Net Lease; Nonterminability. 2.4.1. This Lease is a complete “net lease,” and Tenant’s obligations arising or accruing during the Term of this Lease to pay all Base Rent, Additional Rent, and all other payments hereunder required to be made by Tenant shall be absolute and unconditional, and Tenant shall pay all Base Rent, Additional Rent and all other payments required to be made by Tenant under this Lease without notice (except as otherwise expressly and specifically set forth herein), demand, counterclaim, set-off, deduction, or defense; without abatement, suspension, deferment, diminution or reduction; and free from any charges, assessments, impositions, expenses or deductions of any and every kind of and nature whatsoever. The obligations of Landlord under this Lease are independent of Tenant’s obligations hereunder. All costs, expenses and obligations of every kind and nature whatsoever relating to the Premises and the appurtenances thereto and the use and occupancy thereof that may arise or become due during the Term (whether or not the same shall become payable during the Term of this Lease or thereafter) shall be paid by Tenant, and Landlord is not responsible for any costs, charges, expenses or outlays of any nature whatsoever arising during the Term from or relating to the Premises or the use or occupancy thereof. All of Landlord, Landlord’s mortgagee or lender, Agent and their respective employees, shareholders, officers, directors, members, managers, trustees, partners or principals, disclosed or undisclosed, and all of their respective successors and assigns (hereinafter collectively referred to, inclusive of Landlord, as the “Indemnitees” and each individually as an “Indemnitee”), are and shall be indemnified and saved harmless as provided below. The willful misconduct or gross negligence of any of the Indemnitees shall not be imputed to (x) Landlord’s mortgagee or lender and the Indemnitees of such mortgagee or lender or (y) any other Indemnitee not actually responsible for, or the cause of, such misconduct or gross negligence. Tenant assumes the sole responsibility during the Term for the condition, use, operation, repair, maintenance, replacement of any and all components and systems of, and the underletting and management of, the Premises. Tenant shall and hereby does indemnify, defend and hold the Indemnitees harmless from and against any and all Losses (defined below) actually incurred by any or all of the Indemnitees with respect to, and to the extent of, matters ...
Net Lease; Nonterminability. (a) This Lease is an absolutely "net lease" and Lessee shall pay all Basic Rent and Additional Rent without notice, demand, counterclaim, set-off, deduction, or defense, and without abatement, suspension, deferment, diminution or reduction, free from any charges, assessments, impositions, expenses or deductions of any and every kind or nature whatsoever. All costs, expenses and obligations of every kind and nature whatsoever relating to the Leased Property and the appurtenances thereto and the use and occupancy thereof by Lessee or anyone claiming by, through or under Lessee as lessee hereunder which may arise or become due during or with respect to the Term shall be paid by Lessee. Lessee assumes the sole responsibility for the condition, use, operation, maintenance and management of the Leased Property and Lessor shall have no responsibility in respect thereof and shall have no liability for damage to the property of Lessee or any sublessee of Lessee or anyone claiming by, through or under Lessee for any reason whatsoever, unless such damage is caused by the negligence of Lessor or Lessor's agents, contractors, invitees or employees, provided, that such negligence shall not entitle Lessee to abate, suspend, defer, diminish or reduce the payment of Basic Rent xxx Additional Rent.
Net Lease; Nonterminability. Subordination of Indenture -------------------------------------------------------
Net Lease; Nonterminability. This is a “net lease” and Ground Lessor shall not be required to provide any utilities, services or do any acts in connection with the Premises except as specifically provided herein, and the Rent reserved hereunder shall be paid to Ground Lessor without any claims on the part of Ground Lessee for diminution, offset or abatement. Ground Lessee shall pay, as additional rent during the term of this Lease, all real estate taxes, assessments, and other governmental charges and Impositions which may be levied, assessed or shall become liens upon the Premises or any part thereof (or any building or other Improvement now existing or hereafter constructed, made or placed thereon by Ground Lessee).
Net Lease; Nonterminability. This is a net lease, and except as specifically provided in this Lease, Tenant shall not be entitled to any abatement, deduction, deferment, suspension or reduction of, or setoff, defense or counterclaim against, any rentals, charges, or other sums payable by Tenant under this Lease, nor shall the respective obligations of Landlord and Tenant be otherwise affected by reason of damage to or destruction of the Premises from whatever cause or any taking by condemnation or eminent domain.
