Common use of WAIVER OF TRIAL BY JURY; VENUE Clause in Contracts

WAIVER OF TRIAL BY JURY; VENUE. LANDLORD AND TENANT EACH HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE REQUIREMENTS THAT ARE NOW IN FORCE OR ARE SUBSEQUENTLY ENACTED, TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF ANY MATTER ARISING OUT OF OR IN CONNECTION 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 OR ANY EMERGENCY OR STATUTORY REMEDY. IF LANDLORD COMMENCES ANY SUMMARY PROCEEDINGS OR ACTION FOR NON-PAYMENT OF RENT, TENANT SHALL NOT INTERPOSE ANY COUNTERCLAIM OF ANY NATURE OR DESCRIPTION (UNLESS SUCH COUNTERCLAIM SHALL BE MANDATORY) IN ANY SUCH PROCEEDING OR ACTION, AND ANY SUCH COUNTERCLAIM SHALL BE RELEGATED TO AN INDEPENDENT ACTION AT LAW. IN ADDITION, LANDLORD AND TENANT EACH WAIVES ANY OBJECTION TO VENUE IN THE CITY AND COUNTY OF SAN FRANCISCO, AND CONSENTS TO PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING IN CONNECTION WITH THIS LEASE.

WAIVER OF TRIAL BY JURY; VENUE. LANDLORD AND TENANT HEREBY DO EACH HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE REQUIREMENTS THAT ARE NOW IN FORCE OR ARE SUBSEQUENTLY ENACTED, WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM COUNTER CLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF ON ANY MATTER WHATSOEVER ARISING OUT OF OF, OR IN CONNECTION WITH ANY WAY CONNECTED WITH, THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT’S 'S USE OF OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR OF INJURY OR DAMAGE IN ANY EMERGENCY STATUTORY OR ANY EMERGENCY OR OTHER STATUTORY REMEDY. IF LANDLORD COMMENCES ANY SUMMARY PROCEEDINGS OR ACTION PROCEEDING FOR NON-PAYMENT OF RENT, TENANT SHALL WILL NOT INTERPOSE ANY NON-COMPULSORY COUNTERCLAIM OF ANY WHATEVER NATURE OR DESCRIPTION (UNLESS SUCH COUNTERCLAIM SHALL BE MANDATORY) IN ANY SUCH PROCEEDING (EXCLUDING ANY AFFIRMATIVE DEFENSE THAT MUST BE ASSERTED IN SUCH PROCEEDING). IF EITHER LANDLORD OR ACTION, AND ANY SUCH COUNTERCLAIM SHALL BE RELEGATED TENANT DESIRES TO BRING AN INDEPENDENT ACTION AT LAW. IN ADDITION, LANDLORD AND TENANT EACH WAIVES ANY OBJECTION TO VENUE IN AGAINST THE CITY AND COUNTY OF SAN FRANCISCO, AND CONSENTS TO PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OTHER IN CONNECTION WITH THIS LEASE, SUCH ACTION SHALL BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN CHICAGO, ILLINOIS. LANDLORD AND TENANT CONSENT TO THE JURISDICTION OF SUCH COURTS AND WAIVE ANY RIGHT TO HAVE SUCH ACTION TRANSFERRED FROM SUCH COURTS ON THE GROUNDS OF IMPROPER VENUE OR INCONVENIENT FORUM.

