACTION WHICH HAY HAVE BEEN OR WILL BE BROUGHT IN ANY OTHER COURT BY TENANT. EACH PARTY DOES HEREBY EXPRESSLY ACKNOWLEDGE HAVING RECEIVED ADVICE OF COUNSEL RESPECTING THE LEGAL CONSEQUENCES OF THIS WAIVER OF RIGHT TO TRIAL BY JURY AND WAIVER OF COUNTERCLAIM. EACH PARTY HAS INITIALED THIS WAIVER PROVISION FOR THE PURPOSE OF EXPRESSING ITS UNDERSTANDING AND AGREEMENT TO ALL OF THE FOREGOING PROVISIONS. Landlord: Tenant: ---------------- ---------------
WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereby waive trial by jury in any action, proceeding or counterclaim brought by either party against the other on any matter whatsoever arising out of or in any way connected with this lease, the relationship of Landlord and Tenant created hereby, the use or occupancy of the premises or any claim for injury or damage. Tenant shall not interpose any counterclaim of whatever nature or description in any such proceedings. In addition, Tenant expressly waives any and all rights of redemption granted by or under any present or future laws in the event Tenant shall be evicted or dispossessed from the premises for any cause, or Landlord re-enters the premises, following the occurrence of an event of default hereunder, or this lease is terminated before the expiration date originally fixed herein.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Leased Premises, and/or any claim of injury or damage. This shall not, however, be construed as a waiver of Tenant's right to assert such claims in any separate action or actions brought by the Tenant.
WAIVER OF JURY TRIAL AND COUNTERCLAIM. THE PARTIES HERETO SHALL AND THEY HEREBY DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, AND OR ANY CLAIM OF INJURY OR DAMAGE.
