Common use of No Termination, Abatement, etc Clause in Contracts

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of (a) any damage to, or destruction of, any Leased Property or any portion thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceedings affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunder. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Lease, Lessee Lessee, to the extent permitted by law, shall not remain bound by this Lease in accordance with its terms and shall neither take any action without the written consent of Lessor to modify, surrender or terminate the same, nor seek nor be entitled to any abatement, deduction, deferment or reduction of the Rent, or set-off setoff against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons reason of (a) any damage to, or destruction of, any Leased Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof; , (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, or the interference with such use by any personPerson, corporation, partnership or other entity, or by reason of eviction by paramount title; , (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i1) modify, surrender or terminate this Lease or quit or surrender the Lease Leased Property or any portion thereof; , or (ii2) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder, except as otherwise specifically provided in Article XV hereunderthis Lease. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Lessee hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunderTenant, Lessee to the extent permitted by law, shall not remain bound by this Lease in accordance with its terms and shall neither take any action without the consent of Landlord to modify, surrender or terminate the same, nor seek nor be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor Landlord and Lessee Tenant be otherwise affected by reasons reason of (a) any damage to, or destruction of, any Leased Property or any portion thereof; , from whatever cause, or any Condemnation of any Leased Property or any portion thereof (except as otherwise expressly and specifically provided in Section 15 or Section 16), (b) the interruption or discontinuation of any service or utility servicing any Leased Property, (c) the lawful or unlawful prohibition of, or restriction upon, LesseeTenant's use of the any Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; , (cd) any claim which Lessee that Tenant has or might have against Lessor Landlord or by reason of any default or breach of any warranty by Lessor Landlord under this Lease or any other agreement between Lessor Landlord and LesseeTenant, or to which Lessor Landlord and Lessee Tenant are parties; , (de) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor Landlord or any assignee or transferee of Lessor; Landlord, (f) revocation, suspension or non-renewal of any license, permit, approval or other Authorization necessary to operate any Facility, (g) any withholding, non-payment, reduction or other adverse change respecting any Facility Provider Agreement, Medicare, Medicaid or other Third Party Payor Program, (h) any admissions hold under Medicare, Medicaid or any Third Party Payor Program, or (ei) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee Tenant from any such obligations as a matter of law. Lessee Tenant hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease any Leased Property or any portion thereof; , or (ii) entitle Lessee Tenant to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease except as specifically provided in Article XV by Tenant hereunder. The obligations of Lessor Landlord and Lessee Tenant hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Tenant hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless and to the extent the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease as to any Leased Property other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Ground Sublease, Lessee Corporation shall remain bound by this Ground Sublease in accordance with its terms. The parties hereto may not modify, surrender or terminate this Ground Sublease, nor seek nor be entitled to any abatement, deduction, deferment or reduction of Rentthe rental payments due hereunder, or set-off setoff or recoupment against such amounts in a manner which materially effects the RentCorporation’s ability to meet its obligations under the Indenture. Except as expressly provided in this Ground Sublease, nor shall the respective obligations of Lessor University and Lessee Corporation shall not be otherwise affected by reasons reason of (a) any damage to, or destruction of, any Leased Property the Premises or any portion part thereof from whatever cause or any Taking (as hereinafter defined) of the Premises or any part thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's Corporationʹs use of the Leased PropertyPremises, or any portion part thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee either party hereto has or might have against Lessor the other party or by reason of any default or breach of any warranty by Lessor either party under this Lease Ground Sublease or any other agreement between Lessor University and LesseeCorporation, or to which Lessor University and Lessee Corporation are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings proceeding affecting Lessor either party or any assignee or transferee of Lessoreither party; or (ef) for any other cause cause, whether similar or dissimilar to any of the foregoing foregoing, other than a discharge of Lessee Corporation from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunder. The obligations of Lessor University and Lessee Corporation hereunder shall be separate and independent covenants and agreements and the Rent amounts due under this Lease hereunder and all other sums payable by Corporation hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease Ground Sublease or by termination of this Lease Ground Sublease other than by reason of an Event event of Defaultdefault hereunder.

