Common use of WAIVER OF REDEMPTION, ETC Clause in Contracts

WAIVER OF REDEMPTION, ETC. (a) Tenant, for itself and any and all persons claiming through or under Tenant, including its creditors, upon the termination of this Lease or expiration of the Lease Term in accordance with the terms hereof, or in the event of entry of judgment for the recovery of the possession of the Premises in any action or proceeding, or if Landlord shall reenter the Premises by process of law or otherwise, hereby waives any right of redemption provided or permitted by any statute, law or decision now or hereafter in force, and does hereby waive, surrender and give up all rights or privileges which it or they may or might have under and by reason of any present or future law or decision, to redeem the Premises or for a continuation of this Lease for the Lease Term after having been dispossessed or ejected therefrom by process of law, or otherwise. (b) If Tenant is in arrears in the payment of Annual Fixed Rent or Additional Rent, Tenant waives its right, if any, to designate the item against which any payments made by Tenant are to be credited and Tenant agrees that Landlord may apply any payment made by Tenant to any items as Landlord may see fit, irrespective of and notwithstanding any designation or request by Tenant as to the items against which any such payment shall be credited. (c) Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with the Lease, the relationship of Landlord and Tenant and Tenant's use or occupancy of the Premises or any other claim (other than claim for personal injuries or property damage, or any other compulsory counterclaim for which a jury trial is permitted). It is further mutually agreed that if Landlord commences any summary proceedings for non-payment of rent, Tenant will not interpose and does hereby waive the right to interpose any counterclaim of whatever nature or description in such proceeding, except for any compulsory counterclaim. If Tenant asserts any affirmative claims against Landlord in a separate proceeding, Tenant agrees that it will not move or otherwise attempt to consolidate the separate actions or otherwise preclude Landlord's claim for possession from being governed by the Uniform Summary Process Rules and the expedited procedure provided by such Rules, but the parties shall abide by any final, non-appealable court order requiring consolidation of separate actions.

Appears in 1 contract

Samples: Lease Agreement (Etre Reit, LLC)

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WAIVER OF REDEMPTION, ETC. (a) Tenant, for itself and any and all persons claiming through or under Tenant, including its creditors, upon the termination of this Lease or expiration of the Lease Term in accordance with the terms hereof, or in the event of entry of judgment for the recovery of the possession of the Premises in any action or proceeding, or if Landlord shall reenter the Premises by process of law or otherwise, hereby waives any right of redemption provided or permitted by any statute, law or decision now or hereafter in force, and does hereby waive, surrender and give up all rights or privileges which it or they may or might have under and by reason of any present or future law or decision, to redeem the Premises or for a continuation of this Lease for the Lease Term after having been dispossessed or ejected therefrom by process of law, or otherwise. (b) If Tenant is in arrears in the payment of Annual Fixed Rent or Additional Rent, Tenant waives its right, if any, to designate the item against which any payments made by Tenant are to be credited and Tenant agrees that Landlord may apply any payment made by Tenant to any items as Landlord may see fit, irrespective of and notwithstanding any designation or request by Tenant as to the items against which any such payment shall be credited. (c) Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with the Lease, the relationship of Landlord and Tenant and Tenant's ’s use or occupancy of the Premises or any other claim (other than claim for personal injuries or property damage, or any other compulsory counterclaim for which a jury trial is permitted). It is further mutually agreed that if Landlord commences any summary proceedings for non-payment of rent, Tenant will not interpose and does hereby waive the right to interpose any counterclaim of whatever nature or description in such proceeding, except for any compulsory counterclaim. If Tenant asserts any affirmative claims against Landlord in a separate proceeding, Tenant agrees that it will not move or otherwise attempt to consolidate the separate actions or otherwise preclude Landlord's ’s claim for possession from being governed by the Uniform Summary Process Rules and the expedited procedure provided by such Rules, but the parties shall abide by any final, non-appealable court order requiring consolidation of separate actions.

Appears in 1 contract

Samples: Lease Agreement (American Financial Realty Trust)

WAIVER OF REDEMPTION, ETC. (a) Tenant, for itself and any and all persons claiming through or under Tenant, including its creditors, upon the termination of this Lease or expiration of the Lease Term in accordance with the terms hereof, or in the event of entry of judgment for the recovery of the possession of the Premises in any action or proceeding, or if Landlord shall reenter the Premises by process of law or otherwise, hereby waives any right of redemption provided or permitted by any statute, law or decision now or hereafter in force, and does hereby waive, surrender and give up all rights or privileges which it or they may or might have under and by reason of any present or future law or decision, to redeem the Premises or for a continuation of this Lease for the Term of this Lease Term after having been dispossessed or ejected therefrom by process of law, or otherwise. (b) If Tenant is in arrears in the payment of Annual Fixed Rent or Additional Rent, Tenant waives its right, if any, to designate the item against which any payments made by Tenant are to be credited and Tenant agrees that Landlord may apply any payment made by Tenant to any items as Landlord may see fit, irrespective of and notwithstanding any designation or request by Tenant as to the items against which any such payment shall be credited. (c) Landlord Landlord, Tenant and all of Tenant’s successors, subtenants, and assignees (Tenant and all of Tenant’s successors, subtenants, and assignees are collectively for the purposes of this Section 19.6(c) referred to as “Tenant”), each hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with the Lease, the relationship of Landlord and Tenant and Tenant's ’s use or occupancy of the Premises or any other claim (other than claim for personal injuries or property damage, or any other compulsory counterclaim for which a jury trial is permitted). It is further mutually agreed that if Landlord commences any summary proceedings for non-payment of rent, Tenant will not interpose and does hereby waive the right to interpose any counterclaim of whatever nature or description in such proceeding, except for any compulsory counterclaim. If proceeding (unless failure to impose such counterclaim would preclude or otherwise prejudice Tenant asserts any affirmative claims against Landlord from asserting in a separate proceeding, Tenant agrees action the claim that it will not move or otherwise attempt to consolidate is the separate actions or otherwise preclude Landlord's claim for possession from being governed by the Uniform Summary Process Rules and the expedited procedure provided by subject of such Rules, but the parties shall abide by any final, non-appealable court order requiring consolidation of separate actionscounterclaim).

