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

Waiver of Jury Trial and Counterclaims. 29.1. THE RESPECTIVE PARTIES HERETO SHALL At D THEY HEREBY DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROlJGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS "WHATSOEVER ARISING OUT OF OR IN ANY \VAY CO'ECTED \VITH THIS SUBLEASE, THE RELATIONSHIP OF SUBLANDLORD AND SUBTENANT, SUBTENANT'S USE OR OCCUPANCY OF THE PREMISES, OR FOR THE ENFORCEMENT OF ANY REMEDY UNDER ANY STATUTE, EMERGENCY OR OTHERWISE. IF SUBLANDLORD COMMENCES ANY SUMMARY PROCEEDING AGAINST SUBTENANT, SUBTENANT VILL NOT lNTERPOSE ANY COUNTERCLAIM OF \VHATEVER NATURE OR DESCRIPTION IN ANY SUCH PROCEEDING (UNLESS FAILURE TO IMPOSE SUCH COUl ff ERCLAIM WOULD PRECLUDE SUBTENANT FROM ASSERTING IN A SEPARA.TE ACTION THE CLAIM WHICH IS THE SUBJECT OF SUCH COUNTERCLAil\'1), AND WILL NOT SEEK TO CONSOLIDATE SUCH 75531Cv6 EXECUTION VERStON PROCEEDING WITH Al\Y OTHER ACTION':VHICH MAY HAVE BEEN OR WILL BE BROUGHT IN ANY OTHER COURT BY SL"BTENANT.

Waiver of Jury Trial and Counterclaims. 29.1. TO THE RESPECTIVE PARTIES HERETO SHALL At D THEY FULLEST EXTENT PERMITTED BY LAW, AND AS SEPARATELY BARGAINED-FOR CONSIDERATION TO HOLDER, EACH MAKER HEREBY DO WAIVE WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM BROlJGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS "WHATSOEVER KIND ARISING OUT OF OR OTHERWISE RELATING TO ANY OF THE MODIFIED DOCUMENTS, THE OBLIGATIONS, THE COLLATERAL, OR HOLDER’S CONDUCT IN RESPECT OF ANY OF THE FOREGOING. TO EFFECTUATE THE FOREGOING, HXXXXX IS HEREBY GRANTED AN IRREVOCABLE POWER OF ATTORNEY TO FILE, AS ATTORNEY-IN-FACT FOR BORROWER, A COPY OF THIS NOTE IN ANY \VAY CO'ECTED \VITH COURT, AND THE COPY OF THIS SUBLEASENOTE SO FILED SHALL CONCLUSIVELY BE DEEMED TO CONSTITUTE MAKERS’ WAIVER OF TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR OTHERWISE RELATING TO ANY OF THE MODIFIED DOCUMENTS, THE RELATIONSHIP OBLIGATIONS, THE COLLATERAL OR LENDER’S CONDUCT IN RESPECT OF SUBLANDLORD AND SUBTENANT, SUBTENANT'S USE OR OCCUPANCY ANY OF THE PREMISES, OR FOR THE ENFORCEMENT OF ANY REMEDY UNDER ANY STATUTE, EMERGENCY OR OTHERWISEFOREGOING. IF SUBLANDLORD COMMENCES ANY SUMMARY PROCEEDING AGAINST SUBTENANT, SUBTENANT VILL NOT lNTERPOSE ANY COUNTERCLAIM OF \VHATEVER NATURE OR DESCRIPTION IN ANY SUCH PROCEEDING (UNLESS FAILURE TO IMPOSE SUCH COUl ff ERCLAIM WOULD PRECLUDE SUBTENANT FROM ASSERTING IN A SEPARA.TE ACTION THE CLAIM WHICH IS THE SUBJECT OF SUCH COUNTERCLAil\'1), AND WILL NOT SEEK TO CONSOLIDATE SUCH 75531Cv6 EXECUTION VERStON PROCEEDING WITH Al\Y OTHER ACTION':VHICH MAY HAVE BEEN OR WILL BE BROUGHT IN ANY OTHER COURT BY SL"BTENANT.****************************************** DA __________