No Termination, Abatement, etc. Except as otherwise specifically provided in this Master Lease, Tenant shall remain bound by this Master Lease in accordance with its terms, and shall, under Article XV hereunderno circumstances, Lessee shall not take any action without the written consent of Landlord to modify, surrender or terminate the same, or seek or be entitled to any suspension, abatement, deduction, deferment or reduction of Rent, or to any credit or set-off against against, or any deposit in trust or escrow, or to enjoin the Rentpayment of, nor shall or otherwise obtain equitable relief with respect to, the Rent or any other liabilities or obligations of Tenant hereunder, or any portion thereof. Without limiting the foregoing, except as may be otherwise specifically provided to the contrary in this Master Lease, the respective obligations of Lessor Landlord and Lessee Tenant shall not be otherwise affected by reasons reason of (ai) any damage to, to or destruction of, of the Property or any Leased portion thereof from whatever cause or any Condemnation of the Property or any portion thereof; (bii) the lawful or unlawful prohibition of, or restriction upon, Lessee's Tenant’s use of the Leased Property, Property or any portion thereof, or the interference with such use by any person, corporation, partnership or other entity, Person or by reason of eviction by paramount title; (ciii) any claim which Lessee that Tenant has or might have against Lessor or Landlord by reason of any default or breach of any warranty or representation by Lessor Landlord hereunder (if any) or under this Lease or any other agreement between Lessor Landlord and Lessee, Tenant or to which Lessor Landlord and Lessee Tenant are parties, or by statute or law, or otherwise, or any breach of Landlord’s covenants or obligations under this Master Lease; (div) any bankruptcy, insolvency, reorganization, compositionconsolidation, readjustment, liquidation, dissolution, winding-up winding up, receivership, conservatorship, resolution or other proceedings affecting Lessor Landlord or Tenant or any assignee or transferee of LessorLandlord or Tenant; or (ev) for any other cause cause, whether similar or dissimilar to any of the foregoing foregoing, including any pandemic or epidemic, other than a discharge of Lessee Tenant from any such obligations as a matter of law (and Tenant hereby irrevocably waives and relinquishes any such right of discharge to the greatest extent now or hereafter permitted by law). Lessee Tenant hereby specifically specifically, irrevocably and unconditionally further waives all rights, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law or in equity (a) to (i) modify, surrender or terminate this Master Lease in whole or in part or quit or surrender the Lease Property or any portion thereof; , or (iib) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunder. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.which may

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of (a) any damage to, or destruction of, any Leased Property or any portion thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceedings affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunderthis Lease, Tenant shall remain bound by this Lease in accordance with its terms. The obligations of Lessor Landlord and Lessee Tenant hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Tenant hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease as to all or any portion of the Leased Property other than by reason of an Event of Default. Without limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any damage to or destruction of the Leased Property, including any Capital Improvement or any portion thereof from whatever cause, or any Condemnation of the Leased Property, including any Capital Improvement or any portion thereof or, discontinuance of any service or utility servicing the same; (ii) the lawful or unlawful prohibition of, or restriction upon, Tenant’s use of the Leased Property, including any Capital Improvement or any portion thereof or the interference with such use by any Person or by reason of eviction by paramount title; (iii) any claim that Tenant has or might have against Landlord by reason of any default or breach of any warranty by Landlord hereunder or under any other agreement between Landlord and Tenant or to which Landlord and Tenant are parties; (iv) any bankruptcy, insolvency, reorganization, consolidation, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee or transferee of Landlord; or (v) for any other cause, whether similar or dissimilar to any of the foregoing. Tenant hereby specifically waives all rights arising from any occurrence whatsoever which may now or hereafter be conferred upon it by law (a) to modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (b) which may entitle Tenant to any abatement, deduction, reduction, suspension or deferment of or defense, counterclaim, claim or set-off against the Rent or other sums payable by Tenant hereunder, except in each case as may be otherwise specifically provided in this Lease. Notwithstanding the foregoing, nothing in this Article V shall preclude Tenant from bringing a separate action against Landlord for any matter described in the foregoing clauses (ii), (iii) or (v) and Tenant is not waiving other rights and remedies not expressly waived herein. Tenant's agreement that, except as may be otherwise specifically provided in this Lease, any eviction by paramount title as described in clause (ii) above shall not affect Tenant’s obligations under this Lease, shall not in any way discharge or diminish any obligation of any insurer under any policy of title or other insurance, and, to the extent the recovery thereof is not necessary to compensate Landlord for any damages incurred by any such eviction, Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurance in respect of any such eviction up to the maximum amount paid by Tenant to Landlord under this Article V and Article XIV hereof in respect of any such eviction or the duration thereof, and Landlord, upon request by Tenant, shall assign Landlord’s rights under such policies to Tenant provided such assignment does not adversely affect Landlord’s rights under any such policy and provided further, that Tenant shall indemnify, defend, protect and save Landlord harmless from and against any liability, cost or expense of any kind that may be imposed upon Landlord in connection with any such assignment except to the extent such liability, cost or expense arises from the gross negligence or willful misconduct of Landlord.

