Common use of NO TERMINATION, ABATEMENT Clause in Contracts

NO TERMINATION, ABATEMENT. Except as otherwise specifically ------------------------- provided in this Lease, 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 setoff 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) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor, or (c) 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 default under this Lease by Lessor which may now or hereafter be conferred upon it by law to (1) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of or set off against the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee hereunder shall be separate and independent covenants and agreements and the Rent and all other sums payable by Lessee hereunder shall continue to be payable in all 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 in this Lease, Lessee, to the extent permitted by law, Lessee 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 not seek or terminate the same, nor seek nor be entitled to any abatement, deduction, deferment or reduction of the Rent, or setoff set-off against the Rent, nor shall the . The respective obligations of Lessor and Lessee shall not be otherwise affected by reason of (ai) any damage to, to or destruction of, any of the Leased Property or any portion thereof from whatever cause or any Taking Condemnation of the Leased Property or any portion thereof; (ii) other than a result of Lessor's willful misconduct or gross negligence, 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 or by reason of eviction by paramount title; (biii) any claim that Lessee has or might have against Lessor by reason of any default or breach of any warranty by Lessor hereunder or under any other agreement between Lessor and Lessee or to which Lessor and Lessee are parties; (iv) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor, ; or (cv) for any other cause cause, whether similar or dissimilar to any of the foregoing foregoing, other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, rights arising from any default under this Lease by Lessor occurrence whatsoever which may now or hereafter be conferred upon it by law (a) to (1) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, ; or (2b) which may entitle Lessee to any abatement, reduction, suspension or deferment of or set off against the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. However, nothing shall preclude Lessee from bringing a separate action and Lessee is not waiving other rights and remedies not expressly waived herein. The obligations of Lessor and Lessee hereunder shall be separate and independent covenants and agreements and the Rent and all other sums payable by Lessee hereunder shall continue to be payable in all 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.. Lessee's agreement that any eviction by paramount title as described in item (ii) above shall not affect Lessee'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 Lessor for any damages incurred by any such eviction, Lessee shall be entitled to a credit for any sums recovered by Lessor under any such policy of title or other insurance, and Lessor, upon request by Lessee, shall assign Lessor's rights under such policies to Lessee provided such assignment does not adversely affect Lessor's rights under any such policy and provided further that Lessee shall indemnify, defend, protect and save Lessor harmless from and against any liability, cost or expense of any kind that may be imposed upon Lessor in connection with any such assignment. 5.2 Termination with Respect to Fewer than All of the Facilities --------------------------------------------------------------------- . Wherever in this Lease the action of terminating the Lease with respect to a Facility (or action of similar import) is discussed, such action shall mean the termination of Lessee's rights in and to the Leased Property relating to such Facility. Notwithstanding anything in this Lease to the contrary, if this Lease shall be terminated by Lessor or Lessee pursuant to rights granted hereunder with respect to any Facility, such termination shall not affect the applicable Term of this Lease with respect to the balance of the Facilities not so terminated by Lessor, and this Lease shall continue in full force and effect with respect to each other such Facility, except that the total Minimum Rent payable hereunder shall be reduced by the amount of Allocated Minimum Rent with respect to such Facility as to which this Lease has so terminated, subject, however, to Lessor's right, in the event of a termination because of an Event of Default, to recover damages with respect to any such Facility as to which this Lease has been terminated as provided in Article XVI. ARTICLE VI. 6.1

NO TERMINATION, ABATEMENT. Etc.Except as otherwise specifically ------------------------- ---------------------------------- provided in this Lease, 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 setoff set-off or recoupment 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 (a) [i] any damage to, or destruction of, any the Leased Property or any portion part thereof from whatever cause or any Taking (as hereinafter defined) of the Leased Property or any portion part thereof; [ii] the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property, or any part thereof, (b) the interference with such use by any person, corporation, partnership or other entity, or by reason of eviction by paramount title; [iii] any claim which Tenant has or might have against Landlord or by reason of any default or breach of any warranty by Landlord under this Lease or any other agreement between Landlord and Tenant, or to which Landlord and Tenant are parties; [iv] any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings proceeding affecting Lessor Landlord or any assignee or transferee of Lessor, Landlord; or (c) for [v] any other cause cause, whether similar or dissimilar to any of the foregoing foregoing, other than a discharge of Lessee Tenant or Landlord from any such obligations as a matter of law. Lessee Except as otherwise specifically provided in this Lease, Tenant hereby specifically waives all rights, arising from any default under this Lease by Lessor occurrence whatsoever, which may now or hereafter be conferred upon it by law [a] to (1) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, ; or (2) entitle Lessee [b] entitling Tenant to any abatement, reduction, suspension or deferment of or set off against the Rent or other sums payable by Lessee Tenant hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee Landlord and Tenant hereunder shall be separate and independent covenants and agreements and the Rent and all other sums payable by Lessee Tenant hereunder shall continue to be payable in all 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.. Nothing in this 2.5 shall be construed to limit any right which Tenant may have to bring a separate action against Landlord for any claim which Tenant may have or allege to have against Landlord. FINAL - EXECUTION Copy

