Common use of Possession and Use of the Project Clause in Contracts

Possession and Use of the Project. (a) The Issuer covenants and agrees that as long as neither the Issuer nor the Trustee has exercised any of the remedies set forth in Section 12.2(c) following the occurrence and continuance of an Event of Default, the Tenant shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the Issuer’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The Issuer covenants and agrees that it will not take any action, other than expressly pursuant to Article XII of this Lease, to prevent the Tenant from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Tenant, cooperate with the Tenant in order that the Tenant may have quiet and peaceable possession and enjoyment of the Project and will defend the Tenant’s enjoyment and possession thereof against all parties. (b) Subject to the provisions of this Section, the Tenant shall have the right to use the Project for any lawful purpose allowed by law and contemplated by the Act, including without limitation by entering into the Sublease and permitting Subtenant to enter into and ▇▇▇▇▇ ▇▇▇ rights in the Project under the Amended and Restated Lease. (c) Subject to Section 12.4, the Tenant shall cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions and requirements of all federal, state, local and other governments or governmental authorities, now or hereafter applicable to the Project or to any adjoining public ways, as to the manner of use or the condition of the Project or of adjoining public ways. Subject to Section 12.4, the Tenant shall also cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, the mandatory requirements, rules and regulations of all insurers under the policies carried under the provisions of Article VII hereof. (d) Subject to Section 12.4 hereof, the Tenant shall pay, and during the term of the Sublease Subtenant agrees to pay, all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of, or be imposed as a result of, the failure of the Tenant to comply with the provisions of this Section. (e) Notwithstanding any provision contained in this Section, however, the Tenant and, to the extent permitted by Tenant in the Sublease or otherwise in writing, Tenant’s Delegee shall have the right, at its own cost and expense, to contest or review by legal or other appropriate procedures the validity or legality of any such governmental statute, law, ordinance, order, judgment, decree, regulation, direction or requirement, or any such requirement, rule or regulation of an insurer, and during such contest or review the Tenant may refrain from complying therewith.

Possession and Use of the Project. (a) The Issuer covenants and agrees that that, as long as neither the Issuer nor the Trustee has exercised any of the remedies set forth in Section 12.2(c) following the occurrence and continuance of an no Event of DefaultDefault under this Lease Agreement shall have occurred, the Tenant FHLBank shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the Issuer’s and the Trustee’s right of access pursuant to Section 10.3 6.11 hereof) and shall and may peaceably and quietly have, hold hold, and enjoy the Project during the term of this Lease TermAgreement. The Issuer covenants and agrees that it will not take any action, other than expressly pursuant to Article XII VII of this LeaseLease Agreement, to prevent the Tenant FHLBank from having quiet and peaceable possession and enjoyment of the Project during the term of this Lease Term Agreement and will, at the request and expense of the TenantFHLBank, cooperate with the Tenant in order that the Tenant may have quiet and peaceable possession and enjoyment of the Project and will defend the TenantFHLBank’s enjoyment and possession thereof against all parties. (b) Subject to the provisions of this SectionLease Agreement, the Tenant FHLBank shall have the right to use the Project for any lawful purpose allowed by law and contemplated by the Act, including without limitation by entering into the Sublease and permitting Subtenant to enter into and ▇▇▇▇▇ ▇▇▇ rights in the Project under the Amended and Restated Lease. (c) Subject to Section 12.4, the Tenant . FHLBank shall cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, with all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions directions, and requirements of all federal, state, local local, and other governments or governmental authorities, now or hereafter applicable to the Project or to any adjoining public ways, as to the manner of use or the condition of the Project or of adjoining public ways. Subject to Section 12.4, the Tenant FHLBank shall also cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, with the mandatory requirements, rules rules, and regulations of all insurers under the policies required to be carried under the provisions of Article VII VI hereof. (d) Subject to Section 12.4 hereof, the Tenant . FHLBank shall pay, and during the term of the Sublease Subtenant agrees to pay, pay all costs, expenses, claims, fines, penalties penalties, and damages that may in any manner arise out of, or be imposed as a result of, the failure of the Tenant FHLBank to comply with the provisions of this Section. (e) . Notwithstanding any provision contained in this Section, however, the Tenant and, to the extent permitted by Tenant in the Sublease or otherwise in writing, Tenant’s Delegee FHLBank shall have the right, with prior written notice to the Issuer, at its own cost and expense, to contest or review review, by legal or other appropriate procedures procedures, the validity or legality of any such governmental statute, law, ordinance, order, judgment, decree, regulation, direction direction, or requirement, or any such requirement, rule rule, or regulation of an insurer, and during such contest or review the Tenant FHLBank may refrain from complying therewith.