Waiver of Jury Trial and Counterclaims. 29.1. THE RESPECTIVE PARTIES HERETO SHALL At D THEY HEREBY DO WAIVE Governing Law: Venue; SUBLESSOR, SUBLESSEE, AND ANY AND ALL GENERAL PARTNERS OF SUBLESSEE EACH WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, CLAIM OR COUNTERCLAIM BROlJGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON BROUGHT IN CONNECTION WITH ANY MATTERS "WHATSOEVER MATTER ARISING OUT OF OR IN ANY \VAY CO'ECTED \VITH WAY CONNECTED WITH THIS SUBLEASE, THE RELATIONSHIP RRELATIONSHIP OF SUBLANDLORD SUBLESSOR AND SUBTENANTSUBLESSEE HEREUNDER, SUBTENANTSUBLESSEE'S USE OR OCCUPANCY OF THE DEMISED PREMISES, AND/OR FOR ANY CLAIM OF INJURY OR DAMAGE. SUBLESSEE FURTHER WAIVES ANY RIGHT TO RAISE ANY NON-COMPULSORY COUNTERCLAIM IN ANY ACTION OR PROCEEDING INSTITUTED BY SUBLESSOR. THIS SUBLEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE ENFORCEMENT LAWS OF THE STATE IN WHICH THE DEMISED PREMISES I~ LOCATED. SUBLESSEE CONSENTS TO SERVICE OF PROCESS AND ANY PLEADING RELATING TO ANY SUCH ACTION AT THE DEMISED PREMISES; PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL BE CONSTRUED AS REQUIRING SUCH SERVICE AT THE DEMISED PREMISES. SUBLESSOR, SUBLESSEE, AND ALL SUCH GENERAL PARTNERS EACH w AIVES ANY OBJECTION TO THE VENUE OF ANY REMEDY UNDER ANY STATUTE, EMERGENCY OR OTHERWISE. IF SUBLANDLORD COMMENCES ANY SUMMARY PROCEEDING AGAINST SUBTENANT, SUBTENANT VILL NOT lNTERPOSE ANY COUNTERCLAIM OF \VHATEVER NATURE OR DESCRIPTION ACTION FILED IN ANY SUCH PROCEEDING (UNLESS FAILURE TO IMPOSE SUCH COUl ff ERCLAIM WOULD PRECLUDE SUBTENANT FROM ASSERTING COURT SITUATED IN A SEPARA.TE ACTION THE CLAIM JURISDICTION IN WHICH THE BUILDING IS THE SUBJECT OF SUCH COUNTERCLAil\'1)LOCATED, AND WILL NOT SEEK WAIVES ANY RIGHT, CLAIM OR POWER, UNDER THE DOCTRINE OF FORUM NON CONVENIENS OR OTHER WISE, TO CONSOLIDATE TRANSFER ANY SUCH 75531Cv6 EXECUTION VERStON PROCEEDING WITH Al\Y OTHER ACTION':VHICH MAY HAVE BEEN OR WILL BE BROUGHT IN ACTION TO ANY OTHER COURT BY SL"BTENANT.

Waiver of Jury Trial and Counterclaims. 29.1. 29.1 THE RESPECTIVE PARTIES HERETO SHALL At D AND THEY HEREBY DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROlJGHT BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS "WHATSOEVER ARISING OUT OF OR IN ANY \VAY CO'ECTED \VITH WAY CONNECTED WITH THIS SUBLEASE, THE RELATIONSHIP OF SUBLANDLORD AND SUBTENANT, SUBTENANT'S USE OR OCCUPANCY OF THE PREMISES, OR FOR THE ENFORCEMENT OF ANY REMEDY UNDER ANY STATUTE, EMERGENCY OR OTHERWISE. IF SUBLANDLORD COMMENCES ANY SUMMARY PROCEEDING AGAINST SUBTENANT, SUBTENANT VILL WILL NOT lNTERPOSE INTERPOSE ANY COUNTERCLAIM OF \VHATEVER WHATEVER NATURE OR DESCRIPTION IN ANY SUCH PROCEEDING (UNLESS FAILURE TO IMPOSE SUCH COUl ff ERCLAIM COUNTERCLAIM WOULD PRECLUDE SUBTENANT FROM ASSERTING IN A SEPARA.TE SEPARATE ACTION THE CLAIM WHICH IS THE SUBJECT OF SUCH COUNTERCLAil\'1COUNTERCLAIM), AND WILL NOT SEEK TO CONSOLIDATE SUCH 75531Cv6 EXECUTION VERStON PROCEEDING WITH Al\Y ANY OTHER ACTION':VHICH ACTION WHICH MAY HAVE BEEN OR WILL BE BROUGHT IN ANY OTHER COURT BY SL"BTENANTSUBTENANT.