WAIVER OF TRIAL BY JURY; VENUE. LANDLORD IF, FOR ANY REASON, THE PARTIES HERETO MUTUALLY AGREE NOT TO UTILIZE THE PROVISIONS OF SECTION 40 HEREOF OR A DISPUTE IS NOT SUBJECT TO SECTION 40, AS PROVIDED THEREIN, THEN WITH RESPECT TO ANY ACTION BROUGHT IN COURT, THE FOLLOWING TERMS SHALL APPLY: (a) THE RESPECTIVE PARTIES HERETO SHALL AND TENANT EACH THEY HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE REQUIREMENTS THAT ARE NOW IN FORCE OR ARE SUBSEQUENTLY ENACTED, DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF CONNECTION WITH ANY MATTER WHATSOEVER ARISING OUT OF OR IN CONNECTION ANY WAY CONNECTED WITH THIS LEASE, ANY RENT DISPUTE UNDER THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT’S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE PREMISES OR ANY EMERGENCY OR STATUTORY REMEDY. . (b) IF EITHER LANDLORD COMMENCES ANY SUMMARY PROCEEDINGS OR TENANT DESIRES TO BRING AN ACTION FOR NON-PAYMENT OF RENT, TENANT SHALL NOT INTERPOSE ANY COUNTERCLAIM OF ANY NATURE OR DESCRIPTION (UNLESS SUCH COUNTERCLAIM SHALL BE MANDATORY) IN ANY SUCH PROCEEDING OR ACTION, AND ANY SUCH COUNTERCLAIM SHALL BE RELEGATED TO AN INDEPENDENT ACTION AT LAW. IN ADDITION, LANDLORD AND TENANT EACH WAIVES ANY OBJECTION TO VENUE IN AGAINST THE CITY AND COUNTY OF SAN FRANCISCO, AND CONSENTS TO PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OTHER IN CONNECTION WITH THIS LEASE, SUCH ACTION SHALL BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN CHICAGO, ILLINOIS. LANDLORD AND TENANT CONSENT TO THE JURISDICTION OF SUCH COURTS AND WAIVE ANY RIGHT TO HAVE SUCH ACTION TRANSFERRED FROM SUCH COURTS ON THE GROUNDS OF IMPROPER VENUE OR INCONVENIENT FORUM.

WAIVER OF TRIAL BY JURY; VENUE. LANDLORD AND TENANT EACH THE PARTIES HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE REQUIREMENTS THAT ARE NOW IN FORCE OR ARE SUBSEQUENTLY ENACTED, WAIVES TRIAL BY JURY IN ANY ACTIONCOURT AND IN ANY SUIT, ACTION OR PROCEEDING ON ANY MATTER ARISING IN CONNECTION WITH OR COUNTERCLAIM BROUGHT BY EITHER IN ANY WAY RELATED TO THIS LEASE AND/OR THE ENFORCEMENT OF ANY OF THEIR RIGHTS AND REMEDIES, INCLUDING WITHOUT LIMITATION, TORT CLAIMS. THE PARTIES ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY AND VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE PARTIES HERETO AGAINST RAMIFICATIONS OF THIS WAIVER. TENANT HEREBY SUBMITS TO PERSONAL JURISDICTION IN THE OTHER OR THEIR SUCCESSORS IN RESPECT STATE OF GEORGIA FOR THE ENFORCEMENT OF TENANT’S OBLIGATIONS HEREUNDER AND WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY MATTER OTHER STATE TO OBJECT TO JURISDICTION WITHIN THE STATE OF GEORGIA FOR THE PURPOSES OF LITIGATION TO ENFORCE SUCH OBLIGATIONS OF TENANT. TENANT HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY FEDERAL, STATE OR LOCAL COURT HAVING A SITUS WITHIN THE CITY OF SAVANNAH, COUNTY OF CHATHAM, STATE OF GEORGIA. IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS LEASE TENANT IRREVOCABLY AGREES THAT ALL CLAIMS IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP RESPECT OF LANDLORD SUCH ACTION OR PROCEEDING MAY BE HEARD AND TENANT, TENANT’S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE OR ANY EMERGENCY OR STATUTORY REMEDY. IF LANDLORD COMMENCES ANY SUMMARY PROCEEDINGS OR ACTION FOR NON-PAYMENT OF RENT, TENANT SHALL NOT INTERPOSE ANY COUNTERCLAIM OF ANY NATURE OR DESCRIPTION (UNLESS SUCH COUNTERCLAIM SHALL BE MANDATORY) DETERMINED IN ANY SUCH PROCEEDING OR ACTION, COURT AND ANY SUCH COUNTERCLAIM SHALL BE RELEGATED TO AN INDEPENDENT ACTION AT LAW. IN ADDITION, LANDLORD AND TENANT EACH IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN THE CITY AND COUNTY OF SAN FRANCISCO, AND CONSENTS TO PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA IN ANY ACTION, PROCEEDING SUCH A COURT OR COUNTERCLAIM ARISING IN CONNECTION WITH THIS LEASETHAT SUCH COURT IS AN INCONVENIENT FORUM.