Xxx Lease Sample Clauses

Xxx Lease. This Agreement is a “net lease”, and Lessee’s obligation to pay all Rent and other amounts due and owing hereunder is absolute and unconditional and shall not be terminated, extinguished, diminished, setoff or otherwise impaired by any circumstance whatsoever, including by (a) any claim, setoff, counterclaim, defense or other right which Lessee may have against Lessor or any affiliate of Lessor; (b) any defect in the title, condition, design, operation, merchantability or fitness for use of the Equipment, or any eviction of the Equipment by paramount title or otherwise from the Site, or any unavailability of access to the Equipment at the Site; (c) any loss, theft or destruction of, or damage to, the Equipment or any portion thereof or interruption or cessation in the use or possession thereof or any part thereof for any reason whatsoever and of whatever duration; (d) the condemnation, requisitioning, expropriation, seizure or other taking of title to or use of the Equipment or the Site by any governmental entity or ​ otherwise; (e) any ineligibility of the Equipment or any portion thereof for any particular use, whether or not due to any failure of Lessee to comply with any Applicable Law; (f) any event of “force majeure” (including any pandemic) or any frustration of purpose; (g) any insolvency, bankruptcy, reorganization or similar proceeding by or against Lessee; (h) any default under or termination of, any Related Agreement or the HD Parent Guaranty (as defined below), or the failure of any Related Agreement or the HD Parent Guaranty to be in full force and effect; (i) any defect in the title to, or the existence of any lien with respect to, the Equipment; or (j) the upgrading, conversion or relocation of any Equipment, including any relocation made pursuant to Section 8(b), it being the intention of the Parties hereto that all Rent and other amounts payable under this Agreement shall continue to be payable in the manner and at times provided for herein. If for any reason whatsoever this Agreement is terminated in whole or in part by operation of law or otherwise, Lessee nonetheless agrees, to the extent permitted by Applicable Law, to pay to Lessor an amount equal to each installment of Rent and all other amounts due and owing hereunder, at the time such payment would have become due and payable in accordance with the terms hereof had this Agreement not been so terminated.

Xxx Lease. Mortgagor represents, warrants and agrees that: (a) Mortgagor has delivered to Collateral Agent a true, correct and complete copy of the XXX Lease, including all amendments and modifications, existing as of the date hereof; (b) Mortgagor has not executed or entered into any modifications or amendments of the XXX Lease, either orally or in writing, other than written amendments that have been disclosed to Collateral Agent in writing. Except as expressly permitted under the Credit Agreement, Mortgagor shall not enter into any new leases of all or any portion of the Real Property or any modifications or amendments of the XXX Lease except with Collateral Agent’s prior written consent which consent shall not be unreasonably withheld or delayed; (c) No event has occurred that, with the giving of notice or the passage of time or both, would constitute a breach of the provisions of Section 3.16 of the Credit Agreement; (d) Except with respect to the assignments to ETEC, MJMEUC and Empire pursuant to the Participation Agreement and except for this Mortgage or other assignments in favor of Collateral Agent, Mortgagor has not executed any assignment or pledge of the XXX Lease or of Mortgagor’s right, title and interest in the same; (e) This Mortgage conforms and complies with the XXX Lease, does not constitute a violation or default under the XXX Lease, and is and shall at all times constitute a valid lien (subject only to Permitted Encumbrances, Permitted Liens and matters permitted by this Mortgage) on Mortgagor’s interests in the XXX Lease; (f) Mortgagor shall pay, when due and payable, the rentals, additional rentals, and other charges required by, and payable under, the XXX Lease in accordance with the XXX Lease; (g) Mortgagor shall perform and observe all terms, covenants, and conditions that Mortgagor must perform and observe as a tenant-in-common under the XXX Lease, and do everything necessary to preserve and to keep unimpaired Mortgagor’s rights under the XXX Lease. Mortgagor shall provide all insurance required by the XXX Lease. All such insurance shall comply with this Mortgage. Mortgagor shall enforce the Lessor’s obligations under the XXX Lease so that Mortgagor may enjoy all its rights as lessee under the XXX Lease. Mortgagor shall furnish to Collateral Agent all information that Collateral Agent may reasonably request from time to time concerning Mortgagor’s compliance with the XXX Lease; (h) Mortgagor shall promptly deliver to Collateral Agent a copy...

Xxx Lease. Lessee is unconditionally obligated to pay all Rent and other amounts due for the entire Term of this Agreement even if the System is damaged or destroyed, if it is defective or if Lessee no longer can use it. Lessee is not entitled to reduce or set-off against Rent or other amounts due to Lessor or to anyone to whom Lessor assigns this Agreement whether Lessee's claim arises out of this Agreement, any statement by Lessor, Lessor's liability or any third party's liability, strict liability, negligence or otherwise.

