Common use of PAYMENTS UNCONDITIONAL; TAX BENEFITS; ACCEPTANCE Clause in Contracts

PAYMENTS UNCONDITIONAL; TAX BENEFITS; ACCEPTANCE. EACH LEASE SHALL BE A NET LEASE, AND LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHER SUMS THEREUNDER, AND THE RIGHTS OF LESSOR IN AND TO SUCH PAYMENTS, SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SETOFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT, FOR ANY REASON WHATSOEVER. It is the intent of Lessor, and an inducement to Lessor, to enter into each Lease, to claim all available tax benefits of ownership with respect to the Equipment subject thereto. Lessee acknowledges and represents that (a) no right, title or interest in such Equipment has been or is intended to be passed to Lessee, other than the right to maintain possession of and use of such Equipment for the Original Term of such Lease, conditioned on Lessee's performance of the terms and conditions of such Lease, (b) Lessee has not taken and will not, at any time during the Original Term of such Lease, take any action which could cause Lessor to lose any tax benefits of ownership, and (c) the Casualty Value of each Unit (as defined in the applicable Lease) includes an amount which provides for Lessor's recovery of the loss of such tax benefits. Lessee's acceptance of the Equipment subject to a Lease shall be conclusively and irrevocably evidenced by Lessee executing an Acceptance Certificate with respect to such Equipment, and, upon acceptance, such Lease shall be noncancellable for its Original Term unless otherwise agreed to in writing by Lessor. Any nonpayment of Rent or other amounts payable under any Lease shall result in Lessee's obligation to promptly pay Lessor as additional Rent on such overdue payment, for the period of time during which it is overdue (without regard to any grace period), interest at a rate equal to the lesser of (a) 14% per annum, or (b) the maximum rate of interest permitted by law.

PAYMENTS UNCONDITIONAL; TAX BENEFITS; ACCEPTANCE. EACH LEASE SHALL BE A NET LEASE, AND LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHER SUMS THEREUNDER, AND THE RIGHTS OF LESSOR IN AND TO SUCH PAYMENTS, SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SETOFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT, FOR ANY REASON WHATSOEVER. It is the intent of Lessor, and an inducement to Lessor, to enter into each Lease, to claim all available tax benefits of ownership with respect to the Equipment subject thereto. Lessee acknowledges and represents that (a) no right, title or interest in such Equipment has been or is intended to be passed to Lessee, other than the right to maintain possession of and use of such Equipment for the Original Term of such Lease, conditioned on Lessee's performance of the terms and conditions of such Lease, (b) Lessee has not taken and will not, at any time during the Original Term of such Lease, take any action which could cause Lessor to lose any tax benefits of ownership, and (c) the Casualty Value of each Unit (as defined in the applicable Lease) includes an amount which provides for Lessor's recovery of the loss of such tax benefits. Lessee's acceptance of the Equipment subject to a Lease shall be conclusively and irrevocably evidenced by Lessee executing an Acceptance Certificate with respect to such Equipment, and, upon acceptance, such Lease shall be noncancellable for its Original Term unless otherwise agreed to in writing by Lessor. Any nonpayment of Rent or other amounts payable under any Lease shall result in Lessee's obligation to promptly pay Lessor as additional Rent on such overdue payment, for the period of time during which it is overdue (without regard to any grace period), interest at a rate equal to the lesser of (a) 14% per annum, or (b) the maximum rate of interest permitted by law.,

PAYMENTS UNCONDITIONAL; TAX BENEFITS; ACCEPTANCE. EACH LEASE SHALL BE A NET LEASE, AND LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHER SUMS THEREUNDER, AND THE RIGHTS OF LESSOR IN AND TO SUCH PAYMENTS, SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SETOFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT, FOR ANY REASON WHATSOEVER. It is the intent of Lessor, and an inducement to Lessor, to enter into each Lease, to claim all available tax benefits of ownership with respect to the Equipment subject thereto. Lessee acknowledges and represents that (a) no right, title or interest in such Equipment has been or is intended to be passed to Lessee, other than the right to maintain possession of and use of such Equipment for the Original Term of such Lease, conditioned on Lessee's performance of the terms and conditions of such Lease, (b) Lessee has not taken and will not, at any time during the Original Term of such Lease, take any action which could cause Lessor to lose any tax benefits of ownership, and (c) the Casualty Value of each Unit (as defined in the applicable Lease) includes an amount which provides for Lessor's recovery of the loss of such tax benefits. Lessee's acceptance of the Equipment subject to a Lease shall be conclusively and irrevocably evidenced by Lessee executing an a Acceptance Certificate with respect to such Equipment, and, upon acceptance, such Lease shall be noncancellable for its Original Term unless otherwise agreed to in writing by Lessor. Any nonpayment of Rent or other amounts payable under any Lease shall result in Lessee's obligation to promptly pay Lessor as additional Rent on such overdue payment, for the period of time during which it is overdue (without regard to any grace period), interest at a rate equal to the lesser of (a) 14% per annum, or (b) the maximum rate of interest permitted by law.. 3.2

