Common use of NET LEASE; NO COUNTERCLAIM OR ABATEMENT Clause in Contracts

NET LEASE; NO COUNTERCLAIM OR ABATEMENT. All Rent shall be paid absolutely net to County so that this Lease shall yield to County the full amount of the installments of all Rent throughout the Term, and (unless otherwise expressly provided herein) shall be paid without assertion of any counterclaim, setoff, deduction or defense and, except as otherwise expressly provided herein, without abatement, suspension, deferment, diminution or reduction. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall County be expected or required to make any payment of any kind whatsoever, including without limitation, any regular or special assessments levied against the Property, or be under any obligation or liability hereunder, except as herein expressly set forth. County shall have no responsibility for any costs of repair, maintenance or replacement whatsoever. Except as otherwise expressly provided herein, this Lease shall continue in full force and effect, and the obligations of Lessee hereunder shall not be released, discharged or otherwise affected, by reason of: (a) any damage to or destruction of the Premises or Improvements or any part thereof or any Condemnation of the Premises or the Improvements or any part thereof; (b) any restriction or prevention of or interference with any use of the Premises or the Improvements or any part thereof which materially interferes with Xxxxxx’s possession or use of the Premises (other than a breach of County covenant of quiet enjoyment); (c) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other proceeding relating to County, or any action taken with respect to this Lease by any trustee or receiver of County with respect to this Lease by any trustee or receiver of County, or by any court, in any proceeding; (d) any claim which Lessee has or might have against County; or (e) any failure on the part of County to perform or comply with any of the terms hereof or of any other agreement with Lessee. Except as expressly provided in this Lease, the obligations of Lessee shall be separate and independent covenants and agreements.

Appears in 1 contract

Samples: Ground Lease Agreement

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NET LEASE; NO COUNTERCLAIM OR ABATEMENT. 8.1 All Rent amounts and charges due to Landlord under this Lease shall be paid absolutely net to County so that this Lease shall yield to County the full amount of the installments of all Rent throughout the Term, Landlord and (unless otherwise expressly provided herein) shall be paid without assertion of any counterclaim, setoffoffset, deduction or defense and, except as otherwise expressly provided herein, and without abatement, suspension, deferment, diminution deferment or reduction. Under no circumstances or conditions, whether now existing or hereafter arising, and whether or whether not beyond the present contemplation of the partiesParties, shall County Landlord be expected or required to make any payment of any kind whatsoever, including without limitation, any regular or special assessments levied against whatsoever with respect to the Property, Premises or be under any obligation or liability hereunder, except as herein expressly set forth. County shall have no responsibility for any costs of repair, maintenance or replacement whatsoever. forth in this Lease. 8.2 Except as otherwise expressly provided hereinin this Lease, this Lease shall continue in full force and effect, and the obligations of Lessee hereunder Tenant under this Lease shall not be released, discharged or otherwise affected, by reason of: (a) any damage to or destruction of the Premises or Improvements or any part thereof or any Condemnation of the Premises or the Improvements or any part thereofimprovements thereon; (b) any restriction or prevention of or interference with any use of the Premises or the Improvements improvements or any part thereof which materially interferes with Xxxxxx’s possession or use of the Premises (other than a breach of County covenant of quiet enjoyment)thereof; (c) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other proceeding relating to CountyLandlord, Tenant or any constituent partner of Tenant or any Occupant or assignee or any action taken with respect to this Lease by any a trustee or receiver of County with respect to this Lease by any trustee or receiver of Countyreceiver, or by any court, in any proceeding; (d) any claim which Lessee that Tenant or any other person has or might have against CountyLandlord; or (e) any failure on the part of County Landlord to perform or comply with any of the terms, agreements, covenants, conditions and provisions in this Lease or of any other agreement with Tenant or any other person; (f) any failure on the part of any Occupant, Transferee, or other person to perform or comply with any of the terms hereof or of any Sublease or other agreement with Lesseebetween Tenant and any such person; or (g) any termination of any Sublease, other occupancy agreement or other agreement, whether voluntary or by operation of law. Except as expressly provided in Notwithstanding the foregoing, Tenant, by agreeing to the foregoing provision of this LeaseSection 8.2, the does not waive its rights under Applicable Laws and Requirements to a claim for constructive eviction. 8.3 The obligations of Lessee Tenant under this Lease shall be separate and independent covenants and agreementsagreements except as otherwise expressly stated in this Lease. Tenant hereby waives, to the full extent permitted by Applicable Laws and Requirements, all rights now or hereafter conferred by such Applicable Laws and Requirements, to quit, terminate or surrender this Lease or the Premises or any part thereof, or to any abatement, suspension, deferment, diminution in or reduction of any monetary payments payable to Landlord under this Lease.

