Common use of Waivers by Tenant Clause in Contracts

Waivers by Tenant. Section 22.01. Tenant, for itself, and on behalf of any and all persons claiming through or under it, including creditors of all kinds, does hereby waive and surrender all rights and privileges which they or any of them might have under or by reason of any present or future law, to redeem the Demised Premises or to have a continuance of this Lease for the term hereby demised after having-been dispossessed or ejected therefrom by process of law or after the termination of this Lease as provided herein. Section 22.02. In the event Landlord commences any summary proceeding (whether for non‐payment of rent, or for Tenant’s holding-over, or otherwise), or an ejectment action to recover possession of the Demised Premises, or other action for non-payment of rent, or for a breach of any of the covenants and conditions hereunder, Tenant covenants and agrees that it will not interpose any counterclaim or set-off in any such action or proceeding, or seek by consolidation or otherwise to interpose any counterclaim or set-off unless the failure to assert same would constitute a waiver of such counterclaim or set-off by Tenant and Landlord fails to waive the right to assert such waiver in writing. To the extent permitted by applicable law, Tenant hereby waives trial by jury and agrees that Tenant will not interpose any counterclaim or set-off of whatsoever nature or description in any matter whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, or Tenant’s use or occupancy of the Demised Premises, any claim of injury or damage, any claim of failure to provide services, or any emergency or other statutory remedy with respect thereto. Any claim that Tenant may have against Landlord shall be separately prosecuted and Tenant waives a trial by jury relative thereto. The provisions of this Article shall survive the breach or termination of this Lease. Section 22.03. In the event Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s consent or approval, or in any case where Landlord’s reasonableness in exercising its judgment is in issue, Tenant’s sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claims in any money damages in any action or by way of set off, defense or counterclaim and Tenant hereby specifically waives the right to any money damages or other remedies.

Waivers by Tenant. Section 22.0138.01. Tenant, for itself, and on behalf of any and all persons claiming through or under it, including creditors of all kinds, does hereby waive and surrender all rights right and privileges privilege which they or any of them might have under or by reason of any present or future law, to redeem the Demised Premises or to have a continuance of this Lease for the term hereby demised after having-having been dispossessed or ejected therefrom by process of law or after the termination of this Lease as provided herein. Section 22.0238.02. In the event Landlord commences any summary proceeding (whether for non‐payment of rent, or for Tenant’s holding-over, or otherwise), or an ejectment action to recover possession of the Demised Premises, or other action for non-payment of rent, or for a breach of any of the covenants and conditions hereunder, Tenant covenants and agrees that it will not interpose any counterclaim or set-off in any such action or proceeding, or seek by consolidation or otherwise to interpose any counterclaim or set-off unless the failure to assert same would constitute a waiver of such counterclaim or set-off by Tenant and Landlord fails to waive hereby waives the right to assert such waiver in writing. To the extent permitted by applicable law, Tenant hereby waives trial by jury and agrees that Tenant will not interpose any counterclaim or set-off of whatsoever nature or description in any matter action, summary proceeding, legal proceeding or counterclaim between or among the parties hereto or their successors or assigns on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, or Tenant’s 's use of or occupancy of the Demised Premises, Premises and any claim of injury or damage, any claim of failure to provide services, emergency statutory or any emergency other statutory remedy. Section 38.03. Supplementing and in furtherance of the provisions of Section 38.02, hereof, Tenant hereby waives the right to interpose a counterclaim of whatever nature or description (other than counterclaims which are compulsory in nature) in any summary proceeding instituted by Landlord against Tenant for possession of the Demised Premises or in any action or proceeding instituted by Landlord for unpaid Fixed Rent, additional rent or other statutory remedy with respect thereto. Any claim that sums or charges payable by Tenant may have against Landlord shall be separately prosecuted and Tenant waives a trial by jury relative thereto. The provisions of this Article shall survive the breach or termination of under this Lease. Section 22.0338.04. In the event Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s 's consent or approval, or in any case where Landlord’s 's reasonableness in exercising its judgment is in issue, Tenant’s 's sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claims in any money damages in any action or by way of set off, defense or counterclaim (other than counterclaims which are compulsory in nature) and Tenant hereby specifically waives the right to any money damages or other remedies.

