Common use of Net Lease; Non-Terminability Clause in Contracts

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13), (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) below.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have have, and hereby waives, any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to to, and hereby waives any right to, any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13)Condemnation, (iii) the prohibition, limitation or restriction of, or interference with, XxxxxxTenant’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreementagreement between Landlord and Tenant, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, or (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It This Lease is an absolute and unconditional obligation of Tenant, and it is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this LeaseLease or from the gross negligence or willful misconduct of Landlord or its agents or employees, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowLease.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this This Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant any present or future Law to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any setoffabatement, reduction, set-off, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction defense or defense of or deduction with respect to Basic any Rent or Additional Rentother sum payable hereunder. Except as otherwise expressly provided in this Lease, and the obligations of Tenant under this Lease the Lessee shall not be affected by any circumstance or event, or for any reason, including but not limited to the followingreason of: (i) any damage to or destruction of any of the Leased Premises Property or any part thereof by any cause whatsoeverwhatsoever (including, without limitation, by fire, Event of Loss or act of God or enemy or any other force majeure event); (ii) any Condemnation (except as provided in Paragraph 13)Requisition of Use, including, without limitation, a temporary Requisition of Use of the Leased Property or any part thereof; (iii) the any prohibition, limitation limitation, restriction or restriction ofprevention of the Lessee's use, occupancy or interference with, Xxxxxx’s use of any enjoyment of the Leased Premises, Property or any part thereof by any Person; (iv) any eviction by paramount title, constructive eviction matter affecting title to the Leased Property or otherwise, any part thereof; (v) Tenant’s acquisition of ownership of any eviction of the Lessee from, or loss of possession by the Lessee of, the Leased Premises other than pursuant to an express provision Property or any part thereof, by reason of this Lease, title paramount or otherwise; (vi) any default on by the part of Landlord under this Lease or under any other agreement, Lessor hereunder; (vii) the invalidity or unenforceability of any latent provision hereof or in the other defect in, Operative Documents or any theft the impossibility or loss of, any illegality of performance by the Leased Premises, Lessor or the Lessee or both; (viii) the breach any action of any warranty of any seller or manufacturer of any of the Equipment, Governmental Authority; or (ix) any other causecause or occurrence whatsoever, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the The parties hereto intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent the Lessee hereunder shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the unaffected unless such obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been modified or terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) below.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this LeaseLease (including Paragraphs 13 and 14 hereof), Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13)Condemnation, (iii) the prohibition, limitation or restriction of, or interference with, XxxxxxTenant’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowLease.

Net Lease; Non-Terminability. (a) This is a net lease and Basic Rent and Additional Rent shall be paid, except as otherwise expressly set forth in this Lease, without notice, demand, setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense. Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease Lease, during the Term. This is a net lease and, except Except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent; and subject to the terms of this Lease and except as otherwise expressly provided in this Lease (including Paragraphs 13 and 14), and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or interference with Tenant's use of any of the Leased Premises for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13)Condemnation, (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s of Tenant's use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction title or otherwise, (v) Tenant’s 's acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, (ix) any violation of Paragraph 4(c) by Landlord or any other person lawfully claiming through or under Landlord, or (ixx) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereofthereof , Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s 's default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease. Tenant agrees that it shall remain obligated under this Lease in accordance with its provisions and that, except as otherwise expressly provided herein, it shall not take any action to terminate, rescind or avoid this Lease, notwithstanding (i) the bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceeding affecting Landlord, (ii) the exercise of any remedy, including foreclosure, under the Mortgage (subject to Tenant's rights under Paragraph 16(a)(ii)), or (iii) any action with respect to this Lease (including the disaffirmance hereof) which may be taken by Landlord under the Federal Bankruptcy Code or by any trustee, receiver or liquidator of Landlord or by any court under the Federal Bankruptcy Code or otherwise. This Lease is the absolute and unconditional obligation of Tenant. Tenant waives all rights which are not expressly stated in this Lease but which may now or hereafter otherwise be conferred by law (i) to quit, terminate or surrender this Lease or to exercise any of the other rights waived Leased Premises, (ii) to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or any Additional Rent, except as otherwise expressly provided in Section 7(cthis Lease, and (iii) belowfor any statutory lien or offset right against Landlord or its property.