Possession and Use of the Project. (a) The Issuer City covenants and agrees that as long as neither the Issuer City nor the Trustee has exercised any of the remedies set forth in Section 12.2(c) 12.2 hereof following the occurrence and continuance of an Event of Default, , as defined in Section 12.1 hereof, the Tenant Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the IssuerCity’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The Issuer City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII of this Leasehereof, to prevent the Tenant Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the TenantCompany, cooperate with the Tenant Company in order that the Tenant Company may have quiet and peaceable possession and enjoyment of the Project and will defend the TenantCompany’s enjoyment and possession thereof against all parties. (b) Subject to the provisions of this Section, the Tenant Company shall have the exclusive right to use the Project for any lawful purpose allowed by law and contemplated by the Act, including without limitation by entering into Act and consistent with the Sublease and permitting Subtenant to enter into and ▇▇▇▇▇ ▇▇▇ rights in terms of the Project under the Amended and Restated Lease. (c) Subject to Section 12.4, the Tenant Performance Agreement. The Company shall cause the Tenant’s Delegee use its best efforts to comply with, and during the term of the Sublease Subtenant agrees to comply with, in all material respects with all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions and requirements of all federal, state, local and other governments or governmental authorities, now or hereafter applicable to the Project or to any adjoining public ways, as to the manner of use or the condition of the Project or of adjoining public ways. Subject In the event of demonstrated noncompliance with such statutes, laws, ordinances, orders, judgments, decrees, regulations, directions and requirements the Company will take all reasonable steps to Section 12.4comply with such statutes, the Tenant laws, ordinances, orders, judgments, decrees, regulations, directions and requirements. The Company shall also cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, with the mandatory requirements, rules and regulations of all insurers under the policies carried under the provisions of Article VII hereof. (d) Subject to Section 12.4 hereof, the Tenant . The Company shall pay, and during the term of the Sublease Subtenant agrees to pay, pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of, or be imposed as a result of, the failure of the Tenant Company to comply with the provisions of this Section. (e) . Notwithstanding any provision contained in this Section, however, the Tenant and, to the extent permitted by Tenant in the Sublease or otherwise in writing, Tenant’s Delegee shall have the rightCompany may, at its own cost and expense, to contest or review by legal or other appropriate procedures the validity or legality of any such governmental statute, law, ordinance, order, judgment, decree, regulation, direction or requirement, or any such requirement, rule or regulation of an insurer, and during such contest or review the Tenant Company may refrain from complying therewith.

