Nonterminability. Subject to Section 4.5 hereof, the Site Sublease Term shall not be terminated nor shall any of the rights granted or conveyed hereunder to the Ground Sublessee be extinguished, diminished, lost or otherwise impaired, in whole or in part, by any circumstance of any character or for any reason whatsoever, including any of the following: (a) any loss or destruction of, or damage to, the Facility, any Component or any portion of either thereof or interruption or cessation in the use or possession thereof or any part thereof by the Ground Sublessee for any reason whatsoever and of whatever duration, (b) the condemnation, requisitioning, expropriation, seizure or other taking of title to or use of the Facility, any Component or any portion of either thereof or any part thereof by any Governmental Entity or otherwise, (c) any prohibition, limitation or restriction on the use by any Person of all or any part of its property or the interference with such use by any Person, or any eviction by paramount title or otherwise, (d) any inadequacy, incorrectness or failure of the description of the Sites or Ground Interest or any part thereof or any rights or property in which an interest is intended to be granted or conveyed by this Site Lease and Sublease, (e) the insolvency, bankruptcy, reorganization or similar proceedings by or against the Ground Sublessor, the Ground Sublessee or any other Person, (f) the failure by the Ground Sublessee to comply with Section 5 or 8 or any other provision hereof, or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.
Nonterminability. (a) Except as expressly provided herein, this Lease will not terminate, nor will Lessee have any right to terminate this Lease, nor will Lessee be entitled to any abatement or reduction of Rent hereunder, nor will the obligations of Lessee under this Lease be affected, by reason of (i) any Casualty (as hereinafter defined) or theft with respect to the Leased Property or any part thereof from whatever cause, (ii) any Taking (as hereinafter defined) of the Leased Property or any part thereof, (iii) the prohibition, limitation or restriction of Lessee's use, occupancy or enjoyment of all or any part of the Leased Property, or any interference with such use, occupancy or enjoyment, (iv) any eviction by superior title or otherwise, or any other defect in, or encumbrance on, Lessor's title to the Leased Property or any part thereof, (v) Lessee's acquisition or ownership of the Leased Property or any part thereof, (vi) any default on the part of Lessor under this Lease, or under any other agreement to which Lessor and Lessee may be parties, (vii) the failure of Lessor to deliver possession of the Leased Property or any part thereof on the commencement of the Term, or the impossibility of performance by Lessor, Lessee or both, (viii) any action of any Government Authority (as hereinafter defined), (ix) any breach by Lessor of any express or implied warranty contained in this Lease or created by law, (x) any merger, consolidation or sale of all or substantially all of the assets of Lessee, or (xi) any other cause whether similar or dissimilar to the foregoing, any present or future law or change in law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Lessee hereunder will be separate and independent covenants and agreements, that the Rent and all other sums payable by Lessee hereunder will continue to be payable in all events and that the obligations of Lessee hereunder will continue unaffected, unless the requirement to pay or perform the same will have been terminated pursuant to an express provision of this Lease.
Nonterminability. Neither the rights nor obligations of the Head Lessee or the Head Lessor under this Head Lease shall be terminated, extinguished, diminished, lost or otherwise impaired prior to the expiration or early termination of the Head Lease Term in accordance herewith by any circumstances of any character, including, without limitation: (a) any loss or destruction of, or damage to, or failure to complete construction of, all or any part of the Facility, the Facility Site or any Component for any reason whatsoever and of whatever duration, (b) the condemnation, requisitioning (by eminent domain or otherwise), expropriation, seizure or other taking of title to or use of the Facility, the Facility Site or any Component thereof or any other portion of the Facility or the Facility Site by any Governmental Entity or otherwise, (c) any prohibition, limitation or restriction on the use by any Person of all or any part of its property or the interference with such use by any Person, or any eviction by paramount title or otherwise, (d) any inadequacy, incorrectness or failure of the description of the Facility, the Facility Site or any part thereof or any rights or property in which an 4127-6352-5967.8 interest is intended to be granted or conveyed by this Head Lease, (e) insolvency, bankruptcy, reorganization or similar proceedings by or against the Head Lessor, the Head Lessee or any other Person, (f) the failure by the Head Lessee or the Head Lessor to comply with Section 7 hereof or with any other Transaction Documents or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.
