Common use of Absolute Net Lease Clause in Contracts

Absolute Net Lease. This Lease is an "absolute net lease," and the Lessee's obligations to make Lease Payments as provided in Section 7.1 of this Lease, to pay Additional Rent AS provided in Section 7.2 of this Lease, and to perform and observe all other covenants and agreements of the Lessee contained herein shall be absolute and unconditional, and the failure by the Lessee to make such Lease Payments and to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoff, counterclaim, abatement, deduction or defense whatsoever. Following Substantial Completion, notwithstanding the Lessor's obligation to complete punch-list items, the Lessee shall assume the sole responsibility for the condition, use, operation, maintenance, repair and management of the Leased Premises, and Lessee will, at its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and nonstructural, and ordinary and extraordinary changes, repairs and replacements which may be required to be made upon or in connection with the Leased Premises in order to keep the same in good repair and condition, reasonable wear and tear and ordinary use excepted; provided, however, that nothing herein shall be construed to release the Lessor from completion of the punch-list items, and if the Lessor should fail to complete the punch-list items within a reasonable time, the Lessee may institute such legal action against the Lessor as the Lessee may deem necessary to compel the performance of such obligation or to recover damages therefore. Notwithstanding anything in this Lease to the contrary, Lessee shall have no obligations to indemnify Lessor for any claims, loss, liabilities or damages arising from the negligence or willful misconduct of Lessor, its employees or agents.

Absolute Net Lease. This It is the purpose and intent of Landlord and Tenant that the Rent hereinabove provided to be paid to Landlord by Tenant be absolutely net to Landlord so that this Lease is an "absolute shall yield net lease," and to Landlord without abatement, set-off or deduction therefrom the Lessee's obligations Rent as hereinabove provided, to make Lease Payments as provided in Section 7.1 be paid during the Term of this LeaseLease or any extensions hereof, and, that all costs, expenses, and impositions of every kind or nature whatsoever relating to pay Additional Rent AS provided in Section 7.2 the Premises which may become due during the Term of this LeaseLease or any extensions hereof (including, without limitation, pursuant to the Covenants and Agreements) be paid by Tenant, and Landlord be indemnified, defended and 5 saved harmless by Tenant from and against the same. Tenant hereby assumes and agrees to perform all duties and observe all other covenants and agreements of obligations with relation to the Lessee contained herein shall be absolute and unconditionalPremises, and as well as the failure by the Lessee to make such Lease Payments and to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoff, counterclaim, abatement, deduction or defense whatsoever. Following Substantial Completion, notwithstanding the Lessor's obligation to complete punch-list items, the Lessee shall assume the sole responsibility for the condition, use, operation, maintenance, repair and management maintenance thereof even though such duties and obligations would otherwise be construed to be those of the Leased PremisesLandlord. Nothing herein contained, and Lessee willhowever, at its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and nonstructural, and ordinary and extraordinary changes, repairs and replacements shall be deemed to require Tenant to pay or discharge any franchise taxes imposed on Landlord or income taxes imposed upon Landlord or liens or mortgages of any character whatever which may be required to be made placed upon the Premises by the affirmative act of Landlord, or the costs and expenses incurred by Landlord in connection with any sale of the Leased Premises in order to keep the same in good repair and conditionPremises. Furthermore, reasonable wear and tear and ordinary use excepted; provided, however, that nothing herein shall be construed to release the Lessor or relieve Landlord from completion of the punch-list items, and if the Lessor should fail to complete the punch-list items within a reasonable time, the Lessee may institute such legal action against the Lessor as the Lessee may deem necessary to compel the performance of such obligation or to recover damages therefore. Notwithstanding anything in this Lease its warranty obligations with respect to the contrary, Lessee shall have no obligations to indemnify Lessor for any claims, loss, liabilities or damages arising from the negligence or willful misconduct of Lessor, its employees or agentsLandlord's Work set forth in Exhibit C attached hereto.

