PAYMENTS To BE UNCONDITIONAL. SUBJECT To THE TERMS OF THIS RIDER, THE OBLIGATIONS OF LESSEE To PAY THE PAYMENTS DUE UNDER THE AGREEMENT AND To PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED THEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS, CLAIMS OR ACTIONS AGAINST ANY EQUIPMENT VENDOR, DEALER OR MANUFACTURER.
PAYMENTS To BE UNCONDITIONAL. Except as expressly provided for in this Agreement, any present or future law to the contrary notwithstanding, this Agreement shall not terminate, nor shall the Charter School be entitled to any abatement, suspension, deferment, reduction, setoff, counterclaim, or defense with respect to the payments, nor shall the obligations of the Charter School be affected (except as expressly permitted) by reason of:
1. any failure of the Facilities or any part thereof to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the Facilities, any accident or unforeseen circumstances, or any damage to or destruction of the Facilities, or any part thereof;
2. any taking of the Facilities, or any part thereof, or interest therein by condemnation or otherwise;
3. any prohibition, limitation, restriction or prevention of the Charter School’s use, occupancy or enjoyment of the Facilities, or any part thereof, or any interference with such use, occupancy or enjoyment by any person for any reason;
4. any title defect, lien or any other matter affecting title to the Facilities;
5. any eviction by paramount title or otherwise;
6. any default by the Charter School;
7. any action for bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding relating to or affecting this Agreement or the Charter School;
8. the impossibility or illegality of performance by the Charter School;
9. any action of any governmental authority or any other person;
10. the Charter School’s acquisition of ownership of all or part of the Facilities;
11. breach of any warranty or representation with respect to the Facilities;
12. any defect in the condition, quality, or fitness for use of the Facilities;
13. Any other cause or circumstance similar or dissimilar to the foregoing, and whether or not the Charter School has notice or knowledge of any of the foregoing; or
14. Notwithstanding the above, nothing in this section shall affect a Charter School’s rights and obligations pursuant to Education Code Section 17078.62 if the Charter School ceases to use the facility after a revocation and/or non-renewal.
PAYMENTS To BE UNCONDITIONAL. Except as expressly provided for in this Agreement, any present or future law to the contrary notwithstanding, this Agreement shall not terminate, nor shall the Charter School be entitled to any abatement, suspension, deferment, reduction, setoff, counterclaim, or defense with respect to the payments, nor shall the obligations of the Charter School be affected (except as expressly permitted) by reason of:
PAYMENTS To BE UNCONDITIONAL. The obligation of the County to make the Rental Payments required hereunder and to perform and observe the other agreements and covenants contained herein shall be absolute and unconditional, subject to the provisions of Section 6.03 hereof, and notwithstanding any dispute between or among the County, the Corporation and any other person, the County shall make all Rental Payments when due without deduction or offset of any kind, and the County shall not withhold any such payments pending final resolution of such dispute nor shall it assert any right of set-off or counterclaim against its obligation to make such payments required hereunder. In the event of a determination that the County was not liable for any Rental Payments or any portion thereof, such payments or excess of payments, as the case may be, shall, at the option of the County, be credited against any subsequent Rental Payments that may become due hereunder or shall be refunded at the time of such determination.
PAYMENTS To BE UNCONDITIONAL. The obligations of Client to make payment of the amounts required under paragraph 2 hereof or under any other paragraphs hereof and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events, except that Client shall have no obligation to make any payment for which the date for payment, as specified in Schedule I hereto, shall occur after the term of the license granted hereunder shall have terminated if such termination shall occur pursuant to the terms of paragraph 3.B. hereof. Notwithstanding any dispute between Client and AC under this License Agreement or the Principal Agreement, or between Client and any other person, partnership or entity, Client shall make all payments when due and Client shall not assert any right of setoff or counterclaim against its obligation to make payments hereunder, nor shall any payments otherwise required hereunder be abated through accident or unforeseen circumstances. Notwithstanding the foregoing or the following provisions of this Section 4, AC and any assignee of AC may enter into a written agreement authorizing AC to direct the Client to make payments hereunder to AC in the event such assignee defaults in its obligation to advance funds to AC and Client is hereby authorized and directed to comply with any such instructions given by AC and such assignee pursuant to such an agreement. Furthermore, Client's obligations under this Agreement are separate from, and shall not impair or be impaired by, any other agreements between the parties, including (but not limited to) the Principal Agreement.
PAYMENTS To BE UNCONDITIONAL. The obligations of Lessee to make Payments and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason.