Waivers by Tenant. Section 22.0137.01. Tenant, for itself, and on behalf of any and all persons claiming through or under it, including creditors of all kinds, does hereby waive and surrender all rights right and privileges privilege which they or any of them might have under or by reason of any present or future law, to redeem the Demised Premises or to have a continuance of this Lease for the term Term hereby demised after having-having been dispossessed or ejected therefrom by process of law or after the termination of this Lease as provided herein. Section 22.0237.02. In the event Landlord commences any summary proceeding (whether for non‐payment of rent, or for Tenant’s holding-over, or otherwise), or an ejectment action to recover possession of the Demised Premises, or other action for non-payment of rent, or for a breach of any of the covenants and conditions hereunder, Tenant covenants and agrees that it will not interpose any counterclaim or set-off in any such action or proceeding, or seek by consolidation or otherwise to interpose any counterclaim or set-off unless the failure to assert same would constitute a waiver of such counterclaim or set-off by Tenant and Landlord fails to waive hereby waives the right to assert such waiver in writing. To the extent permitted by applicable law, Tenant hereby waives trial by jury and agrees that Tenant will not interpose any counterclaim or set-off of whatsoever nature or description in any matter action, summary proceeding, legal proceeding or counterclaim between or among the parties hereto or their successors or assigns on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, or and Tenant’s 's use of or occupancy of the Demised Premises. Section 37.03. Supplementing and in furtherance of the provisions of Section 37.02, hereof, Tenant hereby waives the right to interpose a counterclaim of whatever nature or description in any claim summary proceeding instituted by Landlord against Tenant for possession of injury the Premises or damagein any action or proceeding instituted by Landlord for unpaid Fixed Rent, any claim of failure to provide services, or any emergency Additional Rent or other statutory remedy with respect thereto. Any claim that sums or charges payable by Tenant may have against Landlord shall be separately prosecuted and Tenant waives a trial by jury relative thereto. The provisions of this Article shall survive the breach or termination of under this Lease. Section 22.0337.04. In the event Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s 's consent or approval, or in any case where Landlord’s 's reasonableness in exercising its judgment is in issue, Tenant’s 's sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant covenant, and in no event shall Tenant claim or assert any claims in for any money damages in any action or by way of set off, defense or counterclaim and Tenant hereby specifically waives the right to any money damages or other remedies.

Waivers by Tenant. Section 22.01. 22.01 Tenant, for itself, and on behalf of any and all persons claiming through or under it, including creditors of all kinds, does hereby waive and surrender all rights and privileges which they or any of them might have under or by reason of any present or future law, to redeem the Demised Premises or to have a continuance of this Lease for the term hereby demised Term after having-been dispossessed or ejected therefrom by process of law or after the termination of this Lease as provided herein. Section 22.02. 22.02 In the event Landlord commences any summary proceeding (whether for non‐payment non-payment of rent, or for Tenant’s holding-over, or otherwise), or an ejectment action to recover possession of the Demised Premises, or other action for non-payment of rent, or for a breach of any of the covenants and conditions hereunder, Tenant covenants and agrees that it will not interpose any counterclaim or set-off in any such action or proceeding, or seek by consolidation or otherwise to interpose any counterclaim or set-off unless the failure to assert same would constitute a waiver of such counterclaim or set-off by Tenant and Landlord fails to waive the right to assert such waiver in writing. To the extent permitted by applicable law, Tenant hereby waives trial by jury and agrees that Tenant will not interpose any counterclaim or set-off of whatsoever nature or description in any matter whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, or Tenant’s use or occupancy of the Demised Premises, any claim of injury or damage, any claim of failure to provide services, or any emergency or other statutory remedy with respect thereto. Any claim that Tenant may have against Landlord shall be separately prosecuted and Tenant waives a trial by jury relative thereto. The provisions of this Article shall survive the breach or termination of this Lease. Section 22.03. 22.03 In the event Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s consent or approval, or in any case where Landlord’s reasonableness in exercising its judgment is in issue, Tenant’s sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claims in any money damages in any action or by way of set off, defense or counterclaim and Tenant hereby specifically waives the right to any money damages or other remedies. Section 22.04 The pertinent provisions of this Lease shall be considered express agreements governing the services to be furnished by Landlord, and Tenant agrees that any Requirement, now or hereafter in force, shall have no application in connection with any enlargement of Landlord’s obligations with respect to such services. ​