Nonterminability. Except as otherwise expressly provided herein, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease or to be released or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: (i) any damage to or destruction of any Leased Property; (ii) any restriction, deprivation or prevention of, or any interference with, any use or the occupancy of any Leased Property; (iii) any Condemnation, requisition or other taking or sale of the use, occupancy or title to any Leased Property; (iv) any action, omission or breach on the part of Landlord under this Lease or under any other agreement between Landlord and Tenant; (v) the inadequacy or failure of the description of any Leased Property to demise and let to Tenant the property intended to be leased hereby; (vi) Tenant’s acquisition of ownership of any Leased Property, or any sale or other disposition of a Leased Property; (vii) the impossibility or illegality of performance by Landlord or Tenant or both; or (viii) any other cause, whether similar or dissimilar to the foregoing, any present or future law notwithstanding.
Nonterminability. Except as otherwise expressly provided in Articles 10(e)(ii), 13(c) and(f), 16(b), 23(b)(ii) or 29(d) hereof, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease or to be released or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: (i) any damage to or destruction of the Leased Property; (ii) any restriction, deprivation (including eviction) or prevention of, or any interference with, any use or the occupancy of the Leased Property (whether due to any defect in or failure of Landlord’s title to the Leased Property or otherwise); (iii) any condemnation, requisition or other taking or sale of the use, occupancy or title of or to the Leased Property; (iv) any action, omission or breach on the part of Landlord under this Lease or under any other agreement between Landlord and Tenant; (v) Tenant’s acquisition of ownership of the Leased Property, or any sale or other disposition of the Leased Property; or (vi) any other cause, whether similar or dissimilar to the foregoing, any present or future law notwithstanding.
Nonterminability. Subject to Section 10 hereof, this Head Equipment Agreement shall not terminate, nor shall any of the rights granted and conveyed hereunder to the Facility Owner be extinguished, lost or otherwise impaired, in whole or in part, by any circumstances of any character or for any reason whatsoever, including, without limitation, the following: (a) any damage to or loss or destruction of all or any part of Clover Unit 2 for any reason whatsoever and of whatever duration, (b) the condemnation, requisition (by eminent domain or otherwise), seizure or other taking of title or use of Clover Unit 2 by any Governmental Entity or otherwise, (c) any prohibition, limitation or restriction on the use by any Person of all or any part of its property or the interference with such use by any Person, or any eviction by paramount title or otherwise, (d) any inadequacy, incorrectness or failure of the description of Clover Unit 2 or any part thereof or any rights or property in which an interest is intended to be granted or conveyed by this Head Equipment Agreement, (e) the insolvency, bankruptcy, reorganization or similar proceedings by or against Old Dominion, the Facility Owner or any other Person, (f) the failure by the Facility Owner to comply with Section 6, 7 or 8 hereof or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.
Nonterminability. Subject to Section 10, the Ground Lease Term shall not terminate, nor shall any of the rights granted and conveyed hereunder to the Ground Lessee be extinguished, lost or otherwise impaired, in whole or in part, by any cause or for any reason whatsoever, including, without limitation, the following: (a) any damage to or loss or destruction of all or any part of Clover Unit 1 for any reason whatsoever and of whatever duration, (b) the condemnation, requisition (by eminent domain or otherwise), seizure or other taking of title or use of Clover Unit 1 by any Governmental Entity or otherwise, (c) any prohibition, limitation or restriction on the use by any party of all or any part of its property or the interference with such use by any Person, or any eviction by paramount title or otherwise, (d) any inadequacy, incorrectness or failure of the description of the Clover Real Estate or the Ground Interest or any part thereof or any rights or property in which an interest is intended to be granted or conveyed by this Ground Lease and Sublease, (e) the insolvency, bankruptcy, reorganization or similar proceedings by or against the Ground Lessor or the Ground Lessee or any other Person, (f) failure by the Ground Lessee to comply with Section 2.4, 3 or 8 hereof, or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.
