Common use of Payments Unconditional Clause in Contracts

Payments Unconditional. PPC's obligation to pay Rent and make other payments, and perform any obligations, owed to the Lessor pursuant to or in connection with this Agreement or any of the other Lease Documents to which it is a party shall be absolute and unconditional and shall not be affected by and shall be irrespective of any contingency whatsoever including (but not limited to): 8.2.1 any right of set-off, counterclaim, recoupment, defence, deduction, withholding or other right; 8.2.2 any unavailability of the Haewene Brim Equipment (or any part thereof) for any reason, including, but not limited to, requisition thereof, or any prohibition or interruption of or other restriction against the Lessor's, PPC's, the applicable Field Operator's or any other person's use, operation or possession of the Haewene Brim Equipment (or any part thereof), any interference with such use, operation or possession or failure to deliver any part of the Haewene Brim Equipment or any lack or invalidity of title or any other defect in the title, suitability, merchantability, satisfactory quality, fitness for any purpose, condition, appearance, safety, design, or operation of any kind or nature of the Haewene Brim Equipment (or any part thereof), or the ineligibility of the Haewene Brim Equipment (or any part thereof) for any particular use or trade, or for want of registration or the absence or withdrawal of any permit, licence, authorisation or other documentation required under the applicable law of any relevant jurisdiction for the ownership, leasing, use, operation or location of the Haewene Brim Equipment (or any part thereof), or (subject to clause 10.1.1 (Total Loss)) the Total Loss of, or any damage to, the Haewene Brim Equipment or any part thereof; 8.2.3 any insolvency, bankruptcy, winding-up, administration, reorganisation, reconstruction, arrangement, readjustment or rescheduling of debt, dissolution, liquidation or similar proceedings by or against the Lessor, the Bank, Xxxxxxx Energy, PPC, the applicable Field Operator, the L/C Bank, Bluewater Energy or any other Security Party; 8.2.4 any invalidity or unenforceability or lack of due authorisation of, or other defect in, this Agreement or any of the other Transaction Documents or any particular provision hereof or thereof; 8.2.5 any failure or delay on the part of any party, whether with or without fault on its part, duly to perform or comply with its obligations under this Agreement or any of the other Transaction Documents; and 8.2.6 any other case which but for this provision would or might have the effect of terminating or in any way affecting any obligation of PPC hereunder (but without prejudice to the rights of PPC to damages or specific performance or any other injunctive relief in respect of this Agreement or any of the other Transaction Documents), it being the declared intention of the parties that the provisions of this clause and the obligations of PPC to pay Rent and make other payments in accordance with this Agreement and the other Lease Documents shall survive any frustration and that save as expressly and specifically provided in this Agreement and in the Deed of Proceeds and Priorities no moneys payable or paid hereunder by PPC to the Lessor shall in any event or circumstances be repayable to PPC.

Appears in 2 contracts

Samples: Lease Agreement (Bluewater Offshore Production Systems Usa Inc), Lease Agreement (Bluewater Offshore Production Systems Usa Inc)