Xxx Lease. In the event Agent furnishes Owner written authorization to represent Prospect and negotiates and consummates a new Lease Agreement between Owner and Prospect ​ ​ covering an expansion or relocation facility, Owner shall pay Agent a commission based on the above provisions for the expansion or relocation premises, but Agent’s commission under the original Lease Agreement shall be terminated as of the commencement date of the new Lease Agreement and any unearned commission paid to the Agent with respect to the original Lease Agreement shall be netted out of commission payable for the new Lease Agreement.

Xxx Lease. This Lease Agreement is a net lease and Lessee's obligations to pay all Lease Charges and other amounts payable hereunder shall be absolute and unconditional and, except as expressly provided herein, shall not be subject to any: (i) delay, abatement, reduction, defense, counterclaim, set-off, or recoupment; (ii) discontinuance or termination of any license; (iii) Equipment failure, defect or deficiency; (iv) damage to or destruction of the Equipment; or (v) dissatisfaction with the Equipment or otherwise, including any present or future claim against Lessor or the manufacturer, supplier, reseller or vendor of the Equipment. To the extent that the Equipment includes intangible (or intellectual) property, Lessee understands and agrees that: (i) Lessor is not a party to and does not have any responsibility under any software license and/or other agreement with respect to any software; and (ii) Lessee will be responsible to pay all of the Lease Charges and perform all its other obligations under this Lease Agreement despite any defect, deficiency, failure, termination, dissatisfaction, damage or destruction of any software or software license. Except as expressly provided herein, this Lease Agreement shall not terminate for any reason, including any defect in the Equipment or Lessor's title thereto or any destruction or loss of use of any item of Equipment.

Xxx Lease. It is a type of lease in which the lessor is not concerned with the repairs and maintenance of the asset and his only function is to provide the service. • It is a variant of operating lease.

Xxx Lease. The following statements are true and correct: (i) a true and complete copy of the XXX Lease has been delivered to Lender; (ii) the XXX Lease or a memorandum thereof has been duly recorded; (iii) the XXX Lease permits Borrower’s interest thereunder to be encumbered by the Mortgage; (iv) the XXX Lease is assignable (subject to all existing tenancies and subtenancies) by a holder of a mortgage encumbering the lessee’s interest therein upon a foreclosure of mortgage without the consent of the lessor thereunder; (v) the XXX Lease does not restrict the use of the Property by Borrower, its successors or assigns in a manner that would adversely affect in a material respect the security provided to Lender by the Mortgage; (vi) upon the expiration or other termination of the XXX Lease, fee title in the premises covered thereby shall revert to Borrower; and (vii) the XXX Lease is in full force and effect and no default has occurred thereunder nor, to the best of the Borrower’s knowledge after due inquiry and investigation, is there any existing condition which, but for the passage of time or the giving of notice or both, would result in a default under the terms of the XXX Lease.

Xxx Lease. Any termination of the XXX Lease due to the expiration thereof or a default by Borrower thereunder if such termination does not occur simultaneously with the reconveyance of the fee interest in the Property to Borrower.

Xxx Lease. Except as otherwise specifically provided in this Lease, it is understood and agreed that this is a net lease, and that, as between Lessor and Lessee, Lessee shall be responsible for all costs and expenses of every nature whatsoever arising out of or in connection with or related to this Lease or the Equipment (including, but not limited to, transportation in and out, transportation insurance, rigging, drayage, packing, installation and disconnect charges). Lessee hereby agrees that in the event that Lessee fails to pay or perform any obligation under this Lease, Lessor may, at its option, pay or perform said obligation and any payment made or expense incurred by Lessor in connection therewith shall become additional rent, which shall be due and payable by Lessee upon demand. Lessee's agreement to pay all obligations under the Lease, including but not limited to the Rental Payments is absolute and unconditional and such obligations shall not be subject to any abatement, deferment, reduction, defense, counterclaim, setoff or recoupment for any reason whatsoever. It is the express intention of Lessor and Lessee that all rent and all other sums payable by Lessee under the Lease shall be and continue to be, payable in all events throughout the term of the Lease.

Xxx Lease. If (i) the Ground Lease is cancelled or terminated for any reason before the natural expiration of its term, and (ii) Lender (or its designee) obtains from Ground Lessor a new lease in accordance with the term of the Ground Lease, neither LF3 nor TRS shall have the right, title or interest in and to the new lease or the leasehold estate created by the new lease.