Common use of Obligations of Company Unconditional Clause in Contracts

Obligations of Company Unconditional. The obligation of the Company to pay the Basic Rent, to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-off, recoupment or counterclaim it might otherwise have against the Board. The Company will not suspend or discontinue any such payment or fail to perform and observe any of its other agreements and covenants contained herein or terminate this Lease Agreement for any cause, including, without limiting the generality of the foregoing, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the taking by eminent domain of title to or the right to temporary use of all or any of the Project, or any change in the tax or other laws of the United States of America, the State of Alabama or any political subdivision of either thereof, or any failure of the Board to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease Agreement. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the Board, prosecute or defend any action or proceeding or take any other action involving third persons which the Company deems reasonably necessary in order to secure or protect its rights of use and occupancy and other rights hereunder. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board under this Lease Agreement or under any provision of law.

Obligations of Company Unconditional. The obligation of the Company to pay the Basic Rent, to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-off, recoupment or counterclaim counter-claim it might otherwise have against the Board. The Company will not suspend or discontinue any such payment or fail to perform and observe any of its other agreements and covenants contained herein or terminate this Lease Agreement for any cause, including, without limiting the generality of the foregoing, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the taking by eminent domain of title to or the right to temporary use of all or any of the Project, or any change in the tax or other laws of the United States of America, the State of Alabama or any political subdivision of either thereof, or any failure of of. the Board to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease Agreement. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the Board, prosecute or defend any action or proceeding or take any other action involving third persons which the Company deems reasonably necessary in order to secure or protect its rights of use and occupancy and the other rights hereunder. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board under this Lease Agreement or under any provision of law.

Obligations of Company Unconditional. The obligation of the Company to pay the Basic Rent, to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-off, recoupment or counterclaim it might otherwise have against the BoardCouncil. The Company will not suspend suspend, discontinue, reduce or discontinue defer any such payment or fail to perform and observe any of its other agreements and covenants contained herein or (except as expressly authorized herein) terminate this the Lease Agreement for any cause, including, without limiting the generality of the foregoing, the failure of the Council to complete the acquisition, improvement, enlargement and installation of the Project or any other part of the Project Development Work, any acts or circumstances that may constitute an eviction or constructive evictiondeprive the Company of the use and enjoyment of the Project, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the ProjectProject or any part thereof, or the taking by eminent domain Eminent Domain of title to or the right to temporary use of all or any part of the Project, or any change in the tax or other laws laws, rules and regulations of the United States of America, the State of Alabama or any political or taxing subdivision or any department or agency of either thereof, or any change in the cost or availability of labor or energy adversely affecting the profitable operation of the Project by the Company, or any failure of the Board Council to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with the Lease. The provisions of the first paragraph of this Lease Agreementsection shall remain in effect only so long as any of the Indenture Indebtedness remains outstanding and unpaid. Notwithstanding Nothing contained in this section shall be construed to prevent the foregoing, the Company mayCompany, at its own cost and expense and in its own name or in the name of the BoardCouncil, prosecute from prosecuting or defend defending any action or proceeding or take taking any other action involving third persons which the Company deems reasonably necessary in order to secure or protect its rights of use hereunder, including, without limitation, such actions as may be necessary to insure that the Project Development Work will be completed in accordance with the directions and occupancy and other rights hereunder. The provisions requirements of the first Company, and second sentences of in such event the Council will cooperate fully with the Company in any such action or proceeding. Further, nothing contained in this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely release the Council from the performance of any of the agreements on its part herein contained or to impair preclude the option Company from instituting such action against the Council as the Company may deem necessary to terminate this Lease Agreement granted compel such performance, it being understood and agreed, however, that no such action on the part of the Company shall in Section 8.2 hereof. Furthermore, except as provided any way affect the agreements on the part of the Company contained in the first and second sentences paragraph of this section, nothing contained herein shall be construed to be a waiver of section or in any rights which way relieve the Company may have against the Board under this Lease Agreement or under from performing any provision of lawsuch agreements.

Obligations of Company Unconditional. The obligation of the Company to pay the Basic RentRentals (subject to its right to contest certain Rental under Section 3.3(c) hereof), to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-offsetoff, recoupment or counterclaim it might otherwise have against the BoardIDB or any other. Person. The Company will not suspend or discontinue any such payment or fail to perform and observe any of its other agreements and covenants contained herein or terminate this Lease Agreement for any causecause whatsoever, including, without limiting the generality of the foregoing, failure to complete the 2017 Project, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the invalidity of any provision of this Lease, the taking by eminent domain of title to or the right to temporary the use of all or any of the Project, or any change in the tax or other laws of the United States of America, the State of Alabama or any political subdivision of either thereof, or any failure of the Board IDB to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease AgreementLease. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the BoardIDB, prosecute or defend any action or proceeding or take any other action involving third persons which the Company deems reasonably necessary necessary, in order to secure or protect its rights of use and occupancy and its other rights hereunder. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing Nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board IDB under this Lease Agreement or under any provision of law.

