Common use of No Termination Clause in Contracts

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the 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 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) 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, corporation, partnership or other entity, (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, 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 (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 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.

Appears in 5 contracts

Samples: Master Lease Agreement, Master Lease Agreement (Supertel Hospitality Inc), Master Lease Agreement (Supertel Hospitality Inc)

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No Termination. Except as otherwise specifically expressly provided in this Lease itself, this Lease will not terminate, nor will LRC have any right to terminate this Lease, and except nor will LRC be entitled to any abatement of or setoff against the Rent, nor will the obligations of LRC under this Lease be excused, for loss any reason whatsoever, including any of the Franchise Agreement solely following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by reason eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of LRC’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of LRC or of anyone claiming through or under LRC, (v) any default or breach on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and LRC are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any action improvements, fixtures or inaction tangible personal property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (vii) any latent or other defect in the Property or any change in the condition thereof or the existence with respect to the Property of any violations of Applicable Laws, (viii) LRC’s ownership of any interest in the Property, or (ix) any other cause, whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of LRC hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by LessorLRC hereunder continue to be payable in all events and that the obligations of LRC hereunder continue unaffected, Lesseeunless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, LRC waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which LRC may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, shall remain bound by terminate or surrender this Lease in accordance with its terms and shall neither take or the Property or any action without the written consent of Lessor to modify, surrender part thereof or terminate the same, nor seek nor be entitled (ii) to any abatement, deductionsuspension, 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) 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, corporation, partnership or other entity, (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, 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 (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 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.

Appears in 4 contracts

Samples: Lease Agreement (Lam Research Corp), Lease Agreement (Lam Research Corp), Lease Agreement (Lam Research Corp)

No Termination. Except as otherwise specifically expressly provided in this Lease itself, this Lease will not terminate, nor will NAI have any right to terminate this Lease, and except nor will NAI be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI under this Lease be excused, for loss any reason whatsoever, including any of the Franchise Agreement solely following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by reason eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any action improvements, fixtures or inaction Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (vii) any latent or other defect in the Property or any change in the condition thereof or the existence with respect to the Property of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the Property, or (ix) any other cause, whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of NAI hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by LessorNAI hereunder continue to be payable in all events and that the obligations of NAI hereunder continue unaffected, Lesseeunless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, shall remain bound by terminate or surrender this Lease in accordance with its terms and shall neither take or the Property or any action without the written consent of Lessor to modify, surrender part thereof or terminate the same, nor seek nor be entitled (ii) to any abatement, deductionsuspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or setoff against in equity to the Rentfollowing remedies, nor shall the obligations whether because of Lessee be otherwise affected BNPPLC’s failure to remove a Lien Removable by reason BNPPLC or because of any other default by BNPPLC under this Lease: (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, (bi) the lawful or unlawful prohibition of, or restriction upon, Lessee’s use recovery of monetary damages in the Leased Property, or any portion thereof, or the interference with such use by any Person, corporation, partnership or other entity, (c) any claim which Lessee has or might have against Lessor by reason case of any default or breach that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of any warranty by Lessor under this Lease or any other agreement between Lessor and Lesseethe violation, or to which Lessor and Lessee are partiesattempted or threatened violation, (d) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee by BNPPLC 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 rightsexpress covenants, arising from any occurrence whatsoeveragreements, which may now conditions 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 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 which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by termination BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease other than by reason of an Event of Defaultwhich are binding upon BNPPLC.

Appears in 4 contracts

Samples: Lease Agreement (NetApp, Inc.), Lease Agreement (NetApp, Inc.), Lease Agreement (NetApp, Inc.)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the Leased Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, except as otherwise provided in Articles 13 or 14, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee’s '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, 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 whatsoever 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, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 events, unless the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lessor of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 3 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

No Termination. Except as otherwise specifically provided in this Lease, Lease and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted provided 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, modify surrender 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the Leased Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, except as otherwise provided in Articles XIII or XIV, (b) the lawful or unlawful prohibition of, of or restriction upon, Lessee’s 's use of the Leased Property, or any portion thereof, or the interference with such use by any Personperson, corporation, partnership or other entityentity 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, 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 whatsoever 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, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lessor of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 3 contracts

Samples: Lease Agreement (Balanced Care Corp), Lease Agreement (Balanced Care Corp), Lease (Balanced Care Corp)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the 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 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) the lawful or unlawful prohibition of, or restriction upon, Lessee’s 's use of the Leased Property, or any portion thereof, or the interference with such use by any Person, corporation, partnership or other entity, (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, 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 (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 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.

