Lease Payments to be Unconditional. SUBJECT TO SECTION 6.06, THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE PROPERTY SCHEDULES 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, 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 OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02.
Lease Payments to be Unconditional. Notwithstanding any dispute between the Lessee and the Lessor, a Vendor, the Trustee or any other person, the Lessee shall make all payments of Lease Payments and Additional Rentals when due, subject to annual appropriation, and shall not withhold any Lease Payments and Additional Rentals pending final resolution of such dispute; nor shall the Lessee assert any right of setoff or counterclaim against its obligations to make such Lease Payments. The Lessee's obligations to make Lease Payments and Additional Rentals during the Initial Term and the then current Renewal Term shall not be abated through accident or unforeseen circumstance.
Lease Payments to be Unconditional. The obligation of the Lessee to make payment of the Lease Payments required under Section 5.01 above, and to perform and observe the covenants and agreements contained herein, shall be absolute and unconditional.
Lease Payments to be Unconditional. The obligations of Lessee to make the Lease Payments required under this Article II and to make other payments hereunder and to perform and observe the covenants and agreements contained herein shall be absolute and unconditional in all events, without abatement, diminution, deduction, setoff or defense for any reason, including (without limitation) any failure of the Project to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the Project or any accident, condemnation, destruction or unforeseen circumstances. Notwithstanding any dispute between Lessee and any of Lessor, Bondholder, any Vendor or any other person, Lessee shall make all Lease Payments when due and shall not withhold any Lease Payments pending final resolution of such dispute, nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such payments required under this Agreement.
Lease Payments to be Unconditional. Except as otherwise provided in this Lease Agreement (including, without limitation, Article V) or applicable law, the obligation of Lessee to make Lease Payments or any other payment required hereunder shall be absolute and unconditional. Nothing herein shall be construed to release the Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor.
Lease Payments to be Unconditional. All Lease Payments from and after the Effective Date, but subject to the provisions of Section 3.4 hereof, and the obligation to pay all other amounts provided for herein and to perform the {^} Xxxxxx’s obligations under the Lease, shall be absolute and unconditional, and such Lease Payments and other amounts shall be payable without abatement or any rights of set-off, recoupment or counterclaim the Lessee might have against any supplier, contractor, or any other person and whether or not the {^} Project is accepted for use or used by the Lessee or available for use by the Lessee, whether as a result of damage, destruction, condemnation, defect in title or failure of consideration or otherwise. It is the express intent of the Lessor and Lessee that this Lease shall be deemed and construed to be a "triple net lease".
Lease Payments to be Unconditional. EXCEPT AS PROVIDED IN SECTION 8, AND SUBJECT TO LESSEE’S ACCEPTANCE OF THE EQUIPMENT AS PROVIDED IN SECTION 12, THE OBLIGATIONS OF LESSEE TO MAKE LEASE PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED IN THIS LEASE 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 EQUIPMENT OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES.