Net Lease; Non-Terminability. (a) Except as This is an absolutely "Bond Type" net lease to the Landlord. It is the intent of the parties hereto that the Minimum Rental payable under this Lease shall be an absolutely net return to the Landlord and that the Tenant shall pay all costs and expense relating to the Premises, unless otherwise expressly provided in this Lease. Any amount or obligation herein relating to the Premises which is not expressly declared to be that of the Landlord shall be deemed to be an obligation of the Tenant to be timely performed by the Tenant at the Tenant's expense. Except as otherwise specifically provided in Section 12 hereof, this Lease shall not terminate and nor shall Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, ; nor shall Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspensiondeduction, deferment, diminutionsuspension or reduction of, deductionor setoff, reduction defense or defense of counterclaim against, any rentals, charges, or to Basic Rent or Additional Rent, and the obligations of other sums payable by Tenant under this Lease Lease; nor shall not the respective obligations of Landlord and Tenant be otherwise affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any reason of damage to or destruction of any of the Leased Premises from whatever cause, any taking by any cause whatsoevercondemnation, (ii) any Condemnation (except as provided in Paragraph 13)eminent domain, (iii) requisition or by agreement between Landlord and those authorized to exercise such rights, the prohibitionlawful or unlawful, limitation or restriction of, or interference with, Xxxxxx’s of Tenant's use of any of the Leased Premises, (iv) the interference with such use by any persons, corporations or other entities or by reason of any eviction by paramount title, constructive eviction or otherwise, (v) by reason of Tenant’s 's acquisition of ownership of any or all of the Leased Premises other otherwise than pursuant to an express provision of this Lease, (vi) or by reason of any default on the part or breach of any warranty by Landlord under this Lease or under any other agreement, (vii) any latent or other defect inagreement between Landlord and Tenant, or any theft to which Landlord and Tenant are parties, or loss of, any for the failure of Landlord to deliver possession of the Leased Premises, (viii) Premises on the breach of any warranty of any seller or manufacturer of any commencement of the Equipmentterm hereof, or (ix) for any other cause, cause whether similar or dissimilar to the foregoing, foregoing any present or future Applicable Law Laws to the contrary notwithstanding. It is ; it being the intention of the parties hereto that the obligations of Landlord and Tenant under this Lease hereunder shall be separate and independent covenants and agreements, agreements and that Basic Rent the Minimum Rental, additional rent and Additional Rent all other charges and sums payable by Tenant hereunder shall continue to be payable in all events (or, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease; and Tenant covenants and agrees that it will remain obligated under this Lease in lieu thereof, Tenant shall pay amounts equal thereto)accordance with its terms, and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) below.will not

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this This Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Leaseherein, Tenant any present or future law to the contrary notwithstanding, shall not terminate, nor shall Lessee be entitled to any setoffabatement, reduction, set-off, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction defense or defense of or deduction with respect to any Basic Rent or Additional Rent, and additional rental obligations or other sum payable hereunder, nor shall the obligations of Tenant under this Lease shall not Lessee hereunder be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) reason of any damage to or destruction of or any defects in the Premises; any taking of the Leased Premises or any part thereof by condemnation or otherwise; any prohibition, limitation, restriction or prevention of Lessee's use, occupancy or enjoyment of the Premises, or any interference with such use, occupancy or enjoyment by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13), (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s use of any of the Leased Premises, (iv) person; any eviction by paramount title, constructive eviction title or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) ; any default on the part of Landlord under this Lease by Lessor hereunder or under any other agreement; the impossibility or illegality of performance by Lessor, Lessee or both; any action of any governmental authority; the failure to make any demand or give notice with respect to the payment of any sum hereunder; the existence of any claims against the Lessor, the Mortgagee (vii) any latent or other defect inas hereinafter defined), or any theft or loss of, any of the Leased Premises, noteholders from time to time (viiithe "Noteholders") under the breach of any warranty of any seller Mortgage (as hereinafter defined); or manufacturer of any of the Equipment, or (ix) any other cause, cause whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the The parties hereto intend that the obligations of Tenant under this Lease Lessee hereunder shall be separate and independent covenants and agreements, agreements and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the unaffected unless such obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been modified or terminated pursuant to an express provision of this Lease. Notwithstanding Lessee acknowledge and agrees that it is intended that this Lease shall be completely carefree and at no 3 cost to Lessor, except as expressly set out in the foregoingLease; that Lessor is not responsible during the term of this Lease (including the Extended Term) for any costs, Tenant charges, expenses, or outlays of any nature whatsoever arising from or relating to the Premises, or the use and occupancy thereof, or the contents thereof, or the business carried on therein; and Lessee shall have pay all charges, expenses, costs, and outlays of every nature and kind relating to the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under Premises except as expressly set out in this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) below.