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

No Termination, Abatement, etc. Except as otherwise specifically set forth herein, this Sublease shall not terminate, nor shall Subtenant be entitled to any abatement, deduction, deferment or reduction of Rent, or setoff against Rent, nor shall the respective obligations of Sublandlord and Subtenant be otherwise affected, by reason of damage to or destruction of the Sublease Premises from whatever cause, any taking or takings by eminent domain, the law or unlawful prohibition of the use or occupancy of the Sublease Premises for its intended purpose, the interference with such use or occupancy by any private person, 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 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 this Sublease. Subtenant shall remain obligated under this Sublease in accordance with its terms, and shall not take any action to terminate, rescind or avoid this Sublease, notwithstanding any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Sublandlord or any assignee of Sublandlord, and notwithstanding any action with respect to this Sublease that may be taken by a trustee or receiver of Sublandlord or any assignee of Sublandlord or by any court proceedings.

No Termination, Abatement, etc. Except as otherwise specifically set forth hereinprovided in this Lease, Tenant shall remain bound by this Sublease shall not terminate, nor shall Subtenant be entitled to any abatement, deduction, deferment or reduction of Rent, or setoff against Rent, nor shall the respective obligations of Sublandlord and Subtenant be otherwise affected, by reason of damage to or destruction of the Sublease Premises from whatever cause, any taking or takings by eminent domain, the law or unlawful prohibition of the use or occupancy of the Sublease Premises for Lease in accordance with its intended purpose, the interference with such use or occupancy by any private person, corporation or other entity, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstandingterms. The obligations of Sublandlord Landlord and Subtenant Tenant hereunder shall be separate and independent covenants and agreements and the rent Rent and all other sums payable by Subtenant Tenant hereunder shall continue to be payable in all events unless the obligations to pay the same shall be terminated pursuant to an the express provision provisions of this SubleaseLease or by termination of this Lease as to all or any portion of the Leased Property other than by reason of a Tenant Event of Default. Subtenant shall remain obligated under this Sublease in accordance with its termsWithout limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not take be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any action damage to terminateor destruction of the Leased Property, rescind including any Capital Improvement or avoid this Subleaseany portion thereof from whatever cause, notwithstanding 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, compositionconsolidation, readjustment, liquidation, dissolution, winding up or other proceedings affecting Sublandlord Landlord or any assignee or transferee of SublandlordLandlord; 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 notwithstanding 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 action with respect to this Sublease 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 taken by a trustee imposed upon Landlord in connection with any such assignment except to the extent such liability, cost or receiver expense arises from the gross negligence or willful misconduct of Sublandlord or any assignee of Sublandlord or by any court proceedings.Landlord. ARTICLE VI

No Termination, Abatement, etc. Except as otherwise specifically set forth hereinprovided in this Lease, Tenant shall remain bound by this Sublease shall not terminate, nor shall Subtenant be entitled to any abatement, deduction, deferment or reduction of Rent, or setoff against Rent, nor shall the respective obligations of Sublandlord and Subtenant be otherwise affected, by reason of damage to or destruction of the Sublease Premises from whatever cause, any taking or takings by eminent domain, the law or unlawful prohibition of the use or occupancy of the Sublease Premises for Lease in accordance with its intended purpose, the interference with such use or occupancy by any private person, corporation or other entity, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstandingterms. The obligations of Sublandlord Landlord and Subtenant Tenant hereunder shall be separate and independent covenants and agreements and the rent Rent and all other sums payable by Subtenant Tenant hereunder shall continue to be payable in all events unless the obligations to pay the same shall be terminated pursuant to an the express provision provisions of this SubleaseLease 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. Subtenant shall remain obligated under this Sublease in accordance with its termsWithout limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not take be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any action damage to terminateor destruction of the Leased Property, rescind including any Capital Improvement or avoid this Subleaseany portion thereof from whatever cause, notwithstanding 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, compositionconsolidation, readjustment, liquidation, dissolution, winding up or other proceedings affecting Sublandlord Landlord or any assignee or transferee of SublandlordLandlord; 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 notwithstanding 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 action with respect to this Sublease 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 taken by a trustee imposed upon Landlord in connection with any such assignment except to the extent such liability, cost or receiver expense arises from the gross negligence or willful misconduct of Sublandlord or any assignee of Sublandlord or by any court proceedings.Landlord. ARTICLE VI

