Common use of Waiver of Jury Trial and Counterclaims Clause in Contracts

Waiver of Jury Trial and Counterclaims. 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. In the event Landlord commences any proceedings for nonpayment of rent or other charges payable by Tenant hereunder, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. 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 Tenant.

Appears in 2 contracts

Samples: Office Lease (Cheap Tickets Inc), Office Lease (Cheap Tickets Inc)

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Waiver of Jury Trial and Counterclaims. The parties hereto shall -------------------------------------- and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties party 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. In the event Landlord commences any proceedings for nonpayment non-payment of rent rent, Minimum Rent or other charges payable by Tenant hereunderadditional rent, Tenant will shall not interpose any counterclaim of whatever nature or description in any such proceedings. 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 Tenant.

Appears in 2 contracts

Samples: Lease (Embassy Bancorp, Inc.), Lease (Embassy Bancorp, Inc.)

Waiver of Jury Trial and Counterclaims. 39.1 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 and or any claim of injury or damage. In the event Landlord commences any proceedings for nonpayment of rent or rent, or any other charges payable by Tenant sums or amounts due hereunder, Tenant will not interpose any counterclaim of or whatever nature or description in any such proceedings. This shall not; provided, however, that nothing contained herein shall be deemed or construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by Tenant.

Appears in 1 contract

Samples: Genetronics Biomedical LTD

Waiver of Jury Trial and Counterclaims. 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 matter whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's ’s use or occupancy of the Leased Premises, and/or any claim of injury or damage. (In the event Landlord commences any proceedings for nonpayment non-payment of rent rent, Minimum Rent or other charges payable by Tenant hereunderAdditional Rent, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This shall will not, however, be construed as a waiver of Tenant's ’s right to assert such claims in any separate action or actions brought by Tenant).

Appears in 1 contract

Samples: Lease (Suncoast Bancorp Inc)

Waiver of Jury Trial and Counterclaims. 38.1 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. In the event Landlord commences any proceedings for nonpayment of rent rent, or any other charges payable by Tenant sums or amounts due hereunder, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This shall not; provided, however, that nothing contained herein shall be deemed or construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by Tenant, or in the same action brought by Landlord if such claim is deemed to be a compulsory counterclaim or is ordered to be joined by the court.

Appears in 1 contract

Samples: Sublease Agreement (Affymetrix Inc)

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Waiver of Jury Trial and Counterclaims. 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. In the event Landlord commences any proceedings for nonpayment of rent, minimum rent, percentage rent or other charges payable by Tenant hereunderadditional rent, Tenant will not interpose any counterclaim 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.

Appears in 1 contract

Samples: Lease (Bard Holding, Inc.)

Waiver of Jury Trial and Counterclaims.  The parties hereto shall -------------------------------------- and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties party 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. In the event Landlord commences any proceedings for nonpayment non-payment of rent rent, Minimum Rent or other charges payable by Tenant hereunderadditional rent, Tenant will shall not interpose any counterclaim of whatever nature or description in any such proceedings. 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 Tenant.. 

Appears in 1 contract

Samples: Lease (Embassy Bancorp, Inc.)

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