this Agreement or by statute or otherwise
in the case of non-payment of the Additional Charges as in the case of
non-payment of the Minimum Rent.
3.3
NET LEASE.
THE RENT SHALL BE ABSOLUTELY NET TO LANDLORD SO THAT
THIS AGREEMENT SHALL YIELD TO LANDLORD THE FULL AMOUNT OF THE INSTALLMENTS OR
AMOUNTS OF THE RENT THROUGHOUT THE TERM, SUBJECT TO ANY OTHER PROVISIONS OF THIS
AGREEMENT WHICH EXPRESSLY PROVIDE OTHERWISE, INCLUDING THOSE PROVISIONS FOR
ADJUSTMENT OR ABATEMENT OF SUCH RENT.
3.4
NO TERMINATION, ABATEMENT, ETC.
EXCEPT AS OTHERWISE SPECIFICALLY
PROVIDED IN THIS AGREEMENT, EACH OF LANDLORD AND
21
TENANT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHALL REMAIN BOUND BY THIS
AGREEMENT IN ACCORDANCE WITH ITS TERMS AND SHALL NOT TAKE ANY ACTION WITHOUT THE
CONSENT OF THE OTHER TO MODIFY, SURRENDER OR TERMINATE THIS AGREEMENT.
IN
ADDITION, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TENANT SHALL
NOT SEEK, OR BE ENTITLED TO, ANY ABATEMENT, DEDUCTION, DEFERMENT OR REDUCTION OF
THE RENT, OR SET-OFF AGAINST THE RENT, NOR SHALL THE RESPECTIVE OBLIGATIONS OF
LANDLORD AND TENANT BE OTHERWISE AFFECTED BY REASON OF (A) ANY DAMAGE TO OR
DESTRUCTION OF THE LEASED PROPERTY, OR ANY PORTION THEREOF, FROM WHATEVER CAUSE
OR ANY CONDEMNATION, (B) THE LAWFUL OR UNLAWFUL PROHIBITION OF, OR RESTRICTION
UPON, TENANT'S USE OF THE LEASED PROPERTY, OR ANY PORTION THEREOF, OR THE
INTERFERENCE WITH SUCH USE BY ANY PERSON OR BY REASON OF EVICTION BY PARAMOUNT
TITLE; (C) ANY CLAIM WHICH TENANT MAY HAVE AGAINST LANDLORD BY REASON OF ANY
DEFAULT (OTHER THAN A MONETARY DEFAULT) OR BREACH OF ANY WARRANTY BY LANDLORD
UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN LANDLORD AND TENANT, OR TO
WHICH LANDLORD AND TENANT ARE PARTIES; (D) ANY BANKRUPTCY, INSOLVENCY,
REORGANIZATION, COMPOSITION, READJUSTMENT, LIQUIDATION, DISSOLUTION, WINDING UP
OR OTHER PROCEEDINGS AFFECTING LANDLORD OR ANY ASSIGNEE OR TRANSFEREE OF
LANDLORD; OR (E) FOR ANY OTHER CAUSE WHETHER SIMILAR OR DISSIMILAR TO ANY OF THE
FOREGOING (OTHER THAN A MONETARY DEFAULT BY LANDLORD).
EXCEPT AS OTHERWISE
SPECIFICALLY PROVIDED IN THIS AGREEMENT, TENANT HEREBY WAIVES ALL RIGHTS ARISING
FROM ANY OCCURRENCE WHATSOEVER, WHICH MAY NOW OR HEREAFTER BE CONFERRED UPON IT
BY LAW (A) TO MODIFY, SURRENDER OR TERMINATE THIS AGREEMENT OR QUIT OR SURRENDER
THE LEASED PROPERTY, OR ANY PORTION THEREOF, OR (B) WHICH WOULD ENTITLE TENANT
TO ANY ABATEMENT, REDUCTION, SUSPENSION OR DEFERMENT OF THE RENT OR OTHER SUMS
PAYABLE OR OTHER OBLIGATIONS TO BE PERFORMED BY TENANT HEREUNDER.
THE
OBLIGATIONS OF TENANT HEREUNDER SHALL BE SEPARATE AND INDEPENDENT COVENANTS AND
AGREEMENTS, AND THE RENT AND ALL OTHER SUMS PAYABLE BY TENANT HEREUNDER SHALL
CONTINUE TO BE PAYABLE IN ALL EVENTS UNLESS THE OBLIGATIONS TO PAY THE SAME
SHALL BE TERMINATED PURSUANT TO THE EXPRESS PROVISIONS OF THIS AGREEMENT.
3.5
PRORATIONS, ETC.
IT IS UNDERSTOOD AND AGREED THAT (I) ALL ITEMS OF
REVENUE, COST AND EXPENSE, RIGHTS, REMEDIES, CLAIMS, LOSSES, DAMAGES,
LIABILITIES AND OBLIGATIONS WITH RESPECT TO THE PERIOD PRIOR TO THE COMMENCEMENT
DATE SHALL BE FOR THE ACCOUNT OF