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of (a) any damage to, or destruction of, any Leased Property or any portion thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceedings affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunderthis Lease, Tenant shall remain bound by this Lease in accordance with its terms. The obligations of Lessor Landlord and Lessee Tenant hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Tenant hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease as to all or any portion of the Leased Property other than by reason of an Event of Default. Without limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any damage to or destruction of the Leased Property, including any Capital Improvement or any portion thereof from whatever cause, or any Condemnation of the Leased Property, including any Capital Improvement or any portion thereof or, discontinuance of any service or utility servicing the same; (ii) the lawful or unlawful prohibition of, or restriction upon, Tenant’s use of the Leased Property, including any Capital Improvement or any portion thereof or the interference with such use by any Person or by reason of eviction by paramount title; (iii) any claim that Tenant has or might have against Landlord by reason of any default or breach of any warranty by Landlord hereunder or under any other agreement between Landlord and Tenant or to which Landlord and Tenant are parties; (iv) any bankruptcy, insolvency, reorganization, consolidation, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee or transferee of Landlord; or (v) for any other cause, whether similar or dissimilar to any of the foregoing. Tenant hereby specifically waives all rights arising from any occurrence whatsoever which may now or hereafter be conferred upon it by law (a) to modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (b) which may entitle Tenant to any abatement, deduction, reduction, suspension or deferment of or defense, counterclaim, claim or set-off against the Rent or other sums payable by Tenant hereunder, except in each case as may be otherwise specifically provided in this Lease. Notwithstanding the foregoing, nothing in this Article V shall preclude Tenant from bringing a separate action against Landlord for any matter described in the foregoing clauses (ii), (iii) or (v) and Tenant is not waiving other rights and remedies not expressly waived herein. Tenant’s agreement that, except as may be otherwise specifically provided in this Lease, any eviction by paramount title as described in clause (ii) above shall not affect Tenant’s obligations under this Lease, shall not in any way discharge or diminish any obligation of any insurer under any policy of title or other insurance, and, to the extent the recovery thereof is not necessary to compensate Landlord for any damages incurred by any such eviction, Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurance in respect of any such eviction up to the maximum amount paid by Tenant to Landlord under this Article V and Article XIV hereof in respect of any such eviction or the duration thereof, and Landlord, upon request by Tenant, shall assign Landlord’s rights under such policies to Tenant provided such assignment does not adversely affect Landlord’s rights under any such policy and provided further, that Tenant shall indemnify, defend, protect and save Landlord harmless from and against any liability, cost or expense of any kind that may be imposed upon Landlord in connection with any such assignment except to the extent such liability, cost or expense arises from the gross negligence or willful misconduct of Landlord.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Lease, Lessee shall not take any action without the consent of Lessor to modify, surrender or terminate this Lease, and shall not seek or be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off setoff against the Rent. Except as otherwise specifically provided in this Lease, nor shall the respective obligations of Lessor and Lessee shall not be otherwise affected by reasons reason of (ai) any damage to, or destruction of, the Leased Properties or any portion thereof from whatever cause or any Taking of the Leased Property Properties or any portion thereof, other than any damage to or destruction of a Leased Property that Lessee conclusively establishes was caused solely by Lessor; (bii) the lawful or unlawful prohibition of, or restriction upon, Lessee's ’s use of the Leased PropertyProperties, or any portion thereof, or the interference with such use by any person, corporation, partnership or other entity, Person or by reason of eviction by paramount title, other than any prohibition or restriction of use of a Leased Property that Lessee conclusively establishes was solely caused by Lessor; (ciii) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , except where such claims result in a termination of this Lease, (div) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or (ev) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. For purposes of this Section 5.1, a matter shall be deemed to be conclusively established by Lessee if (a) Lessor agrees in writing or (b) (i) Lessee shall have given Lessor Notice thereof and a time reasonable under the circumstances to cure any claimed default of Lessor and (ii) Lessee thereafter establishes such contention in an arbitration proceeding as provided for in Article XXXV of this Lease. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property Leased Properties or any portion thereof; , or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder except as otherwise specifically provided in Article XV hereunder. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Lease, Lessee Lessee, to the extent permitted by law, shall not remain bound by this Lease in accordance with its terms and shall neither take any action without the written consent of Lessor to modify, surrender or terminate the same, nor seek nor be entitled to any abatement, deduction, deferment or reduction of the Rent, or set-off setoff against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons reason of (a) any damage to, or destruction of, any Leased Property or any portion thereof; (b) the lawful thereof from whatever cause or unlawful prohibition of, or restriction upon, Lessee's use any Taking of the Leased Property, Property or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (cb) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , (dc) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , (d) any lawful or unlawful prohibition of, or restriction upon, Lessee's use of Leased Property, or interference with such use, or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of lawforegoing. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i1) modify, surrender or terminate this Lease or quit or surrender the Lease Leased Property or any portion thereof; , or (ii2) entitle abat▇, ▇▇duce, suspend or defer Rent or other sums payable by Lessee to any abatementhereunder, reduction, suspension or deferment of the Rent payable under this Lease except as otherwise specifically provided in Article XV hereunderthis Lease. