Common use of Net Lease Agreement Clause in Contracts

Net Lease Agreement. This Lease Agreement is a net lease agreement. Lessee acknowledges and agrees that its obligations hereunder, including, without limitation, its obligations to pay Lease Payments and all Supplemental Payments payable hereunder, shall be unconditional and irrevocable under any and all circumstances, shall not be subject to cancellation, termination, modification or repudiation by Lessee, and shall be paid and performed by Lessee (with respect to payments under Sections 7.1.1, 28.2, 28.4 and 29.2, without notice or demand and with respect to any Floating Lease Payment or payment under Section 29.1 without demand) and without any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim or recoupment whatsoever, including, without limitation, any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim, withholding or recoupment due or alleged to be due to, or by reason of, any past, present or future claims which Lessee may have against Lessor, Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any Assignee, any sublessee or assignee of Lessee, any manufacturer or supplier of any Item of Equipment or any part thereof, or any other Person for any reason whatsoever, or any defect in any Item of Equipment or any part thereof, or the condition, design, operation or fitness for use thereof, any damage to, or any loss or destruction of, any Item of Equipment or any part thereof, or any Liens or rights of others with respect to any Item of Equipment or any part thereof, or any default or failure to pay by any sublessee or assignee of Lessee, or any prohibition or interruption of or other restriction against Lessee's use, operation, possession, maintenance, insurance, improvement or return of any Item of Equipment thereof, for any reason whatsoever, or any interference with such use, operation or possession by any Person, or any default by Lessor in the performance of any of its obligations herein contained, or any other indebtedness or liability, howsoever and whenever arising, of Lessor, Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any Assignee, any sublessee or assignee of Lessee, any other Person, or by reason of insolvency, bankruptcy or similar proceedings by or against Lessor, Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any Assignee, Lessee, any sublessee or assignee of Lessee, or any other Person, or for any other reason whatsoever, whether similar or dissimilar to any of the foregoing, any present or future laws to the contrary notwithstanding; it being the intention of the parties hereto that all Lease Payments and Supplemental Payments payable by Lessee shall continue to be payable in all events and in the manner and at the times herein provided, unless the obligation to pay the same shall be terminated pursuant to the express provisions of this Lease Agreement. Nothing contained in this Section 8 shall (i) affect any claim, action or right that Lessee may have against Lessor or any other Person, including pursuant to Section 2 nor (ii) be considered as (x) a guaranty of the fair market value or useful life of any Item upon the commencement, expiration or termination of the Term with respect to an Item, (y) a prohibition of assertion of any claim against any manufacturer, supplier, dealer, vendor, contractor, subcontractor or installer with respect to any Item or any part thereof or (z) a waiver by Lessee of any of its express rights under any of the Operative Documents or of its right to assert and sue xxxn any claims it may have against any Person in one or more separate actions.

Net Lease Agreement. This Lease Agreement is a net lease agreement. Lessee acknowledges and agrees that its obligations hereunder, including, without limitation, its obligations to pay Lease Payments Payments, Availability Fees and all Supplemental Payments payable hereunder, shall be unconditional and irrevocable under any and all circumstances, shall not be subject to cancellation, termination, modification or repudiation by Lessee, and shall be paid and performed by Lessee (with respect to payments under Sections 7.1.1, 28.2, 28.4 28.4, 28.5 and 29.229 and Availability Fees, without notice or demand and with respect to any Floating Lease Payment or payment under Section 29.1 amounts based on the Equity Rate and the Debt Rate, without demand) and without any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim or recoupment whatsoever, including, without limitation, any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim, withholding or recoupment due or alleged to be due to, or by reason of, any past, present or future claims which Lessee may have against Lessor, Indenture TrusteeCertificate Holders, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative AgentTrust Company, any Assignee, any Lender, sublessee or assignee of Lessee, any manufacturer or supplier of any Item of Equipment or any part thereof, or any other Person for any reason whatsoever, or any defect in any Item of Equipment or any part thereof, or the condition, design, operation or fitness for use thereof, any damage to, or any loss or destruction of, any Item of Equipment or any part thereof, or any Liens or rights of others with respect to any Item of Equipment or any part thereof, or any