No Termination, Abatement, etc. Except as otherwise specifically set forth hereinprovided in this Ground Sublease, Corporation shall remain bound by this Ground Sublease shall in accordance with its terms. The parties hereto may not terminatemodify, surrender or terminate this Ground Sublease, nor shall Subtenant seek nor be entitled to any abatement, deduction, deferment or reduction of Rentthe rental payments due hereunder, or setoff or recoupment against Rentsuch amounts in a manner which materially effects the Corporation’s ability to meet its obligations under the Indenture. Except as expressly provided in this Ground Sublease, nor shall the respective obligations of Sublandlord University and Subtenant Corporation shall not be otherwise affected, affected by reason of (a) any damage to to, or destruction of, the Premises or any part thereof from whatever cause or any Taking (as hereinafter defined) of the Sublease Premises from whatever cause, or any taking or takings by eminent domain, part thereof; (b) the law lawful or unlawful prohibition of, or restriction upon, Corporation's use of the use Premises, or occupancy of the Sublease Premises for its intended purposeany part thereof, the interference with such use or occupancy by any private person, corporation corporation, partnership or other entity, or for by reason of eviction by paramount title; (c) any claim which either party hereto has or might have against the other party or by reason of any default or breach of any warranty by either party under this Ground Sublease or any other cause agreement between University and Corporation, or to which University and Corporation are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceeding affecting either party or any assignee or transferee of either party; or (f) any other cause, whether similar or dissimilar to any of the foregoing, other than a discharge of Corporation from any present or future law to the contrary notwithstandingsuch obligations as a matter of law. The obligations of Sublandlord University and Subtenant Corporation hereunder shall be separate and independent covenants and agreements and the rent amounts due hereunder and all other sums payable by Subtenant Corporation hereunder shall continue to be payable in all events unless the obligations to pay the same shall be terminated pursuant to an the express provision provisions of this Sublease. Subtenant shall remain obligated under this Ground Sublease in accordance with its terms, and shall not take any action to terminate, rescind or avoid this Sublease, notwithstanding any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Sublandlord or any assignee of Sublandlord, and notwithstanding any action with respect to this Sublease that may be taken by a trustee or receiver of Sublandlord or any assignee of Sublandlord or by any court proceedingstermination of this Ground Sublease other than by reason of an event of default hereunder.

No Termination, Abatement, etc. Except as otherwise specifically set forth hereinprovided in this Lease, Tenant shall remain bound by this Sublease shall not terminate, nor shall Subtenant be entitled to any abatement, deduction, deferment or reduction of Rent, or setoff against Rent, nor shall the respective obligations of Sublandlord and Subtenant be otherwise affected, by reason of damage to or destruction of the Sublease Premises from whatever cause, any taking or takings by eminent domain, the law or unlawful prohibition of the use or occupancy of the Sublease Premises for Lease in accordance with its intended purpose, the interference with such use or occupancy by any private person, corporation or other entity, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstandingterms. The obligations of Sublandlord Landlord and Subtenant Tenant hereunder shall be separate and independent covenants and agreements and the rent Rent and all other sums payable by Subtenant Tenant hereunder shall continue to be payable in all events unless the obligations to pay the same shall be terminated pursuant to an the express provision provisions of this SubleaseLease 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. Subtenant shall remain obligated under this Sublease in accordance with its termsWithout limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not take be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any action damage to terminateor destruction of the Leased Property, rescind including any Capital Improvement or avoid this Subleaseany portion thereof from whatever cause, notwithstanding 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, compositionconsolidation, readjustment, liquidation, dissolution, winding up or other proceedings affecting Sublandlord Landlord or any assignee or transferee of SublandlordLandlord; 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 notwithstanding 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 action with respect to this Sublease 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 taken by a trustee imposed upon Landlord in connection with any such assignment except to the extent such liability, cost or receiver expense arises from the gross negligence or willful misconduct of Sublandlord or any assignee of Sublandlord or by any court proceedingsLandlord.

No Termination, Abatement, etc. Except as otherwise specifically set forth hereinprovided in this Lease, Tenant shall remain bound by this Sublease shall not terminate, nor shall Subtenant be entitled to any abatement, deduction, deferment or reduction of Rent, or setoff against Rent, nor shall the respective obligations of Sublandlord and Subtenant be otherwise affected, by reason of damage to or destruction of the Sublease Premises from whatever cause, any taking or takings by eminent domain, the law or unlawful prohibition of the use or occupancy of the Sublease Premises for Lease in accordance with its intended purpose, the interference with such use or occupancy by any private person, corporation or other entity, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstandingterms. The obligations of Sublandlord Landlord and Subtenant Tenant hereunder shall be separate and independent covenants and agreements and the rent Rent and all other sums payable by Subtenant Tenant hereunder shall continue to be payable in all events unless the obligations to pay the same shall be terminated pursuant to an the express provision provisions of this SubleaseLease or by termination of this Lease as to all or any portion of the Leased Property other than by reason of a Tenant Event of Default. Subtenant shall remain obligated under this Sublease in accordance with its termsWithout limitation of the preceding sentence, the respective obligations of Landlord and Tenant shall not take be affected by reason of, except as expressly set forth in Articles XIV and XV, (i) any action damage to terminateor destruction of the Leased Property, rescind or avoid this Sublease, notwithstanding including any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Sublandlord Capital Improvement or any assignee of Sublandlordportion thereof from whatever cause, and notwithstanding any action with respect to this Sublease that may be taken by a trustee or receiver of Sublandlord or any assignee Condemnation of Sublandlord 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 court proceedings.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;