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Lessee hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically ------------------------------- provided under Article XV hereunderin this Lease, Lessee Lessee, to the extent permitted by law, shall not remain bound by this Lease in accordance with its terms and shall neither take any action without the written consent of Lessor to modify, surrender or terminate the same, nor seek nor be entitled to any abatement, deduction, deferment or reduction of the Rent, or set-off setoff against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons reason of (a) any damage to, or destruction of, any Leased Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof; , (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the any Leased Property, or any portion thereof, or the interference with such use by any person, corporation, partnership or other entity, Person or by reason of eviction by paramount title; , (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i1) modify, surrender or terminate this Lease or quit or surrender the Lease Leased Property or any portion thereof; , or (ii2) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder, except as otherwise specifically provided in Article XV hereunderthis Lease. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Lessee hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not take any action without the consent of Lessor to modify, surrender or terminate this Lease, and shall not seek or be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off setoff against the Rent, nor shall other than after the entry of a final judgment of a court of competent jurisdiction that Lessor has breached Section 30. 1. The respective obligations of Lessor and Lessee shall not be otherwise affected by reasons reason of (ai) any damage to, or destruction of, the Leased Properties or any portion thereof from whatever cause or any Taking of the Leased Property Properties or any portion thereof, except as expressly set forth herein; (bii) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased PropertyProperties, or any portion thereof, or the interference with such use by any person, corporation, partnership or other entity, Person or by reason of eviction by paramount titletitle (other than by the holder(s) of any Facility Mortgage(s) or other encumbrances now or hereafter placed on a Facility by Lessor and the claimants under liens attaching to a Facility as a result of Lessor's ownership of an interest therein); (ciii) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and LesseeLessee (other than Section 30.1), or to which Lessor and Lessee are parties; , (div) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or (ev) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property Leased Properties or any portion thereof; , or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder except as otherwise specifically provided in Article XV hereunder. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Lease, Lessee shall not take any action without the consent of Lessor to modify, surrender or terminate this Lease, and shall not seek or be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off setoff against the Rent. Except as otherwise specifically provided in this Lease, nor shall the respective obligations of Lessor and Lessee shall not be otherwise affected by reasons reason of (ai) any damage to, or destruction of, the Leased Properties or any portion thereof from whatever cause or any Taking of the Leased Property Properties or any portion thereof, other than any damage to or destruction of a Leased Property that Lessee conclusively establishes was caused solely by Lessor; (bii) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased PropertyProperties, or any portion thereof, or the interference with such use by any person, corporation, partnership or other entity, Person or by reason of eviction by paramount title, other than any prohibition or restriction of use of a Leased Property that Lessee conclusively establishes was solely caused by Lessor; (ciii) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , except where such claims result in a termination of this Lease, (div) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or (ev) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. For purposes of this Section 5.1, a matter shall be deemed to be conclusively established by Lessee if (a) Lessor agrees in writing or (b) (i) Lessee shall have given Lessor Notice thereof and a time reasonable under the circumstances to cure any claimed default of Lessor and (ii) Lessee thereafter establishes such contention in an arbitration proceeding as provided for in Article XXXV of this Lease. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property Leased Properties or any portion thereof; , or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder except as otherwise specifically provided in Article XV hereunder. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderset forth herein, Lessee this Sublease shall not terminate, nor shall Subtenant be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off setoff against the Rent, nor shall the respective obligations of Lessor Sublandlord and Lessee Subtenant be otherwise affected affected, by reasons reason of (a) any damage to, to or destruction ofof the Sublease Premises from whatever cause, any Leased Property taking or any portion thereof; (b) takings by eminent domain, the lawful law or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, use or any portion thereofoccupancy of the Sublease Premises for its intended purpose, the interference with such use or occupancy by any private person, corporation, partnership corporation or other entity, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding. The obligations of Sublandlord and Subtenant hereunder shall be separate and independent covenants and agreements and the rent payable by reason Subtenant hereunder shall continue to be payable in all events unless the obligations to pay the same shall be terminated pursuant to an express provision of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor this Sublease. Subtenant shall remain obligated under this Lease Sublease in accordance with its terms, and shall not take any action to terminate, rescind or any other agreement between Lessor and Lesseeavoid this Sublease, or to which Lessor and Lessee are parties; (d) notwithstanding any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor Sublandlord or any assignee of Sublandlord, and notwithstanding any action with respect to this Sublease that may be taken by a trustee or transferee receiver of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property Sublandlord or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment assignee of the Rent payable under this Lease except as specifically provided in Article XV hereunder. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease Sublandlord or by termination of this Lease other than by reason of an Event of Defaultany court proceedings.