Common use of Non-Terminability Clause in Contracts

Non-Terminability. Except as set forth in Section 1.3 hereof and as set forth in Articles XIII and XIV hereof, this Lease shall not terminate, nor shall Tenant be entitled to any abatement, deduction, deferment or reduction of Rent hereunder once the Lease Commencement Date shall have occurred, nor shall Tenant have any right to terminate this Lease or to be released, relieved or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: (a) any damage to or destruction of any part of the Improvements, (b) any confiscation, condemnation, requisition or other taking of any part of the Demised Premises, (c) any limitation, restriction, deprivation (including eviction) or prevention of, or any interference with, any use or possession of all or part of the Demised Premises, (d) any default or other action, omission or breach by Landlord under this Lease or any other agreement to which Landlord and Tenant may be parties, (e) any claim as a result of any other business dealings of Landlord and Tenant or the affiliates of either, (f) the inadequacy, incorrectness or failure of the description of the Demised Premises or any portion thereof to demise and let the property intended to be so leased hereby, (g) the impossibility of performance by Landlord or Tenant, or both, (h) any Force Majeure Event, (i) any action or threatened or pending action of any court, administrative agency or other governmental authority, or (j) any other cause, whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the Base Rent, Additional Rent and other sums payable by Tenant hereunder shall be payable in all events, and that the obligations of Tenant hereunder shall be separate and independent covenants and shall continue unaffected unless otherwise expressly provided in this Lease. Tenant waives all rights which may at any time exist by law to quit, terminate or surrender this Lease or all or part of the Demised Premises or, except as otherwise expressly provided in this Lease, to any abatement, deferment, diminution or reduction of the Base Rent, Additional Rent or other sums payable under this Lease.

Non-Terminability. Except A. This Lease is an absolutely net lease and the Rent, Additional Rent and all other sums payable hereunder by Tenant shall be paid without notice (except as set forth in Section 1.3 hereof and as set forth in Articles XIII and XIV hereofexpressly provided herein), this demand, set-off, counterclaim, abatement, suspension, deduction or defense. B. This Lease shall not terminate, nor shall Tenant be entitled to any abatement, deduction, deferment or reduction of Rent hereunder once the Lease Commencement Date shall have occurred, nor shall Tenant have any right to terminate this Lease (except as otherwise expressly provided herein), nor shall Tenant be entitled to any abatement or to reduction of Rent hereunder (except as otherwise expressly provided herein), nor shall the obligations of Tenant under this Lease be releasedaffected, relieved or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: by reason of (ai) any damage to or destruction of all or any part of the ImprovementsPremises from whatever cause, (bii) the taking of the Premises or any confiscation, portion thereof by condemnation, requisition or other taking otherwise, (iii) the prohibition, limitation or restriction of Tenant's use of all or any part of the Demised Premises, (c) any limitation, restriction, deprivation (including eviction) or prevention of, or any interference withwith such use, (iv) any use eviction by superior title or possession otherwise, (v) Tenant's acquisition or ownership of all or any part of the Demised PremisesPremises otherwise than as expressly provided herein, (dvi) any default or other action, omission or breach by on the part of Landlord under this Lease Lease, or under any other agreement to which Landlord and Tenant may be parties, (evii) any claim as a result of any other business dealings the failure of Landlord and Tenant or the affiliates of either, (f) the inadequacy, incorrectness or failure to deliver possession of the description Premises on the commencement of the Demised Premises or any portion thereof to demise and let the property intended to be so leased hereby, (g) the impossibility of performance by Landlord or Tenant, or both, (h) any Force Majeure Event, (i) any action or threatened or pending action of any court, administrative agency or other governmental authorityterm hereof, or (jviii) any other cause, cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being . It is the intention of the parties hereto that the Base Rent, Additional Rent and other sums payable by Tenant hereunder shall be payable in all events, and that the obligations of Tenant hereunder shall be separate and independent covenants and agreements, that the Rent, the Additional Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected unless otherwise the requirement to pay or perform the same shall have been terminated pursuant to any express provision of this Lease. C. Except as expressly provided herein, Tenant agrees that it will remain obligated under this Lease in accordance with its terms, and that it will not take any action to terminate, rescind, or avoid this Lease. , notwithstanding (1) the bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution or winding-up or other like proceeding affecting Landlord or its successor in interest, or (2) any action with respect to this Lease which may be taken by any trustee or receiver of Landlord or its successor in interest or by any court in any such proceeding. D. Tenant waives all rights which may at any time exist now or hereafter be conferred by law (i) to quit, terminate or surrender this Lease or all the Premises or any part thereof, or (ii) to any abatement, suspension, deferment or reduction of the Demised Premises orRent, Additional Rent or any other sums payable under this Lease, except as otherwise expressly provided in this Lease, to any abatement, deferment, diminution or reduction of the Base Rent, Additional Rent or other sums payable under this Leaseherein.

