Absolute Net Lease. This Lease shall be deemed and construed to be an "absolute net lease" and, except as herein expressly provided, the Landlord shall receive all payments required to be made by Tenant, free from all charges, assessments, impositions, expenses, deductions of any and every kind or nature whatsoever. Tenant shall, at Tenant's sole cost and expense, maintain the landscaping and parking lot, and make all additional repairs and alterations as required to maintain the Premises consistent with industry best practices.
Absolute Net Lease. All Rent payments shall be absolutely net to Landlord, free of any and all Taxes, Other Charges, and operating or other expenses of any kind whatsoever, all of which shall be paid by Tenant. Tenant shall continue to perform its obligations under this Lease even if Tenant claims that it has been damaged by Landlord. Thus, Tenant shall at all times remain obligated under this Lease without any right of setoff, counterclaim, abatement, deduction, reduction or defense of any kind. Tenant’s sole right to recover damages against Landlord under this Lease shall be to prove such damages in a separate action.
Absolute Net Lease. Except as expressly set forth herein and in the Transfer Agreement, all Rent payments shall be absolutely net to Landlord, free of any and all Taxes (as defined below in Section 6), Other Charges (as defined below in Section 6), and Tenant’s operating or other expenses of any kind whatsoever, all of which shall be paid by Tenant. Except as expressly set forth herein and in the Transfer Agreement, (i) Tenant shall continue to perform its obligations under this Lease even if Tenant claims it has been damaged by Landlord, (ii) Tenant shall at all times remain obligated under this Lease without any right of set-off, counterclaim, abatement, deduction, reduction or defense of any kind (except as set forth in Sections 18 and 19 below) and (iii) Tenant’s sole right to recover damages against Landlord under this Lease shall be to prove such damages in a separate action. Pursuant to the Transfer Agreement, and notwithstanding anything herein to the contrary, Landlord and Tenant acknowledge and agree that Tenant may offset any recoupment of Medicare, Medicaid, or any other Losses (as that term is defined in the Transfer Agreement) against Rent; provided, that Tenant shall promptly notify Landlord of the offset and the reason therefor. Notwithstanding anything herein to the contrary, Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations hereunder shall be conditioned upon the Prime Lease continuing to be in full force and effect for the Term of this Lease.
Absolute Net Lease. The Rent shall be paid absolutely net to Lessor, so that this Lease shall yield to Lessor the full amount of the installments of Base Rent and the payments of Additional Charges throughout the Term, but subject to any other provisions of this Lease which expressly provide for adjustment of Rent or other charges. Lessee further acknowledges and agrees that all charges, assessments or payments of any kind due and payable without notice, demand, set off or counterclaim under the Permitted Exceptions shall be paid by Lessee as they become due and payable.
Absolute Net Lease. This Lease is an "absolute net lease," and the Lessee's obligations to make Lease Payments as provided in Section 7.1 of this Lease, to pay Additional Rent AS provided in Section 7.2 of this Lease, and to perform and observe all other covenants and agreements of the Lessee contained herein shall be absolute and unconditional, and the failure by the Lessee to make such Lease Payments and to pay Additional Rent at the times and in the amounts as provided in Sections 7.1 and 7.2 hereof shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoff, counterclaim, abatement, deduction or defense whatsoever. Following Substantial Completion, notwithstanding the Lessor's obligation to complete punch-list items, the Lessee shall assume the sole responsibility for the condition, use, operation, maintenance, repair and management of the Leased Premises, and Lessee will, at its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and nonstructural, and ordinary and extraordinary changes, repairs and replacements which may be required to be made upon or in connection with the Leased Premises in order to keep the same in good repair and condition, reasonable wear and tear and ordinary use excepted; provided, however, that nothing herein shall be construed to release the Lessor from completion of the punch-list items, and if the Lessor should fail to complete the punch-list items within a reasonable time, the Lessee may institute such legal action against the Lessor as the Lessee may deem necessary to compel the performance of such obligation or to recover damages therefore. Notwithstanding anything in this Lease to the contrary, Lessee shall have no obligations to indemnify Lessor for any claims, loss, liabilities or damages arising from the negligence or willful misconduct of Lessor, its employees or agents.
