LESSEE WAIVER. LESSEE hereby waives as between itself and LESSOR and agrees not to seek to establish or enforce any rights and remedies, express or implied (whether statutory or otherwise) against LESSOR or the Aircraft relating to any of the matters mentioned in Articles 8.1 or 8.2.
LESSEE WAIVER. Lessee hereby expressly waives, for itself and all Persons claiming by, through and under Lessee, including creditors of all kinds, (a) any right and privilege which Lessee has under any present or future Legal Requirements to redeem the Properties or to have a continuance of this Lease for the Lease Term after termination of Lessee’s right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease; (b) the benefits of any present or future Legal Requirement that exempts property from liability for debt or for distress for rent; (c) any present or future Legal Requirement relating to notice or delay in levy of execution in case of eviction of a tenant for nonpayment of rent; and (d) any benefits and lien rights which may arise pursuant to any present or future Legal Requirement.
LESSEE WAIVER. LESSEE HEREBY WAIVES AS BETWEEN ITSELF AND LESSOR AND AGREES NOT TO SEEK TO ESTABLISH OR ENFORCE ANY RIGHTS OR REMEDIES, EXPRESS OR IMPLIED (WHETHER STATUTORY, IN CONTRACT OR TORT OR UNDER ANY STRICT LIABILITY OR OTHER THEORY) AGAINST LESSOR OR THE AIRCRAFT RELATING TO ANY OF THE MATTERS MENTIONED IN ARTICLES 8.1 OR 8.2, REGARDLESS OF THE NEGLIGENCE, ACTIVE OR PASSIVE OR ANY OTHER TYPE, OF LESSOR.
LESSEE WAIVER. Lessee hereby waives as between itself and Lessor and agrees not to seek to establish or enforce any rights and remedies, express or implied (whether statutory or otherwise) against Lessor, Owner Trustee, Lender or the Aircraft relating to any of the matters mentioned in Clause 18.1 through 18.6 and the leasing thereof by Lessor to Lessee.
LESSEE WAIVER. LESSEE HEREBY WAIVES AS BETWEEN ITSELF AND LESSOR AND AGREES NOT TO SEEK TO ESTABLISH OR ENFORCE ANY RIGHTS OR REMEDIES, EXPRESS OR IMPLIED (WHETHER STATUTORY, IN CONTRACT OR TORT OR UNDER ANY STRICT LIABILITY OR OTHER THEORY) AGAINST LESSOR OR THE AIRCRAFT RELATING TO ANY OF THE MATTERS MENTIONED IN ARTICLES 8.1 OR 8.2 OR THE CONDITION OF THE AIRCRAFT, REGARDLESS OF THE NEGLIGENCE, ACTIVE OR PASSIVE OR ANY OTHER TYPE, OF LESSOR.
LESSEE WAIVER. Lessee hereby expressly waives, for itself and all Persons claiming by, through and under Lessee, including creditors of all kinds, (a) any right and privilege which Lessee has under any present or future Legal Requirements to redeem the Properties or to have a continuance of this Lease for the Lease Term after termination of Lessee’s right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease; (b) the benefits of any present or future Legal Requirement that exempts property from liability for debt or for distress for rent; (c) any present or future Legal Requirement relating to notice or delay in levy of execution in case of eviction of a tenant for nonpayment of rent; and (d) any benefits and lien rights which may arise pursuant to any present or future Legal Requirement. 4817-7336-4078.5 STORE/Fat Patty's Master Lease Agreement 4 Properties in KY and WV File No. 7210/02-629.1
LESSEE WAIVER. Lessee hereby releases Lessor and Prime Lessor and their respective employees, agents, customers, invitees and licensees from any and all liability for any loss of or damage to property occurring in, on, about or to the Premise, by reason of fire or other peril which is insurable under a “special form” coverage insurance policy, regardless of cause, including the negligence of Lessor and Prime Lessor, and their respective employees, agents, customers, invitees and licensees. Lessee shall cause its property insurance carrier to include a clause in its insurance coverage whereby the insurer waives its right of subrogation against Lessor and Prime Lessor.
LESSEE WAIVER. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to the Property or injury to persons or property of another, and for all other risks and liabilities arising from the use, operation, condition, possession, or storage of the Property and Lessee hereby waives all claims in respect thereof against Lessor, except in connection with damage or injury caused solely by the gross negligence or willful misconduct of Lessor or its authorized agents; provided, however, that in no event shall Lessor be liable for any loss of profits or any special, indirect, incidental, consequential or punitive damages, however caused and on any theory of liability. This waiver shall survive the expiration or earlier termination of this Agreement.
LESSEE WAIVER. The Lessee hereby waives and releases any claim now or hereafter existing against the Lessor and its successors or assigns, agents and servants on account of any and all claims, demands, suits, judgments or causes of action for or on account of or arising or in any way connected with injury to or death of personnel of the Lessee or loss or damage to property of the Lessee or the loss of use of any property which may result from or grow or arise in any manner out of the condition, use or operation of the Aircraft or any Item, either in the air or on the ground during the Term hereof, or which may be caused during the Term hereof by any defect (whether latent or patent) in the Aircraft or any Item from the material or any article used therein or from the design, testing or use thereof or from any maintenance, service, repair, overhaul or testing of the Aircraft or any Item regardless of when such defect shall be discovered, whether or not such Aircraft or any Item is at the time in the possession of the Lessee and whether it is in the United States of America or any other country (except claims resulting from the gross negligence or willful misconduct of Lessor or its successor or assigns).
LESSEE WAIVER. Lessee hereby expressly waives, for itself and all Persons claiming by, through and under Lessee, including creditors of all kinds, (a) any right and privilege which Lessee has under any present or future Legal Requirements to redeem the Properties or to have a continuance of this Lease for the Lease Term after termination of Lessee’s right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease; and (b) any present or future Legal Requirement relating to notice or delay in levy of execution in case of eviction of a tenant for nonpayment of rent.