Non-Terminability. Except as set forth in Section 1.3 hereof and as set forth in Articles XIII and XIV hereof, this (a) This Lease shall not terminate, except as otherwise expressly provided herein, nor shall Tenant Lessee be entitled to any abatement, deductionreduction, deferment set-off, counterclaim, defense or reduction of deduction with respect to any Fixed Rent, Additional Rent hereunder once the Lease Commencement Date shall have occurredor other sum payable hereunder, nor shall Tenant have any right to terminate this Lease or to the obligations of Lessee hereunder be releasedaffected, relieved or discharged from any obligations or liabilities hereunder for any reason, including, without limitationby reason of: (a) any damage to or destruction of the Premises (subject to paragraph 11 hereof); any taking of the Premises or any part thereof by condemnation or otherwise (subject to paragraph 11 hereof); any prohibition, limitation, restriction or prevention of Lessee's use, occupancy or enjoyment of the Improvements, (b) any confiscation, condemnation, requisition or other taking of any part of the Demised Premises, (c) any limitation, restriction, deprivation (including eviction) or prevention of, or any interference withwith such use, occupancy or enjoyment by any use Person; any eviction by paramount title or possession of all or part of the Demised Premises, (d) otherwise; any default by Lessor hereunder or under any other action, omission or breach by Landlord under this Lease agreement; any action of any governmental authority; or any other agreement to which Landlord and Tenant may be parties, (e) any claim as a result of any other business dealings of Landlord and Tenant or the affiliates of either, (f) the inadequacy, incorrectness or failure of the description of the Demised Premises or any portion thereof to demise and let the property intended to be so leased hereby, (g) the impossibility of performance by Landlord or Tenant, or both, (h) any Force Majeure Event, (i) any action or threatened or pending action of any court, administrative agency or other governmental authority, or (j) any other cause, cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the . The parties hereto that the Base Rent, Additional Rent and other sums payable by Tenant hereunder shall be payable in all events, and intend that the obligations of Tenant Lessee hereunder shall be separate and independent covenants and agreements and shall continue unaffected unless otherwise expressly provided in such obligations shall have been modified or terminated pursuant to an express provision of this Lease. (b) Lessee shall remain obligated under this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting Lessor or any assignee of Lessor or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. Tenant Lessee waives all rights which may at any time exist by law to quit, terminate or surrender this Lease or all or part of the Demised Premises or, except as otherwise expressly provided in this Lease, or to any abatement, deferment, diminution abatement or reduction deferment of the Base Fixed Rent, Additional Rent or other sums payable under this Leasehereunder.

