Common use of Limitation on Payment of Rent Clause in Contracts

Limitation on Payment of Rent. All agreements between Landlord and Tenant herein are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of Rent, or otherwise, shall the Rent or any other amounts payable to Landlord or Tenant under this Agreement exceed the maximum permissible under applicable law, the benefit of which may be asserted by Landlord or Tenant as a defense, and if, from any circumstance whatsoever, fulfillment of any provision of this Agreement, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, or if from any circumstances Landlord or Tenant should ever receive as fulfillment of such provision such an excessive amount, then, ipso facto, the amount which is excessive shall be repaid to Tenant or applied to the reduction of the installment(s) of Minimum Rent next due and not to the payment of such excessive amount or shall be repaid to Landlord, as applicable. This provision shall control every other provision of this Agreement and any other agreements between Landlord and Tenant.

Appears in 2 contracts

Sources: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

Limitation on Payment of Rent. All agreements between Landlord and Tenant herein are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of Rentacceleration, or otherwise, shall the Annual Fixed Rent, Additional Rent or any other amounts payable to Landlord or Tenant under this Agreement Lease exceed the maximum permissible under applicable lawLaw, the benefit of which may be asserted by Landlord or Tenant as a defense, and if, from any circumstance whatsoever, fulfillment of any provision of this AgreementLease, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawLaw, or if from any circumstances Landlord or Tenant should ever receive as fulfillment of such provision such an excessive amount, then, ipso facto, the amount which is would be excessive shall be repaid to Tenant or applied to the reduction of the installment(s) of Minimum Annual Fixed Rent or Additional Rent next due and not to the payment of such excessive amount or shall be repaid to Landlord, as applicableamount. This provision shall control every other provision of this Agreement Lease and any other agreements between Landlord and Tenant.

Appears in 1 contract

Sources: Credit Agreement (Revel Entertainment Group, LLC)

Limitation on Payment of Rent. All agreements between Landlord and Tenant herein are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of Rent, or otherwise, shall the Rent or any other amounts payable to Landlord or Tenant under this Agreement exceed the maximum permissible under applicable lawApplicable Laws, the benefit of which may be asserted by Landlord or Tenant as a defense, and if, from any circumstance whatsoever, fulfillment of any provision of this Agreement, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, or if from any circumstances Landlord or Tenant should ever receive as fulfillment of such provision such an excessive amount, then, ipso facto, the amount which is would be excessive shall be repaid to Tenant or applied to the reduction of the installment(s) of Minimum Rent or Additional Minimum Rent next due and not to the payment of such excessive amount or amount. Landlord shall be repaid have the option to terminate this Lease at any time that the payments due hereunder (other than in the case of acceleration of Rent) have been reduced as a result of the application of this Section 21.1, unless Tenant and Landlord shall agree to amend this Lease in a manner to resolve the issue to the satisfaction of Tenant and Landlord, as applicable. This provision shall control every other provision of this Agreement and any other agreements between Landlord and Tenant.

Appears in 1 contract

Sources: Master Lease Agreement (Care Investment Trust Inc.)