Common use of COVENANTS OF LESSEE Clause in Contracts

COVENANTS OF LESSEE. LESSEE AGREES THAT ITS OBLIGATIONS UNDER THIS LEASE AND ANY SCHEDULE HERETO, INCLUDING WITHOUT LIMITATION, THE OBLIGATION TO PAY RENTAL, ARE IRREVOCABLE AND ABSOLUTE, SHALL NOT XXXXX FOR ANY REASON WHATSOEVER (INCLUDING ANY CLAIMS AGAINST LESSOR), AND SHALL CONTINUE IN FULL FORCE AND EFFECT REGARDLESS OF ANY INABILITY OF LESSEE TO USE THE EQUIPMENT OR ANY PART THEREOF FOR ANY REASON WHATSOEVER INCLUDING, WITHOUT LIMITATION, WAR, ACT OF GOD, STORMS, GOVERNMENTAL REGULATIONS, STRIKE OR OTHER LABOR TROUBLES, LOSS, DAMAGE, DESTRUCTION, DISREPAIR, OBSOLESCENCE, FAILURE OF OR DELAY IN DELIVERY OF THE EQUIPMENT, OR FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE FOR ANY CAUSE. In the event of any alleged claim (including a claim which would otherwise be in the nature of a set-off) against Lessor, Lessee shall fully perform and pay its obligations hereunder (including all rents, without set-off or defense of any kind) and its only exclusive recourse against Lessor shall be by a separate action. Lessee agrees to furnish promptly to Lessor the annual financial statements of Lessee (and of any guarantors of Lessee's performance under this Lease and any Schedule hereto), prepared in accordance with generally accepted accounting principles and certified by independent certified public accountants, and such interim financial statements of Lessee as Lessor may require during the entire term of this Lease and any Schedule hereto. Lessee, if requested, shall provide at Lessee's expense an opinion of its counsel acceptable to Lessor affirming the covenants, representations and warranties of Lessee under this Lease and any Schedule hereto.

COVENANTS OF LESSEE. LESSEE AGREES THAT ITS OBLIGATIONS UNDER THIS LEASE AND ANY SCHEDULE HERETOLessee agrees that its obligations under this Lease and any Schedule hereto, INCLUDING WITHOUT LIMITATIONincluding without limitation, THE OBLIGATION TO PAY RENTALthe obligation to pay rental, ARE IRREVOCABLE AND ABSOLUTEare irrevocable and absolute, SHALL NOT XXXXX FOR ANY REASON WHATSOEVER shall not abatx xxx any reason whatsoever (INCLUDING ANY CLAIMS AGAINST LESSORincluding any claims against Lessor), AND SHALL CONTINUE IN FULL FORCE AND EFFECT REGARDLESS OF ANY INABILITY OF LESSEE TO USE THE EQUIPMENT OR ANY PART THEREOF FOR ANY REASON WHATSOEVER INCLUDINGand shall continue in full force and effect regardless of say inability of Lessee to use the Equipment or arty part thereof for any reason whatsoever including, WITHOUT LIMITATIONwithout limitation, WARwar, ACT OF GODact of God, STORMSstorms, GOVERNMENTAL REGULATIONSgovernmental regulations, STRIKE OR OTHER LABOR TROUBLESstrike or other labor troubles, LOSSloss, DAMAGEdamage, DESTRUCTIONdestruction, DISREPAIRdisrepair, OBSOLESCENCEobsolescence, FAILURE OF OR DELAY IN DELIVERY OF THE EQUIPMENT, OR FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE FOR ANY CAUSEfailure of or delay in delivery of the Equipment or failure of the Equipment to properly operate for any cause. In the event of any alleged claim (including a claim which would otherwise be in the nature of a set-off) against Lessor, Lessee shall fully perform and pay its obligations hereunder (including the payment of all rentstarts, without set-off or defense of any kind) and its only exclusive recourse against Lessor shall be by a separate action. Lessee agrees to furnish promptly to Lessor the annual financial statements of Lessee (and of any guarantors of Lessee's performance under trader this Lease and any Schedule hereto), prepared in accordance with generally accepted accounting principles and certified by independent certified public accountants, and such interim financial statements of Lessee as Lessor may reasonably require during the entire term of this the Lease and any Schedule hereto. Either independent certified public accountants or the Lessee's chief financial officer as requested by Lessor shall certify all such annual financial statements. Lessee, if requestedrequested by Lessor prior to the initial purchase by Lessor of Equipment for lease hereunder, shall provide at Lessee's expense an opinion of its counsel acceptable to Lessor affirming the covenants, representations and warranties of Lessee under this Lease and any Schedule hereto. So long as there are amounts due Lessor under this Lease, Lessee shall supply Lessor with such other financial and operating performance data as is provided to its outside investors or commercial lenders and, if applicable, required to be provided to shareholder by the Security and Exchange Commission, and Lessee shall immediately notify Lessor of any material adverse change in its financial condition or business prospects.