Appears in 2 contracts

Samples: Master Lease Agreement (Humphrey Hospitality Trust Inc), Master Lease Agreement (Humphrey Hospitality Trust Inc)

No Termination. Except as otherwise specifically expressly provided in this Land Lease itself, this Land Lease shall not terminate, nor shall NAI have any right to terminate this Land Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, nor 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 NAI be entitled to any abatement, deduction, deferment or reduction abatement of the Rent, or setoff against the Rent, nor shall the obligations of Lessee NAI under this Land Lease be otherwise affected by excused, for any reason whatsoever, including any of the following: (ai) any damage toto or the destruction of all or any part of the Property from whatever cause, or destruction of, any Leased (ii) the taking of the Property or any portion thereof from whatever cause by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI's use or development of all or any Taking portion 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, corporation, partnership governmental action or other entityotherwise, (civ) any claim which Lessee has eviction of NAI or might have against Lessor by reason of anyone claiming through or under NAI, (v) any default or breach on the part of any warranty by Lessor BNPLC under this Land Lease or under any other agreement between Lessor and Lessee, or to which Lessor BNPLC and Lessee NAI are parties, (dvi) the inadequacy in any way whatsoever of the Property (it being understood that BNPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (vii) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up latent or other proceedings affecting Lessor defect in the Property or any assignee change in the condition thereof or transferee the existence with respect to the Property of Lessorany violations of Applicable Laws, or (eviii) for any other cause whether similar or dissimilar to any the foregoing. It is the intention 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 (1) modify, surrender or terminate this Lease or quit or surrender parties hereto that the Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee NAI hereunder shall be separate and independent of the covenants and agreements and the of BNPLC, that Base Rent and all other sums payable by Lessee NAI hereunder shall continue to be payable in all events and that the obligations of NAI hereunder shall continue unaffected, unless the obligations requirement to pay or perform the same shall be have been terminated or limited pursuant to an express provision of this Land Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any implied "warranty of suitability" or other warranty under Applicable Laws) (i) to quit, terminate or surrender this Land Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4.(b) shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPLC's failure to remove a Lien Removable by BNPLC or because of any other default by BNPLC under this Land Lease that continues beyond the period for cure provided in Paragraph 19: (i) the recovery of monetary damages, (ii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease which are binding upon BNPLC (including the confidentiality provisions set forth in subparagraph 16.(c) below), or (iii) a decree compelling performance by termination BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease other than by reason of an Event of Defaultwhich are binding upon BNPLC.

Appears in 2 contracts

Samples: Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the Leased Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, except as otherwise provided in Articles 13 or 14, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee’s '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, 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 whatsoever 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, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lessor of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 2 contracts

Samples: Lease Agreement (Ramsay Health Care Inc), Lease Agreement (Emeritus Corp\wa\)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the 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, LesseeLxxxxx’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, Lessee or to which Lessor and Lessee are parties, including the failure of Lessee to perform its obligations under the Ground Lease pursuant to Articles II and HI hereof, (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 lawforegoing. Lessee hereby specifically waives all rights, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of Lxxxxx 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lxxxxx of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Global Medical REIT Inc.), Assignment and Assumption of Lease (Global Medical REIT Inc.)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the Leased Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, except as otherwise provided in Articles XIII or XIV, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee’s '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, 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 whatsoever 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, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lessor of the terms of this Lease other than by reason of an Event of Defaultor Lessor's willful misconduct.