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Ground Sublease, Lessee Corporation shall remain bound by this Ground Sublease in accordance with its terms. The parties hereto may not modify, surrender or terminate this Ground Sublease, nor seek nor be entitled to any abatement, deduction, deferment or reduction of Rentthe rental payments due hereunder, or set-off setoff or recoupment against such amounts in a manner which materially effects the RentCorporation’s ability to meet its obligations under the Indenture. Except as expressly provided in this Ground Sublease, nor shall the respective obligations of Lessor University and Lessee Corporation shall not be otherwise affected by reasons reason of (a) any damage to, or destruction of, any Leased Property the Premises or any portion part thereof from whatever cause or any Taking (as hereinafter defined) of the Premises or any part thereof; (b) the lawful or unlawful prohibition of, or restriction upon, LesseeCorporation's use of the Leased PropertyPremises, or any portion part thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee either party hereto has or might have against Lessor the other party or by reason of any default or breach of any warranty by Lessor either party under this Lease Ground Sublease or any other agreement between Lessor University and LesseeCorporation, or to which Lessor University and Lessee Corporation are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings proceeding affecting Lessor either party or any assignee or transferee of Lessoreither party; or (ef) for any other cause cause, whether similar or dissimilar to any of the foregoing foregoing, other than a discharge of Lessee Corporation from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunder. The obligations of Lessor University and Lessee Corporation hereunder shall be separate and independent covenants and agreements and the Rent amounts due under this Lease hereunder and all other sums payable by Corporation hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease Ground Sublease or by termination of this Lease Ground Sublease other than by reason of an Event event of Defaultdefault hereunder.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderherein, Lessee shall not remain bound by this Lease in accordance with its terms and shall neither take any action to modify, surrender or terminate the same, nor seek nor be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons reason of (a) any damage to, or destruction of, any the Leased Property or any portion thereof from whatever cause or any Taking or any portion thereof; , (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, Property or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, Person or by reason of any eviction by paramount title; , or any other defect in title, or Lessee's acquisition of ownership of the Leased Property otherwise than pursuant to an express provision of this Lease, (c) any claim which Lessee has or might have against Lessor or against any of Lessor's Assignees, if any, or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or any action with respect to this Lease that may be taken by a trustee or receiver of Lessor or any assignee of Lessor or by any court in any such proceeding, or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of lawforegoing. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it available to Lessee by law or in equity to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Leased Property or any portion thereof; , or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder, except as otherwise specifically provided in Article XV hereunderthis Lease. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the net Basic Rent due under this Lease and Additional Rent and all other sums payable by Lessee hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of DefaultLease.

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of (a) any damage to, or destruction of, any Leased Property or any portion thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceedings affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunderthis Lease, Tenant shall remain bound by this Lease in accordance with its terms. The obligations of Lessor Landlord and Lessee Tenant hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Tenant hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease as to all or any portion of the Leased Property other than by reason of an a Tenant Event of Default.. Without limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any damage to or destruction of the Leased Property, including any Capital Improvement or any portion thereof from whatever cause, or any Condemnation of the Leased Property, including any Capital Improvement or any portion thereof or, discontinuance of any service or utility servicing the same; (ii) the lawful or unlawful prohibition of, or restriction upon, Tenant’s use of the Leased Property, including any Capital Improvement or any portion thereof or the interference with such use by any Person or by reason of eviction by paramount title; (iii) any claim that Tenant has or might have against Landlord by reason of any default or breach of any warranty by Landlord hereunder or under any other agreement between Landlord and Tenant or to which Landlord and Tenant are parties;

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Lease, Lessee Lessee, to the fullest extent permitted by law, shall not remain bound by this Lease in accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor seek or be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the such Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons reason of (a) any damage to, or destruction or condemnation of, any Leased Property or any portion thereofthereof from whatever cause, except as expressly provided in this Lease; (b) the any lawful or unlawful prohibition of, or restriction upon, Lessee's use of the any Leased Property, Property or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of any eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings proceeding affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as the result of a matter of lawjudicial decree. Lessee hereby specifically waives all rights, rights arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to whatsoever (i) to modify, surrender or terminate this Lease or quit or surrender the Lease any Leased Property or any portion thereof; or (ii) that entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder, except as otherwise specifically provided in Article XV hereunderthis Lease. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease Rent, Additional Charges and all other sums payable by Lessee hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations obligation to pay the same shall be have been terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default. Notwithstanding the foregoing, Lessee shall have the right, by separate and independent action, to pursue any claim it may have against Lessor.

