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

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 (as defined below) 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 Net Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Property or any part thereof by any cause whatsoever (including, without limitation, fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12), including, without limitation, a temporary Condemnation of the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Property by any person; (iv) any matter affecting title to the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Property or any part thereof, by reason of paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof. (b) The Lessee shall remain obligated under this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting the Lessor or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. Except as expressly permitted in this Lease, the Lessee waives all rights to terminate or surrender this Lease, or to any abatement or deferment of Net Rent, Additional Rent or other sums payable hereunder. The Lessee shall remain obliged under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by Law or otherwise to modify or to avoid strict compliance with its obligations under this Lease. All payments made to the Lessor hereunder as required hereby shall be final and the Lessee shall not seek recovery of, nor shall Lessee be entitled to recover, any such payment or any part thereof for any reason whatsoever, absent manifest error. (c) Lessee shall be entitled to bring a separate action against Lessor, Agent, or the Purchasers, as applicable, to enforce their respective obligations to Lessee hereunder or under the other Transaction Documents, but no such action (including any judgment received by Lessee in connection therewith) shall ever permit or grant Lessee the right to terminate this Lease or create any right of abatement, set-off, or other reduction or suspension of the payments due by Lessee hereunder.

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 (as defined below) 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 Net Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Property or any part thereof by any cause whatsoever (including, without limitation, fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12), including, without limitation, a temporary Condemnation of the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Property by any person; (iv) any matter affecting title to the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Property or any part thereof, by reason of paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend partiesintend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof. (b) The Lessee shall remain obligated under this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting the Lessor or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. Except as expressly permitted in this Lease, the Lessee waives all rights to terminate or surrender this Lease, or to any abatement or deferment of Net Rent, Additional Rent or other sums payable hereunder. The Lessee shall remain obliged under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by Law or otherwise to modify or to avoid strict compliance with its obligations under this Lease. All payments made to the Lessor hereunder as required hereby shall be final and the Lessee shall not seek recovery of, nor shall Lessee be entitled to recover, any such payment or any part thereof for any reason whatsoever, absent manifest error. (c) Lessee shall be entitled to bring a separate action against Lessor, Agent, or the Purchasers, as applicable, to enforce their respective obligations to Lessee hereunder or under the other Transaction Documents, but no such action (including any judgment received by Lessee in connection therewith) shall ever permit or grant Lessee the right to terminate this Lease or create any right of abatement, set-off, or other reduction or suspension of the payments due by Lessee hereunder.

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 (as defined below) 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 Net Fixed Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except Except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: : (i) any damage to or destruction of the Parcels or the Property or any part thereof by any cause whatsoever (including, without limitation, by fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12)Condemnation, including, without limitation, a temporary Condemnation of the Parcels or the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Parcels or the Property or any part thereof by any personPerson; (iv) any matter affecting title to the Parcel or the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Parcel or the Property or any part thereof, by reason of title paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federalFederal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof. (b) The Lessee shall remain obligated under this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting the Lessor or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. Except as expressly permitted in this Lease, the Lessee waives all rights to terminate or surrender this Lease, or to any abatement or deferment of Net Rent, Additional Rent or other sums payable hereunder. The Lessee shall remain obliged under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by Law or otherwise to modify or to avoid strict compliance with its obligations under this Lease. All payments made to the Lessor hereunder as required hereby shall be final and the Lessee shall not seek recovery of, nor shall Lessee be entitled to recover, any such payment or any part thereof for any reason whatsoever, absent manifest error. (c) Lessee shall be entitled to bring a separate action against Lessor, Agent, or the Purchasers, as applicable, to enforce their respective obligations to Lessee hereunder or under the other Transaction Documents, but no such action (including any judgment received by Lessee in connection therewith) shall ever permit or grant Lessee the right to terminate this Lease or create any right of abatement, set-off, or other reduction or suspension of the payments due by Lessee hereunder.the