Non-Terminability. Except This is an absolutely net lease, and, except as set forth otherwise specifically provided in Section 1.3 hereof and as set forth in Articles XIII and XIV 12 hereof, this Lease shall not terminate, terminate nor shall Tenant have any right to terminate this Lease; nor shall Tenant be entitled to any abatement, deduction, deferment deferment, suspension or reduction of Rent hereunder once the Lease Commencement Date shall have occurredof, or setoff, defense or counterclaim against, any rentals, charges, or other sums payable to Tenant under this Lease; nor shall the respective obligations of Landlord and Tenant have any right to terminate this Lease or to be released, relieved or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: (a) any otherwise affected by reason of damage to or destruction of the Leased Premises from whatever cause, any part taking by condemnation, eminent domain or by agreement between Landlord and those authorized to exercise such rights, the lawful or unlawful prohibition of Tenant's use of the ImprovementsLeased Premises, (b) the interference with such use by any confiscationpersons, condemnation, requisition corporations or other taking entities, or by reason of any part of the Demised Premises, (c) any limitation, restriction, deprivation (including eviction) or prevention ofeviction by paramount title, or any interference with, any use or possession by reasons of all or part of the Demised Premises, (d) any default or other action, omission or breach of any warranty by Landlord under this Lease or any other agreement between Landlord and Tenant or to which Landlord and Tenant may be are parties, (e) any claim as a result of or for any other business dealings of Landlord and Tenant or the affiliates of either, (f) the inadequacy, incorrectness or failure of the description of the Demised Premises or any portion thereof to demise and let the property intended to be so leased hereby, (g) the impossibility of performance by Landlord or Tenant, or both, (h) any Force Majeure Event, (i) any action or threatened or pending action of any court, administrative agency or other governmental authority, or (j) any other cause, cause whether similar or dissimilar to the foregoing, any present or future law Laws to the contrary notwithstanding, ; it being the intention of the parties hereto that the Base Rent, Additional Rent and other sums payable by Tenant hereunder shall be payable in all events, and that the obligations of Landlord and Tenant hereunder shall be separate and independent covenants and agreements and that the Minimum Rental, additional rent and all other charges and sums payable by Tenant hereunder shall continue unaffected to be payable in all events unless otherwise expressly provided in the obligations to pay the same shall be terminated pursuant to the express provisions of this Lease. ; and Tenant waives all rights which may at any time exist by law to quit, terminate or surrender 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 all or part of the Demised Premises or, except as otherwise expressly provided in void this Lease, to any abatementnotwithstanding the bankruptcy, defermentinsolvency, diminution or reduction of the Base Rentreorganization, Additional Rent composition, readjustment, liquidation, dissolution, winding up or other sums payable under proceedings affecting Landlord or any assignee of, or successor to, Landlord, and notwithstanding any action with respect to this LeaseLease 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.

Non-Terminability. Except as otherwise expressly set forth in Section 1.3 hereof and as set forth in Articles XIII and XIV hereofherein, this Lease shall not terminate, nor shall Tenant be entitled to any abatement, deduction, deferment or reduction of Rent hereunder once the Lease Commencement Date shall have occurred, nor shall Tenant Lessee have any right to terminate this Lease or be entitled to any abatement of any rent or any reduction thereof, nor shall the obligations hereunder of the Lessee be releasedotherwise affected, relieved or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: by reason of (a) any damage to or the destruction of all or any part of the ImprovementsPremises from whatever cause, (b) any confiscation, condemnation, requisition the condemnation or other taking of the Premises or any part of the Demised Premisesportion thereof by condemnation or otherwise, (c) any limitationthe prohibition, restriction, deprivation (including eviction) limitation or prevention of, or any interference with, any use or possession of all or part restriction of the Demised PremisesLessee's use of the Premises as the result of any legal requirement or the interference with such use by any private person or corporation, (d) any default eviction by paramount title or other action, omission or breach by Landlord under this Lease or any other agreement to which Landlord and Tenant may be partiesotherwise, (e) any claim as a result loss or termination of any other business dealings tax abatement or exemption of Landlord and Tenant or the affiliates of eitherPremises, (f) the inadequacyany bankruptcy, incorrectness insolvency, reorganization, composition, adjustment, dissolution, liquidation or failure of the description of the Demised Premises other like proceeding relating to Lessor, or any portion thereof action taken with respect to demise and let the property intended to be so leased herebythis Lease by any trustee or receiver of Lessor, or by any court, in any such proceeding, (g) the impossibility of performance by Landlord any claim which Lessee has or Tenant, or bothmight have against Lessor, (h) any Force Majeure Eventfailure on the part of Lessor to perform or comply with any of the terms hereof or of any other agreement with Lessee, or (i) any action or threatened or pending action of any court, administrative agency or other governmental authority, or (j) any other cause, cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the Base Rent, Additional Rent and other sums payable by Tenant additional rent reserved hereunder shall continue to be payable in all events, and that the obligations of Tenant the Lessee hereunder shall be separate and independent covenants and shall continue unaffected unless otherwise expressly provided in this Lease. Tenant waives all rights which may at any time exist by law the requirement to quit, terminate pay or surrender this Lease or all or part perform the same shall be terminated pursuant to an express provision of the Demised Premises or, except as otherwise expressly provided in this Lease, to any abatement, deferment, diminution or reduction of the Base Rent, Additional Rent or other sums payable under this Lease.