Appears in 2 contracts

Samples: Lease Agreement (Integrated Living Communities Inc), Lease Agreement (Integrated Living Communities Inc)

No Termination. Except as otherwise specifically expressly provided in this Lease itself, this Lease will not terminate, nor will LRC have any right to terminate this Lease, and except nor will LRC be entitled to any abatement of or setoff against the Rent, nor will the obligations of LRC under this Lease be excused, for loss any reason whatsoever, including any of the Franchise Agreement solely following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by reason eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of LRC’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of LRC or of anyone claiming through or under LRC, (v) any default or breach on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and LRC are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any action improvements, fixtures or inaction tangible personal property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (vii) any latent or other defect in the Property or any change in the condition thereof or the existence with respect to the Property of any violations of Applicable Laws, (viii) LRC’s ownership of any interest in the Property, (ix) any breach of an Existing Space Lease by Lessorthe tenant thereunder, Lesseeor (x) any other cause, whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of LRC hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by LRC hereunder continue to be payable in all events and that the obligations of LRC hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, LRC waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which LRC may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, shall remain bound by terminate or surrender this Lease in accordance with its terms and shall neither take or the Property or any action without the written consent of Lessor to modify, surrender part thereof or terminate the same, nor seek nor be entitled (ii) to any abatement, deductionsuspension, 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) 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, corporation, partnership or other entity, (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, 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 (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 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.

Appears in 2 contracts

Samples: Lease Agreement (Lam Research Corp), Lease Agreement (Lam Research Corp)

No Termination. Except as otherwise specifically expressly provided in herein, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease, and except for loss nor shall Tenant be entitled to any abatement or reduction of Rent hereunder, nor shall the Franchise Agreement solely obligations of Tenant hereunder be affected, by reason of any action default on the part of Landlord under this Lease, or inaction under any other agreement to which Landlord and Tenant may be parties; provided, however, that in the event that Landlord is in breach of its covenant to repay the HTC Loan (as that term is hereinafter defined), which breach is continuing ten (10) days after notice from Tenant to Landlord, Tenant may apply amounts otherwise payable by Lessorit pursuant to Section 3.1 or 3.2 (and not required to be used by Landlord for payment of debt service under the Financing Documents, Lesseeor the financing documents delivered by Landlord in connection with any replacement financing) to cure such breach. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate and independent covenants and agreements, that the Rent, and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the extent permitted obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated pursuant to an express provision of this Lease. Nothing herein shall preclude Tenant from pursuing or realizing upon its other remedies at law or in equity by law, shall reason of any default hereunder by Landlord. Tenant agrees that it will remain bound by obligated under this Lease in accordance with its terms terms, and shall neither that it will not take any action without the written consent of Lessor to modifyterminate, surrender rescind or terminate the sameavoid this Lease, 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 notwithstanding (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, (bi) 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, corporation, partnership or other entity, (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, composition, readjustment, liquidation, dissolution, winding up or other proceedings proceeding affecting Lessor Landlord 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 Landlord in any such obligations as proceeding, and (ii) any action with respect to the Lease which may be taken by any trustee or receiver of Landlord or of any assignee of Landlord in any such proceeding or by any court in any such proceeding; provided that this Lease is not effectively disaffirmed in such proceedings and Tenant receives reasonable assurance thereof within a matter reasonable period of lawtime following the commencement of such proceedings. Lessee hereby specifically Tenant waives all rights, arising from any occurrence whatsoever, rights which may now or hereafter be conferred upon it by law (i) to (1) modifyquit, terminate or surrender or terminate this Lease or quit or surrender the Leased Property Premises or any portion part thereof, or (2ii) entitle Lessee to any abatement, reductionsuspension, suspension deferment or deferment reduction of the Rent, Additional Rent or any other sums payable by Lessee hereunderunder this Lease, except as otherwise specifically expressly 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 Defaultherein.

Appears in 1 contract

Samples: Lease (Morgans Hotel Group Co.)

