Common use of No Counterclaim or Setoff Clause in Contracts

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Lease, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenant’s covenant to pay Rent, fees or any other payments under this Lease are independent of all other covenants and agreements in this Lease; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAgreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the that Tenant’s covenant to pay Rent, fees or any other payments under this Lease Agreement are independent of all other covenants and agreements in this LeaseAgreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇Tenant’s right to assert such a claim in any separate action brought by Tenant▇▇▇▇▇▇.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAgreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the that Tenant’s covenant to pay Rent, fees or any other payments under this Lease Agreement are independent of all other covenants and agreements in this LeaseAgreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇Tenant’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAgreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenant’s covenant to pay Rent, fees or any other payments under this Lease Agreement are independent of all other covenants and agreements in this LeaseAgreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇Tenant’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-payment nonpayment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAgreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the that Tenant’s covenant to pay Rent, fees or any other payments under this Lease Agreement are {00299395.DOC; 1 / 22072 / GRNLSE } 1324356v10 47 independent of all other covenants and agreements in this LeaseAgreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇Tenant’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAgreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenantthat ▇▇▇▇▇▇’s covenant to pay Rent, fees or any other payments under this Lease Agreement are independent of all other covenants and agreements in this LeaseAgreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇’s right to assert such a claim in any separate action brought by Tenant▇▇▇▇▇▇.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAgreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenant’s covenant to pay Rent, fees or any other payments under this Lease Agreement are independent of all other covenants and agreements in this LeaseAgreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇Tenant’s right to assert such a claim in any separate action brought by Tenant▇▇▇▇▇▇.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAmended and Restated Agreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenant’s covenant to pay Rent, fees or any other payments under this Lease Amended and Restated Agreement are independent of all other covenants and agreements in this LeaseAmended and Restated Agreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇Tenant’s right to assert such a claim in any separate action brought by Tenant.

No Counterclaim or Setoff. If the Port shall commence any proceeding for non-non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this LeaseAgreement, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenantthat ▇▇▇▇▇▇’s covenant to pay Rent, fees or any other payments under this Lease Agreement are independent of all other covenants and agreements in this LeaseAgreement; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇Tenant’s right to assert such a claim in any separate action brought by Tenant.