default or failure to pay by any sublessee or assignee of Lessee, or any prohibition or interruption of or other restriction against Lessee's use, operation, possession, maintenance, insurance, improvement or return of any Item of Equipment thereof, for any reason whatsoever, or any interference with such use, operation or possession by any Person, or any default by Lessor in the performance of any of its obligations herein contained, or any other indebtedness or liability, howsoever and whenever arising, of Lessor, Indenture Trusteeany Certificate Holders, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative AgentTrust Company, any Assignee, any Lender, any sublessee or assignee of Lessee, any other Person, or by reason of insolvency, bankruptcy or similar proceedings by or against Lessor, Indenture TrusteeTrust Company, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative AgentCertificate Holders, any Assignee, any Lender, Lessee, any sublessee or assignee of Lessee, or any other Person, or for any other reason whatsoever, whether similar or dissimilar to any of the foregoing, any present or future laws law to the contrary notwithstanding; it being the intention of the parties hereto that all Lease Payments Payments, Availability Fees and Supplemental Payments payable by Lessee hereunder shall continue to be payable in all events and in the manner and at the times herein provided, unless the obligation to pay the same shall be terminated pursuant to the express provisions of this Lease Agreement; provided, however if Lessee is required to make a payment to Lessor under Section 28 or 29 or an indemnity payment to a Certificate Holder pursuant to Section 10 of the Participation Agreement and Lessee shall have previously incurred expenses in the discharge of any Lessor Lien attributable to such Certificate Holder then Lessee shall be entitled to deduct from the portion required to be paid to such Certificate Holder of amounts due under Section 28 or 29 or payment of indemnity, as the case may be, an amount sufficient to reimburse Lessee the cost of discharging such Lessor Lien. Nothing contained in this Section 8 shall (ia) affect any claim, action or right that Lessee may have against Lessor or any other Person, including pursuant to Section 2 nor (iib) be considered as (xi) a guaranty of the fair market value or useful life of any Item upon the commencement, expiration or termination of the Term with respect to an Item, (yii) a prohibition of assertion of any claim against any manufacturer, supplier, dealer, vendor, contractor, subcontractor or installer with respect to any Item or any part thereof or (ziii) a waiver by Lessee of any of its express rights under any of the Operative Documents or of its right to assert and sue xxxn any claims it may have against any Person in one or more separate actions.

Net Lease Agreement. This Lease Agreement is a net lease agreement. Lessee acknowledges and agrees that its obligations hereunder, including, without limitation, its obligations to pay Lease Payments Payments, Availability Fees and all Supplemental Payments payable hereunder, shall be unconditional and irrevocable under any and all circumstances, shall not be subject to cancellation, termination, modification or repudiation by Lessee, and shall be paid and performed by Lessee (with respect to payments under Sections 7.1.1, 28.2, 28.4 28.4, 28.5 and 29.229 and Availability Fees, without notice or demand and with respect to any Floating Lease Payment or payment under Section 29.1 amounts based on the Applicable Equity Rate and the Applicable Debt Rate, without demand) and without any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim or recoupment whatsoever, including, without limitation, any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim, withholding or recoupment due or alleged to be due to, or by reason of, any past, present or future claims which Lessee may have against Lessor, Indenture TrusteeCertificate Holders, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative AgentTrust Company, any Assignee, any Lender, sublessee or assignee of Lessee, any manufacturer or supplier of any Item of Equipment or any part thereof, or any other Person for any reason whatsoever, or any defect in any Item of Equipment or any part thereof, or the condition, design, operation or fitness for use thereof, any damage to, or any loss or destruction of, any Item of Equipment or any part thereof, or any Liens or rights of others with respect to any Item of Equipment or any part thereof, or any default or failure to pay by any sublessee or assignee of Lessee, or any prohibition or interruption of or other restriction against Lessee's use, operation, possession, maintenance, insurance, improvement or return of any Item of Equipment thereof, for any reason whatsoever, or any interference with such use, operation or possession by any Person, or any default by Lessor in the performance of any of its obligations herein contained, or any other indebtedness or liability, howsoever and whenever arising, of Lessor, Indenture Trusteeany Certificate Holders, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative AgentTrust Company, any Assignee, any Lender, any sublessee or assignee of Lessee, any other Person, or by reason of insolvency, bankruptcy