PAYMENTS UNCONDITIONAL; TAX BENEFITS; ACCEPTANCE. EACH LEASE SHALL BE A NET LEASE, AND SUBJECT TO SECTION 5.3 HEREOF, LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHER SUMS THEREUNDER, AND THE RIGHTS OF LESSOR IN AND TO SUCH PAYMENTS, SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SETOFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT, FOR ANY REASON WHATSOEVER. It is the intent of Lessor, and an inducement to Lessor, to enter into each Lease, to claim all available tax benefits of ownership with respect to the Equipment subject thereto. Lessee acknowledges and represents that (a) no right, title or interest in such Equipment has been or is intended to be passed to Lessee, other than the right to maintain possession of and use of such Equipment for the Original Term of such Lease, conditioned on Lessee's performance of the terms and conditions of such Lease, (b) Lessee has not taken and will not, at any time during the Original Term of such Lease, take any action which could cause Lessor to lose any tax benefits of ownership, and (c) the Casualty Value of each Unit (as defined in the applicable Lease) includes an amount which provides for Lessor's recovery of the loss of such tax benefits. Lessee's acceptance of the Equipment subject to a Lease shall be conclusively and irrevocably evidenced by Lessee executing an a Acceptance Certificate with respect to such Equipment, and, upon acceptance, such Lease shall be noncancellable for its Original Term unless otherwise agreed to except as set forth in writing by LessorSection 5.14. Any nonpayment of Rent or other amounts payable under any Lease shall result in Lessee's obligation to promptly pay Lessor as additional Rent on such overdue payment, for the period of time during which it is overdue (without regard to any grace period), interest at a rate equal to the lesser of (a) 14% per annum, or (b) the maximum rate of interest permitted by lawlaw (the "Default Rate").

PAYMENTS UNCONDITIONAL; TAX BENEFITS; ACCEPTANCE. EACH LEASE RENT SHALL BE A NET LEASERENT, AND LESSEE'S ’S OBLIGATION TO PAY ALL PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (“SEC”), CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. THIS INFORMATION HAS BEEN DENOTED BY ASTERISKS [***]. RENT AND OTHER SUMS THEREUNDER, AND THE RIGHTS OF LESSOR IN AND TO SUCH PAYMENTS, SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SETOFF, DEFENSE, COUNTERCLAIMCOUNTER CLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT, FOR ANY REASON WHATSOEVER. It is the intent of Lessor, and an inducement to Lessor, to enter into each Leasethis Agreement, to claim all available tax benefits of ownership with respect to the Equipment Nodes subject thereto. , notwithstanding Lessee acknowledges and represents that (a) no right, title or interest in such Equipment has been or is intended shall be entitled to be passed to Lessee, other than the right to maintain possession of and use of such Equipment for the Original Term of such Lease, conditioned on Lessee's performance of the terms and conditions of such Lease, (b) Lessee has not taken and will not, at any time during the Original Term of such Lease, take any action which could cause Lessor to lose claim any tax benefits of ownership, and (c) the Casualty Value of each Unit (available to Lessee as defined in the applicable Lease) includes an amount which provides for Lessor's recovery of the loss of such tax benefitsper its condition under this Agreement. Lessee's ’s acceptance of the Equipment Nodes subject to a Lease this Agreement shall be conclusively and irrevocably evidenced by Lessee executing an Acceptance Certificate with respect to such Equipment, andthis Agreement, upon acceptance, such Lease which event this Agreement shall be noncancellable for its Original the Term unless as provided in Section 1.5 or otherwise agreed to in writing by Lessor. Any nonpayment of Rent or other amounts payable under any Lease shall result in Lessee's obligation to promptly pay Lessor as additional Rent on such overdue payment, for the period of time during which it is overdue (without regard to any grace period), interest at a rate equal to the lesser of (a) 14% per annum, or (b) the maximum rate of interest permitted by lawParties.