Waivers by Tenant. Section 22.0139.01. Tenant, for itself, and on behalf of any and all persons claiming through or under it, including creditors of all kinds, does hereby waive and surrender all rights right and privileges privilege which they or any of them might have under or by reason of any present or future law, to redeem the Demised Premises or to have a continuance of this Lease for the term hereby demised after having-having been dispossessed or ejected therefrom by process of law or after the termination of this Lease as provided herein. Section 22.0239.02. In the event Landlord commences any summary proceeding (whether for non‐payment of rent, or for Tenant’s holding-over, or otherwise), or an ejectment action to recover possession of the Demised Premises, or other action for non-payment of rent, or for a breach of any of the covenants and conditions hereunder, Tenant covenants and agrees that it will not interpose any counterclaim or set-off in any such action or proceeding, or seek by consolidation or otherwise to interpose any counterclaim or set-off unless the failure to assert same would constitute a waiver of such counterclaim or set-off by Tenant and Landlord fails to waive hereby waives the right to assert such waiver in writing. To the extent permitted by applicable law, Tenant hereby waives trial by jury and agrees that Tenant will not interpose any counterclaim or set-off of whatsoever nature or description in any matter action, summary proceeding, legal proceeding or counterclaim between or among the parties hereto or their successors or assigns on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, or Tenant’s 's use of or occupancy of the Demised Premises, Premises and any claim of injury or damage, any claim of failure to provide services, emergency statutory or any emergency other statutory remedy. 39.03. Supplementing and in furtherance of the provisions of Section 39.02, hereof, Tenant hereby waives the right to interpose a counterclaim of whatever nature or description in any summary proceeding instituted by Landlord against Tenant for possession of the Demised Premises or in any action or proceeding instituted by Landlord for unpaid Base Rent, Additional Rent or other statutory remedy with respect thereto. Any claim that sums or charges payable by Tenant may have against Landlord shall be separately prosecuted and Tenant waives a trial by jury relative thereto. The provisions of this Article shall survive the breach or termination of under this Lease. Section 22.03. (a) In the event Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s 's consent or approval, or in any case where Landlord’s 's reasonableness in exercising its judgment is in issue, Tenant’s 's sole remedy shall be an action for specific performance, declaratory judgment judgement, injunction or injunction expedited arbitration pursuant to Section 39.04(b) below, and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claims in any money damages in any action or by way of set off, defense or counterclaim and Tenant hereby specifically waives the right to any money damages or other remediesremedies not specifically provided in this Section 39.04. (i) Notwithstanding anything in this Lease to the contrary, any dispute between the parties under this Lease as to whether Landlord has been unreasonable in refusing to grant its consent or approval may be resolved by arbitration as provided in this paragraph. In the event of such a dispute, the disputing party shall give notice thereof to the other and, within five days after giving such notice, also shall request the appointment of an arbitrator by the American Arbitration Association (or any successor organization), or in the absence, refusal, failure or inability to act of such organization, either party may apply for a court appointment of such arbitrator. The arbitrator shall be a fit and impartial person who shall have had at least ten (10) years' experience in Suffolk County, New York in a calling connected with the matter of the dispute. (ii) Once the arbitrator is appointed, the arbitration shall be conducted to the extent consistent with this Article, in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association (or any successor organization). The decision and award shall be rendered by the arbitrator within fifteen (15) days after his or her appointment. Such decision and award shall be in writing and shall be final, conclusive and binding on the parties, and counterpart copies thereof shall be delivered to each of the parties. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of this Lease. Judgment may be entered on the decision and award of the arbitrator so rendered in any court of competent jurisdiction. (iii) The fees and expenses of the arbitrator and all other expenses of the arbitration (other than the fees and disbursements of attorneys or witness for each party) shall be borne by the parties equally.