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WAIVER OF JURY TRIAL AND COUNTERCLAIM The parties hereto waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises or the Retail Development, and/or any claim of injury or damages. In the event Landlord commences any proceedings for non-payment of Base Rent or Additional Rent, Tenant shall not interpose any counter-claim of whatever nature or description in such proceeding and shall not consolidate any claim of whatever nature or description with such proceeding. This shall not be construed as a waiver of Tenant's right to assert such claims in a separate action brought by Tenant.