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

No Termination, Abatement, etc. Except as otherwise specifically provided in this Lease, and except for loss of any Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, shall 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 against the Rent, nor shall the obligations of Lessee be otherwise affected by 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 Person or by reason of eviction other than by paramount title except as otherwise specifically provided in this Lease and except to the extent that a court of competent jurisdiction has issued a final, nonappealable order determining that Lessee was constructively evicted from the Leased Property, (c) any claim which Lessee has or might have against Lessor 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,

Appears in 1 contract

Samples: Lease Agreement (Felcor Suite Hotels Inc)

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No Termination, Abatement, etc. Except as otherwise specifically provided in this Lease, and except for loss of any Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, Tenant shall remain bound by this Lease in accordance with its terms and terms. Tenant shall neither take any action not, without the written consent of Lessor to Landlord, modify, surrender or terminate the sameLease, nor seek nor be entitled to any abatement, deduction, deferment or reduction of the Rent, or set set-off against the Rent. Except as expressly provided in this Lease, nor shall the obligations of Lessee Landlord and Tenant shall not be otherwise affected by reason of (ai) 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 Leased Property Premises or any portion part thereof, ; or (bii) the lawful or unlawful prohibition of, or restriction upon, LesseeTenant's use of the Leased PropertyPremises, or any portion part thereof, or the interference with such use by any Person person, corporation, partnership or other entity, or by reason of eviction other than by paramount title except title. Except as otherwise specifically provided in this Lease and except Lease, Tenant hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it by law to the extent that a court of competent jurisdiction has issued a finalmodify, nonappealable order determining that Lessee was constructively evicted from the Leased Property, (c) any claim which Lessee has surrender or might have against Lessor by reason of any default or breach of any warranty by Lessor under terminate this Lease or quit or surrender the Premises or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are parties, (d) any bankruptcy, insolvency, reorganization,portion thereof.

Appears in 1 contract

Samples: Lease Agreement (American Retirement Corp)

No Termination, Abatement, etc. Except as otherwise specifically provided in this LeaseAgreement, each of Landlord and except for loss of any Franchise Agreement solely by reason of any action or inaction by Lessor, LesseeTenant, to the maximum extent permitted by law, shall remain bound by this Lease Agreement in accordance with its terms and shall neither not take any action without the written consent of Lessor the other to modify, surrender or terminate the samethis Agreement. In addition, nor seek nor except as otherwise expressly provided in this Agreement, Tenant shall not seek, or 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 Lessee Landlord and Tenant be otherwise affected by reason of of: (a) any damage to, to or destruction of, any Leased of the Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, Condemnation; (b) the lawful or unlawful prohibition of, or restriction upon, LesseeTenant's use of the Leased Property, or any portion thereof, or the interference with such use by any Person or by reason of eviction other than by paramount title except as otherwise specifically provided in this Lease and except to the extent that a court of competent jurisdiction has issued a final, nonappealable order determining that Lessee was constructively evicted from the Leased Property, title; (c) any claim which Lessee has or might Tenant may have against Lessor Landlord by reason of any default or breach of any warranty by Lessor Landlord under this Lease Agreement or any other agreement between Lessor Landlord and LesseeTenant, or to which Lessor Landlord and Lessee Tenant are parties, ; (d) any bankruptcy, insolvency, reorganization,, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord - 27 - or any assignee or transferee of Landlord; or (e) any other cause whether similar or dissimilar to any of the foregoing, except as otherwise specifically provided in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hospitality Properties Trust)

No Termination, Abatement, etc. Except as otherwise specifically provided in this LeaseAgreement, each of Landlord and except for loss of any Franchise Agreement solely by reason of any action or inaction by Lessor, LesseeTenant, to the maximum extent permitted by law, shall remain bound by this Lease Agreement in accordance with its terms and shall neither not take any action without the written consent of Lessor the other to modify, surrender or terminate the samethis Agreement. In addition, nor seek nor except as otherwise expressly provided in this Agreement, Tenant shall not seek, or 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 Lessee Landlord and Tenant be otherwise affected by reason of of: (a) any damage to, to or destruction of, any Leased of the Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, Condemnation; (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's Tenant’s use of the Leased Property, or any portion thereof, or the interference with such use by any Person or by reason of eviction other than by paramount title except as otherwise specifically provided in this Lease and except to the extent that a court of competent jurisdiction has issued a final, nonappealable order determining that Lessee was constructively evicted from the Leased Property, title; (c) any claim which Lessee has or might Tenant may have against Lessor Landlord by reason of any default or breach of any warranty by Lessor Landlord under this Lease Agreement or any other agreement between Lessor Landlord and LesseeTenant, or to which Lessor Landlord and Lessee Tenant are parties, ; (d) any bankruptcy, insolvency, reorganization,, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee or transferee of Landlord; or (e) any other cause whether similar or dissimilar to any of the foregoing, except as otherwise specifically provided in this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Hospitality Properties Trust)

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No Termination, Abatement, etc. Except as otherwise specifically provided in this LeaseAgreement, each of Landlord and except for loss of any Franchise Agreement solely by reason of any action or inaction by Lessor, LesseeTenant, to the maximum extent permitted by law, shall remain bound by this Lease Agreement in accordance with its terms and shall neither not take any action without the written consent of Lessor the other to modify, surrender or terminate the samethis Agreement. In addition, nor seek nor except as otherwise expressly provided in this Agreement, Tenant shall not seek, or 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 Lessee Landlord and Tenant be otherwise affected by reason of of: (a) any damage to, to or destruction of, any Leased of the Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, Condemnation; (b) the lawful or unlawful prohibition of, or restriction upon, LesseeTenant's use of the Leased Property, or any portion thereof, or the interference with such use by any Person or by reason of eviction other than by paramount title except as otherwise specifically provided in this Lease and except to the extent that a court of competent jurisdiction has issued a final, nonappealable order determining that Lessee was constructively evicted from the Leased Property, title; (c) any claim which Lessee has or might Tenant may have against Lessor Landlord by reason of any default or breach of any warranty by Lessor Landlord under this Lease Agreement or any other agreement between Lessor Landlord and LesseeTenant, or to which Lessor Landlord and Lessee Tenant are parties, ; (d) any bankruptcy, insolvency, reorganization,, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee or transferee of Landlord; or (e) any other cause whether similar or dissimilar to any of the foregoing, except as otherwise specifically provided in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hospitality Properties Trust)

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