Nature of Obligations of the BOCES Sample Clauses

Nature of Obligations of the BOCES. Except as hereinafter provided in this Section, the obligation of the BOCES to pay Rentals and to pay all other amounts provided for herein and to perform its obligations hereunder shall be absolute and unconditional, and such Rentals and other amounts shall be payable without any rights of set-off, recoupment or counterclaim it might have against the Authority, the Trustee or any other person and whether or not any or all of the Project is used or occupied or available or suitable for use or occupancy and whether or not the BOCES Lease is in effect. If the BOCES shall have paid all amounts required hereby and continues to pay the same when due, it shall not be precluded from bringing any action it may otherwise have against the Authority; provided, however, that the BOCES shall not as a result of the BOCES's failure to pay any Administrative Expenses or Annual Administrative Fee be precluded from bringing any such action if the amount thereof is disputed or is being contested by the BOCES in good faith. The BOCES will not terminate this Agreement (other than such termination as is provided for hereunder) or be excused from performing its obligations hereunder for any cause including, without limiting the generality of the foregoing, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration, failure of title, or frustration of purpose, or any damage to or destruction of any Leased Property, or the taking by eminent domain of title to or the right of temporary use of all or any part of any Leased Property, or the failure of the Authority to perform and observe any agreement or covenant, whether expressed or implied, or any duty, liability or obligation arising out of or in connection with this Agreement. This lease is a general obligation of the BOCES and any successor thereto. Any payment required to be made by the BOCES to the Authority pursuant hereto shall be deemed an administrative expense within the meaning of section nineteen hundred fifty of the Education Law of the State.
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Related to Nature of Obligations of the BOCES

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