Haeth Defence and Counterclaim(1)

13 further it says that it is willing and able to pay

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13. Further it says that it is willing and able to pay all rent and, or alternatively, mesne profits in respect of its possession of the premises until the trial and determination of this proceeding and further says that it is ready willing and able to continue to perform all the covenants contained in the lease, including the covenant for the payment of rent. 14. By reason of the foregoing matters it claims to be entitled to be relieved against any forfeiture which the court might hold to have been effected by the plaintiff. 15. Further or alternatively, it refers to and repeats the allegations contained in paragraphs 8 to 11. 16. Insofar as the damages sought to be set-off in paragraphs 8 to 11 of the Defence exceed the amount required to satisfy the plaintiffs claim for rent and mesne profits, or insofar as it may be held that the defendant is not entitled to set-off those damages, it counterclaims for damages in respect of that loss and damage. AND THE DEFENDANT COUNTERCLAIMS: A. Pursuant to paragraphs 12 to 14 relief against forfeiture of the defendant’s term under the said lease. B. Pursuant to paragraph 16, damages. Dated: ............................................................... 3
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