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this LeaseThis is an absolutely net lease, and this Lease shall not terminate and nor shall Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, ; nor shall Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspensiondeduction, deferment, diminutionsuspension or reduction of, deductionor setoff, reduction defense or defense of counterclaim against, any rentals, charges, or to Basic Rent or Additional Rent, and the obligations of other sums payable by Tenant under this Lease Lease; nor shall not the respective obligations of Landlord and Tenant be otherwise affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any reason of damage to or destruction of the Premises from whatever cause, any taking by condemnation, eminent domain or by agreement between Landlord and those authorized to exercise such rights, the lawful or unlawful prohibition of Tenant's use of the Leased Premises Premises, the interference with such use by any cause whatsoeverpersons, (ii) any Condemnation (except as provided in Paragraph 13), (iii) the prohibition, limitation corporations or restriction ofother entities, or interference with, Xxxxxx’s use by reason of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction default or otherwise, (v) Tenant’s acquisition of ownership breach of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of warranty by Landlord under this Lease or under any other agreement, (vii) any latent or other defect inagreement between Landlord and Tenant, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipmentto which Landlord and Tenant are parties, or (ix) for any other cause, cause whether similar or dissimilar to the foregoing, any present or future Applicable Law laws to the contrary notwithstanding. It is ; it being the intention of the parties hereto that the obligations of Landlord and Tenant under this Lease hereunder shall be separate and independent covenants and agreements, agreements and that Basic Rent the Rent, additional rent and Additional Rent all other rents and charges and sums payable by Tenant hereunder shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease; and Tenant covenants and agrees that it will remain obligated under this Lease shall continue unaffectedin accordance with its terms, unless and, except as may be expressly provided in this Lease to authorized by the contrary or unless this Lease shall have been terminated pursuant to an express provision terms of this Lease. Notwithstanding the foregoing, Tenant shall have the right that it will not take any action to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under terminate, cancel, rescind or void this Lease, it being understood notwithstanding the bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee of, or successor to, Landlord, and notwithstanding any action with respect to this Lease that Tenant shall have no right to set off may be taken by a trustee or receiver of Landlord or any assignee of, or successor to, Landlord or by any court in any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowproceeding.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this Lease shall not terminate terminate, and Tenant shall not have any right to terminate this Lease Lease, during the Term. This Lease is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13)Condemnation, (iii) the prohibition, limitation or restriction of, or interference with, XxxxxxTenant’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowLease.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13), (iii) the prohibition, limitation or restriction of, or interference with, XxxxxxTenant’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) below.

Net Lease; Non-Terminability. (a) Except This Lease is a net lease, and, any present or future law to the contrary notwithstanding, Lessee shall not be entitled to any abatement or reduction (except as otherwise expressly provided in this Leaseparagraphs 12 (Condemnation, this Lease shall not terminate Casualty and Tenant shall not have Temporary Requisition) or paragraph 30 (Utilities)), setoff, counterclaim, defense or deduction with respect to any right to terminate this Lease during the Term. This is a net lease andFixed Rent, additional rent or other sum payable hereunder, nor, except as otherwise expressly provided in this Leaseherein, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease shall not Lessee hereunder be affected affected, by any circumstance or event, or for any reason, including but not limited to the followingreason of: (i) any damage to or destruction of the Premises; any taking of the Leased Premises or any part thereof by condemnation or otherwise; any prohibition, limitation, restriction or prevention of Lessee's use, occupancy or enjoyment of the Premises, or any interference with such use, occupancy or enjoyment by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13), (iii) the prohibition, limitation or restriction ofperson other than Lessor, or interference withLessor's partners, Xxxxxx’s use employees, officers or agents; any assignment or transfer in whole or in part of Lessor's or Lessee's interest under this Lease; any of matter affecting title to the Leased Premises, (iv) Premises or any eviction by paramount title, constructive eviction title or otherwise, (v) Tenant’s acquisition of ownership of excluding any of the Leased Premises other than pursuant to an express provision of this Leaseclaim made by any person by, (vi) through or under Lessor; any default on the part of Landlord under this Lease by Lessor hereunder or under any other agreement; any proceeding relating to Lessor; the impossibility or illegality of performance by Lessor, (vii) Lessee or both; any latent bankruptcy of Lessor or other defect in, anyone claiming under Lessor; foreclosure or any theft other enforcement procedure by any Mortgagee of all or loss of, any portion of the Leased Premises, (viii) the breach ; any action of any warranty governmental authority; Lessee's acquisition or ownership, subsequent to the date hereof, of any seller or manufacturer of any part of the Equipment, Premises; or (ix) any other cause, whether similar or dissimilar to the foregoing, or foreseen or unforeseen, any present or future Applicable Law law to the contrary notwithstanding. It is the intention notwithstanding and whether or not Lessor or Lessee shall have notice or knowledge of any of the foregoing. The parties hereto to this Lease intend that the obligations of Tenant under this Lease Lessee hereunder shall be separate and independent covenants and agreements, agreements and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the unaffected unless such obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been modified or terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) below.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in Paragraphs 13(b), 14(g), 19, 31 (other than in connection with, at Tenant’s election, a Tenant Assumption) and 32 of this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Rent, Additional Rent, Purchase Price, Default Purchase Price, Condemnation Termination Payment or Casualty Termination Payment, as applicable, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13)Condemnation, (iii) the prohibition, limitation or restriction of, or interference with, XxxxxxTenant’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction eviction, or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the EquipmentEquipment or any engineer, contractor or builder with respect to any of the Leased Premises, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law Legal Requirement to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Rent, Additional Rent Rent, Purchase Price, Default Purchase Price, Condemnation Termination Payment or Casualty Termination Payment, to the extent applicable, shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowPurchase Price, the Default Purchase Price, Condemnation Termination Payment or Casualty Termination Payment, as applicable, if payable hereunder or under the Agency Agreement.