No Termination. Except as may be otherwise specifically and expressly provided in Article 13 or Article 14 in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted not prohibited by applicable 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 set-off against the Rent, nor shall the respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any Leased Property or any portion thereof from whatever cause Casualty or any Taking of the Leased Property or any portion thereofProperty, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee’s 's use of the Leased Property, or any portion thereof, Property or the interference with such use by any PersonPerson (other than Lessor, corporation, partnership except to the extent permitted hereunder) or other entity, by reason of eviction by paramount title; (c) any claim which that Lessee has or might have against Lessor by reason of Lessor, (d) any default or breach of any warranty by Lessor or any of the other Meditrust Entities under this Lease, any other Lease Document or any other agreement between Lessor and Lessee, or to which Lessor and Lessee are partiesRelated Party Agreement, (de) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor, Lessor or (ef) for any other cause whether similar or dissimilar to any of the foregoing foregoing, other than a discharge of Lessee from any such obligations of the Lease Obligations as a matter of law. Lessee hereby specifically waives all rightsNotwithstanding the foregoing, arising from any occurrence whatsoever, which may now or hereafter be conferred upon it amounts collected by law to (1) modify, surrender or terminate this Lease or quit or surrender Lessor under any title insurance policies insuring Lessor's interest in the Leased Property or (less any portion thereof, or (2costs and expenses incurred by Lessor in collecting the same) entitle Lessee to any abatement, reduction, suspension or deferment of 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 credited against 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 DefaultObligations.

Appears in 1 contract

Samples: Facility Lease Agreement (Balanced Care Corp)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the Leased Property or any portion thereof from whatever cause or any Taking of the Leased Property or any portion thereof, except as otherwise provided in Articles XIII and XIV, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee’s '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, 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 whatsoever whether similar or dissimilar to any of the foregoing other than a discharge except for actions or omissions of Lessee from any such obligations as a matter of lawLessor. Lessee hereby specifically waives all rights, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lessor of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 1 contract

Samples: Master Development Agreement (Grand Court Lifestyles Inc)

No Termination. Abatement. etc. Except as otherwise specifically provided in this Lease, and except for loss of the 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 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) 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, corporation, partnership or other entity, (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, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor, or (ec) 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, 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 to the extent that Lessor's action constitutes constructive eviction and 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 terminated, abated or modified pursuant to the express provisions of this Lease or by termination of this Lease other than by reason of an Event of Default.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Prime Hospitality Corp)

No Termination. Abatement, etc --------------------------------- . Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 as a result of Lessor's willful misconduct or gross negligence, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee’s 's use of the Leased Property, or any portion thereof, or the interference with such use by any Person, corporation, partnership Person or other entity, by reason of eviction by paramount title; (ciii) any claim which that Lessee has or might have against Lessor by reason of any default or breach of any warranty by Lessor hereunder or under this Lease or any other agreement between Lessor and Lessee, Lessee or to which Lessor and Lessee are parties, ; (div) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee of Lessor, ; or (ev) 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 occurrence whatsoever, 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 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.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

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No Termination. Except as otherwise specifically expressly provided in this Improvements Lease itself, this Improvements Lease shall not terminate, nor shall NAI have any right to terminate this Improvements Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, nor 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 NAI be entitled to any abatement, deduction, deferment or reduction abatement of the Rent, or setoff against the Rent, nor shall the obligations of Lessee NAI under this Improvements Lease be otherwise affected by excused, for any reason whatsoever, including any of the following: (ai) any damage toto or the destruction of all or any part of the Property from whatever cause, or destruction of, any Leased (ii) the taking of the Property or any portion thereof from whatever cause by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI's use or development of all or any Taking portion 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, corporation, partnership governmental action or other entityotherwise, (civ) any claim which Lessee has eviction of NAI or might have against Lessor by reason of anyone claiming through or under NAI, (v) any default or breach on the part of any warranty by Lessor BNPLC under this Improvements Lease or under any other agreement between Lessor and Lessee, or to which Lessor BNPLC and Lessee NAI are parties, (dvi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or tangible personal property included in the Property (it being understood that BNPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (vii) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up latent or other proceedings affecting Lessor defect in the Property or any assignee change in the condition thereof or transferee the existence with respect to the Property of Lessorany violations of Applicable Laws, (viii) any breach of the Premises Lease by the lessee thereunder or (eix) for any other cause whether similar or dissimilar to any the foregoing. It is the intention 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 (1) modify, surrender or terminate this Lease or quit or surrender parties hereto that the Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee NAI hereunder shall be separate and independent of the covenants and agreements and the of BNPLC, that Base Rent and all other sums payable by Lessee NAI hereunder shall continue to be payable in all events and that the obligations of NAI hereunder shall continue unaffected, unless the obligations requirement to pay or perform the same shall be have been terminated or limited pursuant to the an express provisions provision of this Improvements Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any implied "warranty of suitability" or other warranty under Applicable Laws) (i) to quit, terminate or surrender this Improvements Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(b) shall be construed as a waiver by termination NAI of this Lease other than by reason any right NAI may have at law or in equity to the following remedies, whether because of an Event of Default.BNPLC's failure to