COVENANTS OF LESSEE. LESSEE AGREES LESSXX XXXEES THAT ITS OBLIGATIONS UNDER THIS LEASE AND ANY SCHEDULE HERETO, INCLUDING WITHOUT LIMITATION, THE OBLIGATION TO PAY RENTAL, ARE IRREVOCABLE AND ABSOLUTE, SHALL NOT XXXXX FOR ABATX XXX ANY REASON WHATSOEVER (INCLUDING ANY CLAIMS AGAINST LESSOR), AND SHALL CONTINUE IN FULL FORCE AND EFFECT REGARDLESS OF ANY INABILITY OF LESSEE TO USE THE EQUIPMENT OR ANY PART THEREOF FOR ANY REASON WHATSOEVER INCLUDING, WITHOUT LIMITATION, WAR, ACT OF GOD, STORMS, GOVERNMENTAL REGULATIONS, STRIKE OR OTHER LABOR TROUBLES, LOSS, DAMAGE, DESTRUCTION, DISREPAIR, OBSOLESCENCE, FAILURE OF OR DELAY IN DELIVERY OF THE EQUIPMENT, OR FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE FOR ANY CAUSE. In the event of any alleged claim (including a claim which would otherwise be in the nature of a set-off) against LessorLessxx, Lessee shall Xxssxx xxxll fully perform and pay its obligations hereunder (including all rents, without set-off or defense of any kind) and its only exclusive recourse against Lessor shall be by a separate action. Lessee agrees Lessxx xxxees to furnish promptly to Lessor the annual quarterly financial statements of Lessee Lessxx (and xxd of any guarantors of Lessee's performance Lessxx'x xerformance under this Lease and any Schedule hereto), prepared in accordance with generally accepted accounting principles and certified by independent certified public accountants, and such interim financial statements of Lessee as Lessor may require during the entire term of this Lease and any Schedule hereto. Lessee, if requested, shall provide at Lessee's expense an opinion of its counsel acceptable to Lessor affirming the covenants, representations and warranties of Lessee under this Lease and any Schedule hereto.

COVENANTS OF LESSEE. LESSEE AGREES THAT ITS OBLIGATIONS UNDER THIS LEASE AND ANY SCHEDULE HERETO, INCLUDING WITHOUT LIMITATION, THE OBLIGATION TO PAY RENTAL, ARE IRREVOCABLE AND ABSOLUTE, SHALL NOT XXXXX FOR ANY REASON WHATSOEVER (INCLUDING ANY CLAIMS AGAINST LESSOR), AND SHALL CONTINUE IN FULL FORCE AND EFFECT REGARDLESS OF ANY INABILITY OF LESSEE TO USE THE EQUIPMENT OR ANY PART THEREOF FOR ANY REASON WHATSOEVER INCLUDING, WITHOUT LIMITATION, WAR, ACT OF GOD, STORMS, GOVERNMENTAL REGULATIONS, STRIKE OR OTHER LABOR TROUBLES, LOSS, DAMAGE, DESTRUCTION, DISREPAIR, OBSOLESCENCE, FAILURE OF OR DELAY IN DELIVERY OF THE EQUIPMENT, OR FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE FOR ANY CAUSE. In the event of any alleged claim (including a claim which would otherwise be in the nature of a set-off) against Lessor, Lessee shall fully perform and pay its obligations hereunder (including the payment of all rents, without set-off or defense of any kind) and its only exclusive recourse against Lessor shall be by a separate action. Lessee agrees to furnish promptly to Lessor the annual financial statements of Lessee (and of any guarantors of Lessee's performance under this Lease and any Schedule hereto), prepared in accordance with generally accepted accounting principles and certified by independent certified public accountants, and such interim financial statements of Lessee as Lessor may reasonably require during the entire term of this Lease and any Schedule hereto. Either independent certified public accountants or the Lessee's chief financial officer as requested by Lessor shall certify all such annual financial statements. Lessee, if requestedrequired by Lessor prior to the initial purchase by Lessor of Equipment for lease hereunder, shall provide at Lessee's expense an opinion of its counsel acceptable to Lessor affirming the covenants, representations and warranties of Lessee under this Lease and any Schedule hereto. So long as there are amounts due Lessor under this Lease, Lessee shall supply Lessor with such other financial and operating performance data as is provided to its outside investors or commercial lenders and, if applicable, required to be provided to shareholders by the Security and Exchange Commission, and Lessee shall immediately notify Lessor of any material adverse change in its financial condition or business prospects.