Net Lease; Non-Terminability. (a) This Lease is a net lease and, except ---------------------------- as otherwise expressly provided in this Lease, any present or future Law to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Fixed Rent, Additional Rent or other sum payable hereunder. Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease the Lessee shall not be affected by any circumstance or event, or for any reason, including but not limited to the followingreason of: (i) any damage to or destruction of the Mill I Property or any of the Leased Premises part thereof by any cause whatsoeverwhatsoever (including, without limitation, by fire, Casualty or act of God or enemy or any other force majeure event); (ii) any Condemnation, including, without limitation, a temporary Condemnation (except as provided in Paragraph 13), of the Mill I Property or any part thereof; (iii) the any prohibition, limitation limitation, restriction or restriction of, or interference with, Xxxxxx’s use of any prevention of the Leased PremisesLessee's use, occupancy or enjoyment of the Mill I Property or any part thereof by any Person; (iv) any eviction by paramount title, constructive eviction matter affecting title to the Mill I Property or otherwise, any part thereof; (v) Tenant’s acquisition of ownership of any eviction of the Leased Premises other than pursuant to an express provision Lessee from, or loss of this Leasepossession by the Lessee of, the Mill I Property or any part thereof, by reason of title paramount or otherwise; (vi) any default on by the part of Landlord under this Lease Lessor hereunder or under any other agreement, Operative Document or Securitization Document; (vii) the invalidity or unenforceability of any latent provision hereof or in the other defect in, Operative Documents or any theft the impossibility or loss of, any illegality of performance by the Leased Premises, Lessor or the Lessee or both; (viii) the breach any action of any warranty of any seller Federal, state or manufacturer of any of the Equipment, local governmental authority; or (ix) any other causecause or occurrence whatsoever, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the The parties hereto intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent the Lessee hereunder shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the unaffected unless such obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been modified or terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) below.

Net Lease; Non-Terminability. (a) This is a net lease and Basic Rent, Additional Rent and all other sums payable hereunder by Tenant shall be paid, except as otherwise expressly set forth in this Lease, without notice, demand, setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense. Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease Lease, during the Term. This is a net lease and, except Except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent, Additional Rent or Additional Rentany other sums payable under this Lease; and except as otherwise expressly provided in this Lease, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or interference with Tenant's use of any of the Leased Premises for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13)Condemnation, (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s of Tenant's use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction title or otherwise, (v) Tenant’s 's acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, of any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, (ix) any violation of Paragraph 4 (c) by Landlord, or (ixx) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent, Additional Rent and Additional Rent all other sums payable by Tenant hereunder shall continue to be payable in all events (or, in lieu thereofthereof , Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding Tenant agrees that it shall remain obligated under this Lease in accordance with its provisions and that, except as otherwise expressly provided herein, it shall not take any action to terminate, rescind or avoid this Lease, notwithstanding (i) the foregoingbankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceeding affecting Landlord, (ii) the exercise of any remedy, including foreclosure, under the Mortgage, or (iii) any action with respect to this Lease (including the disaffirmance hereof) which may be taken by Landlord under the Federal Bankruptcy Code or by any trustee, receiver or liquidator of Landlord or by any court under the Federal Bankruptcy Code or otherwise. This Lease is the absolute and unconditional obligation of Tenant. Tenant shall have waives all rights which are not expressly stated in this Lease but which may now or hereafter otherwise be conferred by law (i) to quit, terminate or surrender this Lease or any of the right Leased Premises, (ii) to pursue a cause any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of action against Landlord for actual damages resulting from Landlord’s default or to Basic Rent, Additional Rent or any other sums payable under this Lease, it being understood that Tenant shall have no except as otherwise expressly provided in this Lease, and (iii) for any statutory lien or offset right to set off any such damages against the Basic Rent Landlord or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowits property.