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of (a) any damage to, or destruction of, any Leased Property or any portion thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceedings affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunderthis Lease, Tenant shall remain bound by this Lease in accordance with its terms. The obligations of Lessor Landlord and Lessee Tenant hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Tenant hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease as to all or any portion of the Leased Property other than by reason of an Event of Default.. Without limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any damage to or destruction of the Leased Property, including any Capital Improvement or any portion thereof from whatever cause, or any Condemnation of the Leased Property, including any Capital Improvement or any portion thereof or, discontinuance of any service or utility servicing the same; (ii) the lawful or unlawful prohibition of, or restriction upon, Tenant’s use of the Leased Property, including any Capital Improvement or any portion thereof or the interference with such use by any Person or by reason of eviction by paramount title; (iii) any claim that Tenant has or might have against Landlord by reason of any default or breach of any warranty by Landlord hereunder or under any other agreement between Landlord and Tenant or to which Landlord and Tenant are parties; (iv) any bankruptcy, insolvency, reorganization, consolidation, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee or transferee of Landlord; or (v) for any other cause, whether similar or dissimilar to any of the foregoing. Tenant hereby specifically waives all rights arising from any occurrence whatsoever which may now or hereafter be conferred upon it by law (a) to modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (b) which may entitle Tenant to any abatement, deduction, reduction, suspension or deferment of or defense, counterclaim, claim or set-off against the Rent or other sums payable by Tenant hereunder, except in each case as may be otherwise specifically provided in this Lease. Notwithstanding the foregoing, nothing in this Article V shall preclude 57 Tenant from bringing a separate action against Landlord for any matter described in the foregoing clauses (ii), (iii) or (v) and Tenant is not waiving other rights and remedies not expressly waived herein. Tenant's agreement that, except as may be otherwise specifically provided in this Lease, any eviction by paramount title as described in clause (ii) above shall not affect Tenant’s obligations under this Lease, shall not in any way discharge or diminish any obligation of any insurer under any policy of title or other insurance, and, to the extent the recovery thereof is not necessary to compensate Landlord for any damages incurred by any such eviction, Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurance in respect of any such eviction up to the maximum amount paid by Tenant to Landlord under this Article V and Article XIV hereof in respect of any such eviction or the duration thereof, and Landlord, upon request by Tenant, shall assign Landlord’s rights under such policies to Tenant provided such assignment does not adversely affect Landlord’s rights under any such policy and provided further, that Tenant shall indemnify, defend, protect and save Landlord harmless from and against any liability, cost or expense of any kind that may be imposed upon Landlord in connection with any such assignment except to the extent such liability, cost or expense arises from the gross negligence or willful misconduct of Landlord. ARTICLE VI

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of (a) any damage to, or destruction of, any Leased Property or any portion thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceedings affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunderthis Lease, Tenant shall remain bound by this Lease in accordance with its terms. The obligations of Lessor Landlord and Lessee Tenant hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease and all other sums payable by Tenant hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease as to all or any portion of the Leased Property other than by reason of an Event of Default. Without limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any damage to or destruction of the Leased Property, including any Capital Improvement or any portion thereof from whatever cause, or any Condemnation of the Leased Property, including any Capital Improvement or any portion thereof or, discontinuance of any service or utility servicing the same; (ii) the lawful or unlawful prohibition of, or restriction upon, Tenant’s use of the Leased Property, including any Capital Improvement or any portion thereof or the interference with such use by any Person or by reason of eviction by paramount title; (iii) any claim that Tenant has or might have against Landlord by reason of any default or breach of any warranty by Landlord hereunder or under any other agreement between Landlord and Tenant or to which Landlord and Tenant are parties; (iv) any bankruptcy, insolvency, reorganization, consolidation, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee or transferee of Landlord; or (v) for any other cause, whether similar or dissimilar to any of the foregoing. Tenant hereby specifically waives all rights arising from any occurrence whatsoever which may now or hereafter be conferred upon it by law (a) to modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (b) which may entitle Tenant to any abatement, deduction, reduction, suspension or deferment of or defense, counterclaim, claim or set-off against the Rent or other sums payable by Tenant hereunder, except in each case as may be otherwise specifically provided in this Lease. Notwithstanding the foregoing, nothing in this Article V shall preclude Tenant from bringing a separate action against Landlord for any matter described in the foregoing clauses (ii), (iii) or (v) and Tenant is not waiving other rights and remedies not expressly waived herein. Tenant's agreement that, except as may be otherwise specifically provided in this Lease, any eviction by paramount title as described in item (ii) above shall not affect Tenant’s obligations under this Lease, shall not in any way discharge or diminish any obligation of any insurer under any policy of title or other insurance, and, to the extent the recovery thereof is not necessary to compensate Landlord for any damages incurred by any such eviction, Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurance in respect of any such eviction up to the maximum amount paid by Tenant to Landlord under this Article V and Article XIV hereof in respect of any such eviction or the duration thereof, and Landlord, upon request by Tenant, shall assign Landlord’s rights under such policies to Tenant provided such assignment does not adversely affect Landlord’s rights under any such policy and provided further, that Tenant shall indemnify, defend, protect and save Landlord harmless from and against any liability, cost or expense of any kind that may be imposed upon Landlord in connection with any such assignment except to the extent such liability, cost or expense arises from the gross negligence or willful misconduct of Landlord.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderherein or in § 13.13 of the Operating Agreement, Lessee shall not remain bound by this Lease in accordance with its terms and shall neither take any action to modify, surrender or terminate the same, nor be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of due to (a) any damage to, or destruction of, any the Leased Property or any portion thereof; Property, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's ’s use of the Leased Property, Property or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, Person or by reason of any eviction by paramount title; , or any other defect in title, or Lessee’s acquisition of ownership of the Leased Property otherwise than pursuant to an express provision of this Lease, (c) any claim which Lessee has or might have against Lessor or against any of Lessor’s Assignee, if any, or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or any action with respect to this Lease that may be taken by a trustee or receiver of Lessor or any assignee of Lessor or by any court in any such proceeding, or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of lawforegoing. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it available to Lessee by law or in equity to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Leased Property or any portion thereof; , or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder, except as otherwise specifically provided in Article XV hereunderthis Lease. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the net Basic Rent due under this Lease and Additional Rent and all other sums payable by Lessee hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of DefaultLease.