Absolute Net Lease. This It is the purpose and intent of Landlord and Tenant that the rent herein above provided to be paid to Landlord by Tenant be absolutely net to Landlord so that this Lease is an "absolute shall yield net lease," and to Landlord without abatement, set-off or deduction therefrom the Lessee's obligations rent as herein above provided, to make Lease Payments as provided in Section 7.1 be paid during the Term of this LeaseLease or any extensions hereof, and, that all costs, expenses, and impositions of every kind or nature whatsoever relating to pay Additional Rent AS provided in Section 7.2 the Premises, the use thereof, the maintenance thereof, the operation thereof, the management thereof, or otherwise which may arise or become due during the Term of this LeaseLease or any extensions hereof be paid by Tenant, and Landlord be indemnified and saved harmless by Tenant from and against the same. Tenant hereby assumes and agrees to perform all duties and observe all other covenants and agreements of obligations with relation to the Lessee contained herein shall be absolute and unconditionalPremises, and as well as the failure by the Lessee to make such Lease Payments and to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoff, counterclaim, abatement, deduction or defense whatsoever. Following Substantial Completion, notwithstanding the Lessor's obligation to complete punch-list items, the Lessee shall assume the sole responsibility for the condition, use, operation, maintenancemanagement, repair and management maintenance thereof even though such duties and obligations would otherwise be construed to be those of the Leased PremisesLandlord. Nothing herein contained, and Lessee willhowever, at its cost and expenseshall be deemed to require Tenant to pay or discharge any liens or mortgages of any character, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and nonstructural, and ordinary and extraordinary changes, repairs and replacements whatever which may be required to be made placed upon or in connection with the Leased Premises in order to keep by the same in good repair and condition, reasonable wear and tear and ordinary use excepted; provided, however, that nothing herein shall be construed to release the Lessor from completion affirmative act of the punch-list items, and if the Lessor should fail to complete the punch-list items within a reasonable time, the Lessee may institute such legal action against the Lessor Landlord. Except as the Lessee may deem necessary to compel the performance of such obligation or to recover damages therefore. Notwithstanding anything expressly set forth in this Lease, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease for any cause whatsoever, any present or future law to the contrarycontrary notwithstanding. Tenant agrees that it will remain obligated under this Lease in accordance with its terms notwithstanding any action, Lessee shall have no obligations which may be taken with respect to indemnify Lessor for this Lease by any claims, loss, liabilities trustee or damages arising from the negligence receiver of Landlord in any bankruptcy or willful misconduct of Lessor, its employees or agentssimilar proceeding.

Absolute Net Lease. It is intended that the Annual Rent shall be an absolutely net return to Landlord throughout the Term of this Lease, free of any expense, charge, or other deduction whatsoever with respect to the Premises or Landlord’s interest therein, or the ownership, leasing, operation, management, maintenance, repair, use or occupation thereof. This Lease is an "“absolute net lease," ” and Tenant’s obligations arising or accruing during the Lessee's obligations to make Lease Payments as provided in Section 7.1 of this Lease, Term to pay Additional Rent AS provided in Section 7.2 of this Leaseall Annual Rent, additional rent and to perform and observe all other covenants and agreements of the Lessee contained herein payments hereunder required to be made by Tenant shall be absolute and unconditionalunconditional and Tenant shall pay all such amounts without notice, and the failure by the Lessee to make such Lease Payments and to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoffdemand, counterclaim, abatementset-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction (except as otherwise expressly provided in this Lease), free from any charges, assessments, impositions, expenses or deductions of any and every kind or nature whatsoever. Following Substantial CompletionAll costs, notwithstanding expenses and obligations of every kind and nature whatsoever relating to the Lessor's obligation Property and the appurtenances thereto and the use, maintenance and occupancy thereof which may arise or become due and payable with respect to complete punch-list items, the Lessee Term (whether or not the same shall assume become payable during such Term or thereafter) or for any period prior to the expiration of the Term shall be paid by Tenant (except