Net Lease; Non-Terminability. (a) Except as This is an absolutely "Bond Type" net lease to the Landlord. It is the intent of the parties hereto that the Minimum Rental payable under this Lease shall be an absolutely net return to the Landlord and that the Tenant shall pay all costs and expense relating to the Premises, unless otherwise expressly provided in this Lease. Any amount or obligation herein relating to the Premises which is not expressly declared to be that of the Landlord shall be deemed to be an obligation of the Tenant to be timely performed by the Tenant at the Tenant's expense. Except as otherwise specifically provided in Section 12 hereof, this Lease shall not terminate and nor shall Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, ; nor shall Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspensiondeduction, deferment, diminutionsuspension or reduction of, deductionor setoff, reduction defense or defense of counterclaim against, any rentals, charges, or to Basic Rent or Additional Rent, and the obligations of other sums payable by Tenant under this Lease Lease; nor shall not the respective obligations of Landlord and Tenant be otherwise affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any reason of damage to or destruction of any of the Leased Premises from whatever cause, any taking by any cause whatsoevercondemnation, (ii) any Condemnation (except as provided in Paragraph 13)eminent domain, (iii) requisition or by agreement between Landlord and those authorized to exercise such rights, the prohibitionlawful or unlawful, limitation or restriction of, or interference with, Xxxxxx’s of Tenant's use of any of the Leased Premises, (iv) the interference with such use by any persons, corporations or other entities or by reason of any eviction by paramount title, constructive eviction or otherwise, (v) by reason of Tenant’s 's acquisition of ownership of any or all of the Leased Premises other otherwise than pursuant to an express provision of this Lease, (vi) or by reason of any default on the part or breach of any warranty by Landlord under this Lease or under any other agreement, (vii) any latent or other defect inagreement between Landlord and Tenant, or any theft to which Landlord and Tenant are parties, or loss of, any for the failure of Landlord to deliver possession of the Leased Premises, (viii) Premises on the breach of any warranty of any seller or manufacturer of any commencement of the Equipmentterm hereof, or (ix) for any other cause, cause whether similar or dissimilar to the foregoing, foregoing any present or future Applicable Law Laws to the contrary notwithstanding. It is ; it being the intention of the parties hereto that the obligations of Landlord and Tenant under this Lease hereunder shall be separate and independent covenants and agreements, agreements and that Basic Rent the Minimum Rental, additional rent and Additional Rent all other charges and sums payable by Tenant hereunder shall continue to be payable in all events (or, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease; and Tenant covenants and agrees that it will remain obligated under this Lease in lieu thereof, Tenant shall pay amounts equal thereto)accordance with its terms, and that it will not take any action to terminate, cancel, rescind or void this Lease, notwithstanding the obligations of Tenant under bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee of, or successor to, Landlord, and notwithstanding any action with respect to this Lease shall continue unaffectedthat may be taken by a trustee or receiver of Landlord or any assignee of, unless expressly or successor to, Landlord or by any court in any such proceeding. Except specifically as provided in this Lease Lease, Tenant waives all rights which may now or hereafter be conferred by law (i) to the contrary quit, terminate, or unless surrender this Lease shall have been terminated pursuant or the Premises or any part thereof, or (ii) to an express provision any abatement, suspension, deferment or reduction of the Minimum Rental, Additional Rent, or any other sums payable under this Lease. Notwithstanding anything to the foregoingcontrary contained above, the Tenant does retain a separate and independent right to xxx the Landlord; provided, however, any judgment in favor of the Tenant shall not xxxxx Minimum Rental or Additional Rent or terminate the Tenant's obligations hereunder. Notwithstanding the above or anything else contained in this Lease, if Tenant is required to vacate the Leased Premises as a result of a court order on a claim of superior title or the exercise of a superior lien right not caused by Tenant's actions, inactions or negligence, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under terminate this Lease or to exercise any of the other rights waived in Section 7(c) belowand Tenant's obligations hereunder.