Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Clause 4.8(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation: (i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof; (ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof; (iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof; (iv) any defect in or any Security on title to the Lease Vehicles or any part thereof; (v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor; (vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court; (vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor; (viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement; (ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise; (x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or (xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 2 contracts
Samples: Spanish Master Lease and Servicing Agreement (Hertz Corp), Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Series 2010-3 Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)Section 26) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 2 contracts
Samples: Master Motor Vehicle Lease and Servicing Agreement (Hertz Global Holdings Inc), Master Motor Vehicle Lease and Servicing Agreement (Hertz Global Holdings Inc)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Series 2013-G1 Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 2 contracts
Samples: Master Motor Vehicle Operating Lease and Servicing Agreement (Hertz Global Holdings Inc), Master Motor Vehicle Operating Lease and Servicing Agreement (Hertz Global Holdings Inc)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Clause 4.8(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish French Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise available to quit, terminate or surrender this Agreement, or it under French law to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. In particular, as an exception to the provisions of articles 1721, 1722, and 1724 of the French Code civil (and notwithstanding the fact that the relevant suspension of use may continue for a period of more than twenty-one (21) days), no Lessee shall be entitled to claim any diminution or reduction of Rent. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.. WEIL:\96789894\1\52396.0010
Appears in 1 contract
Samples: French Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Series 2010-3 Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: Master Motor Vehicle Lease and Servicing Agreement (Hertz Global Holdings Inc)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)Section 25) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: Master Motor Vehicle Operating Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Clause 4.8(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, A373018838 WEIL: discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.. A373018839 WEIL:
Appears in 1 contract
Samples: Spanish Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Clause 4.8(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; oror A373018838 WEIL:\96789897\1\52396.0010
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: Spanish Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff set-off (except as required under SubClause 4.8.6 Tax gross-Clause 4.8(f) up below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including including, without limitation:
(i) 2.7.1 any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) 2.7.2 any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) 2.7.3 any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) 2.7.4 any defect in or any Security on title to the Lease Vehicles or any part thereof;; A37279892 9 WEIL:\96789896\1\52396.0010
(v) 2.7.5 any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) 2.7.6 any bankruptcy, insolvency, reorganizationreorganisation, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) 2.7.7 any claim that such Lessee has or might have against any PersonPerson including, including without limitation limitation, the Lessor;
(viii) 2.7.8 any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) 2.7.9 any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Dutch Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) 2.7.10 any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) 2.7.11 any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise available to quit, terminate or surrender this Agreement, or it under Dutch law to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
3 Term
Appears in 1 contract
Samples: Dutch Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Sub- WEIL: Clause 4.8(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish French Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise available to quit, terminate or surrender this Agreement, or it under French law to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. In particular, as an exception to the provisions of articles 1721, 1722, and 1724 of the French Code civil (and notwithstanding the fact that the relevant suspension of use may continue for a period of more than twenty-one (21) days), no Lessee shall be entitled to claim any diminution or reduction of Rent. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.. WEIL:
Appears in 1 contract
Samples: French Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Clause 4.8(f4.9(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish French Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise available to quit, terminate or surrender this Agreement, or it under French law to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. In particular, as an exception to the provisions of articles 1721, 1722, and 1724 of the French Code civil (and notwithstanding the fact that the relevant suspension of use may continue for a period of more than twenty-one (21) days), no Lessee shall be entitled to claim any diminution or reduction of Rent. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: French Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Clause 4.8(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish French Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise available to quit, terminate or surrender this Agreement, or it under French law to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. In particular, as an exception to the provisions of articles 1721, 1722, and 1724 of the French Code civil (and notwithstanding the fact that the relevant suspension of use may continue WEIL:\96789894\1\52396.0010 for a period of more than twenty-one (21) days), no Lessee shall be entitled to claim any diminution or reduction of Rent. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: French Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff set-off (except as required under SubClause 4.8.6 Tax gross-Clause 4.8(f) up below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including including, without limitation:
(i) 2.7.1 any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) 2.7.2 any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) 2.7.3 any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) 2.7.4 any defect in or any Security on title to the Lease Vehicles or any part thereof;; 9A37279892 WEIL:\96789896\1\52396.0010
(v) 2.7.5 any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) 2.7.6 any bankruptcy, insolvency, reorganizationreorganisation, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) 2.7.7 any claim that such Lessee has or might have against any PersonPerson including, including without limitation limitation, the Lessor;
(viii) 2.7.8 any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) 2.7.9 any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Dutch Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) 2.7.10 any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) 2.7.11 any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise available to quit, terminate or surrender this Agreement, or it under Dutch law to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
3 Term
Appears in 1 contract
Samples: Dutch Master Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Series 2013-G1 Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)Section 26) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: Master Motor Vehicle Operating Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 Section 25 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: Master Motor Vehicle Operating Lease and Servicing Agreement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;; WEIL:\95390749\1\99910.6247
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Series 2010-3 Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)Section 26) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: Second Amended and Restated Series 2013 B Supplement (Hertz Corp)
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditional, and shall not be subject to any abatement, setoff (except as required under Sub-Clause 4.8(f) below), counterclaim, deduction or reduction for any reason whatsoever. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish French Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; or
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)) and, except as expressly provided by this Agreement, each Each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise available to quit, terminate or surrender this Agreement, or it under French law to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. In particular, as an exception to the provisions of articles 1721, 1722, and 1724 of the French Code civil (and notwithstanding the fact that the relevant suspension of use may continue for a period of more than twenty-one (21) days), no Lessee shall be entitled to claim any diminution or reduction of Rent. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Hell-or-High-Water Lease. Each Lessee’s obligation to pay all rent and other sums hereunder shall be absolute and unconditionalTHIS AGREEMENT SHALL BE A NET LEASE, and shall not be subject to any abatementAND EACH LESSEE’S OBLIGATION TO PAY ALL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, setoff (except as required under Sub-Clause 4.8(f) below)AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, counterclaimSETOFF, deduction or reduction for any reason whatsoeverCOUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation:
(i) any defect in the condition, merchantability, quality or fitness for use of the Lease Vehicles or any part thereof;
(ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Lease Vehicles or any part thereof;
(iii) any restriction, prevention or curtailment of or interference with any use of the Lease Vehicles or any part thereof;
(iv) any defect in or any Security Lien on title to the Lease Vehicles or any part thereof;
(v) any change, waiver, extension, indulgence or other action or omission in respect of any obligation or liability of such Lessee or the Lessor;
(vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement by any trustee or receiver of any Person mentioned above, or by any court;
(vii) any claim that such Lessee has or might have against any Person, including without limitation the Lessor;
(viii) any failure on the part of the Lessor or such Lessee to perform or comply with any of the terms hereof or of any other agreement;
(ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision hereof or any of the other Spanish Series 2010-3 Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Lease Vehicles; oror WEIL:\95390749\1\99910.6247
(xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not such Lessee shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall not be cancellable by any Lessee (subject to Clause 26 (Lessee Termination and Resignation)Section 26) and, except as expressly provided by this Agreement, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Rent or other amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, no Lessee shall seek to recover any such payment or any part thereof for any reason whatsoever, absent manifest error. All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
Appears in 1 contract
Samples: Master Motor Vehicle Lease and Servicing Agreement (Hertz Corp)