as otherwise expressly provided in this Lease). Tenant assumes the sole responsibility for the condition, use, operation, maintenance, repair underletting and management of the Leased Premises, and Lessee willLandlord shall have no responsibility in respect thereof and shall have no liability for damage to Tenant’s personality or any subtenant of Tenant on any account or for any reason whatsoever. Except as otherwise expressly provided for in this Lease, at this Lease shall not terminate, nor shall Tenant have any right to terminate, rescind or void this Lease or to be released or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: (i) any damage to or destruction of the Premises; (ii) any restriction, deprivation (including eviction) or prevention of, or any interference with, any use or the occupancy of the Premises; (iii) any condemnation, requisition or other taking or sale of the use, occupancy or title of or to the Premises; (iv) any action, omission or breach on the part of Landlord under this Lease or under any other agreement between Landlord and Tenant; or (v) the inadequacy or failure of the description of the Premises to demise and let to Tenant the property intended to be leased hereby. Tenant will remain obligated under this Lease in accordance with its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinancesterms, and will make all structural and nonstructuralnot take any action to terminate, and ordinary and extraordinary changesrescind or void this Lease as a result of any bankruptcy, repairs and replacements 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 required to be made upon taken by any receiver, trustee or in connection with the Leased Premises in order to keep the same in good repair and condition, reasonable wear and tear and ordinary use excepted; provided, however, that nothing herein shall be construed to release the Lessor from completion of the punch-list items, and if the Lessor should fail to complete the punch-list items within a reasonable time, the Lessee may institute such legal action against the Lessor as the Lessee may deem necessary to compel the performance of such obligation liquidator or to recover damages therefore. Notwithstanding anything in this Lease to the contrary, Lessee shall have no obligations to indemnify Lessor for by any claims, loss, liabilities or damages arising from the negligence or willful misconduct of Lessor, its employees or agentscourt.

Absolute Net Lease. This Lease is an "absolute shall be deemed and construed to be a bond lease, absolutely net lease," to Landlord, and Tenant shall pay to Landlord, absolutely net throughout the Term, the Rent, free of any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set-off whatsoever. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or be under any other express or implied obligation or liability hereunder, except as herein otherwise expressly set forth in Section 3.5 or otherwise in this Lease and Tenant hereby waives all Applicable Laws and Requirements to the contrary. Tenant shall pay (or shall cause the Operating Subtenants to pay) all costs, expenses and charges of every kind and nature relating to the Premises from and after the Commencement Date, including, without limitation, all taxes, costs of improvements, maintenance, repairs, alterations, additions, replacements, condominium association assessments and other condominium association charges, and insurance and other Impositions, and all escrows, reserves and/or deposits relating thereto, except debt service (principal, interest and any required mortgage insurance premium (“MIP”)) on any Mortgage or any other indebtedness of Landlord or any rent or other charges under any Superior Lease, which may arise or become due or payable prior to, during or after (but attributable to a period falling within) the Term. Unless otherwise expressly provided in this Lease, Tenant’s obligation to pay Rent hereunder shall not terminate prior to the actual date contemplated by Landlord and Tenant and specifically set forth in Article A, Section 2(c) for the expiration of the Term, notwithstanding the exercise by Landlord of any or all of its rights under Article 12 hereof or otherwise and the Lessee's obligations of Tenant hereunder shall not be affected by reason of: any damage to make or destruction of the Premises or any part thereof, any Taking of the Premises or any part thereof or interest therein by condemnation or otherwise, any prohibition, interruption, limitation, restriction or prevention of Tenant’s or any Subtenant’s use, occupancy or enjoyment of the Premises or any part thereof, or any interference with such use, occupancy or enjoyment by any person or for any reason, any matter affecting title to the Premises, any eviction by paramount title or otherwise, any default by Landlord hereunder, the impossibility, impracticability or illegality of performance by Landlord, Tenant or both, any action of any Governmental Authority, Tenant’s acquisition