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant and all Monetary Obligations shall not be entitled to any setoffpaid without notice or demand and without set-off, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent(collectively, a “Set-Off”). This Lease and the rights of Landlord and all obligations of Tenant under this Lease to pay Rent and otherwise perform hereunder shall not be affected by any circumstance or event, event or for any reasonreason or cause whatsoever foreseen or unforeseen; including, including but not limited to the following: to, (i) any damage to forced forfeiture, seizure or destruction confiscation of all or any part of the Leased Premises Land, Improvements, Building Systems and Components or Tenant’s Personal Property by any cause whatsoevergovernmental authority under any Legal Requirement (a “Confiscation”), (ii) any Condemnation (except as provided in Paragraph 13)forced or voluntary cessation of, (iii) the prohibition, or limitation or restriction on, the Permitted Uses or Tenant’s operations imposed upon Tenant or any change in the legality or regulation thereof, whether or not material (including, without limitation, as a result of any failure to obtain, or revocation of, any permits or interference with, Xxxxxx’s use licenses needed to operate the Permitted Use at the Leased Premises as a result of a failure to timely commence or continue business operations at the Leased Premises) (any of the Leased Premisesforegoing, an “Imposed Cessation”); it being acknowledged and agreed that Tenant (ivor any Affiliate thereof operating thereon) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any has agreed to assume all risk of the Leased Premises other than pursuant to an express provision of this Lease, (vi) foregoing and any default on the part of Landlord under this Lease changes in policy or under any other agreement, (vii) any latent or other defect inLaws, or the implementation or enforcement thereof at any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstandinggovernmental level. It is the intention of the parties hereto that the The obligations of Tenant under this Lease hereunder shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent all Monetary Obligations shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease hereunder shall continue unaffected, unaffected unless expressly provided in this Lease the requirement to pay or perform the contrary or unless this Lease same shall have been terminated pursuant to an express provision of this Lease. Notwithstanding The obligation to pay Rent or amounts equal thereto shall not be affected by any collection of any sum by any federal or State governmental authority pursuant to any Law. All Rent payable by Tenant hereunder shall constitute “rent” for all purposes (including Paragraph 502(b)(6) of the foregoingFederal Bankruptcy Code). Except as otherwise expressly provided herein, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right and hereby waives all rights which it may have under any Law (i) to set off any such damages against the Basic Rent quit, terminate or Additional Rent payable under surrender this Lease or to exercise any of the other rights waived in Section 7(cLeased Premises, or (ii) belowto any Set-Off of any Monetary Obligations.

Net Lease; Non-Terminability. (a) This Lease is a net, net, net lease and Lessee's obligations hereunder shall be absolute and unconditional. Except as otherwise to the extent expressly provided in this LeaseSection 2.3 above, this Lease the Basic Rent, Impositions (as hereinafter defined) and all other amounts payable by Lessee hereunder shall not terminate be absolutely net to Lessor and Tenant shall not have be payable by Lessee without any right to terminate this Lease during the Term. This is a net lease andnotice, except as otherwise expressly provided in this Leasedemand, Tenant shall not be entitled to counterclaim or defense, and without any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deductionsetoff, deduction or reduction whatsoever, free from any charges, assessments, impositions, expenses or defense deductions of any and every kind or to Basic Rent or Additional Rentnature whatsoever, and the obligations of Tenant under so that this Lease shall yield net to Lessor under all circumstances and conditions (whether now or hereafter existing and whether or not be affected within the contemplation of the parties), the Basic Rent, Impositions and all other amounts payable by any circumstance or eventLessee hereunder. Lessee shall pay all costs, or for any reason, including but not limited expenses and charges of every kind and nature relating to the following: Premises and the operation, use, occupancy, management, condition, maintenance and repair thereof, which arise or become due or payable prior to, during or after (ibut, if payable after, attributable to a period falling within) the Term (other than Ground Lease Basic Rent and any damage payments of principal or interest, prepayment premiums, loan fees, exit fees or any other amounts which may become due and payable by Lessor to any Leasehold Mortgagee in connection with such Leasehold Mortgage or destruction other financing obtained by Lessor and which are not otherwise provided to be the responsibility of Lessee pursuant to the terms of this Lease), and Lessee shall indemnify Lessor against, and hold Lessor harmless from, such costs, expenses and charges, and Lessee's liability for the payment of any of such costs, expenses and charges which shall become payable after the Leased Premises by any cause whatsoever, (ii) any Condemnation (except Term as provided in Paragraph 13), (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It aforesaid is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless hereby expressly provided in this Lease to survive the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowTerm.