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

No Termination. Abatement, EtcNo Termination, Abatement, Etc.. Except --------------------------------------------------------------- as otherwise specifically provided in this Lease, and except for loss of the 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 setoff 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, (b) ; [ii] the lawful or unlawful prohibition of, or restriction upon, Lessee’s Tenant's use of the Leased Property, or any portion part thereof, or the interference with such use by any Personperson, corporation, partnership or other entity, (c) or by reason of eviction by paramount title; [iii] any claim which Lessee 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, (d) ; [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 (e) for [v] 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. Lessee Except as otherwise specifically provided in this Lease, Tenant hereby specifically waives all rights, arising from any 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 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.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the 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, (c) any claim which Lessee has or might have against Lessor by reason of any default or breach of any warranty eviction by Lessor under this Lease or any other agreement between Lessor and Lesseeparamount title, or to which Lessor and Lessee are parties, (dc) 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 (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 the Rent or other sums payable by Lessee hereunder, except Except as otherwise specifically provided in this Lease. The , the obligations of Lxxxxx 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lxxxxx of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Global Medical REIT Inc.)

No Termination. Except Without limiting Lessee's obligations under Paragraph 3 hereof, this Lease shall not terminate nor shall Lessee have any right to terminate this Lease or to be released, relieved or discharged from any obligations or liabilities hereunder for any of the following reasons except as otherwise specifically expressly provided in this Lease, and except for loss of the 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 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 the Premises or any portion thereof from whatever cause thereof; (b) any condemnation, confiscation, requisition or other taking or sale of the possession, use, occupancy or title to the Premises or any Taking portion thereof; (c) any limitation, restriction, deprivation or prevention of, or any interference with, any use or the occupancy or possession of the Leased Property Premises or any portion thereof, unless resulting from the material breaches or default of Lessor (bor persons acting by, through or on behalf of Lessor) and unless Lessee's use, occupancy or possession of the Premises is materially impaired or interfered with. Nothing herein shall impair or limit the rights of Lessor's mortgagees to notice of and an opportunity to cure such breach or default; (d) any failure by Lessee to obtain or maintain any permits, licenses, approvals or other authorizations to permit its operations on the Premises as may be required by any governmental authorities having jurisdiction of the Premises; (e) any material default or breach on the part of Lessor under this Agreement unless such default or breach materially impairs or interferes with Lessee's use, occupancy or possession of the Premises and Lessor's mortgagees shall have had reasonable notice of and full and adequate opportunity to cure; (f) the lawful inadequacy, incorrectness or unlawful prohibition of, or restriction upon, Lessee’s use failure of the Leased Property, description of the Premises or any portion thereofthereof if the use, occupancy or possession of the interference with such use Premises by any Person, corporation, partnership Lessee is not materially impaired or other entity, adversely affected thereby; or (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, (dg) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up dissolution or other proceedings proceeding affecting Lessor or any assignee or transferee of Lessor, or any action with respect to this Lease which may be taken by any receiver, trustee or liquidator (eor other similar official) for or by any other cause whether similar or dissimilar to any of the foregoing other than a discharge of court. Except as otherwise provided herein, Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any occurrence whatsoever, which may rights 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, reductionsuspension, suspension deferment, diminution or deferment reduction of the Rent or other sums amounts 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.