Appears in 1 contract

Samples: Lease Agreement

NET LEASE; NO COUNTERCLAIM OR ABATEMENT. 8.1. All Rent amounts and charges due to Lessor under this Lease shall be paid absolutely net to County so that this Lease shall yield to County the full amount of the installments of all Rent throughout the Term, Lessor and (unless otherwise expressly provided herein) shall be paid without assertion of any counterclaim, setoffoffset, deduction or defense and, except as otherwise expressly provided herein, and without abatement, suspension, deferment, diminution deferment or reductionreduction except as provided for in Section 33.7 below. Under no circumstances or conditions, whether now existing or hereafter arising, and whether or whether not beyond the present contemplation of the partiesParties, shall County Lessor be expected or required to make any payment of any kind whatsoever, including without limitation, any regular or special assessments levied against whatsoever with respect to the Property, Premises or be under any obligation or liability hereunder, except as herein expressly set forth. County shall have no responsibility for any costs of repair, maintenance or replacement whatsoeverforth in this Lease. 8.2. Except as otherwise expressly provided hereinin this Lease, this Lease shall continue in full force and effect, and the obligations of Lessee hereunder under this Lease shall not be released, discharged or otherwise affected, by reason of: (a) any damage to or destruction of the Premises or Improvements or any part thereof or any Condemnation of the Premises or the Improvements or any part thereofimprovements thereon; (b) any restriction or prevention of or interference with any use of the Premises or the Improvements improvements or any part thereof which materially interferes with Xxxxxx’s possession or use of the Premises (other than a breach of County covenant of quiet enjoyment)thereof; (c) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other proceeding relating to CountyLessor, Lessee or any constituent partner of Lessee or any sublessee or assignee or any action taken with respect to this Lease by any a trustee or receiver of County with respect to this Lease by any trustee or receiver of Countyreceiver, or by any court, in any proceeding; (d) any claim which that Lessee or any other person has or might have against CountyLessor; or (e) any failure on the part of County Lessor to perform or comply with any of the terms, agreements, covenants, conditions and provisions in this Lease or of any other agreement with Lessee or any other person; (f) any failure on the part of any sublessee, Transferee, or other person to perform or comply with any of the terms hereof or of any sublease or other agreement with Lesseebetween Lessee and any such person; or (g) any termination of any sublease or other agreement, whether voluntary or by operation of law. 8.3. Except as expressly provided in this Lease, the The obligations of Lessee under this Lease shall be separate and independent covenants and agreementsagreements except as otherwise expressly stated in this Lease. Lessee hereby waives, to the full extent permitted by Applicable Laws, all rights now or hereafter conferred by such Applicable Laws, to quit, terminate or surrender this Lease or the Premises or any part thereof, or to any abatement, suspension, deferment, diminution in or reduction of any monetary payments payable to Lessor under this Lease.

Appears in 1 contract

Samples: Historic Property Lease (Pebblebrook Hotel Trust)

NET LEASE; NO COUNTERCLAIM OR ABATEMENT. All Rent The Base Monthly Rental and Additional Rental due to Lessor hereunder shall be paid absolutely net to County so that this Lease shall yield to County the full amount of the installments of all Rent throughout the Term, Lessor and (unless otherwise expressly provided herein) shall be paid without assertion of any counterclaim, setoff, deduction or defense and, except as otherwise expressly provided herein, and without abatement, suspension, deferment, diminution deferment or reduction. Under no circumstances or conditions, whether now existing or hereafter arising, and whether or whether not beyond the present contemplation of the parties, shall County Lessor be expected or required to make any payment of any kind whatsoever, including without limitation, any regular or special assessments levied against whatsoever with respect to the Property, Premises or be under any obligation or liability hereunder, hereunder except as herein expressly set forth. County shall have no responsibility for any costs of repair, maintenance or replacement whatsoeverforth in this Lease. Except as otherwise expressly provided herein, this Lease shall continue in full force and effect, and the obligations of Lessee hereunder shall not be released, discharged or otherwise affected, by reason reason, of: (a) any damage to or destruction of the Premises or Improvements or any part portion thereof or any Condemnation of the Premises or the Improvements improvements thereon, or any part thereoftaking thereof in eminent domain; (b) any restriction or prevention of or interference with any use of the Premises or the Improvements improvements or any part thereof which materially interferes with Xxxxxx’s possession or use of the Premises (other than a breach of County covenant of quiet enjoyment)thereof; (c) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other proceeding relating to CountyLessor, Lessee or any constituent partner of Lessee or any sublessee, licensee or concessionaire or any action taken with respect to this Lease by any an trustee or receiver of County with respect to this Lease by any trustee or receiver of Countyreceiver, or by any court, in any proceeding; (d) any claim which that Lessee or any other person has or might have against CountyLessor; or (e) any failure on the part of County Lessor to perform or comply with any of the terms hereof or of any other agreement with Lessee. Except as expressly provided in this LeaseLessee or any other person; (f) any failure on the part of any sublessee, licensee, concessionaire, or other person to perform or comply with any of the obligations terms of any sublease or other agreement between Lessee shall be separate and independent covenants and agreements.any such person; (g) any termination of any sublease, license or concession, whether voluntary or by operation of law; or