Net Lease; Nonterminability. (a) This Lease is a "net lease" and Lessee shall pay (i) all Basic Rent and (ii) any Additional Rent payable to the Lessor without notice, demand, counterclaim, set-off, deduction, or defense, and without abatement, suspension, deferment, diminution or reduction, free from any charges, assessments, impositions, expenses or deductions of any and every kind or nature whatsoever, including, without limitation, (1) any right Lessee may have against Lessor, any contractor or any other Person for any reason (whether in connection with this transaction or any other transaction), (2) any breach, default or misrepresentation by Lessor or any other Person under this Lease or any other Operative Document or (3) any invalidity or unenforceability in whole or in part of this Lease, or any other Operative Document, or any other infirmity herein or therein, or any lack of power of authority of any party to this Lease or any other Operative Document. All costs, expenses and obligations of every kind and nature
Net Lease; Nonterminability. This is an absolutely net lease, and, except as otherwise specifically provided in Section 13(j) or Section 14(a)(1) hereof, this Lease shall not terminate nor shall Tenant have any right (and Tenant hereby waives any such right that may exist under any Law) to terminate this Lease for any reason whatsoever; nor shall Tenant be entitled, for any reason whatsoever, to any abatement, deduction, deferment, suspension or reduction of, or setoff, defense or counterclaim against, any Base Rent or other rentals, charges, or other sums payable by Tenant under this Lease (and Tenant hereby waives any right that may exist under any Law to any such abatement, deduction, deferment, suspension, reduction, setoff, defense or counterclaim). Tenant covenants and agrees that it will remain obligated under this Lease in accordance with its terms, and that it will not take any action to terminate, cancel, rescind or void this Lease, notwithstanding the bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Landlord or any assignee of, or successor to, Landlord, and notwithstanding any action with respect to this Lease that may be taken by a trustee or receiver of Landlord or any assignee of, or successor to, Landlord or by any court in any such proceeding.
Net Lease; Nonterminability. (a) Basic Rent, Additional Rent and any and all other amounts payable by Tenant hereunder shall be paid by Tenant without notice or demand (except as herein otherwise provided). If and so long as the estate, right, title and interest of Landlord hereunder or in the Premises shall be assigned or mortgaged as security for the payment of indebtedness for borrowed money, Basic Rent, Additional Rent and all other amounts payable by Tenant hereunder shall be paid by Tenant without any set-off, counterclaim, deduction, defense, abatement, suspension, deferment, diminution or reduction of any kind or for any reason whatsoever except as expressly herein provided.
Net Lease; Nonterminability. (A) THIS LEASE IS A "NET LEASE." ALL COSTS, EXPENSES AND OBLIGATIONS OF EVERY KIND AND NATURE WHATSOEVER RELATING TO THE LEASED PROPERTY AND THE APPURTENANCES THERETO AND THE USE AND OCCUPANCY THEREOF BY LESSEE OR ANYONE CLAIMING BY, THROUGH OR UNDER LESSEE WHICH MAY ARISE OR BECOME DUE DURING OR WITH RESPECT TO THE PERIOD CONSTITUTING THE TERM HEREOF SHALL BE PAID BY LESSEE, AND LESSEE SHALL INDEMNIFY THE INDEMNIFIED PARTIES AGAINST ANY OF THE FOREGOING AS PROVIDED IN SECTION 8 BELOW. LESSEE ASSUMES, DURING THE TERM OF THIS LEASE, THE SOLE RESPONSIBILITY FOR THE CONDITION, USE, OPERATION, MAINTENANCE, SUBLETTING AND MANAGEMENT OF THE LEASED PROPERTY, NEITHER OWNER NOR ANY OTHER INDEMNIFIED PARTY SHALL HAVE ANY RESPONSIBILITY IN RESPECT THEREOF, NOR SHALL OWNER NOR ANY OTHER INDEMNIFIED PARTY HAVE ANY LIABILITY FOR DAMAGE INCURRED BY ANY PERSON OR FOR DAMAGE TO THE PROPERTY OF LESSEE OR ANY SUBLESSEE OF LESSEE FOR ANY REASON WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DURING THE TERM OF THIS LEASE, LESSEE SHALL PERFORM ALL OF THE OBLIGATIONS OF THE SUBLESSOR UNDER ANY SUBLEASES AFFECTING ALL OR ANY PART OF THE LEASED PROPERTY WHICH LESSEE MAY HEREINAFTER ENTER INTO AS SUBLESSOR TO THE EXTENT THAT LESSEE'S FAILURE TO PERFORM SUCH OBLIGATIONS COULD RESULT IN THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE. IN NO EVENT SHALL THE LESSEE BE LIABLE OR BE HELD RESPONSIBLE FOR MISAPPLICATION OF ANY PAYMENTS RECEIVED BY THE OWNER (OR THE ADMINISTRATOR) WHICH ARE TO BE PAID TO HEALTHCARE REALTY, KCCI AND/OR SELCO AND LESSEE SHALL BE GIVEN CREDIT FOR ALL PAYMENTS MADE BY LESSEE TO OWNER (OR THE ADMINISTRATOR) OF EQUITY RENTAL NOTWITHSTANDING FAILURE OF HEALTHCARE REALTY, KCCI AND/OR SELCO TO RECEIVE SUCH PAYMENTS.
Net Lease; Nonterminability