Possession and Use of the Project. (a) The Issuer WCIC covenants and agrees that as long as neither the Issuer nor the Trustee WCIC has not exercised any of the remedies set forth in Section 12.2(c) 11.2 of this Sublease following the occurrence and continuance of an Event of Default, the Tenant as defined in Section 11.1 of this Sublease, Valent shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and subject to the IssuerCity’s and the Trustee’s right of access pursuant to Section 10.3 hereofof the Lease) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Sublease Term. The Issuer WCIC covenants and agrees that it will not take any action, other than expressly pursuant to Article XII of this Lease, action to prevent the Tenant Valent from having quiet and peaceable possession and enjoyment of the Project during the Lease Sublease Term and will, at the request and expense of the TenantValent, cooperate with the Tenant Valent in order that the Tenant Valent may have quiet and peaceable possession and enjoyment of the Project and will defend the TenantValent’s enjoyment and possession thereof against all parties. (b) Subject to the provisions of this Section, the Tenant Valent shall have the exclusive right to use the Project for any lawful purpose allowed by law and contemplated by the Act, including without limitation by entering into Act and consistent with the Sublease and permitting Subtenant to enter into and ▇▇▇▇▇ ▇▇▇ rights in terms of the Project under the Amended and Restated Lease. (c) Subject to Section 12.4, the Tenant Performance Agreement. Valent shall cause the Tenant’s Delegee use its best efforts to comply with, and during the term of the Sublease Subtenant agrees to comply with, in all material respects with all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions and requirements of all federal, state, local and other governments or governmental authorities, now or hereafter applicable to the Project or to any adjoining public waysProject, as to the manner of use or the condition of the Project or of adjoining public waysProject. Subject to Section 12.4, the Tenant Valent shall also cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, with the mandatory requirements, rules and regulations of all insurers under the policies carried under the provisions of Article VII hereof. (d) Subject to Section 12.4 hereof, the Tenant VI below. Valent shall pay, and during the term of the Sublease Subtenant agrees to pay, promptly pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of, or be imposed as a result of, the failure of the Tenant Valent to comply with the provisions of this Section. (e) . Notwithstanding any provision contained in this Section, however, the Tenant and, to the extent permitted by Tenant in the Sublease or otherwise in writing, Tenant’s Delegee Valent shall have the right, at its own cost and expense, to contest or review by legal or other appropriate procedures the validity or legality of any such governmental statute, law, ordinance, order, judgment, decree, regulation, direction or requirement, or any such requirement, rule or regulation of an insurer, and during such contest or review Valent may, to the Tenant may extent permitted by law, refrain from complying therewith.

Possession and Use of the Project. (a) The Issuer covenants and agrees that that, as long as neither the Issuer nor the Trustee has exercised any of the remedies set forth in Section 12.2(c) following the occurrence and continuance of an no Event of DefaultDefault under this Lease Agreement shall have occurred, the Tenant Corporation shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the Issuer’s and the Trustee’s right of access pursuant to Section 10.3 6.13 hereof) and shall and may peaceably and quietly have, hold hold, and enjoy the Project during the term of this Lease TermAgreement. The Issuer covenants and agrees that it will not take any action, other than expressly pursuant to Article XII VII of this LeaseLease Agreement, to prevent the Tenant Corporation from having quiet and peaceable possession and enjoyment of the Project during the term of this Lease Term Agreement and will, at the request and expense of the TenantCorporation, cooperate with the Tenant in order that the Tenant may have quiet and peaceable possession and enjoyment of the Project and will defend the TenantCorporation’s enjoyment and possession thereof against all parties, subject to the provisions of the Base Lease Agreement and the Foundation Lease. (b) Subject to the provisions of this SectionLease Agreement and the Foundation Lease, the Tenant Corporation shall have the right to use the Project for any lawful purpose allowed by law and contemplated by the Act, including without limitation by entering into the Sublease and permitting Subtenant to enter into and ▇▇▇▇▇ ▇▇▇ rights in the Project under the Amended and Restated Lease. (c) Subject to Section 12.4, the Tenant . The Corporation shall cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, with all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions directions, and requirements of all federal, state, local local, and other governments or governmental authorities, now or hereafter applicable to the Project or to any adjoining public ways, as to the manner of use or the condition of the Project or of adjoining public ways. Subject to Section 12.4, the Tenant The Corporation shall also cause the Tenant’s Delegee to comply with, and during the term of the Sublease Subtenant agrees to comply with, with the mandatory requirements, rules rules, and regulations of all insurers under the policies required to be carried under the provisions of Article VII V hereof. (d) Subject to Section 12.4 hereof, the Tenant . The Corporation shall pay, and during the term of the Sublease Subtenant agrees to pay, pay all costs, expenses, claims, fines, penalties penalties, and damages that may in any manner arise out of, or be imposed as a result of, the failure of the Tenant Corporation to comply with the provisions of this Section. (e) . Notwithstanding any provision contained in this Section, however, the Tenant and, to the extent permitted by Tenant in the Sublease or otherwise in writing, Tenant’s Delegee Corporation shall have the right, with prior written notice to the Issuer, at its own cost and expense, to contest or review review, by legal or other appropriate procedures procedures, the validity or legality of any such governmental statute, law, ordinance, order, judgment, decree, regulation, direction direction, or requirement, or any such requirement, rule rule, or regulation of an insurer, and during such contest or review the Tenant Corporation may refrain from complying therewith.