of ownership of all or part of the Premises (unless this Lease Payments as provided shall be terminated by a writing signed by all Persons, including any Mortgagee, having an interest in Section 7.1 the Premises), any breach of warranty or misrepresentation, or any other cause whether similar or dissimilar to the foregoing and whether or not Tenant shall have notice or knowledge thereof and whether or not such cause shall now be foreseeable. The parties intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements and shall continue unaffected unless such obligations have been modified or terminated pursuant to an express provision of this Lease, to pay Additional Rent AS provided in Section 7.2 of this Lease, and to perform and observe all other covenants and agreements of the Lessee contained herein shall be absolute and unconditional, and the failure by the Lessee to make such Lease Payments and to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoff, counterclaim, abatement, deduction or defense whatsoever. Following Substantial Completion, notwithstanding the Lessor's obligation to complete punch-list items, the Lessee shall assume the sole responsibility for the condition, use, operation, maintenance, repair and management of the Leased Premises, and Lessee will, at its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and nonstructural, and ordinary and extraordinary changes, repairs and replacements which may be required amended from time to be made upon or in connection with the Leased Premises in order to keep the same in good repair and condition, reasonable wear and tear and ordinary use excepted; provided, however, that nothing herein shall be construed to release the Lessor from completion of the punch-list items, and if the Lessor should fail to complete the punch-list items within a reasonable time, the Lessee may institute such legal action against the Lessor as the Lessee may deem necessary to compel the performance of such obligation or to recover damages therefore. Notwithstanding anything in this Lease to the contrary, Lessee shall have no obligations to indemnify Lessor for any claims, loss, liabilities or damages arising from the negligence or willful misconduct of Lessor, its employees or agents.

Absolute Net Lease. All Rent payments shall be absolutely net to the Lessor free of taxes, assessments, utility charges, operating expenses, refurnishings, insurance premiums or any other charge or expense in connection with the Properties. Except as otherwise provided herein, all expenses and charges whether capital or to be expensed, whether for upkeep, maintenance, repair, refurnishing, refurbishing, restoration, replacement, insurance premiums, taxes, utilities, and other operating or other charges of a like nature or otherwise, shall be paid by Lessee. This Lease Section 5.01 is an "absolute net lease," and not in derogation of the Lessee's obligations to make Lease Payments as provided in Section 7.1 specific provisions of this Lease, but in expansion thereof and as an indication of the general intentions of the parties hereto. Any present or future law to pay Additional Rent AS the contrary notwithstanding, this Lease shall not terminate, nor shall Lessee be entitled to any abatement, suspension, deferment, reduction, setoff, counterclaim, or defense with respect to any part of the total Rent, nor shall the obligations of Lessee hereunder be otherwise affected, by reason of: (1) any defect in the condition, merchantability, design, construction, quality or fitness for use of the Properties or any part thereof, or the failure of the Properties to comply with any Applicable Laws, including any inability to occupy or use any such Properties by reason of such non-compliance; (2) any damage to, removal, abandonment, salvage, loss, contamination of or release from, scrapping or destruction of or any requisition or taking of any portion of the Properties or any part thereof; (3) any restriction, prevention or curtailment of or interference with the construction on or any use or any portion of the Properties or any part thereof including eviction; (4) any defect in title to or rights to any portion of the Properties or any lien on such title or rights or on any portion of the Properties; (5) any change, waiver, extension, or indulgence by Lessor or any Mortgagee; (6) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceedings relating to Lessor, Lessee or any other person, or any action taken with respect to this Lease by any trustee or receiver of Lessor, Lessee, or any other person, or by any court, in any such proceeding; (7) any claim that Lessee has or might have against any person, including without limitation any Lessor, any Mortgagee, or any vendors, manufacturer, contractor of or for any portion of the Properties; (8) any failure on the part of any Lessor to perform or comply with any of the terms of this Lease or of any other agreements; (9) any invalidity or unenforceability or illegality or