or similar proceedings by or against Lessor, Indenture TrusteeTrust Company, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative AgentCertificate Holders, any Assignee, any Lender, Lessee, any sublessee or assignee of Lessee, or any other Person, or for any other reason whatsoever, whether similar or dissimilar to any of the foregoing, any present or future laws law to the contrary notwithstanding; it being the intention of the parties hereto that all Lease Payments Payments, Availability Fees and Supplemental Payments payable by Lessee hereunder shall continue to be payable in all events and in the manner and at the times herein provided, unless the obligation to pay the same shall be terminated pursuant to the express provisions of this Lease Agreement; provided, however if Lessee is required to make a payment to Lessor under Section 28 or 29 or an indemnity payment to a Certificate Holder pursuant to Section 10 of the Participation Agreement and Lessee shall have previously incurred expenses in the discharge of any Lessor Lien attributable to such Certificate Holder or shall have made a payment pursuant to Section 6.3 of the Participation Agreement by reason of any action or omission by such Certificate Holder (or by the Trust Company or Lessor at the direction of such Certificate Holder) in violation of any Operative Document then Lessee shall be entitled to deduct from the portion required to be paid to such Certificate Holder of amounts due under Section 28 or 29 or payment of indemnity, as the case may be, an amount sufficient to reimburse Lessee the cost of discharging such Lessor Lien or the amount of such payment made under Section 6.3 of the Participation Agreement. Nothing contained in this Section 8 shall (ia) affect any claim, action or right that Lessee may have against Lessor or any other Person, including pursuant to Section 2 nor (iib) be considered as (xi) a guaranty of the fair market value or useful life of any Item upon the commencement, expiration or termination of the Term with respect to an Item, (yii) a prohibition of assertion of any claim against any manufacturer, supplier, dealer, vendor, contractor, subcontractor or installer with respect to any Item or any part thereof or (ziii) a waiver by Lessee of any of its express rights under any of the Operative Documents or of its right to assert and sue xxxn any claims it may have against any Person in one or more separate actions.

Net Lease Agreement. This Head Lease Agreement is a net lease agreement. Head Lessee acknowledges and agrees that its obligations hereunder, including, without limitation, its obligations to pay Monthly Lease Payments and all Supplemental Payments Rent payable hereunder, shall be absolute and unconditional and irrevocable under any and all circumstances, shall not be subject to cancellation, termination, modification or repudiation by Head Lessee, and shall be paid and performed by Head Lessee (with respect to payments under Sections 7.1.1, 28.2, 28.4 and 29.2, without notice or demand and with respect to any Floating (except whenever this Head Lease Payment expressly provides for notice or payment under Section 29.1 without demanddemand or both) and without any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim or recoupment whatsoever, including, without limitation, any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim, withholding or recoupment due or alleged to be due to, or by reason of, any past, present or future claims which Head Lessee may have against Head Lessor, the Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any AssigneeEntitled Party, any sublessee or assignee of Head Lessee, any manufacturer or supplier of any Item of Equipment Compressor or any part thereof, or any other Person for any reason whatsoever, or any defect in any Item of Equipment Compressor or any part thereof, or the condition, design, operation or fitness for use thereof, any damage to, or any loss or destruction of, any Item of Equipment Compressor or any part thereof, or any Liens or rights of others with respect to any Item of Equipment Compressor or any part thereof, or any default or failure to pay by any sublessee or assignee of Head Lessee, or any prohibition or interruption of or other restriction against Head Lessee's use, operation, possession, maintenance, insurance, improvement or return of any Item of Equipment Compressor thereof, for any reason whatsoever, or any interference with such use, operation or possession by any Person, or any default by Head Lessor in the performance of any of its obligations herein contained, or any other indebtedness or liability, howsoever and whenever arising, of Head Lessor, the Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any AssigneeEntitled Party, any sublessee or assignee of Head Lessee, any other Person, or by reason of insolvency, bankruptcy or similar proceedings by or against Head Lessor, the Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any Assignee, LesseeEntitled Party, any sublessee or assignee of Head Lessee, or any other Person, or for any other reason whatsoever, whether similar or dissimilar to any of the foregoing, any present or future laws law to the contrary notwithstanding; it being the intention of the parties hereto that all Monthly Lease