Absolute Net Lease. All rent payments shall be absolutely net to the Landlord free of taxes, assessments, utility charges, operating expenses, refurnishings, insurance premiums or any other charge or expense in connection with the Premises. All expenses and charges, whether for upkeep, maintenance, repair, refurnishing, refurbishing, restoration, replacement, insurance premiums, taxes, utilities, and other operating or other charges of a like nature or otherwise, shall be paid by Tenant. This provision is not in derogation of the specific provisions of this Lease, but in expansion thereof and as an indication of the general intentions of the parties hereto. Tenant shall continue to perform its obligations under this Lease even if Tenant claims that Tenant has been damaged by any act or omission of Landlord. Therefore, Tenant shall at all times remain obligated under this Lease without any right of set-off, counterclaim, abatement, deduction, reduction or defense of any kind. Tenant's sole right to recover damages against Landlord by reason of a breach or alleged breach of Landlord's obligations under this Lease shall be to prove such damages in a separate action against Landlord.
Absolute Net Lease. All rent payments shall be absolutely net to the Landlord free of Taxes (as hereinafter defined), assessments, utility charges, operating expenses, refurnishings, insurance premiums or any other charge or expense in connection with the Premises. All expenses and charges, whether for upkeep, maintenance, repair, refurnishing, refurbishing, restoration, replacement, insurance premiums, taxes, utilities, and other operating or other charges of a like nature or otherwise, shall be paid by Tenant. This provision is not in derogation of the specific provisions of this Lease, but in expansion thereof and as an indication of the general intentions of the parties hereto. Tenant shall continue to perform its obligations under this Lease even if Tenant claims that Tenant has been damaged by any act or omission of Landlord. Therefore, except for any credit due from Landlord in favor of Tenant as provided in Section 2.5.5 of this Lease, Tenant shall at all times remain obligated under this Lease without any right of set-off, counterclaim, abatement, deduction, reduction or defense of any kind. Tenant's sole right to recover damages against Landlord by reason of a breach or alleged breach of Landlord's obligations under this Lease shall be to prove such damages in a separate action against Landlord.
Absolute Net Lease. All Rent payments shall be absolutely net to Lessor, free or any and all Taxes (as defined below in Section 5), Other Charges (as defined below in Section 5), and operating or other expenses of any kind whatsoever, all of which shall be paid by Lessee, except as otherwise provided in this Lease. Lessee shall at all times during the Term remain obligated under this Lease without any right of set-off, counterclaim, abatement, deduction, reduction or defense of any kind. Lessee’s sole right to recover damages against Lessor under this Lease shall be to prove such damages in a separate action.
Absolute Net Lease. All Rent payments shall be absolutely net to Landlord, free or any and all Taxes (as defined below in Section 5), Other Charges (as defined below in Section 5), and operating or other expenses of any kind whatsoever, all of which shall be paid by Tenant. Tenant shall continue to perform its obligations under this Lease even if Tenant claims it has been damaged by Landlord. Thus, Tenant shall at all times remain obligated under this Lease without any right of set-off, counterclaim, abatement, deduction, reduction or defense of any kind. Tenant's sole right to recover damages against Landlord under this Lease shall be to prove such damages in a separate action.
Absolute Net Lease. Except as provided in Section 3.4, this Lease shall be deemed and construed to be a “absolute net lease” and, except as herein expressly provided, the Landlord shall receive all payments required to be made by Tenant, free from all charges, assessments, impositions, expenses, deductions of any and every kind or nature whatsoever. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements, or alterations of any kind in or on the Premises except as specifically provided herein. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant shall at Tenant’s sole cost and expense be responsible for the management of the Premises, shall maintain the landscaping, parking lot and shall make those additional repairs and alterations required of Tenant hereunder to maintain the property in first class condition.