disaffirmance of this Lease or any provision thereof or hereof against or by Lessor or Lessee or of any document of instrument executed in connection with this Lease or by the parties thereto; (10) the impossibility or illegality of performance by any Lessor or Lessee; (11) any action by any court, administrative agency or other governmental authority; (12) any other cause or circumstances whether similar or dissimilar to the foregoing and whether or not Lessor or Lessee shall have notice of or knowledge of any of the foregoing. The obligations of Lessee under this Lease shall continue to be payable in all events unless such obligations shall be terminated pursuant to the express provisions of this Lease. Lessee shall continue to perform its obligations under this Lease even if Lessee claims that Lessee has been damaged by any act or omission of any Lessor. Therefore, except as otherwise provided in Section 7.2 by the express terms of this Lease, and to perform and observe Lessee shall at all other covenants and agreements of the Lessee contained herein shall be absolute and unconditional, and the failure by the Lessee to make such Lease Payments and times remain obligated to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoffany right of set-off, counterclaim, abatement, deduction deduction, reduction or defense whatsoeverof any kind. Following Substantial Completion, notwithstanding the Lessor's obligation to complete punch-list items, the Lessee shall assume the Lessee’s sole responsibility for the condition, use, operation, maintenance, repair and management of the Leased Premises, and Lessee will, at its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and nonstructural, and ordinary and extraordinary changes, repairs and replacements which may be required to be made upon or in connection with the Leased Premises in order to keep the same in good repair and condition, reasonable wear and tear and ordinary use excepted; provided, however, that nothing herein shall be construed to release the Lessor from completion of the punch-list items, and if the Lessor should fail to complete the punch-list items within a reasonable time, the Lessee may institute such legal action against the Lessor as the Lessee may deem necessary to compel the performance of such obligation or right to recover damages therefore. Notwithstanding anything or assert claims against Lessor by reason of a breach or alleged breach of Lessor’s obligations under this Lease shall be to prove such damages or claims in a separate cause of action against Lessor, provided that it is understood that Lessee retains and shall be permitted in such action to assert all claims arising as a result of Lessor’s acts, omissions or defaults, including but not limited to any claim that Lessor materially adversely affected Lessee’s use or occupancy of a Property, so long as Lessee continues to pay Rent and perform its obligations under the Lease as set forth in this Lease to the contrary, Lessee shall have no obligations to indemnify Lessor for any claims, loss, liabilities or damages arising from the negligence or willful misconduct of Lessor, its employees or agentsSection 5.01.

Absolute Net Lease. This All Rent payments shall be absolutely net to Landlord, free of any and all Taxes, Other Charges, and operating or other expenses of any kind whatsoever, all of which shall be paid by Tenant. Tenant shall continue to perform its obligations under this Master Lease is an "even if Tenant claims that it has been damaged by Landlord or has indebtedness owing from Landlord. Thus, Tenant shall at all times remain obligated under this Master Lease without any right of setoff, counterclaim, abatement, deduction, reduction or defense of any kind. Tenant’s sole right to recover damages against Landlord under this Master Lease shall be to prove such damages in a separate action. Landlord and Tenant agree that unless otherwise expressly set forth in this Master Lease, Tenant shall be solely responsible for any and all costs associated with the operation, repair, maintenance and replacements of the Premises, including without limitation, Taxes as set forth below. Except as otherwise provided herein to the contrary, the Rent shall be complete and absolute net lease," rent to Landlord, and during the Lessee's obligations to make Lease Payments as provided in Section 7.1 entire term of this Master Lease, including any Renewal Term, Landlord shall have no cost, obligation, responsibility or liability whatsoever for repairing, maintaining, operating or owning the Premises. The parties acknowledge and agree that Landlord would not enter into this Master Lease if the Rent described in this Master Lease were not completely and absolutely net to Landlord or if Landlord were to incur any liability whatsoever, foreseen or unforeseen, with respect to the Premises or any portion thereof, or Tenant’s exercise of any other of its rights under this Master Lease. Accordingly, except as expressly and