No Termination, Abatement, etc. Except as otherwise specifically provided in this Master Lease, Tenant shall remain bound by this Master Lease in accordance with its terms, and shall, under Article XV hereunderno circumstances, Lessee shall not neither take any action without the written consent of Landlord to modify, surrender or terminate the same, nor seek or be entitled to any suspension, abatement, deduction, deferment or reduction of Rent, or set-off against to any credit or set‑off against, or any deposit in trust or escrow, or to enjoin the Rentpayment of, nor shall or otherwise obtain equitable relief with respect to, the Rent or any other liabilities or obligations of Tenant hereunder, or any portion thereof. Without limiting the foregoing, except as may be otherwise specifically provided to the contrary in this Master Lease, the respective obligations of Lessor Landlord and Lessee Tenant shall not be otherwise affected by reasons reason of (ai) any damage to, to or destruction of, of the Demised Premises or the Property or any Leased Property portion thereof from whatever cause or any Condemnation of the Demised Premises or any portion thereof; (bii) other than as a direct result of Landlord’s willful misconduct or gross negligence, the lawful or unlawful prohibition of, or restriction upon, Lessee's Tenant’s use of the Leased Property, Demised Premises or any portion thereof, or the interference with such use by any person, corporation, partnership or other entity, Person or by reason of eviction by paramount title; (ciii) any claim which Lessee that Tenant has or might have against Lessor or Landlord by reason of any default or breach of any warranty or representation by Lessor Landlord hereunder (if any) or under this Lease or any other agreement between Lessor Landlord and Lessee, Tenant or to which Lessor Landlord and Lessee Tenant are parties, or by statute or law, or otherwise, or any breach of Landlord’s covenants or obligations under this Master Lease; (div) any bankruptcy, insolvency, reorganization, compositionconsolidation, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor Landlord or Tenant or any assignee or transferee of LessorLandlord or Tenant; or (ev) for any other cause cause, whether similar or dissimilar to any of the foregoing foregoing, other than a discharge of Lessee Tenant from any such obligations as a matter of law (and Tenant hereby waives and relinquishes any such right of discharge to the greatest extent now or hereafter permitted by law). Lessee Tenant hereby specifically and unconditionally further waives all rights, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law or in equity (a) to (i) modify, surrender or terminate this Master Lease in whole or in part or quit or surrender the Lease Property Demised Premises or any portion thereof; thereof (except with respect to any Terminated Space), or (iib) which may entitle Lessee Tenant to any abatement, reduction, suspension suspension, deferment, stay or deferment enjoining of the payment of the Rent or other sums payable under this Lease by Tenant hereunder except in each case as may be otherwise specifically provided to the contrary in this Master Lease. Notwithstanding the foregoing, nothing in this Article XV hereunderV shall preclude Tenant from bringing a separate action against Landlord for any matter described in the foregoing clause (ii), with respect to Landlord’s willful misconduct or gross negligence only, (iii), (iv) or (v) but specifically excluding any matter referred to in clause (i), and Tenant is not waiving other rights and remedies not expressly waived herein, subject to all other terms and conditions of this Master Lease (including without limitation Section 21.3). The obligations of Lessor Landlord and Lessee Tenant hereunder shall be separate and independent covenants and agreements agreements, and the Rent due under this Lease and all other sums payable by Tenant hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Master Lease or by termination of this Master Lease as to all or any portion of the Demised Premises other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Lease, Lessee shall remain bound by this Lease in accordance with its terms and shall not take any action without the consent of Lessor to modify, surrender or terminate the same, and shall not seek or be entitled to any abatement, deduction, deferment or reduction of Rent, or set-set off against the Rent, nor shall the . The respective obligations of Lessor and Lessee shall not be otherwise affected by reasons reason of (ai) any damage to, or destruction of, any Leased Property or any portion thereof from whatever cause or any Taking of any Leased Property or any portion thereof, except as expressly set forth herein; (bii) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the any Leased Property, or any portion thereof, or the interference with such use by any person, corporation, partnership Person (other than Lessor or other entity, its employees or agents) or by reason of eviction by paramount title; (ciii) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; , (div) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding-winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor; , or (ev) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease any Leased Property or any portion thereof; , or (ii) except as otherwise specifically provided in this Lease, entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease by Lessee hereunder except as otherwise specifically provided in Article XV hereunder. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

