Rent and all other sums payable to Lessor hereunder shall be paid without notice, demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction. Except as expressly provided herein, Lessee waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement or the Real Property or any part thereof, or to any abatement, suspension, deferment, diminution or reduction of rent or any other sum payable by Lessee hereunder.

The Building has undergone several rounds of improvement since its original construction in 1976. These improvements included interior demolition and related ACM abatement down to concrete floors and studs according to former facility personnel. However, no documentation regarding the removal of ACMs is available and an asbestos survey has not been performed. Considering the extensive improvements conducted, it’s unlikely that ACMs are present in the building. Nonetheless, due to the lack of abatement documentation, the present of ACMs or PACMs cannot be ruled out.

New Minimum Annual Rent shall be payable, without demand, in advance, in equal consecutive monthly installments, on the first day of each month throughout the Term, without abatement, deduction, or set-off.

Has the company been the recipient of requests for information, notice and demand letters, cleanup and abatement orders, or cease and desist orders or other administrative inquiries? Yes ​ No ​. If yes, please describe:

the Rent previously payable (or which would have been payable but for any abatement or suspension of the Rent or restriction on the right to collect it) under the Lease prior to forfeiture or disclaimer; and

All penalties to date incurred or accrued are waived during the term of this AMENDMENT AND ABATEMENT AGREEMENT and if all payments thereunder are made as specified above in a timely manner, all such penalties shall be permanently waived.

Except as specifically set forth in any Loan Document, all sums payable by Borrower under any Loan Document shall be paid without notice, demand, counterclaim (other than mandatory counterclaims), setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction.

“Hazardous Material Activity” means any activity, event or occurrence involving a Hazardous Material, including, without limitation, the manufacture, possession, presence, use, generation, transportation, treatment, storage, disposal, Release, threatened Release, abatement, removal, remediation, handling of or corrective or response action to any Hazardous Material.

the Rent payable on the last day of the Contractual Term of the Previous Lease (being the lease dated ​ made between Moorfields Eye Hospital NHS Foundation Trust # and Meiragtx Limited # and Kadmon Corporation LLC (3)) (or which would then be payable but for any abatement or suspension of the Rent or restriction on the right to collect it) or, if greater;

reserve as an initial annual rent an amount equal to the Rent payable under this Lease at the date of the forfeiture or disclaimer or which would be payable but for any abatement or suspension of the Rent or restriction on the right to collect it (subject to paragraph 5) and which is subject to review on the same terms and date provided this Lease;