specifically provided otherwise herein, Tenant shall pay Additional Rent AS provided all expenses, costs, taxes, fees and charges of any nature whatsoever arising in Section 7.2 connection with or attributable to the Premises, during the term of this Master Lease or in any manner whatsoever arising as a result of Tenant’s exercise of, or Landlord’s grant of, the rights described in this Master Lease, including, without limitation, all fees of Tenant’s consultants (provided Landlord shall pay its own broker fees incurred with any Lease renewals, if any), intangible personal property taxes, ad valorem real estate taxes, franchise taxes and to perform excise taxes, Tenant’s accounting and observe attorney’s fees, costs of any financing obtained by Tenant, costs of any leasehold title insurance policy obtained by Tenant, utility charges and insurance premiums. During the term of this Master Lease, Tenant shall pay all rent and all other covenants and agreements of the Lessee contained herein shall be absolute and unconditional, and the failure by the Lessee to make such Lease Payments and to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default charges due under this Lease. All Master Lease Payments shall be made without notice or demand and without setoffany deductions, counterclaimset-offs, abatementcounterclaims, deduction abatements, suspensions or defense whatsoeverdefenses of any kind. Following Substantial CompletionIt is the intention of the parties that the obligations of Tenant shall be separate and independent covenants, notwithstanding that the Lessor's obligation Rent, and all other charges payable by Tenant shall continue to complete punchbe payable in all events, unless otherwise expressly provided herein, and that the obligations of Tenant shall continue unaffected unless the requirement to pay or perform the same shall have been terminated or modified pursuant to an express provision of this Master Lease, and Tenant shall have no right to terminate this Master Lease as a result of any breach, default or failure by Landlord hereunder, provided that Tenant may, at its election and upon written notice to Landlord terminate this Master Lease with respect to any Facility if Landlord, with respect to such Facility, materially defaults hereunder in a manner that adversely impairs the Tenant’s business operations or renders the Premises untenantable, and if Landlord fails to cure such default within thirty days after Tenant provides written notice thereof to Landlord or such longer period which is reasonably necessary for Landlord to cure such default. Upon such failure, this Master Lease shall be deemed terminated as to such Facility, and Minimum Rent, Additional Rent and Other Charges due hereunder shall be the product of (x) the amount of the then-list itemscurrent Minimum Rent and Additional Rent, and (y) a fraction, the Lessee numerator of which is the amount allocated to such Facility under Exhibit G attached hereto, and the denominator of which is the aggregate amount shown on said Exhibit G for all Facilities. No such adjustment shall assume have the sole responsibility effect of limiting the obligations of Tenant under this Master Lease for Taxes or, utilities, landlord expenses or Other Charges incurred prior to the date of termination. Tenant shall pay and be responsible to Landlord for all costs, expenses, obligations, liabilities and acts necessary to and for the condition, proper use, operation, maintenance, repair care and management occupancy of the Leased Premises. Except as otherwise expressly provided in this Master Lease, and Lessee will, at its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with Tenant waives all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and nonstructural, and ordinary and extraordinary changes, repairs and replacements which may be required to be made upon rights now or in connection with the Leased future conferred by law to quit, terminate or surrender this Master Lease or the Premises in order or to keep the same in good repair and conditionany abatement, reasonable wear and tear and ordinary use excepted; providedsuspension, howeverdeferment, that nothing herein shall be construed to release the Lessor from completion or reduction of the punch-list itemsRent, or any other charges and if the Lessor should fail to complete the punch-list items within a reasonable timeunder this Master Lease. In addition, the Lessee may institute such legal action against the Lessor as the Lessee may deem necessary to compel the performance of such obligation or to recover damages therefore. Notwithstanding anything notwithstanding any provision in this Master Lease to the contrary, Lessee Tenant’s payment obligation to Landlord shall have no obligations to indemnify Lessor for also include all Taxes or any claims, loss, liabilities other charges or damages arising from expenses that accrue after the negligence or willful misconduct of Lessor, its employees or agentsEffective Date.