Common use of Obligations of Company Hereunder Unconditional Clause in Contracts

Obligations of Company Hereunder Unconditional. The obligations of the Company to make the payments required in Section 5.3 hereof, and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Company, and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counterclaim it may otherwise have against the Issuer. The Company agrees it will not (i) suspend, discontinue or abatx xxx payment required hereunder, (ii) fail to observe any of its other covenants or agreements in this Lease Agreement or (iii) terminate this Lease Agreement for any cause whatsoever unless and until the Bond, including premium, if any, and interest thereon, is paid or provided for. Subject to the foregoing provisions, nothing contained in this Section shall be construed to release the Issuer from the -performance of any of the agreements on its part contained in this Lease Agreement or to affect the right of the Company to seek reimbursement, and in the event the Issuer should fail to perform any such agreement, the Company may institute such separate action against the Issuer as the Company may deem necessary to compel performance or recover damages for non- performance, and the Issuer covenants that it will not, subject to the provisions of Section 8.3 and Article X hereof, take, suffer or permit any action which will adversely affect, or create any defect in its title to the Facility or which will otherwise adversely affect the rights or estate of the Company hereunder, except upon written consent of the Company.

Obligations of Company Hereunder Unconditional. The obligations of the Company to make the payments required in Section 5.3 hereof, and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Company, and shall be absolute and unconditional irrespective of any defense or any rights of setoff, setoff recoupment or counterclaim it may otherwise have against the IssuerAgency. The Company agrees it will not (i1) suspend, discontinue or abatx xxx xxxxx any payment required hereunder, (ii) fail to observe any of its other covenants or agreements in this Lease Agreement or (iii) terminate this Lease Agreement for any cause whatsoever unless and until the Bond, including premium, if any, and interest thereon, is Loan has been paid or provided forin full. Subject to the foregoing provisions, nothing contained in this Section shall be construed to release the Issuer Agency from the -performance performance of any of the agreements on its part contained in this Lease Agreement or to affect the right of the Company to seek reimbursement, and in the event the Issuer Agency should fail to perform any such agreement, the Company may institute such separate action against the Issuer Agency as the Company may deem necessary to compel performance or recover damages for non- non-performance, and the Issuer covenants Agency Covenants that it will not, subject to the provisions of Section Sections 3.3 and 8.3 and Article X hereof, take, suffer or permit any action which will adversely affect, or create any defect in its title to the Facility or which will otherwise adversely affect the rights or estate of the Company hereunder, except upon written consent of the Company.

Obligations of Company Hereunder Unconditional. The obligations of the Company to make the payments required in Section 5.3 hereof, and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Company, and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counterclaim it may otherwise have against the IssuerAgency. The Company agrees it will not (i) suspend, discontinue or abatx xxx xxxxx any payment required hereunder, or (ii) fail to observe any of its other covenants or agreements in this Lease Agreement or (iii) terminate this Lease Agreement for any cause whatsoever unless and until the Bond, including premium, if any, and interest thereon, is paid or provided forAgreement. Subject to the foregoing provisions, nothing contained in this Section shall be construed to release the Issuer Agency from the -performance performance of any of the agreements on its part contained in this Lease Agreement or to affect the right of the Company to seek reimbursement, and in the event the Issuer Agency should fail to perform any such agreement, the Company may institute such separate action against the Issuer Agency as the Company may deem necessary to compel performance or recover damages for non- non-performance, and the Issuer Agency covenants that it will not, subject to the provisions of Section Sections 3.3 and 8.3 and Article X hereof, take, suffer or permit any action which will adversely affect, or create any defect in its title to or leasehold interest in the Facility or which will otherwise adversely affect the rights or estate of the Company hereunder, except upon written consent of the Company.

Obligations of Company Hereunder Unconditional. The obligations of the Company to make the payments required in Section 5.3 hereof, and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Company, and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counterclaim it may otherwise have against the IssuerAgency. The Company agrees it will not (i) suspend, discontinue or abatx xxx xxxxx any payment required hereunder, hereunder or (ii) fail to observe any of its other covenants or agreements in this Lease Agreement or (iii) terminate this Lease Agreement for any cause whatsoever unless and until the Bond, including premium, if any, and interest thereon, is paid or provided forAgreement. Subject to the foregoing provisions, nothing contained in this Section shall be construed to release the Issuer Agency from the -performance performance of any of the agreements on its part contained in this Lease Agreement or to affect the right of the Company to seek reimbursement, and in the event the Issuer Agency should fail to perform any such agreement, the Company may institute such separate action against the Issuer Agency as the Company may deem necessary to compel performance or recover damages for non- non-performance, and the Issuer Agency covenants that it will not, subject to the provisions of Section 8.3 and Article X hereof, take, suffer or permit any action which will adversely affect, or create any defect in its title to the Facility or which will otherwise adversely affect the rights or estate of the Company hereunder, except upon written consent of the Company. The Agency is relying upon the title description of the Facility provided by the Company and attached hereto as Exhibit A and therefore will not be liable to the Company for any errors or omissions as to the title description.

Obligations of Company Hereunder Unconditional. The obligations of the Company to make the payments required in Section 5.3 hereof, 2.6 hereof and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Company, Company and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counterclaim it may otherwise have against the IssuerAgency. The Company agrees it will not (i) suspend, discontinue or abatx xxx xxxxx any payment required hereunder, by Section 2.6 hereof or (ii) fail to observe any of its other covenants or agreements in this Lease Agreement or (iii) terminate this Lease Agreement for any cause whatsoever unless and until the Bond, including premium, if any, and interest thereon, is paid or provided forLeaseback Agreement. Subject to the foregoing provisions, nothing contained in this Section 2.7 shall be construed to release the Issuer Agency from the -performance perfoimance of any of the agreements on its part contained in this Lease Leaseback Agreement or to affect the right of the Company to seek reimbursement, and in the event the Issuer Agency should fail to perform any such agreement, the Company may institute such separate action against the Issuer Agency as the Company may deem necessary to compel performance or recover damages for non- performancenonperformance, and the Issuer Agency covenants that it will not, subject to the provisions of Section 8.3 and Article X 5.2 hereof, take, suffer or permit any action which will adversely affect, or create any defect in its title to the Facility or which will otherwise adversely affect the rights or estate estates of the Company hereunder, except upon the written consent of the Company. None of , the foregoing shall relieve the Company of its obligations under Section 5.2 hereof.