Common use of Full Payment and Performance Clause in Contracts

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 Property (including any Improvements to the Facility 1 Property made prior to the Commencement Date or during the Term of the Facility 1 Lease Agreement); (ii) title to the Facility 1 Property (including possession of the Facility 1 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 Property; (v) any latent, hidden or patent defect in the Facility 1 Property; (vi) the zoning or status of the Facility 1 Property or any other restrictions on the use of the Facility 1 Property; (g) the economics of the Facility 1 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 Property (including any Improvements to the Facility 1 Property made prior to the Commencement Date or during the Term of the Facility 1 Lease AgreementTerm); (ii) title to the Facility 1 Property (including possession of the Facility 1 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 Property; (v) any latent, hidden or patent defect in the Facility 1 Property; (vi) the zoning or status of the Facility 1 Property or any other restrictions on the use of the Facility 1 Property; (g) the economics of the Facility 1 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 6.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 2 Property (including any Improvements to the Facility 1 2 Property made prior to the Commencement Date or during the Term of the Facility 1 Lease AgreementTerm); (ii) title to the Facility 1 2 Property (including possession of the Facility 1 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 2 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 2 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 2 Property; (v) any latent, hidden or patent defect in the Facility 1 2 Property; (vi) the zoning or status of the Facility 1 2 Property or any other restrictions on the use of the Facility 1 2 Property; (g) the economics of the Facility 1 2 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 2 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 7.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 Property (including any Improvements to the Facility 1 Property made prior to the Commencement Date or during the Term of the Facility 1 Lease AgreementTerm); (ii) title to the Facility 1 Property (including possession of the Facility 1 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 Property; (v) any latent, hidden or patent defect in the Facility 1 Property; (vi) the zoning or status of the Facility 1 Property or any other restrictions on the use of the Facility 1 Property; (g) the economics of the Facility 1 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 6.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 3 Property (including any Improvements to the Facility 1 3 Property made prior to the Commencement Date or during the Term of the Facility 1 Lease AgreementTerm); (ii) title to the Facility 1 3 Property (including possession of the Facility 1 3 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 3 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 3 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 3 Property; (v) any latent, hidden or patent defect in the Facility 1 3 Property; (vi) the zoning or status of the Facility 1 3 Property or any other restrictions on the use of the Facility 1 3 Property; (g) the economics of the Facility 1 3 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 3 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 6.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 2 Property (including any Improvements to the Facility 1 2 Property made prior to the Commencement Date or during the Term of the Facility 1 2 Lease Agreement); (ii) title to the Facility 1 2 Property (including possession of the Facility 1 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 2 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 2 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 2 Property; (v) any latent, hidden or patent defect in the Facility 1 2 Property; (vi) the zoning or status of the Facility 1 2 Property or any other restrictions on the use of the Facility 1 2 Property; (g) the economics of the Facility 1 2 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 2 Property with any applicable Governmental Rule or 18 299 Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 3 Property (including any Improvements to the Facility 1 3 Property made prior to the Commencement Date or during the Term of the Facility 1 3 Lease Agreement); (ii) title to the Facility 1 3 Property (including possession of the Facility 1 3 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 3 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 3 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 3 Property; (v) any latent, hidden or patent defect in the Facility 1 3 Property; (vi) the zoning or status of the Facility 1 3 Property or any other restrictions on the use of the Facility 1 3 Property; (g) the economics of the Facility 1 3 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 3 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 2 Property (including any Improvements to the Facility 1 2 Property made prior to the Commencement Date or during the Term of the Facility 1 2 Lease Agreement); (ii) title to the Facility 1 2 Property (including possession of the Facility 1 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 2 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 2 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 2 Property; (v) any latent, hidden or patent defect in the Facility 1 2 Property; (vi) the zoning or status of the Facility 1 2 Property or any other restrictions on the use of the Facility 1 2 Property; (g) the economics of the Facility 1 2 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 2 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 2 Property (including any Improvements to the Facility 1 2 Property made prior to the Commencement Date or during the Term of the Facility 1 Lease AgreementTerm); (ii) title to the Facility 1 2 Property (including possession of the Facility 1 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 2 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 2 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 2 Property; (v) any latent, hidden or patent defect in the Facility 1 2 Property; (vi) the zoning or status of the Facility 1 2 Property or any other restrictions on the use of the Facility 1 2 Property; (g) the economics of the Facility 1 2 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 2 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 6.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]

Full Payment and Performance. Lessee shall make all payments under this Agreement and the other Operative Documents in the full amounts and at the times required by the terms of this Agreement and the other Operative Documents without setoff, deduction or reduction of any kind and shall perform all other Lessee Obligations as and when required, without regard to any event or circumstances whatsoever, including (i) the condition of the Facility 1 2 Property (including any Improvements to the Facility 1 2 Property made prior to the Commencement Date or during the Term of the Facility 1 Lease AgreementTerm); (ii) title to the Facility 1 2 Property (including possession of the Facility 1 2 Property by any Person or the existence of any Lien or any other right, title or interest in or to any of the Facility 1 2 Property in favor of any Person); (iii) the value, habitability, usability, design, operation or fitness for use of the Facility 1 2 Property; (iv) the availability or adequacy of utilities and other services to the Facility 1 2 Property; (v) any latent, hidden or patent defect in the Facility 1 2 Property; (vi) the zoning or status of the Facility 1 2 Property or any other restrictions on the use of the Facility 1 2 Property; (g) the economics of the Facility 1 2 Property; (vii) any Casualty or Condemnation; (viii) the compliance of the Facility 1 2 Property with any applicable Governmental Rule or Insurance Requirement; (ix) any failure by any Lessor Party to perform any of its obligations under this Agreement or any other Operative Document; or (x) the exercise by any Lessor Party of any of its remedies under this Agreement or any other Operative Document; provided, however, that this Paragraph 5.08 6.08 shall not abrogate any right which Lessee may have to recover damages from any Lessor Party for any material breach by such Lessor Party of its obligations under this Agreement or any other Operative Document to the extent permitted hereunder or thereunder. [The signature page follows.]