Common use of NO COUNTERCLAIM, ABATEMENT, ETC Clause in Contracts

NO COUNTERCLAIM, ABATEMENT, ETC. Basic Rent and Additional Rent shall be paid without notice, demand, counterclaim, setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Lessee hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any part thereof; (b) any restriction or prevention of or interference with any use of the Property or any part thereof; (c) any title defect or encumbrance or any eviction from the Property or any part thereof by title paramount or otherwise; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Lessor, or any action taken with respect to this Lease by any trustee or receiver of Lessor (other than a rejection of this Lease by such trustee or receiver pursuant to the provisions of (S)365 of the Bankruptcy Code), or by any court, in any such proceeding; (e) any claim which Lessee has or might have against Lessor; (f) any failure on the part of Lessor to perform or comply with any of the terms hereof or of any other agreement with Lessee; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing; whether or not Lessee shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Lessee waives all rights now or hereafter conferred by statute or otherwise (other than the right, if any, as may be available to Lessee to reject this Lease in accordance with the provisions of (S)365 of the Bankruptcy Code, to the extent that such right is not waivable under applicable law) to quit, terminate or surrender this Lease or the Property or any part thereof, or to any abatement, suspension, deferment, diminution or reduction of Basic Rent, Additional Rent or any other sum payable by Lessee hereunder.

NO COUNTERCLAIM, ABATEMENT, ETC. Basic Rent This Lease is a net Lease and Additional Rent except to the extent otherwise expressly provided in this Lease, the scheduled rent and all other sums payable by Lessee hereunder shall be paid without notice, demand, counterclaimoffset, setoffsuspension, deduction or defense abatement and without abatement, suspension, deferment, diminution or reduction, this Lease shall continue in full force and effect and the obligations and liabilities of Lessee hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: (a) : 3.5.1. any damage to or destruction of or any Taking condemnation or similar taking of the Property Demised Premises or any part thereof; (b) ; 3.5.2. any restriction or prevention of or interference with any use of the Property Demised Premises or any part thereof; (c) ; 3.5.3. any title defect or encumbrance or any eviction from the Property or any part thereof by title paramount or otherwise; (d) encumbrance: 3.5.4. any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation reorganization or other like proceeding relating to Lessor, or any action taken with respect to this Lease by any trustee or receiver of Lessor (other than a rejection of this Lease by such trustee or receiver pursuant to the provisions of (S)365 of the Bankruptcy Code), Lessee or by any court, in any such proceeding; (e) ; 3.5.5. any claim which Lessee has or might have against Lessor; (f) ; 3.5.6. any default or failure on the part of Lessor to perform or comply with any of the terms hereof or of any other agreement with Lessee; or (g) or 3.5.7. any other occurrence whatsoever, whether similar or dissimilar to the foregoing; , any present or future law to the contrary notwithstanding, whether or not Lessee shall have notice or knowledge of any of the foregoing. Except as expressly provided hereinin Sections 7.2. and 8.2. hereof, Lessee waives all rights now or hereafter conferred by statute or otherwise (other than the right, if any, as may be available to Lessee to reject this Lease in accordance with the provisions of (S)365 of the Bankruptcy Code, to the extent that such right is not waivable under applicable law) to quit, terminate or surrender this Lease or the Property Demised Premises, or any part thereof, or to any abatement, suspension, deferment, diminution or reduction of Basic Rent, Additional Rent rent or any other sum payable by Lessee hereunder.. Nothing contained herein shall relieve Lessor of its liability to Lessee for Lessor's breach of any of its obligations under this Lease. Big 5, Fontana, CA 2-12-96 (8)

NO COUNTERCLAIM, ABATEMENT, ETC. Basic Rent and Additional Rent shall be paid without notice, demand, counterclaim, setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Lessee hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any part thereof; (b) any restriction or prevention of or interference with any use of the Property or any part thereof; (c) any title defect or encumbrance or any eviction from the Property or any part thereof by title paramount or otherwise; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Lessor, or any action taken with respect to this Lease by any trustee or receiver of Lessor (other than a rejection of this Lease by such trustee or receiver pursuant to the provisions of (S)365 of the Bankruptcy Code), or by any court, in any such proceeding; (e) any claim which Lessee has or might have against Lessor; (f) any failure -6- on the part of Lessor to perform or comply with any of the terms hereof or of any other agreement with Lessee; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing; whether or not Lessee shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Lessee waives all rights now or hereafter conferred by statute or otherwise (other than the right, if any, as may be available to Lessee to reject this Lease in accordance with the provisions of (S)365 of the Bankruptcy Code, to the extent that such right is not waivable under applicable law) to quit, terminate or surrender this Lease or the Property or any part thereof, or to any abatement, suspension, deferment, diminution or reduction of Basic Rent, Additional Rent or any other sum payable by Lessee hereunder.

NO COUNTERCLAIM, ABATEMENT, ETC. Basic Except as otherwise specifically provided herein, Rent and Additional Rent all other sums payable by Tenant hereunder shall be paid without notice, demand, noncompulsory counterclaim, setoff, deduction or defense defense, and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Lessee Tenant hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: of (a) any damage to or destruction of or any Taking (as hereinafter defined) of the Property Premises, including improvements thereto or any part thereof; (b) any restriction or prevention of or interference with any use of the Property or any part thereof; (c) any title defect or encumbrance or any eviction from the Property Premises, including improvements thereto or any part thereof other than by title paramount or otherwiseLandlord; (dc) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Lessor, or any action taken with respect to this Lease by any trustee or receiver of Lessor (other than a rejection of this Lease by such trustee or receiver pursuant to the provisions of (S)365 of the Bankruptcy Code), or by any court, in any such proceedingLandlord; (ed) any claim which Lessee Tenant has or might have against LessorLandlord; or (fe) any failure on the part of Lessor Landlord to perform or comply with any of the terms hereof or of any other agreement with Lessee; or (g) any other occurrence whatsoeverTenant, whether similar or dissimilar to the foregoing; whether or not Lessee Tenant shall have notice or knowledge of any of the foregoing. Nothing contained in the preceding sentence shall preclude Tenant from bringing an independent action against Landlord. Except as expressly provided hereinin this Lease, Lessee Tenant waives all rights now or hereafter conferred by statute or otherwise (other than the right, if any, as may be available to Lessee to reject this Lease in accordance with the provisions of (S)365 of the Bankruptcy Code, to the extent that such right is not waivable under applicable law) to quit, terminate or surrender this Lease or the Property Premises or any part thereof, or to any abatement, suspension, deferment, diminution or reduction of Basic Rent, Additional Rent rent or any other sum payable by Lessee Tenant hereunder.