AutoNDA by SimpleDocs

Payments Unconditional. PPCThe Lessee's obligation and the Sub-Lessee's obligations to pay Rent and make other payments, and perform any obligations, owed to the Lessor pursuant to or in connection with payments under this Agreement or any of the other Lease Documents to which it is a party shall be absolute and unconditional and shall not be affected by and shall be irrespective of any contingency whatsoever including (but not limited to):): 8. 8.2.1 2.1 any right of set-off, counterclaim, recoupment, defence, deduction, withholding or other right;, save as the same may be required by law; 8. 8.2.2 2.2 any unavailability of the Haewene Brim Equipment (or any part thereof) for any reason, including, but not limited to, requisition thereof, or any prohibition or interruption of or other restriction against the Lessor'suse, PPC'soperation or possession of the Equipment by the Standby Purchaser, the applicable Lessee, the Sub-Lessee, Enterprise or any other Field Operator's Contractor or any other person's use, operation or possession of the Haewene Brim Equipment (or any part thereof)Equipment, any interference with such use, operation or possession or failure to deliver any part of the Haewene Brim Equipment or any lack or invalidity of title or any other defect in the title, suitability, merchantability, satisfactory quality, fitness for any purpose, condition, appearance, safety, design, or operation of any kind or nature of the Haewene Brim Equipment (or any part thereof)Equipment, or the ineligibility of the Haewene Brim Equipment (or any part thereof) for any particular use or trade, or for want of registration or the absence or withdrawal of any permit, licence, authorisation or other documentation required under the applicable law of any relevant jurisdiction for the ownership, leasing, use, operation or location of the Haewene Brim Equipment (or any part thereof)thereof or, or (subject to clause 10.1.1 (Total Loss)) 10.1, the Total Loss of, or any damage to, the Haewene Brim or the Equipment or any part thereof;; 8. 8.2.3 2.3 any insolvency, bankruptcy, winding-up, administration, reorganisation, reconstruction, arrangement, readjustment or rescheduling of debt, dissolution, liquidation or similar proceedings by or against the Lessor, the Bank, Xxxxxxx Energy, PPC, the applicable Field Operator, the L/C Bank, Bluewater Energy or any other Security Party;persons; 8. 8.2.4 2.4 any invalidity or unenforceability or lack of due authorisation of, or other defect in, this Agreement or any of the other Transaction Documents or any particular provision hereof or thereof; 8.2.5 any failure or delay on the part of any party, whether with or without fault on its part, duly to perform or comply with its obligations under this Agreement or any of the other Transaction Documents; and 8.2.6 any other case which but for this provision would or might have the effect of terminating or in any way affecting any obligation of PPC hereunder (but without prejudice to the rights of PPC to damages or specific performance or any other injunctive relief in respect of this Agreement or any of the other Transaction Documents), it being the declared intention of the parties that the provisions of this clause and the obligations of PPC to pay Rent and make other payments in accordance with this Agreement and the other Lease Documents shall survive any frustration and that save as expressly and specifically provided in this Agreement and in the Deed of Proceeds and Priorities no moneys payable or paid hereunder by PPC to the Lessor shall in any event or circumstances be repayable to PPC.

Appears in 2 contracts

Samples: Standby Lease Agreement (Bluewater Offshore Production Systems Usa Inc), Standby Lease Agreement (Bluewater Offshore Production Systems Usa Inc)

Payments Unconditional. PPCThe Lessee's obligation to pay Rent and make other payments, and perform any obligations, owed to the Lessor pursuant to or in connection with this Agreement or any of the other Relevant Lease Documents to which it is a party shall shall, subject to Clause 23.1, be absolute and unconditional and shall not be affected by and shall be irrespective of any contingency whatsoever including (but not limited to): 8.2.1 (a) any right of set-off, counterclaim, recoupment, defence, deduction, withholding or other right; 8.2.2 (b) any unavailability of the Haewene Brim Equipment (or any part thereof) Vessel for any reason, including, but not limited to, requisition thereof, or any prohibition or interruption of or other restriction against the Lessor's, PPCthe Lessee's, the applicable Field OperatorSub-Lessee's, any Service Contractor's or any other person's use, operation or possession of the Haewene Brim Equipment (or any part thereof)Vessel, any interference with such use, operation or possession or failure to deliver any part of the Haewene Brim Equipment Vessel or any lack or invalidity of title or any other defect in the title, suitability, merchantabilityseaworthiness, satisfactory quality, merchantability, fitness for any purpose, condition, appearance, safety, design, or operation of any kind or nature of the Haewene Brim Equipment (or any part thereof)Vessel, or the ineligibility of the Haewene Brim Equipment (or any part thereof) Vessel for any particular use or trade, or for want of registration or the absence or withdrawal of any permit, licence, authorisation or other documentation required under the applicable law of any relevant jurisdiction for the ownership, leasing, use, operation or location of the Haewene Brim Equipment (or any part thereof)Vessel, or (subject to clause 10.1.1 Clause 10.1(a) (Total Loss)) the Total Loss of, or any damage to, the Haewene Brim Equipment Vessel or any part thereof; 8.2.3 (c) any insolvency, bankruptcy, winding-up, administration, reorganisation, reconstruction, arrangement, readjustment or rescheduling of debt, dissolution, liquidation or similar proceedings by or against the Lessor, the Bank, Xxxxxxx Energy, PPC, the applicable Field Operator, the L/C Bank, Bluewater Energy Lessee or any other Security Partyperson (whether a party to any Lease Document or not); 8.2.4 (d) any invalidity or unenforceability or lack of due authorisation of, or other defect in, this Agreement or any of the other Transaction Lease Documents or any particular provision hereof or thereof; 8.2.5 (e) any failure or delay on the part of any party, whether with or without fault on its part, duly to perform or comply with its obligations under this Agreement or any of the other Transaction Lease Documents; and 8.2.6 (f) any other case which but for this provision would or might have the effect of terminating or in any way affecting any obligation of PPC hereunder the Lessee hereunder, (but without prejudice to the rights of PPC the Lessee to damages or specific performance or any other injunctive relief in respect of this Agreement or any of the other Transaction Relevant Lease Documents), ) it being the declared intention of the parties that the provisions of this clause Clause 8 and the obligations of PPC the Lessee to pay Rent and make other payments in accordance with this Agreement and the other Relevant Lease Documents shall survive any frustration and that save as expressly and specifically provided in this Agreement and in the Deed of Proceeds and Priorities no moneys payable or paid hereunder by PPC the Lessee to the Lessor shall in any event or circumstances be repayable to PPCthe Lessee.