Payments Payments, and Supplemental Payments Rent payable by Head Lessee hereunder shall continue to be payable in all events and in the manner and at the times herein provided, unless the obligation to pay the same shall be terminated pursuant to the express provisions of this Lease AgreementHead Lease. Nothing contained in this Section 8 shall (i) affect any claim, action or right that Lessee may have against Lessor or any other Person, including pursuant to Section 2 nor (ii) be considered as (x) a guaranty of the fair market value or useful life of any Item upon the commencement, expiration or termination of the Term with respect to an Item, (y) a prohibition of assertion of any claim against any manufacturer, supplier, dealer, vendor, contractor, subcontractor or installer with respect to any Item or any part thereof or (z) a waiver by Lessee of any of its express rights under any of the Operative Documents or of its right to assert and sue xxxn any claims it may have against any Person in one or more separate actions.contained

Net Lease Agreement. This Head Lease Agreement is a net lease agreement. Head Lessee acknowledges and agrees that its obligations hereunder, including, without limitation, its obligations to pay Monthly Lease Payments, Scheduled Deposits, Additional Payments and all Supplemental Payments Rent payable hereunder, shall be absolute and unconditional and irrevocable under any and all circumstances, shall not be subject to cancellation, termination, modification or repudiation by Head Lessee, and shall be paid and performed by Head Lessee (with respect to payments under Sections 7.1.1, 28.2, 28.4 and 29.2, without notice or demand and with respect to any Floating (except whenever this Head Lease Payment expressly provides for notice or payment under Section 29.1 without demanddemand or both) and without any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim or recoupment whatsoever, including, without limitation, any abatement, reduction, diminution, setoff, defense (other than prior payment), counterclaim, withholding or recoupment due or alleged to be due to, or by reason of, any past, present or future claims which Head Lessee may have against Lessor, Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any AssigneeIndemnitee, any sublessee or assignee of Head Lessee, any manufacturer or supplier of any Item of Equipment Compressor or any part thereof, or any other Person for any reason whatsoever, or any defect in any Item of Equipment Compressor or any part thereof, or the condition, design, operation or fitness for use thereof, any damage to, or any loss or destruction of, any Item of Equipment Compressor or any part thereof, or any Liens or rights of others with respect to any Item of Equipment Compressor or any part thereof, or any default or failure to pay by any sublessee or assignee of Head Lessee, or any prohibition or interruption of or other restriction against Head Lessee's or any User's, sublessee's or assignee's use, operation, possession, maintenance, insurance, improvement or return of any Item of Equipment Compressor thereof, for any reason whatsoever, or any interference with such use, operation or possession by any Person, or any default by Head Lessor in the performance of any of its obligations herein contained, or any other indebtedness or liability, howsoever and whenever arising, of Head Lessor, Indenture Trustee, or any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any Assigneeother Indemnitee, any sublessee or assignee of Head Lessee, any other Person, or by reason of insolvency, bankruptcy or similar proceedings by or against Head Lessor, Indenture Trustee, or any Tranche A Noteholder, any Tranche B Lender, any Limited Partner, Lessor General Partner, Collateral Agent, Administrative Agent, any Assignee, Lesseeother Indemnitee, any sublessee or assignee of Head Lessee, or any other Person, or for any other reason whatsoever, whether similar or dissimilar to any of the foregoing, any present or future laws law to the contrary notwithstanding; it being the intention of the parties hereto that all Monthly Lease Payments, Scheduled Deposits, Additional Payments and Supplemental Payments Rent payable by Head Lessee hereunder shall continue to be payable in all events and in the manner and at the times herein provided, unless the obligation to pay the same shall be terminated pursuant to the express provisions of this Lease AgreementHead Lease. Nothing contained in this Section 8 shall 6 shall: (ia) affect any claim, action or right that Head Lessee may have against Head Lessor or any other Person, including pursuant to Section 2 nor Person or (iib) be considered as (xi) a guaranty of the fair market value or useful life of any Item upon the commencement, expiration or termination of the Term with respect to an ItemCompressor, (yii) a prohibition of assertion of any claim against any manufacturer, supplier, dealer, vendor, contractor, subcontractor or installer with respect to any Item Compressor or any part thereof or (ziii) a waiver by Head Lessee or any other Person of any of its or their express rights under any of the Operative Related Documents or of its or their right to assert and sue xxxn xxx upon any claims it may have against any Person in one or more separate actions.