Net Lease; Non-Terminability. (a) Except This Lease is a net, net, net lease and Lessee's obligations hereunder shall be absolute and unconditional. The Basic Rent, Impositions (as otherwise hereinafter defined) and all other amounts payable by Lessee hereunder shall be absolutely net to Lessor and shall be payable by Lessee without any notice, demand, counterclaim or defense, and except as expressly provided in this LeaseSection 1.5 above, this Lease shall not terminate and Tenant shall not have without any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deductionsetoff, deduction or reduction whatsoever, free from any charges, assessments, impositions, expenses or defense deductions of any and every kind or to Basic Rent or Additional Rentnature whatsoever, and the obligations of Tenant under so that this Lease shall yield net to Lessor under all circumstances and conditions (whether now or hereafter existing and whether or not be affected within the contemplation of the parties), the Basic Rent, Impositions and all other amounts payable by any circumstance or eventLessee hereunder. Lessee shall pay all costs, or for any reason, including but not limited expenses and charges of every kind and nature relating to the following: Property and the operation, use, occupancy, management, condition, maintenance and repair thereof, which arise or become due or payable during or after (ibut, if payable after, attributable to a period falling within) the Term (other than any damage payments of principal or interest, prepayment premiums, loan fees, exit fees or any other amounts which may become due and payable by Lessor to or destruction the holder of any Fee Mortgage in connection with such Fee Mortgage financing obtained by Lessor and which are not otherwise provided to be the responsibility of Lessee pursuant to the terms of this Lease), and Lessee shall indemnify Lessor against, and hold Lessor harmless from, such costs, expenses and charges, and Lessee's liability for the payment of any of such costs, expenses and charges which shall become payable after the Leased Premises by any cause whatsoever, (ii) any Condemnation (except Term as provided in Paragraph 13), (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It aforesaid is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless hereby expressly provided in this Lease to survive the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowTerm.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided in this Lease, this Lease shall not terminate and Tenant shall not have have, and hereby waives, any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, Tenant shall not be entitled to to, and hereby waives any right to, any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of or to Basic Rent or Additional Rent, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoever, (ii) any Condemnation (except as provided in Paragraph 13)Condemnation, (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction or otherwise, (v) Tenant’s acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, any of the Leased Premises, or (viii) the breach of any warranty of any seller or manufacturer of any of the Equipment, or (ix) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It This Lease is an absolute and unconditional obligation of Tenant, and it is the intention of the parties hereto that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, Tenant shall pay amounts equal thereto), and that the obligations of Tenant under this Lease shall continue unaffected, unless expressly provided in this Lease to the contrary or unless this Lease shall have been terminated pursuant to an express provision of this Lease. Notwithstanding the foregoing, Tenant shall have the right to pursue a cause of action against Landlord for actual damages resulting from LandlordXxxxxxxx’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic Rent or Additional Rent payable under this Lease or to exercise any of the other rights waived in Section 7(c) belowLease.

Net Lease; Non-Terminability. (a) Except as otherwise expressly provided The obligations of Tenant hereunder shall be separate and independent covenants and agreements, and Fixed Rent, Additional Rent and all other sums payable by Tenant hereunder shall continue to be payable in this Leaseall events, this Lease and the obligations of Tenant hereunder shall not terminate and Tenant shall not have any right to terminate this Lease continue during the Term, unless the requirement to pay or perform the same shall have been terminated pursuant to the provisions of Article 9 of this Part II. This is a an absolutely net lease andand Fixed Rent, except as otherwise expressly provided in this Lease, Additional Rent and all other sums payable hereunder by Tenant shall not be entitled to any paid without notice or demand, and without setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense defense. This Lease is the absolute and unconditional obligation of or to Basic Rent or Additional RentTenant, and the obligations of Tenant under this Lease shall not be affected by any circumstance or event, or interference with Tenant's use of any of the Premises for any reason, including including, but not limited to to, the following: (i) any damage to or destruction of any of the Leased Premises by any cause whatsoeverwhatsoever (except as otherwise expressly provided in Article 9 of this Part II), (ii) any Condemnation (except as otherwise expressly provided in Paragraph 13Article 10 of this Part II), (iii) the prohibition, limitation or restriction of, or interference with, Xxxxxx’s of Tenant's use of any of the Leased Premises, (iv) any eviction by paramount title, constructive eviction title or otherwise, (v) Tenant’s 's acquisition of ownership of any of the Leased Premises other than pursuant to an express provision of this Lease, (vi) any default on the part of Landlord under this Lease or under any other agreement, (vii) any latent or other defect in, or any theft or loss of, of any of the Leased Premises, (viii) the breach any violation of any warranty Article 29 of any seller or manufacturer this Part II by Landlord (provided, that this Article 39(a)(vii) shall not limit Tenant's rights, if any, to seek injunctive relief against Landlord for violation of any said Article 20 of the Equipmentthis Part II), (ix) [Intentionally omitted], or (ixx) any other cause, whether similar or dissimilar to the foregoing, any present or future Applicable Law to the contrary notwithstanding. It is All costs and expenses (other than depreciation, interest on and amortization of debt incurred by Landlord, and costs incurred by Landlord in financing or refinancing the intention Premises) and other obligations of every kind and nature whatsoever relating to the Premises and the appurtenances thereto and the use and occupancy thereof which may arise or become due and payable with respect to the period which ends on the expiration or earlier termination of the parties hereto that Term in accordance with the obligations of Tenant under this Lease provisions hereof (whether or not the same shall become payable during the Term or thereafter) shall be separate paid and independent covenants and agreements, and that Basic Rent and Additional Rent shall continue to be payable in all events (or, in lieu thereof, performed by Tenant. Tenant shall pay amounts equal thereto)all expenses related to the maintenance and repair of the Premises, and that the obligations of all taxes and insurance costs. This Lease shall not terminate and Tenant under shall not have any right to terminate this Lease shall continue unaffected, unless (except as otherwise expressly provided in this Lease to the contrary Article 9 or unless this Lease shall have been terminated pursuant to an express provision Article 10 of this Lease. Notwithstanding the foregoingPart II), Tenant shall have the right or to pursue a cause of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant shall have no right to set off any such damages against the Basic xxxxx Fixed Rent or Additional Rent payable under this Lease or to exercise any of during the other rights waived in Section 7(c) belowTerm.