Nonterminability. Subject to Sections 3(a) and 9 hereof, notwithstanding anything herein or otherwise to the contrary, neither the rights of the Head Lessee nor the obligations of the Head Lessor under this Head Lease shall be extinguished, diminished, lost or otherwise impaired by any circumstances of any character or for any reason whatsoever, whether or not the same involves the loss of all or any part of the rights, title and interest granted by this Head Lease, including, without limitation, any of the following circumstances or reasons: (i) any damage to or loss or destruction of the Facility for any reason whatsoever and whatever duration, (ii) the condemnation, requisition (by eminent domain or otherwise), seizure or other taking of title or use of the Facility by any Governmental Authority, (iii) any prohibition, limitation or restriction on the use by any Person of the Facility or the interference with such use by any Person, or any termination of this Head Lease or the User Head Lease as a result thereof by operation of law or contract, or any eviction by paramount title or otherwise, (iv) any inadequacy, incorrectness or failure of the description of the Facility or any rights or property in which an interest is intended to be granted or conveyed by the User Head Lease or this Head Lease, (v) the insolvency, bankruptcy, reorganization or similar proceedings by or against the Head Lessor, the User Head Lessor, the Head Lessee or any other Person, (vi) the failure by the Head Lessee to comply with Section 3, 6 or 12 or any other provision hereof or of any other Operative Documents or (vii) any other reason whatsoever, whether similar or dissimilar to any of the foregoing. The provisions of this Section 3 shall survive the termination of this Head Lease for any reason whatsoever. The obligations of the Head Lessor hereunder are covenants that are independent of the existence of such leasehold and shall survive the termination thereof for any reason whatsoever.
Nonterminability. Subject to Section 10 hereof, this Head Lease shall not terminate, nor shall any of the rights granted and conveyed hereunder to the Head Lessee be extinguished, lost or otherwise impaired, in whole or in part, by any circumstances of any character or for any reason whatsoever, including, without limitation, the following: (a) any damage to or loss or destruction of all or any part of the Production System for any reason whatsoever and of whatever duration, (b) the condemnation, requisition (by eminent domain or otherwise), seizure or other taking of title or use of the Production System by any Governmental Authority or otherwise, (c) any prohibition, limitation or restriction on the use by any Person of all or any part of its property or the interference with such use by any Person, or any eviction by paramount title or otherwise, (d) any inadequacy, incorrectness or failure of the description of the Production System or any part thereof or any rights or property in which an interest is intended to be granted or conveyed by this Head Lease, (e) the insolvency, bankruptcy, reorganization or similar proceedings by or against the Head Lessor or the Head Lessee or any other Person, (f)failure by the Head Lessee to comply with Section 6, 7 or 8 hereof or (g)any other reason whatsoever, whether similar or dissimilar to any of the foregoing.
Nonterminability. Subject to Section 2 hereof notwithstanding anything herein or otherwise to the contrary, neither the rights of the Assignee nor the obligations of the Assignor under this Rocky Mountain Agreements Assignment shall be terminated, extinguished, diminished, lost or otherwise impaired by any circumstances of any character or for any reason whatsoever, whether or not the same involves the loss of all or any part of the interest assigned by this Rocky Mountain Agreements Assignment, including, without limitation, any of the following circumstances or reasons: (a) any damage to or loss or destruction of all or any part of the Facility for any reason whatsoever and of whatever duration, (b) the condemnation, requisition (by eminent domain or otherwise), seizure or other taking of title or use of all or any part of the Facility by any Governmental Entity or otherwise, (c) any prohibition, limitation or restriction on the use by any Person of all or any part of its property or the interference with such use by any Person, or any foreclosure or deed in lieu of foreclosure of the Oglethorpe Mortgage, or any termination of the interests created by this Rocky Mountain Agreements Assignment as a result thereof by operation of law or contract, or any eviction by paramount title or otherwise, (d) any inadequacy, incorrectness or failure of the description of the Facility or the Assigned Rocky Mountain Interests or any part thereof or any rights or property in which an interest is intended to be granted or conveyed by this Rocky Mountain Agreements Assignment, (e) the insolvency, bankruptcy, reorganization or similar proceedings by or against the Assignor, the Assignee or any other Person, (f) the failure by the Assignee to comply with any provision hereof or of any other Operative Document or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.
