No Setoff or Abatement. Except as expressly provided in this Lease, Xxxxxx’s obligation to pay the Rent shall be absolute and unconditional and shall not be affected by any circumstance, including (a) any set-off, counterclaim, recoupment, defense or other right which Lessee may have against any Person, for any reason whatsoever (whether in connection with the transactions contemplated hereby or any other transactions), (b) any defect in the title (excepting defects caused by, through or under Lessor), condition, design, operation, or fitness for use of, or any damage to or loss or destruction of, the Leased Premises, or any interruption or cessation in or prohibition of the use or possession thereof by Lessee for any reason whatsoever, including any such interruption, cessation or prohibition resulting from the act of any Governmental Authority in respect of Lessee’s use of the Leased Premises, (c) any insolvency, bankruptcy, reorganization or similar case or proceedings by or against a counterparty to any of the Project Documents or (d) any other circumstance, happening, or event whatsoever (including any Force Majeure Event), whether or not unforeseen or similar to any of the foregoing. Lessee hereby waives, to the extent permitted by Applicable Law, any and all rights which it may now have or which at any time hereafter may be conferred upon it, by statute or otherwise, to terminate, cancel, quit or surrender this Lease except in accordance with the express terms hereof. It is the intention of the Parties that the obligations of Lessee hereunder shall be separate and independent covenants and agreements, that the Rent, and all other sums payable by Xxxxxx hereunder shall continue to be payable in all events and that the obligations of Lessee hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated pursuant to an express provision of this Lease. If Xxxxxx commences any proceedings for non-payment of Rent, Lessee will not interpose any counterclaim or cross complaint in such proceedings unless Xxxxxx would lose or waive such claim by the failure to assert it. This shall not, however, be construed as a waiver of Xxxxxx’ right to assert such claims in a separate action brought by Xxxxxx. Nothing herein shall preclude Xxxxxx from pursuing or realizing upon its other remedies at law or in equity by reason of any default hereunder by Xxxxxx.
No Setoff or Abatement. Except to the extent specifically set forth in this Lease, no setoff against or abatement or reduction of rent, charges or other compensation shall be claimed by or allowed to Tenant, or any persons claiming under it, under any circumstances, whether for inconvenience, discomfort, interruption of business, or otherwise, arising from the making of alterations, changes, additions, improvements or repairs to the Demised Premises or improvements located thereon by virtue or because of any present or future governmental laws, ordinances, requirements, orders, directions, rules or regulations or by virtue or arising from, and during, the restoration of the Demised Premises after the destruction or damage thereof by fire or other cause or the taking or condemnation of any portions thereof or arising from any other cause or reason.