Net Lease; Non-Terminability. (a) Except as This is an absolutely "Bond Type" net lease to the Landlord. It is the intent of the parties hereto that the Minimum Rental payable under this Lease shall be an absolutely net return to the Landlord and that the Tenant shall pay all costs and expense relating to the Premises, unless otherwise expressly provided in this Lease. Any amount or obligation herein relating to the Premises which is not expressly declared to be that of the Landlord shall be deemed to be an obligation of the Tenant to be timely performed by the Tenant at the Tenant's expense. Except as otherwise specifically provided in Section 12 hereof, this Lease shall not terminate and nor shall Tenant shall not have any right to terminate this Lease during the Term. This is a net lease and, except as otherwise expressly provided in this Lease, ; nor shall Tenant shall not be entitled to any setoff, counterclaim, recoupment, abatement, suspensiondeduction, deferment, diminutionsuspension or reduction of, deductionor setoff, reduction defense or defense of counterclaim against, any rentals, charges, or to Basic Rent or Additional Rent, and the obligations of other sums payable by Tenant under this Lease Lease; nor shall not the respective obligations of Landlord and Tenant be otherwise affected by any circumstance or event, or for any reason, including but not limited to the following: (i) any reason of damage to or destruction of any of the Leased Premises from whatever cause, any taking by any cause whatsoevercondemnation, (ii) any Condemnation (except as provided in Paragraph 13)eminent domain, (iii) requisition or by agreement between Landlord and those authorized to exercise such rights, the prohibitionlawful or unlawful, limitation or restriction of, or interference with, Xxxxxx’s of Tenant's use of any of the Leased Premises, (iv) the interference with such use by any persons, corporations or other entities or by reason of any eviction by paramount title, constructive eviction or otherwise, (v) by reason of Tenant’s 's acquisition of ownership of any or all of the Leased Premises other otherwise than pursuant to an express provision of this Lease, (vi) or by reason of any default on the part or breach of any warranty by Landlord under this Lease or under any other agreement, (vii) any latent or other defect inagreement between Landlord and Tenant, or any theft to which Landlord and Tenant are parties, or loss of, any for the failure of Landlord to deliver possession of the Leased Premises, (viii) Premises on the breach of any warranty of any seller or manufacturer of any commencement of the Equipmentterm hereof, or (ix) for any other cause, cause whether similar or dissimilar to the foregoing, foregoing any present or future Applicable Law Laws to the contrary notwithstanding. It is ; it being the intention of the parties hereto that the obligations of Landlord and Tenant under this Lease hereunder shall be separate and independent covenants and agreements, agreements and that Basic Rent the Minimum Rental, additional rent and Additional Rent all other charges and sums payable by Tenant hereunder shall continue to be payable in all events (or, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease; and Tenant covenants and agrees that it will remain obligated under this Lease in lieu thereof, Tenant shall pay amounts equal thereto)accordance with its terms, and that it will not take any action to terminate, cancel, rescind or void this Lease, notwithstanding the obligations of Tenant under bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee of, or successor to, Landlord, and notwithstanding any action with respect to this Lease shall continue unaffectedthat may be taken by a trustee or receiver of Landlord or any assignee of, unless expressly or successor to, Landlord or by any court in any such proceeding. Except specifically as provided in this Lease Lease, Tenant waives all rights which may now or hereafter be conferred by law (i) to the contrary quit, terminate, or unless surrender this Lease shall have been terminated pursuant or the Premises or any part thereof, or (ii) to an express provision any abatement, suspension, deferment or reduction of the Minimum Rental, Additional Rent, or any other sums payable under this Lease. Notwithstanding anything to the foregoingcontrary contained above, the Tenant shall have the does retain a separate and independent right to pursue a cause sue the Landlord, provided, however, any judgment in favor of action against Landlord for actual damages resulting from Landlord’s default under this Lease, it being understood that Tenant the Texxxt shall have no right to set off any such damages against the Basic Rent not abate Minimum Rental or Additional Rent payable under this Lease or to exercise any of terminate the other rights waived in Section 7(c) belowTenant's obxxxxxions hereunder.