Obligations of Company Unconditional. The obligation of the Company to pay the Basic RentRentals (subject to its right to contest certain Rental under Section 3.3(c)(ii) hereof), to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-offsetoff, recoupment or counterclaim it might otherwise have against the BoardIssuer or any other Person. The Company will not suspend or discontinue any such payment or fail to perform and observe any of its other agreements and covenants contained herein or terminate this the Lease Agreement for any causecause whatsoever, including, without limiting the generality of the foregoing, any failure to complete the 2002 Project, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the invalidity of any provision of the Lease Agreement, the taking by eminent domain of title to or the right to temporary use of all or any of the Project, or any change in the tax or other laws of the United States of America, the State of Alabama or any political subdivision of either thereof, or any failure of the Board Issuer to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this the Lease Agreement. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the BoardIssuer, prosecute or defend any action or proceeding proceeding, or take any other action involving third persons which the Company deems reasonably necessary necessary, in order to secure or protect its rights of use and occupancy and its other rights hereunderunder the Lease Agreement. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing Nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board Issuer under this the Lease Agreement or under any provision of law.

Obligations of Company Unconditional. The obligation of the Company to pay the Basic Rent, to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-off, recoupment or counterclaim counter-claim it might otherwise have against the Board. The Company will not suspend or discontinue any such payment or fail to perform and observe any of its other agreements and covenants contained herein or terminate this Lease Agreement for any cause, including, without limiting the generality of the foregoing, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the taking by eminent domain of title to or the right to temporary use of all or any of the Project, or any change in the tax or other laws of the United States of America, the State of Alabama or any political subdivision of either thereof, or any failure of of. the Board to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease Agreement. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the Board, prosecute or defend any action or proceeding or take any other action involving third persons which the Company deems reasonably necessary in order to secure or protect its rights of use and occupancy and the other rights hereunder. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board under this Lease Agreement or under any provision of law.,

Obligations of Company Unconditional. The obligation of the Company to pay the Basic Rent, to make all other payments provided for herein Loan Payments and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-offsetoff, recoupment or counterclaim it might otherwise have against the BoardIssuer, the Trustee, the Bank or any other Person. The Company will not suspend or discontinue any such payment Loan Payments or fail to perform and observe any of its other agreements and covenants contained herein or terminate this Lease Loan Agreement for any causecause whatsoever, including, without limiting the generality of the foregoing, failure to complete the Project, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the Invalidity of any provision of this Loan Agreement, the taking by eminent domain of title to or the right to temporary use of all or any of the Project, or any change in the tax or other laws of the United States of America, America or of the State of Alabama or any political subdivision of either thereof, or any failure of the Board Issuer to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease Loan Agreement. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the BoardIssuer, prosecute or defend any action or proceeding proceeding, or take any other action involving third persons which the Company deems reasonably necessary necessary, in order to secure or protect its rights of use and occupancy of the Project and its other rights hereunder. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing Nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board Issuer under this Lease Loan Agreement or under any provision of law.

Obligations of Company Unconditional. The obligation of the Company to pay the Basic RentRentals (subject to its right to contest certain Rental under Section 3.3(c) hereof), to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-offsetoff, recoupment or counterclaim it might otherwise have against the BoardIDB or any other Person. The Company will not suspend or discontinue any such payment or fail to perform and observe any of its other agreements and covenants contained herein or terminate this Lease Agreement for any causecause whatsoever, including, without limiting the generality of the foregoing, the failure of the IDB to complete the Project, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the invalidity of any provision of this Lease Agreement, the taking by eminent domain of title to or the right to temporary use of all or any of the Project, or any change in the tax or other laws of the United States of America, the State of Alabama or any political subdivision of either thereof, or any failure of the Board IDB to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease Agreement. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the BoardIDB, prosecute or defend any action or proceeding or take any other action involving third persons which the Company deems reasonably necessary necessary, in order to secure or protect its rights of use and occupancy and its other rights hereunder. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing Nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board IDB under this Lease Agreement or under any provision of law.

Obligations of Company Unconditional. The obligation of the Company to pay the Basic RentRentals (subject to its right to contest certain Rental under Section 3.3(c) hereof), to make all other payments provided for herein and to perform and observe the other agreements and covenants on its part herein contained shall be absolute and unconditional, irrespective of any rights of set-offsetoff, recoupment or counterclaim it might otherwise have against the BoardIssuer or any other Person. The Company will not suspend or discontinue any such payment or fail to perform and observe any of its other agreements and covenants contained herein or terminate this Lease Agreement for any causecause whatsoever, including, without limiting the generality of the foregoing, the failure of the Issuer to complete the Project, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration or commercial frustration of purpose, or any damage to or destruction of the Project, or the invalidity of any provision of this Lease Agreement, the taking by eminent domain of title to or the right to temporary use of all or any of the Project, or any change in the tax or other laws of the United States of America, the State of Alabama or any political subdivision of either thereof, or any failure of the Board Issuer to perform and observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease Agreement. Notwithstanding the foregoing, the Company may, at its own cost and expense and in its own name or in the name of the BoardIssuer, prosecute or defend any action or proceeding or take any other action involving third persons which the Company deems reasonably necessary necessary, in order to secure or protect its rights of use and occupancy and its other rights hereunder. The provisions of the first and second sentences of this section shall apply only so long as any part of the principal of and the interest on the Bonds remains outstanding and unpaid, and nothing contained therein shall be construed to affect adversely or to impair the option to terminate this Lease Agreement granted in Section 8.2 hereof. Furthermore, except as provided in the first and second sentences of this section, nothing Nothing contained herein shall be construed to be a waiver of any rights which the Company may have against the Board Issuer under this Lease Agreement or under any provision of law.