Appears in 1 contract

Samples: Annual Report

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NET LEASE; NO COUNTERCLAIM OR ABATEMENT. All Rent The Base Monthly Rental and Additional Rental due to Lessor hereunder shall be paid absolutely net to County so that this Lease shall yield to County the full amount of the installments of all Rent throughout the Term, Lessor and (unless otherwise expressly provided herein) shall be paid without assertion of any counterclaim, setoff, deduction or defense and, except as otherwise expressly provided herein, and without abatement, suspension, deferment, diminution deferment or reduction. Under no circumstances or conditions, whether now existing or hereafter arising, and whether or whether not beyond the present contemplation of the parties, shall County Lessor be expected or required to make any payment of any kind whatsoever, including without limitation, any regular or special assessments levied against whatsoever with respect to the Property, Premises or be under any obligation or liability hereunder, hereunder except as herein expressly set forth. County shall have no responsibility for any costs of repair, maintenance or replacement whatsoever. Except as otherwise expressly provided herein, forth in this Lease shall continue in full force and effect, and the obligations of Lessee hereunder shall not be released, discharged or otherwise affected, by reason of: Lease. (a) any damage to or destruction of the Premises or Improvements or any part portion thereof or any Condemnation of the Premises or the Improvements improvements thereon, or any part thereoftaking thereof in eminent domain; (b) any restriction or prevention of or interference with any use of the Premises or the Improvements improvements or any part thereof which materially interferes with Xxxxxx’s possession or use of the Premises (other than a breach of County covenant of quiet enjoyment)thereof; (c) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other proceeding relating to CountyLessor, Lessee or any constituent partner of Lessee or any sublessee, licensee or concessionaire or any action taken with respect to this Lease by any an trustee or receiver of County with respect to this Lease by any trustee or receiver of Countyreceiver, or by any court, in any proceeding; (d) any claim which that Lessee or any other person has or might have against CountyLessor; or (e) any failure on the part of County Lessor to perform or comply with any of the terms hereof or of any other agreement with LesseeLessee or any other person; (f) any failure on the part of any sublessee, licensee, concessionaire, or other person to perform or comply with any of the terms of any sublease or other agreement between Lessee and any such person; (g) any termination of any sublease, license or concession, whether voluntary or by operation of law; or (h) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, in each case whether or not Lessee shall have notice or knowledge of any of the foregoing. Except as expressly provided in this Lease, the The obligations of Lessee hereunder shall be separate and independent covenants and agreements. Lessee hereby waives, to the full extent permitted by applicable law, all rights now or hereafter conferred by statute, including without limitation the provisions of Civil Code Sections 1932 and 1933, to quit, terminate or surrender this Lease or the Premises or any part thereof, or to any abatement, suspension, deferment, diminution or reduction of any rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

NET LEASE; NO COUNTERCLAIM OR ABATEMENT. ‌ 8.1 All Rent shall amounts and charges due to Lessor under this Lease will be paid absolutely net to County so that this Lease shall yield to County the full amount of the installments of all Rent throughout the Term, Lessor and (unless otherwise expressly provided herein) shall must be paid without assertion of any counterclaim, setoffoffset, deduction or defense and, except as otherwise expressly provided herein, and without abatement, suspension, deferment, diminution deferment or reduction. Under no circumstances or conditions, whether now existing or hereafter arising, and whether or whether not beyond the present contemplation of the partiesParties, shall County will Lessor be expected or required to make any payment of any kind whatsoever, including without limitation, any regular or special assessments levied against whatsoever with respect to the Property, Premises or be under any obligation or liability hereunder, except as herein expressly set forth. County shall have no responsibility for any costs of repair, maintenance or replacement whatsoever. forth in this Lease. 8.2 Except as otherwise expressly provided hereinin this Lease, this Lease shall will continue in full force and effect, and the obligations of Lessee hereunder shall under this Lease will not be released, discharged or otherwise affected, by reason of: (a) any damage to or destruction of the Premises or Improvements or any part thereof or any Condemnation of the Premises or the Improvements or any part thereofimprovements thereon; (b) any restriction or prevention of or interference with any use of the Premises or the Improvements improvements or any part thereof which materially interferes with Xxxxxx’s possession or use of the Premises (other than a breach of County covenant of quiet enjoyment)thereof; (c) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other proceeding relating to CountyLessor, Lessee or any constituent partner of Lessee or any Occupant or assignee or any action taken with respect to this Lease by any a trustee or receiver of County with respect to this Lease by any trustee or receiver of Countyreceiver, or by any court, in any proceeding; (d) any claim which that Lessee or any other person has or might have against CountyLessor; or (e) any failure on the part of County Lessor to perform or comply with any of the terms, agreements, covenants, conditions and provisions in this Lease or of any other agreement with Lessee or any other person; (f) any failure on the part of any Occupant, Transferee, or other person to perform or comply with any of the terms hereof or of any Sublease or other agreement with Lessee. Except as expressly provided in this Lease, the obligations of between Lessee shall be separate and independent covenants and agreements.any such person; or

Appears in 1 contract

Samples: Lease Agreement

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