Common use of Nonterminability Clause in Contracts

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.

Appears in 2 contracts

Samples: Site Lease and Sublease Agreement (PPL Montana LLC), Lease and Sublease Agreement (PPL Montana LLC)

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Nonterminability. Subject to Section 4.5 Sections 2.6 and 2.8 hereof, the Site Sublease Lease Term shall not be terminated nor shall any of the rights granted or conveyed hereunder to the Ground Sublessee Lessee be extinguished, diminished, lost or otherwise impaired, or be merged into or with any other estate, 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, or 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 Lessee for any reason whatsoever and of whatever duration, (b) the condemnation, requisitioningrequisition, 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 Facility Site 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 Site Lease and SubleaseLease, (e) the insolvency, bankruptcy, reorganization or similar proceedings by or against the Ground SublessorLessor, the Ground Sublessee Lessee or any other Person, (f) the failure by the Ground Sublessee Lessee to comply with Section 3 or Section 5 or 8 or any other provision hereof, or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.

Appears in 2 contracts

Samples: Participation Agreement (Dynegy Danskammer LLC), Site Lease Agreement (Dynegy Danskammer LLC)

Nonterminability. Subject to Section 4.5 2.5 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 Facility Site 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 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 3 or 5 or 8 or any other provision hereof, or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.

Appears in 1 contract

Samples: Sublease Agreement (Dynegy Danskammer LLC)

Nonterminability. Subject to Section 4.5 Sections 2.6 and 2.8 hereof, the Site Sublease Lease Term shall not be terminated nor shall any of the rights granted or conveyed hereunder to the Ground Sublessee Lessee be extinguished, diminished, lost or otherwise impairedbe merged into or with any other estate, 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, or 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 Lessee for any reason whatsoever and of whatever duration, (b) the condemnation, requisitioningrequisition, 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 Facility Site 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 Site Lease and SubleaseLease, (e) the insolvency, bankruptcy, reorganization or similar proceedings by or against the Ground SublessorLessor, the Ground Sublessee Lessee or any other Person, (f) the failure by the Ground Sublessee Lessee to comply with Section 3 or Section 5 or 8 or any other provision hereof, or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.

Appears in 1 contract

Samples: Site Lease and Easement Agreement (Keyspan Corp)

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Nonterminability. Subject to Section 4.5 2.5 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 Facility Site or Ground Interest the Easements 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 3 or 5 or 8 or any other provision hereof, or (g) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.

Appears in 1 contract

Samples: Keyspan Corp

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