No Termination, Abatement, etc. Except as otherwise specifically provided under Article XV hereunderin this Lease, Lessee Operating Lessee, to the maximum extent permitted by law, shall not remain bound by this Lease in accordance with its terms and shall neither take any action without the consent of Operating Lessor to modify, surrender or terminate this Lease, nor seek, nor be entitled to to, any abatement, deduction, deferment or reduction of the Rent, or set-set off against the Rent, nor shall the respective obligations of Operating Lessor and Operating Lessee be otherwise affected by reasons reason of (a) any damage to, to or destruction of, any of the Leased Property or any portion thereofthereof from whatever cause or any Condemnation; (b) the lawful or unlawful prohibition of, or restriction upon, Operating Lessee's use of the Leased Property, or any portion thereof, or the interference with such use by any personPerson, corporationexcept to the extent that a court of competent jurisdiction has issued a final, partnership or other entity, or by reason of eviction by paramount titlenon-appealable order determining that Operating Lessee was constructively evicted from the Leased Property; (c) any claim which that Operating Lessee has or might may have against Operating Lessor or by reason of any default or breach of any warranty by Operating Lessor under this Lease or any other agreement between Operating Lessor and Operating Lessee, or to which Operating Lessor and Operating Lessee are partiesparties (except for the Consent and Assignment); (d) any bankruptcy, insolvency, reorganization, composition, readjustment, readjustment liquidation, dissolution, winding-winding up or other proceedings affecting Operating Lessor or any assignee or transferee of Operating Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing foregoing, other than a discharge of Operating Lessee from any such obligations as a matter of law; provided, however, that the foregoing shall not apply or be construed to restrict any other rights Operating Lessee may have as a result of any act or omission by Operating Lessor constituting gross negligence or willful misconduct. Operating Lessee hereby specifically waives all rights, rights arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law law, to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Leased Property or any portion thereof; , or (ii) entitle Operating Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable under this Lease or other obligations to be performed by Operating Lessee hereunder, except as otherwise specifically provided in Article XV hereunderthis Lease and except to the extent that a court of competent jurisdiction has issued a final, non-appealable order determining that Operating Lessee was constructively evicted from the Leased Property. The obligations of Lessor and Operating Lessee hereunder shall be separate and independent covenants and agreements agreements, and the Rent due under this Lease and all other sums payable by Operating Lessee hereunder shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, events unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason shall be terminated. Notwithstanding anything set forth in this Lease to the contrary, in any instance where, after the occurrence of a Default or an Event of Default, this Lease expressly permits Operating Lessor to retain funds which, but for the Default or Event of Default, would be payable to Operating Lessee, Operating Lessor shall refund such funds to Operating Lessee to the extent the amount exceeds the amount estimated by Operating Lessor in good faith to be necessary to compensate Operating Lessor for any cost, loss, or damage incurred or reasonably expected to be incurred in connection with such Default or Event of Default.

No Termination, Abatement, etc. Except as specifically provided under Article XV hereunder, Lessee shall not be entitled to any abatement, deduction, deferment or reduction of Rent, or set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reasons of (a) any damage to, or destruction of, any Leased Property property or any portion thereof; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Leased Property, or any portion thereof, the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; (c) any claim which Lessee has or might have against Lessor or by reason of any default or breach of any warranty by Lessor under this Lease or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties; (d) any bankruptcy, insolvency, insolvency reorganization, composition, readjustment, liquidation, dissolution, winding-up or other proceedings affecting Lessor or any assignee or transferee of Lessor; or (e) for any other cause whether similar or dissimilar to any of the foregoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the Lease Leased Property or any portion thereof; or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent payable under this Lease except as specifically provided in Article XV hereunderLease. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent due under this Lease shall continue to be payable in all events, irrespective of Lessor's performance or non-performance under this Lease, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of DefaultLease.