Non-Terminability. Except as set forth in Section 1.3 hereof and as set forth in Articles XIII and XIV hereof, this (a) This Lease shall not terminate, nor shall Tenant be entitled to any abatement, deduction, deferment or reduction of Rent hereunder once the Lease Commencement Date shall have occurred, nor shall Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement or reduction of Rent hereunder nor shall the obligations of Tenant under this Lease or to be releasedaffected, relieved or discharged from any obligations or liabilities hereunder for any reason, including, without limitation: by reason of (ai) any damage to or destruction of all or any part of the ImprovementsPremises from whatever cause, whether with or without fault on part of Tenant, except as otherwise expressly set forth in this Lease; (bii) the taking of the Premises or any confiscation, portion thereof by condemnation, requisition or other taking otherwise, except as otherwise expressly set forth in this Lease; (iii) the prohibition, limitation or restriction of Tenant's use of all or any part of the Demised Premises, (c) any limitation, restriction, deprivation (including eviction) or prevention of, or any interference with, with such use; (iv) any use eviction by paramount title or possession otherwise; (v) Tenant's acquisition or ownership of all or any part of the Demised Premises, Premises otherwise than as expressly provided herein; (dvi) any default or other action, omission or breach by on the part of Landlord under this Lease Lease, or under any other agreement to which Landlord and Tenant may be parties, ; (evii) any claim as a result of any other business dealings the failure of Landlord and Tenant or the affiliates of either, (f) the inadequacy, incorrectness or failure to deliver possession of the description of Premises on the Demised Premises or any portion thereof to demise and let the property intended to be so leased hereby, (g) the impossibility of performance by Landlord or Tenant, or both, (h) any Force Majeure Event, (i) any action or threatened or pending action of any court, administrative agency or other governmental authority, Commencement Date; or (jviii) any other cause, cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being . It is the intention of the parties hereto that the Base Rent, Additional Rent and other sums payable by Tenant hereunder shall be payable in all events, and that the obligations of Tenant hereunder shall be separate and independent covenants and agreements, that the Basic Rent, the Additional Rent and all other sums payable by Tenant hereunder shall continue unaffected to be payable in all events and that the obligations of Tenant 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. (b) Except as may be otherwise expressly provided set forth in this Lease. , Tenant agrees that it will remain obligated under this Lease in accordance with its terms, and that it will not take any action to terminate, rescind or avoid this Lease, notwithstanding (i) the bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, or winding-up or other proceeding affecting Landlord or its successors in interest or (ii) any action with respect to this Lease which may be taken by any trustee or receiver of Landlord or its successors in interest or by any court in any such proceeding. (c) Except as may be otherwise expressly set forth in this Lease, Tenant waives all rights which may at any time exist now or hereafter be conferred by law (i) to quit, terminate or surrender this Lease or all the Premises or any part of the Demised Premises or, except as otherwise expressly provided in this Lease, thereof or (ii) to any abatement, defermentsuspension, diminution deferment or reduction of the Base Basic Rent, Additional Rent or any other sums payable under this Lease.