Common use of Net Lease; Non-Terminability Clause in Contracts

Net Lease; Non-Terminability. (a) This Lease is a net lease and, except as otherwise expressly provided in this Lease, any present or future Law (as defined below) to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Net Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Property or any part thereof by any cause whatsoever (including, without limitation, fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12), including, without limitation, a temporary Condemnation of the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Property by any person; (iv) any matter affecting title to the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Property or any part thereof, by reason of paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof.

Appears in 2 contracts

Samples: Master Lease (Pep Boys Manny Moe & Jack), Master Lease (Pep Boys Manny Moe & Jack)

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Net Lease; Non-Terminability. (a) This Lease is a net lease and, except as otherwise expressly provided in this Lease, any present or future Law (as defined below) to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Net Fixed Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except Except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Parcel or the Property or any part thereof by any cause whatsoever (including, without limitation, by fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12)Condemnation, including, without limitation, a temporary Condemnation of the Parcel or the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Parcel or the Property or any part thereof by any personPerson; (iv) any matter affecting title to the Parcel or the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Parcel or the Property or any part thereof, by reason of title paramount title or otherwise; (vi) any default by the Lessor or the Trustee hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federalFederal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof.

Appears in 1 contract

Samples: Lease (Geon Co)

Net Lease; Non-Terminability. (a) This Lease is a "net lease lease" and, except as otherwise expressly provided in herein, this Lease, any present or future Law (as defined below) to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Net Basic Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except as otherwise expressly provided in this Lease, the The obligations of the Lessee hereunder shall not be affected by reason of: (i) any damage to or destruction of the Property or any part thereof by any cause whatsoever (including, without limitation, by fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (iievent);(ii) any Condemnation (as defined in Section 12)Condemnation, including, without limitation, a temporary Condemnation of the Property (or Lessor's interest therein) or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Property or any part thereof by any personPerson; (iv) any matter affecting title to the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Property or any part thereof, by reason of title paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federal, state or local governmental authorityGovernmental Authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof.

Appears in 1 contract

Samples: Lease (Salomon Smith Barney Holdings Inc)

Net Lease; Non-Terminability. (a) This Lease is a net lease and, except as otherwise expressly provided in this Lease, any present or future Law (as defined below) to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Net Fixed Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except Except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Parcels or the Property or any part thereof by any cause whatsoever (including, without limitation, by fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12)Condemnation, including, without limitation, a temporary Condemnation of the Parcels or the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Parcels or the Property or any part thereof by any personPerson; (iv) any matter affecting title to the Parcel or the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Parcel or the Property or any part thereof, by reason of title paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federalFederal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof.

Appears in 1 contract

Samples: Participation Agreement (Ferro Corp)

Net Lease; Non-Terminability. (a) This Lease is a net lease and, except as otherwise expressly provided in this Lease, any present or future Law (as defined below) to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Net Fixed Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except Except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Parcels or the Property or any part thereof by any cause whatsoever (including, without limitation, by fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12)Condemnation, including, without limitation, a temporary Condemnation of the Parcels or the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Parcels or the Property or any part thereof by any personPerson; (iv) any matter affecting title to the Parcel or the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Parcel or the Property or any part thereof, by reason of title paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federalFederal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof.the

Appears in 1 contract

Samples: Participation Agreement (Ferro Corp)

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Net Lease; Non-Terminability. (a) This Lease is a net lease and, except as otherwise expressly provided in this Lease, any present or future Law (as defined below) to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Net Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Property or any part thereof by any cause whatsoever (including, without limitation, fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12), including, without limitation, a temporary Condemnation of the Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Property by any person; (iv) any matter affecting title to the Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Property or any part thereof, by reason of paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreement; (vii) the invalidity or unenforceability of any provision hereof or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend partiesintend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof.

Appears in 1 contract

Samples: Master Lease (Pep Boys Manny Moe & Jack)

Net Lease; Non-Terminability. (a) This Lease is a net lease ---------------------------- and, except as otherwise expressly provided in this Lease, any present or future Law (as defined below) to the contrary notwithstanding, shall not terminate, nor shall the Lessee be entitled to any abatement, reduction, set-off, counterclaim, defense or deduction with respect to any Net Fixed Rent, Additional Rent or other sum payable hereunder. Without limitation of the generality of the foregoing, except Except as otherwise expressly provided in this Lease, the obligations of the Lessee shall not be affected by reason of: (i) any damage to or destruction of the Mill II Property or any part thereof by any cause whatsoever (including, without limitation, by fire, Casualty (as defined in Section 12) or act of God or enemy or any other force majeure event); (ii) any Condemnation (as defined in Section 12)Condemnation, including, without limitation, a temporary Condemnation of the Mill II Property or any part thereof; (iii) any prohibition, limitation, restriction or prevention of the Lessee's use, occupancy or enjoyment of the Mill II Property or any part thereof by any personPerson; (iv) any matter affecting title to the Mill II Property or any part thereof; (v) any eviction of the Lessee from, or loss of possession by the Lessee of, the Mill II Property or any part thereof, by reason of title paramount title or otherwise; (vi) any default by the Lessor hereunder or under any other agreementOperative Document or Securitization Document; (vii) the invalidity or unenforceability of any provision hereof or in the other Operative Documents or the impossibility or illegality of performance by the Lessor or the Lessee or both; (viii) any action of any federalFederal, state or local governmental authority; or (ix) any other cause or occurrence whatsoever, whether similar or dissimilar to the foregoing. The parties intend that the obligations of the Lessee hereunder shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. For purposes hereof "Law" means all statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, or decrees of any municipal, state, federal, foreign, or territorial government, or any court, governmental body, subdivision, agency, department, commission, board, bureau, or instrumentality thereof.

Appears in 1 contract

Samples: Ii Lease (Tenneco Inc /De)

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