NO TERMINATION, ABATEMENT. ETC Except as otherwise specifically ------------------------- provided in this LeaseAgreement, Lesseeeach of Landlord and Tenant, 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 setoff set-off against the Rent, nor shall the respective obligations of Lessee Landlord and Tenant be otherwise affected by reason of (a) any damage to, to or destruction of, any of the Leased Property or any portion thereof from whatever cause or any Taking Condemnation, (b) the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property Property, or any portion thereof, or the interference with such use by any Person or by reason of eviction by paramount title; (bc) any claim which Tenant may have against Landlord by reason of any default (other than a monetary default) or breach of any warranty by Landlord under this Agreement or any other agreement between Landlord and Tenant, or to which Landlord and Tenant are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor Landlord or any assignee or transferee of Lessor, Landlord; or (ce) for any other cause whether similar or dissimilar to any of the foregoing (other than a discharge monetary default by Landlord); provided, however, that the foregoing shall not apply or be construed to restrict Tenant's rights in the event of Lessee from any such obligations act or omission by Landlord constituting negligence or willful misconduct. Except as a matter of law. Lessee otherwise specifically provided in this Agreement, Tenant hereby specifically waives all rights, rights arising from any default under this Lease by Lessor occurrence whatsoever, which may now or hereafter be conferred upon it by law (a) to (1) modify, surrender or terminate this Lease Agreement or quit or surrender the Leased Property or any portion thereof, or (2b) which would entitle Lessee Tenant to any abatement, reduction, suspension or deferment of or set off against the Rent or other sums payable or other obligations to be performed by Lessee Tenant hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee Tenant hereunder shall be separate and independent covenants and agreements agreements, and the Rent and all other sums payable by Lessee Tenant hereunder shall continue to be payable in all 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 Agreement. In any instance where, after the occurrence of an Event of Default, Landlord retains funds which, but for the occurrence of such Event of Default, would be payable to Tenant, Landlord shall refund such funds to Tenant to the extent the amount thereof exceeds the amount necessary to compensate Landlord for any cost, loss or damage incurred in connection with such Event of Default.

NO TERMINATION, ABATEMENT. Except as otherwise specifically ------------------------- provided in this Lease, 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 setoff 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) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor, or (c) 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 default under this Lease by Lessor which may now or hereafter be conferred upon it by law to (1) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of or set off against the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee hereunder shall be separate and independent covenants and agreements and the Rent and all other sums payable by Lessee hereunder shall continue to be payable in all 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 DefaultDefault provided, however, nothing in this SECTION 5.1 shall preclude Lessee from exercising its remedies pursuant to SECTION 36.1.

NO TERMINATION, ABATEMENT. ETC Except as otherwise specifically ------------------------- provided in this LeaseAgreement, Lesseeeach of Landlord and Tenant, 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 setoff set-off against the Rent, nor shall the respective obligations of Lessee Landlord and Tenant be otherwise affected by reason of (a) any damage to, to or destruction of, any of the Leased Property or any portion thereof from whatever cause or any Taking Condemnation, (b) the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property Property, or any portion thereof, or the interference with such use by any Person or by reason of eviction by paramount title; (bc) any claim which Tenant may have against Landlord by reason of any default (other than a monetary default) or breach of any warranty by Landlord under this Agreement or any other agreement between Landlord and Tenant, or to which Landlord and Tenant are parties; (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor Landlord or any assignee or transferee of Lessor, Landlord; or (ce) for any other cause whether similar or dissimilar to any of the foregoing (other than a discharge of Lessee from any such obligations monetary - 26 - default by Landlord). Except as a matter of law. Lessee otherwise specifically provided in this Agreement, Tenant hereby specifically waives all rights, rights arising from any default under this Lease by Lessor occurrence whatsoever, which may now or hereafter be conferred upon it by law (a) to (1) modify, surrender or terminate this Lease Agreement or quit or surrender the Leased Property or any portion thereof, or (2b) which would entitle Lessee Tenant to any abatement, reduction, suspension or deferment of or set off against the Rent or other sums payable or other obligations to be performed by Lessee Tenant hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee Tenant hereunder shall be separate and independent covenants and agreements agreements, and the Rent and all other sums payable by Lessee Tenant hereunder shall continue to be payable in all 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 DefaultAgreement.