Common use of Conflict; Unified Commercial Operating Lease Clause in Contracts

Conflict; Unified Commercial Operating Lease. In the event of a conflict between ML5 and this Amendment, this Amendment shall control in all events. Except as set forth in this Amendment, ML5 shall remain in full force and effect. It is acknowledged and agreed that, except as otherwise expressly provided herein or in ML5, the inclusion of each of the Leased Properties on a continuing basis in ML5 is an essential element of the leasing transaction described in ML5 for Lessor, and that, except as otherwise expressly provided herein or in ML5, Lessor shall not be obligated and may not be required to lease to Tenant less than all of the Leased Properties demised pursuant to ML5. It is further acknowledged and agreed that ML5 is not a residential lease within the meaning of the U.S. Bankruptcy Code, as amended, and that ML5 is an operating lease, and not a capital lease, for all accounting, tax and legal purposes.

Conflict; Unified Commercial Operating Lease. In the event of a conflict between ML5 ML1 and this Amendment, this Amendment shall control in all events. Except as set forth in this Amendment, ML5 ML1 shall remain in full force and effect. It is acknowledged and agreed that, except as otherwise expressly provided herein or in ML5ML1, the inclusion of each of the Leased Properties on a continuing basis in ML5 ML1 is an essential element of the leasing transaction described in ML5 ML1 for Lessor, and that, except as otherwise expressly provided herein or in ML5ML1, Lessor shall not be obligated and may not be required to lease to Tenant less than all of the Leased Properties demised pursuant to ML5ML1. It is further acknowledged and agreed that ML5 ML1 is not a residential lease within the meaning of the U.S. Bankruptcy Code, as amended, and that ML5 ML1 is an operating lease, and not a capital lease, for all accounting, tax and legal purposes.

Conflict; Unified Commercial Operating Lease. In the event of a conflict between ML5 ML2 and this Amendment, this Amendment shall control in all events. Except as set forth in this Amendment, ML5 ML2 shall remain in full force and effect. It is acknowledged and agreed that, except as otherwise expressly provided herein or in ML5ML2, the inclusion of each of the Leased Properties on a continuing basis in ML5 ML2 is an essential element of the leasing transaction described in ML5 ML2 for Lessor, and that, except as otherwise expressly provided herein or in ML5ML2, Lessor shall not be obligated and may not be required to lease to Tenant less than all of the Leased Properties demised pursuant to ML5ML2. It is further acknowledged and agreed that ML5 ML2 is not a residential lease within the meaning of the U.S. Bankruptcy Code, as amended, and that ML5 ML2 is an operating lease, and not a capital lease, for all accounting, tax and legal purposes.

Conflict; Unified Commercial Operating Lease. In the event of a conflict between ML5 ML4 and this Amendment, this Amendment shall control in all events. Except as set forth in this Amendment, ML5 ML4 shall remain in full force and effect. It is acknowledged and agreed that, except as otherwise expressly provided herein or in ML5ML4, the inclusion of each of the Leased Properties on a continuing basis in ML5 ML4 is an essential element of the leasing transaction described in ML5 ML4 for Lessor, and that, except as otherwise expressly provided herein or in ML5ML4, Lessor shall not be obligated and may not be required to lease to Tenant less than all of the Leased Properties demised pursuant to ML5ML4. It is further acknowledged and agreed that ML5 ML4 is not a residential lease within the meaning of the U.S. Bankruptcy Code, as amended, and that ML5 ML4 is an operating lease, and not a capital lease, for all accounting, tax and legal purposes.