Appears in 1 contract

Samples: Lease (Protara Therapeutics, Inc.)

WAIVER OF REDEMPTION, ETC. (a) Tenant, for itself and any and all persons claiming through or under Tenant, including its creditors, upon the termination of this Lease or expiration of the Lease Term in accordance with the terms hereof, or in the event of entry of judgment for the recovery of the possession of the Premises in any action or proceeding, or if Landlord shall reenter the Premises by process of law or otherwise, hereby waives any right of redemption provided or permitted by any statute, law or decision now or hereafter in force, and does hereby waive, surrender and give up all rights or privileges which it or they may or might have under and by reason of any present or future law or decision, to redeem the Premises or for a continuation of this Lease for the Lease Term after having been dispossessed or ejected therefrom by process of law, or otherwise. (b) If Tenant is in arrears in the payment of Annual Fixed Rent or Additional Rent, Tenant waives its right, if any, to designate the item against which any payments made by Tenant are to be credited and Tenant agrees that Landlord may apply any payment made by Tenant to any items as Landlord may see fit, irrespective of and notwithstanding any designation or request by Tenant as to the items against which any such payment shall be credited. (c) Landlord Landlord, Tenant and all of Tenant’s successors, subtenants, and assignees (Tenant and all of Tenant’s successors, subtenants, and assignees are collectively for the purposes of this Section 19.6(c) referred to as “Tenant”), each hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with the Lease, the relationship of Landlord and Tenant and Tenant's ’s use or occupancy of the Premises or any other claim (other than claim for personal injuries or property damage, or any other compulsory counterclaim for which a jury trial is permitted). It is further mutually agreed that if Landlord commences any summary proceedings for non-payment of rent, Tenant will not interpose and does hereby waive the right to interpose any counterclaim of whatever nature or description in such proceeding, except for any other than a compulsory counterclaim. If Tenant asserts any affirmative claims against Landlord in a separate proceeding, Tenant agrees that it will not move or otherwise attempt to consolidate the separate actions or otherwise preclude Landlord's claim for possession from being governed by the Uniform Summary Process Rules and the expedited procedure provided by such Rules, but the parties shall abide by any final, non-appealable court order requiring consolidation of separate actions.

Appears in 1 contract

Samples: Office Lease (Epoch Holding Corp)

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WAIVER OF REDEMPTION, ETC. (a) Tenant, for itself and any and all persons claiming through or under Tenant, including its creditors, upon the termination of this Lease or expiration of the Lease Term in accordance with the terms hereof, or in the event of entry of judgment for the recovery of the possession of the Premises in any action or proceeding, or if Landlord shall reenter the Premises by process of law or otherwise, hereby waives any right of redemption provided or permitted by any statute, law or decision now or hereafter in force, and does hereby waive, surrender and give up all rights or privileges which it or they may or might have under and by reason of any present or future law or decision, to redeem the Premises or for a continuation of this Lease for the Term of this Lease Term after having been dispossessed or ejected therefrom by process of law, or otherwise. (b) If Tenant is in arrears in the payment of Annual Fixed Rent or Additional Rent, Tenant waives its right, if any, to designate the item against which any payments made by Tenant are to be credited and Tenant agrees that Landlord may apply any payment made by Tenant to any then or past due items as Landlord may see fit, irrespective of and notwithstanding any designation or request by Tenant as to the items against which any such payment shall be credited. (c) Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with the Lease, the relationship of Landlord and Tenant and Tenant's ’s use or occupancy of the Premises or any other claim (other than claim for personal injuries or property damage, or any other compulsory counterclaim for which a jury trial is permitted). It is further mutually agreed that if Landlord commences any summary proceedings for non-payment of rent, Tenant will not interpose and does hereby waive the right to interpose any counterclaim of whatever nature or description in such proceeding, except for any compulsory counterclaim. If Tenant asserts any affirmative claims against Landlord in a separate proceeding, Tenant agrees that it will not move or otherwise attempt to consolidate the separate actions or otherwise preclude Landlord's claim for possession from being governed by the Uniform Summary Process Rules and the expedited procedure provided by such Rules, but the parties shall abide by any final, non-appealable court order requiring consolidation of separate actionsproceeding (other than mandatory counterclaims).

Appears in 1 contract

Samples: Lease Agreement (Cowen Group, Inc.)

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