Appears in 1 contract

Samples: Head Lease Agreement (Global Marine Inc)

Payments Unconditional. PPCThe Lessee's obligation to pay Rent and make other payments, and perform any obligations, owed to the Lessor pursuant to or in connection with this Agreement or any of the other Lease Documents to which it is a party shall be absolute and unconditional and shall not be affected by and shall be irrespective of any contingency whatsoever including (but not limited to): 8.2.1 (a) any right of set-off, counterclaim, recoupment, defence, deduction, withholding or other right; 8.2.2 (b) any unavailability of the Haewene Brim Equipment (or any part thereof) Vessel for any reason, including, but not limited to, requisition thereof, or any prohibition or interruption of or other restriction against the Lessor's, PPCthe Lessee's, the applicable Field OperatorSub-Lessee's or any other person's use, operation or possession of the Haewene Brim Equipment (or any part thereof)Vessel, any interference with such use, operation or possession or failure to deliver any part of the Haewene Brim Equipment Vessel or any lack or invalidity of title or any other defect in the title, suitability, merchantabilityseaworthiness, satisfactory quality, merchantability, fitness for any purpose, condition, appearance, safety, design, or operation of any kind or nature of the Haewene Brim Equipment (or any part thereof)Vessel, or the ineligibility of the Haewene Brim Equipment (or any part thereof) Vessel for any particular use or trade, or for want of registration or the absence or withdrawal of any permit, licence, authorisation or other documentation required under the applicable law of any relevant jurisdiction for the ownership, leasing, use, operation or location of the Haewene Brim Equipment (or any part thereof)Vessel, or (subject to clause 10.1.1 Clause 10.1(a) (Total Loss)) the Total Loss of, or any damage to, the Haewene Brim Equipment Vessel or any part thereof; 8.2.3 (c) any insolvency, bankruptcy, winding-up, administration, reorganisation, reconstruction, arrangement, readjustment or rescheduling of debt, dissolution, liquidation or similar proceedings by or against the Lessor, the Bank, Xxxxxxx Energy, PPC, the applicable Field Operator, the L/C Bank, Bluewater Energy Lessee or any other Security Partyperson (whether a party to any Lease Document or not); 8.2.4 (d) any invalidity or unenforceability or lack of due authorisation of, or other defect in, this Agreement or any of the other Transaction Lease Documents or any particular provision hereof or thereof; 8.2.5 (e) any failure or delay on the part of any party, whether with or without fault on its part, duly to perform or comply with its obligations under this Agreement or any of the other Transaction Lease Documents; and 8.2.6 (f) any other case which but for this provision would or might have the effect of terminating or in any way affecting any obligation of PPC the Lessee hereunder (but without prejudice to the rights of PPC the Lessee to damages or specific performance or any other injunctive relief in respect of this Agreement or any of the other Transaction Lease Documents), it being the declared intention of the parties that the provisions of this clause Clause and the obligations of PPC the Lessee to pay Rent and make other payments in accordance with this Agreement and the other Lease Documents shall survive any frustration and that save as expressly and specifically provided in this Agreement and in the Deed of Proceeds and Priorities no moneys payable or paid hereunder by PPC the Lessee to the Lessor shall in any event or circumstances be repayable to PPCthe Lessee.