COVENANTS OF LESSEE. LESSEE AGREES THAT ITS OBLIGATIONS UNDER THIS LEASE AND ANY SCHEDULE HERETOLessee agrees that its obligations under this Lease and any Schedule hereto, INCLUDING WITHOUT LIMITATIONincluding without limitation, THE OBLIGATION TO PAY RENTALthe obligation to pay rental, ARE IRREVOCABLE AND ABSOLUTEare irrevocable and absolute, SHALL NOT XXXXX FOR ANY REASON WHATSOEVER shall not xxxxx for any reason whatsoever (INCLUDING ANY CLAIMS AGAINST LESSORincluding any claims against Lessor), AND SHALL CONTINUE IN FULL FORCE AND EFFECT REGARDLESS OF ANY INABILITY OF LESSEE TO USE THE EQUIPMENT OR ANY PART THEREOF FOR ANY REASON WHATSOEVER INCLUDINGand shall continue in full force and effect regardless of any inability of Lessee to use the Equipment or any part thereof for any reason whatsoever including, WITHOUT LIMITATIONwithout limitation, WARwar, ACT OF GODact of God, STORMSstorms, GOVERNMENTAL REGULATIONSgovernmental regulations, STRIKE OR OTHER LABOR TROUBLESstrike or other labor troubles, LOSSloss, DAMAGEdamage, DESTRUCTIONdestruction, DISREPAIRdisrepair, OBSOLESCENCEobsolescence, FAILURE OF OR DELAY IN DELIVERY OF THE EQUIPMENTfailure of or delay in delivery of the Equipment, OR FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE FOR ANY CAUSEor failure of the Equipment to properly operate for any cause. In the event of any alleged claim (including a claim which would otherwise be in the nature of a set-off) against Lessor, Lessee shall fully perform and pay its obligations hereunder (including the payment of all rents, without set-off or defense of any kind) and its only exclusive recourse against Lessor shall be by a separate action. Lessee agrees to furnish promptly to Lessor the annual financial statements of Lessee (and of any guarantors of Lessee's performance under this Lease and any Schedule hereto), prepared in accordance with generally accepted accounting principles and certified by independent certified public accountants, and such interim financial statements of Lessee as Lessor may reasonably require during the entire term of this Lease and any Schedule hereto. Either independent certified public accountants or the Lessee's chief financial officer as requested by Lessor shall certify all such annual financial statements. Lessee, if requestedrequested by Lessor prior to the initial purchase by Lessor of Equipment for lease hereunder, shall provide at Lessee's expense an opinion of its counsel acceptable to Lessor affirming the covenants, representations and warranties of Lessee under this Lease and any Schedule hereto.. So long as there are amounts due Lessor under this Lease, Lessee shall supply Lessor with such other financial and operating performance data as is provided to its outside investors or commercial lenders and, if applicable, required to be provided to shareholders by the Security and Exchange Commission, and Lessee shall immediately notify Lessor of any material adverse change in its financial condition or business prospects

