Common use of Operating Requirement Clause in Contracts

Operating Requirement. In no event shall Lessee be obligated to keep all or any part of any Leased Property operating during the Term. If Lessee discontinues operations, Lessee shall comply in all material respects with all Applicable Legal Requirements and otherwise comply in all material respects with the terms and conditions of this Lease except as to the continuing operation of the Leased Property. If Lessee discontinues operations, Lessee shall secure the Terminal System in a manner approved by Lessor. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Rent, Variable Rent and Additional Rent as and when due under this Lease during any period in which Lessee discontinues operations in whole or in part.

Operating Requirement. In no event shall Lessee be obligated to keep all or any part of any Leased Property operating during the Termoperating. If Lessee discontinues operations, Lessee shall comply in all material respects with all Applicable Legal Requirements and otherwise comply in all material respects with the terms and conditions of this Lease except as to the continuing operation of the Leased Property. If Lessee discontinues operations, Lessee shall secure the Terminal System in a manner approved by Lessor. Notwithstanding anything herein Subject to the contraryother terms and conditions of this Lease regarding Lessee’s right in certain circumstances to terminate this Lease and / or to offset Base Rent and Additional Rent against amounts due from Lessor hereunder, Lessee shall pay the Base Rent, Variable Rent and Additional Rent as and when due under this Lease during any period in which Lessee discontinues operations in whole or in part.