Appears in 1 contract

Samples: Head Lease Agreement (Global Marine Inc)

AutoNDA by SimpleDocs

Payments Unconditional. PPCThe Sub-Lessee's obligation to pay Rent Rentals and make other payments, and perform any obligations, obligations owed to the Sub-Lessor pursuant to or in connection with this Agreement or any of the other Sub-Lease Documents to which it is a party shall be absolute and unconditional and shall not be affected by and shall be irrespective of any contingency whatsoever including (but not limited to): 8.2.1 (a) any right of set-off, counterclaim, recoupment, defence, deduction, withholding deduction or other right; 8.2.2 (b) any unavailability of the Haewene Brim Equipment (or any part thereof) Rig for any reason, including, but not limited to, requisition thereof, or any prohibition or interruption of or other restriction against the Sub-Lessor's, PPCthe Sub-Lessee's, the applicable Field OperatorCharterer's or any other person's use, operation or possession of the Haewene Brim Equipment (or any part thereof)Rig, any interference with such use, operation or possession or failure to deliver any part of the Haewene Brim Equipment Rig or any lack or invalidity of title or any other defect in the title, suitability, merchantabilityseaworthiness, satisfactory quality, merchantability, fitness for any purpose, condition, appearance, safety, design, or operation of any kind or nature of the Haewene Brim Equipment (or any part thereof)Rig, or the ineligibility of the Haewene Brim Equipment (or any part thereof) Rig for any particular use or trade, or for want of registration or the absence or withdrawal of any permit, licence, authorisation or other documentation required under the applicable law of any relevant jurisdiction for the ownership, leasing, use, operation or location of the Haewene Brim Equipment (or any part thereof)Rig, or (subject to clause 10.1.1 Clause 11.3 (Total LossConfirmation of Sub-Lease Period)) the Total Loss of, or any damage to, the Haewene Brim Equipment Rig or any part thereof; 8.2.3 (c) any insolvency, bankruptcy, winding-up, administration, reorganisation, reconstruction, arrangement, readjustment or rescheduling of debt, dissolution, liquidation or similar proceedings by or against the Sub-Lessor, the Bank, Xxxxxxx Energy, PPCSub-Lessee, the applicable Field OperatorGuarantor, the L/C Bank, Bluewater Energy Sub-Lessor Parent or any other Security Partyperson (whether a party to any Lease Document or not); 8.2.4 (d) any invalidity validity or unenforceability or lack of due authorisation of, or other defect in, this Agreement Sub-Lease or any of the other Transaction Lease Documents or any particular provision hereof or thereof; 8.2.5 (e) any failure or delay on the part of any party, whether with or without fault on its part, duly to perform or comply with its obligations under this Agreement Sub-Lease or any of the other Transaction Lease Documents; and 8.2.6 (f) any other case which but for this provision would or might have the effect of terminating or in any way affecting any obligation of PPC hereunder the Sub-Lessee hereunder, (but without prejudice to the rights of PPC the Sub-Lessee to damages or specific performance or any other injunctive relief in respect of this Agreement Sub-Lease or any of the other Transaction Lease Documents), it being the declared intention of the parties that the provisions of this clause and the obligations of PPC to pay Rent and make other payments in accordance with this Agreement and the other Lease Documents shall survive any frustration and that save as expressly and specifically provided in this Agreement and in the Deed of Proceeds and Priorities no moneys payable or paid hereunder by PPC to the Lessor shall in any event or circumstances be repayable to PPC.

Appears in 1 contract

Samples: Sub Lease Agreement (Globalsantafe Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!