COVENANTS OF LESSEE. LESSEE AGREES THAT ITS OBLIGATIONS UNDER THIS LEASE AND ANY SCHEDULE HERETOLessee agrees that its obligations under this Lease and any Schedule hereto, INCLUDING WITHOUT LIMITATIONincluding without limitation, THE OBLIGATION TO PAY RENTALthe obligation to pay rental, ARE IRREVOCABLE AND ABSOLUTEare irrevocable and absolute, SHALL NOT XXXXX FOR ANY REASON WHATSOEVER shall not xxxxx for any reason whatsoever (INCLUDING ANY CLAIMS AGAINST LESSORincluding any claims against Lessor), AND SHALL CONTINUE IN FULL FORCE AND EFFECT REGARDLESS OF ANY INABILITY OF LESSEE TO USE THE EQUIPMENT OR ANY PART THEREOF FOR ANY REASON WHATSOEVER INCLUDINGand shall continue in full force and effect regardless of any inability of Lessee to use the Equipment or any part thereof for any reason whatsoever including, WITHOUT LIMITATIONxxxxxxx xxxxxxxxxx, WARxxx, ACT OF GODxxx of God, STORMSstorms, GOVERNMENTAL REGULATIONSgovernmental regulations, STRIKE OR OTHER LABOR TROUBLESstrike or other labor troubles, LOSSloss, DAMAGEdamage, DESTRUCTIONdestruction, DISREPAIRdisrepair, OBSOLESCENCEobsolescence, FAILURE OF OR DELAY IN DELIVERY OF THE EQUIPMENTfailure of or delay in delivery of the Equipment, OR FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE FOR ANY CAUSEor failure of the Equipment to properly operate for any cause. In the event of any alleged claim (including a claim which would otherwise be in the nature of a set-off) against Lessor, Lessee shall fully perform and pay its obligations hereunder (including the payment of all rents, without set-off or defense of any kindXXX) and its only exclusive recourse against Lessor shall be by a separate action. Lessee agrees to furnish promptly to Lessor the annual financial statements of Lessee (and of any guarantors of Lessee's performance under this Lease and any Schedule hereto), prepared in accordance with generally accepted accounting principles and certified by independent certified public accountants, and such interim financial statements of Lessee as Lessor may reasonably require during the entire term of this Lease and any Schedule hereto. Either independent certified public accountants or the Lessee's chief financial officer as requested by Lessor shall certify all such annual financial statements. Lessee, if requestedrequested by Lessor prior to the initial purchase by Lessor of Equipment for lease hereunder, shall provide at Lessee's expense an opinion of its counsel acceptable to Lessor affirming the covenants, representations and warranties of Lessee under this Lease and any Schedule hereto. So long as there are amounts due Lessor under this Lease, Lessee shall supply Lessor with such other financial and operating performance data as is provided to its outside investors or commercial lenders and, if applicable, required to be provided to shareholders by the Security and Exchange Commission, and Lessee shall immediately notify Lessor of any material adverse change in its financial condition or business prospects.

COVENANTS OF LESSEE. LESSEE AGREES THAT ITS OBLIGATIONS UNDER THIS LEASE AND ANY SCHEDULE HERETOLessee agrees that its obligations under this Lease and any Schedule hereto, INCLUDING WITHOUT LIMITATIONincluding without limitation, THE OBLIGATION TO PAY RENTALthe obligation to pay rental, ARE IRREVOCABLE AND ABSOLUTEare irrevocable and absolute, SHALL NOT XXXXX FOR ANY REASON WHATSOEVER shall not xxxxx for any reason whatsoever (INCLUDING ANY CLAIMS AGAINST LESSORincluding any claims against Lessor), AND SHALL CONTINUE IN FULL FORCE AND EFFECT REGARDLESS OF ANY INABILITY OF LESSEE TO USE THE EQUIPMENT OR ANY PART THEREOF FOR ANY REASON WHATSOEVER INCLUDINGand shall continue in full force and effect regardless of any inability of Lessee to use the Equipment or any part thereof for any reason whatsoever including, WITHOUT LIMITATIONwithout limitation, WARwar, ACT OF GODact of God, STORMSstorms, GOVERNMENTAL REGULATIONSgovernmental regulations, STRIKE OR OTHER LABOR TROUBLESstrike or other labor troubles, LOSSloss, DAMAGEdamage, DESTRUCTIONdestruction, DISREPAIRdisrepair, OBSOLESCENCEobsolescence, FAILURE OF OR DELAY IN DELIVERY OF THE EQUIPMENTfailure of or delay in delivery of the Equipment, OR FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE FOR ANY CAUSEor failure of the Equipment to properly operate for any cause. In the event of any alleged claim (including a claim which would otherwise be in the nature of a set-off) against Lessor, Lessee shall fully perform and pay its obligations hereunder (including the payment of all rents, without set-off or defense of any kind) and its only exclusive recourse against Lessor shall be by a separate action. Lessee agrees to furnish promptly to Lessor the annual financial statements of Lessee (and of any guarantors of Lessee's performance under this Lease and any Schedule hereto), prepared in accordance with generally accepted accounting principles and certified by independent certified public accountants, and such interim financial statements of Lessee as Lessor may reasonably require during the entire term of this Lease and any Schedule hereto. Either independent certified public accountants or the Lessee's chief financial officer as requested by Lessor shall certify all such annual financial statements. Lessee, if requestedrequested by Lessor prior to the initial purchase by Lessor of Equipment for lease hereunder, shall provide at Lessee's expense an opinion of its counsel acceptable to Lessor affirming the covenants, representations and warranties of Lessee under this Lease and any Schedule hereto. So long as there are amounts due Lessor under this Lease, Lessor shall supply Lessor with such other financial and operating performance data as is provided to its outside investors or commercial lenders and, if applicable, required to be provided to shareholders by the Security and Exchange Commission, and Lessor shall immediately notify Lessor of any material adverse change in its financial condition or business prospects.