Common use of WAIVER OF JURY TRIAL AND COUNTERCLAIM Clause in Contracts

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 Lease premises, and/or any claim of injury or damage. In the event Landlord commences any proceeding for non-payment of rent, minimum rent or additional rent, Tenant will not interpose any counterclaims of whatever nature or description in any such proceeding. 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.

Appears in 1 contract

Samples: Lease Agreement (Manchester Equipment Co Inc)

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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 Leaselease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Lease premisesleased Premises, and/or any claim of injury or damage. In the event Landlord commences any proceeding proceedings for non-payment of rent, minimum rent Base Rent, Percentage Rent or additional rent, Tenant will not interpose any counterclaims counterclaim of whatever nature or description in any such proceedingproceedings. 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.

Appears in 1 contract

Samples: Lease (Opticare Health Systems Inc)

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 Leaselease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Lease premisesLeased Premises, and/or any claim of injury or damage. In the event Landlord commences any proceeding proceedings for non-payment of rent, minimum rent Base Rent or additional rent, Tenant will not interpose any counterclaims counterclaim of whatever nature or description in any such proceedingproceedings. 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.

Appears in 1 contract

Samples: Lease (Opticare Health Systems Inc)

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 Lease premisesPremises, and/or any claim of injury or damagedamage occurring in or around the Project. In the event Event Landlord commences any proceeding proceedings for non-payment of rent, minimum rent nonpayment of. Base Rent or additional rentAdditional Rent, Tenant will not interpose any counterclaims counterclaim of whatever nature or description in any such proceedingproceedings. This provision 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.

Appears in 1 contract

Samples: Office Lease Agreement (E Loan Inc)

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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 Lease premisesDemised Premises, and/or any claim of injury or damage. In the event Landlord commences any proceeding proceedings for non-payment of rent, minimum rent, percentage rent or additional rent, Tenant will shall not interpose any counterclaims counterclaim of whatever nature or description in any such proceeding. 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.

Appears in 1 contract

Samples: Lease Agreement (Michigan Heritage Bancorp Inc)

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