Appears in 1 contract

Samples: Lease (Front Royal Inc)

No Termination. Except as otherwise specifically provided in this -------------- Lease, and except for loss of the 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 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) the lawful or unlawful prohibition of, or restriction upon, Lessee’s 's use of the Leased Property, or any portion thereof, or the interference with such use by any Person, corporation, partnership or other entity, (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, 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 (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 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.

Appears in 1 contract

Samples: Master Lease Agreement (Humphrey Hospitality Trust Inc)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and 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 '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 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 (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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.

Appears in 1 contract

Samples: Lease Agreement (Centennial Healthcare Corp)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor, Lessee or Guarantor be otherwise affected affected, by reason of (a) any damage to, to or destruction of, any of the Leased Property or any portion thereof from whatever cause cause, or any Taking of the Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, of or restriction upon, upon Lessee’s 's use of the Leased Property, 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, 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 whatsoever, 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, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lessor of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 1 contract

Samples: Lease Agreement (Ramsay Health Care Inc)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor, Lessee or any Guarantor be otherwise affected affected, by reason of (a) any damage to, to or destruction of, any of the Leased Property or any portion thereof from whatever cause cause, or any Taking of the Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, of or restriction upon, upon Lessee’s 's use of the Leased Property, 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, 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 whatsoever, 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, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 Lease. Notwithstanding the foregoing, Lessee shall have the right by separate and independent action to pursue any claim or seek any damages it may have against Lessor as a result of a breach by termination Lessor of the terms of this Lease other than by reason of an Event of DefaultLease.

Appears in 1 contract

Samples: Lease Agreement (Ramsay Health Care Inc)

No Termination. Except as otherwise specifically provided in this Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, 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 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 respective obligations of Lessor and Lessee be otherwise affected by reason of (a) any damage to, or destruction of, any the 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 '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, 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 lawforegoing. Lessee hereby specifically waives all rights, rights arising from any occurrence whatsoever, whatsoever which may now or hereafter be conferred upon it by law to (1i) modify, surrender or terminate this Lease or quit or surrender the Leased Property or any portion thereof, or (2ii) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. 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 DefaultLease.

Appears in 1 contract

Samples: Lease Agreement (Builders Transport Inc)

No Termination. Except as otherwise specifically expressly provided in this Improvements Lease itself, this Improvements Lease shall not terminate, nor shall NAI have any right to terminate this Improvements Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, nor 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 NAI be entitled to any abatement, deduction, deferment or reduction abatement of the Rent, or setoff against the Rent, nor shall the obligations of Lessee NAI under this Improvements Lease be otherwise affected by excused, for any reason whatsoever, including any of the following: (ai) any damage toto or the destruction of all or any part of the Property from whatever cause, or destruction of, any Leased (ii) the taking of the Property or any portion thereof from whatever cause by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI's use or development of all or any Taking portion 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, corporation, partnership governmental action or other entityotherwise, (civ) any claim which Lessee has eviction of NAI or might have against Lessor by reason of anyone claiming through or under NAI, (v) any default or breach on the part of any warranty by Lessor BNPLC under this Improvements Lease or under any other agreement between Lessor and Lessee, or to which Lessor BNPLC and Lessee NAI are parties, (dvi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or tangible personal property included in the Property (it being understood that BNPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (vii) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up latent or other proceedings affecting Lessor defect in the Property or any assignee change in the condition thereof or transferee the existence with respect to the Property of Lessorany violations of Applicable Laws, (viii) any breach of the Premises Lease by the lessee thereunder or (eix) for any other cause whether similar or dissimilar to any the foregoing. It is the intention 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 (1) modify, surrender or terminate this Lease or quit or surrender parties hereto that the Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of Lessee NAI hereunder shall be separate and independent of the covenants and agreements and the of BNPLC, that Base Rent and all other sums payable by Lessee NAI hereunder shall continue to be payable in all events and that the obligations of NAI hereunder shall continue unaffected, unless the obligations requirement to pay or perform the same shall be have been terminated or limited pursuant to the an express provisions provision of this Lease or Improvements Lease. Without limiting the foregoing, NAI waives to the extent permitted by termination of this Lease other than by reason of an Event of Default.Applicable Laws, except as otherwise expressly provided herein, all

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

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