Common use of Net Obligations Clause in Contracts

Net Obligations. 3.3.1 Notwithstanding any other provision of this Lease, this Lease is a net lease and the Rental shall be paid without notice or demand, and without counterclaim, setoff, defense, suspension or deferment, of any kind, and without deduction, abatement or diminution of any kind. This Lease shall not terminate (except as may be expressly set forth herein), and Tenant shall not have any right to terminate or avoid this Lease or be entitled to the abatement (in whole or in part) of any Rental or rents hereunder or any reduction thereof, nor shall the obligations and liabilities of Tenant hereunder be in any way affected for any reason, including without limitation: (i) any defect in, damage to, destruction of, or (subject to the terms of Article 28 hereof) condemnation of any part of the Premises; (ii) any restriction of or interference with any use of the Premises or action by Government Authorities or third parties; (iii) any matter affecting title to, or any eviction by Government Authorities or third parties from the Premises; (iv) any proceeding relating to Landlord or action taken with respect to this Lease by any trustee or receiver of any successor to Landlord or by any court in any proceedings; (v) any failure by Landlord to perform or comply with this Lease or any other agreement or business dealings with Tenant; (vi) impossibility or illegality of performance by Tenant; or (vii) any other similar occurrence whatsoever, whether or not Tenant shall have notice or knowledge of any of the foregoing. The obligations of Tenant hereunder shall be separate and independent covenants and agreements. Each payment made by Tenant to Landlord pursuant to this Lease shall be final and Tenant shall not seek to recover all or any part of such payment from Landlord for any reason whatsoever. 3.3.2 Tenant shall remain obligated under this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting Landlord or any assignee of Landlord or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. Tenant waives all rights to terminate or surrender this Lease, or to any abatement, reduction or deferment of Rental.

Net Obligations. 3.3.1 Notwithstanding any other provision of this Lease, this This Lease is a net lease and Lessee's obligation to pay all indemnities and other amounts payable under the Rental Operative Documents in accordance with their terms shall be paid absolute and unconditional under any and all circumstances and, without notice limiting the generality of the foregoing, Lessee shall not be entitled to any abatement or demandreduction of payments or any setoff against Rent, and without counterclaimindemnity or other amounts, setoff, defense, suspension or deferment, whether arising by reason of any kindpast, and without deduction, abatement present or diminution future claims of any kindnature by Lessee against Agent, Lessor or any Participant, or otherwise. This Except as otherwise expressly provided herein, this Lease shall not terminate (except as may be expressly set forth herein), and Tenant shall not have any right to terminate or avoid this Lease or be entitled to the abatement (in whole or in part) of any Rental or rents hereunder or any reduction thereofterminate, nor shall the obligations and liabilities of Tenant hereunder Lessee be in any way affected for any reason, including without limitationotherwise affected: (ia) by reason of any defect in, damage to, destruction ofor loss of possession or use, obsolescence or destruction, of any or all of the Equipment, however caused; or (subject to b) by the terms of Article 28 hereof) condemnation taking or requisitioning of any part or all of the PremisesEquipment by condemnation or otherwise; or (iic) by the invalidity or unenforceability or lack of due authorization by Agent, Lessor, any Participant or Lessee or other infirmity of this Lease or any other Operative Document; or (d) by the attachment of any Lien of any third party to any Equipment; or (e) by any prohibition or restriction of or interference with Lessee's use or quiet EXECUTION COPY enjoyment of any use or all of the Premises Equipment by any Person; or action (f) by Government Authorities the insolvency of or third parties; (iii) any matter affecting title tothe commencement by or against Agent, Lessor or any eviction Participant of any bankruptcy, reorganization or similar proceeding; or (g) by Government Authorities the failure of Lessee to achieve the characterization of the transaction intended as set forth in Section 5.1 of the Participation Agreement; or third parties from the Premises; (ivh) any proceeding relating to Landlord or action taken with respect to this Lease by any trustee other cause, whether similar or receiver dissimilar to the foregoing, any present or future law to the contrary notwithstanding. It is the intention of any successor the parties that all Rent, indemnities and other amounts payable by Lessee under the Operative Documents shall be payable in all events in the manner and at the times herein provided unless Lessee's obligations in respect thereof have been terminated or modified pursuant to Landlord or by any court in any proceedings; (v) any failure by Landlord to perform or comply with the express provisions of this Lease or any other agreement Operative Document. To the extent permitted by Applicable Laws, Lessee hereby waives any and all rights which it may now have or business dealings which may at any time be conferred upon it, by statute or otherwise, to terminate, cancel, quit or surrender this Lease, in whole or in part, except strictly in accordance with Tenant; (vi) impossibility or illegality of performance by Tenant; or (vii) the express terms hereof and any other similar occurrence whatsoeverOperative Document. Each rental, whether indemnity or not Tenant shall have notice or knowledge of any of the foregoing. The obligations of Tenant other payment made by Lessee hereunder shall be separate final, and independent covenants and agreements. Each payment made by Tenant to Landlord pursuant to this Lease shall be final and Tenant Lessee shall not seek to recover (except as expressly provided in this Lease) all or any part of such payment from Landlord Agent, Lessor or any Participant for any reason whatsoever. 3.3.2 Tenant . In the event that Lessee believes Lessor or Lessee has made a miscalculation or Lessee has made an overpayment of any amount due and payable hereunder, Lessee may submit to Lessor a statement showing the calculation of the correct amount that was due and payable and request a repayment of any amount Lessee believes to be an excess payment and Lessor shall remain obligated reasonably consider such request; provided, that any such statement shall not be deemed conclusive. Without affecting Lessee's obligation to pay Rent or other amounts payable under the Operative Documents, Lessee may seek damages for a breach by Agent, Lessor or any Participant of its obligations or the inaccuracy of its representations and warranties under this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting Landlord the Participation Agreement or any assignee of Landlord or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. Tenant waives all rights to terminate or surrender this Lease, or to any abatement, reduction or deferment of Rentalother Operative Documents.