Avis 2006 Annual Report Download - page 255

4.2. Special Service Charges .
On each Payment Date, or on such other Business Day as the Lessor shall request, each Lessee shall pay in immediately available
funds to, or at the direction of, the Lessor, not later than 11:00 a.m., New York City time, on such date, such Lessee’s allocable portion of the
Special Service Charges determined by the Lessor to be due and payable hereunder on such date with respect to Vehicles leased hereunder by
such Lessee. The provisions of this Section 4.2 will survive the expiration or earlier termination of the Term. The portion of Special Service
Charges allocable to each Lessee will equal (i) with respect to Special Service Charges that relate to particular Vehicles, the portion thereof that
relates to the particular Vehicles leased hereunder by such Lessee, and (ii) with respect to Special Service Charges that do not relate to
particular Vehicles, such Lessee’s Share, determined as of the beginning of the Related Month, of such amounts. Each Lessee acknowledges
that the Lessor has assigned and transferred its right to payment of such amounts to the Intermediary, together with the right to invoice or
request payment thereof, pursuant to the Master Exchange Agreement, and that the Intermediary shall be entitled to exercise the rights to
enforce and collect such amounts if any such amounts are not paid when due. The provisions of this Section 4.2 will survive the expiration or
earlier termination of the Term.
4.3. Net Lease .
THIS AGREEMENT SHALL BE A NET LEASE, AND EACH LESSEE’S OBLIGATION TO PAY ALL MONTHLY BASE
RENT, SUPPLEMENTAL RENT AND OTHER SUMS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL
NOT BE SUBJECT TO ANY ABATEMENT, SETOFF, COUNTERCLAIM, DEDUCTION OR REDUCTION FOR ANY REASON
WHATSOEVER. The obligations and liabilities of each Lessee hereunder shall in no way be released, discharged or otherwise affected (except
as may be expressly provided herein including, without limitation, the right of each Lessee to reject Vehicles pursuant to Section 2.2
hereof) for
any reason, including, without limitation: (i) any defect in the condition, merchantability, quality or fitness for use of the Vehicles or any part
thereof; (ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Vehicles or any
part thereof; (iii) any restriction, prevention or curtailment of or interference with any use of the Vehicles or any part thereof; (iv) any defect in
or any Lien on title to the Vehicles or any part thereof; (v) any change, waiver, extension, indulgence or other action or omission in respect of
any obligation or liability of such Lessee or the Lessor; (vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution,
liquidation or other like proceeding relating to such Lessee, the Lessor or any other Person, or any action taken with respect to this Agreement
by any trustee or receiver of any Person mentioned above, or by any court; (vii) any claim that such Lessee has or might have against any
Person, including, without limitation, the Lessor; (viii) any failure on the part of the Lessor or any other Lessee to perform or comply with any
of the terms hereof or of any other agreement; (ix) any invalidity or unenforceability or disaffirmance of this Agreement or any provision
hereof or any of the other Related Documents or any provision of any thereof, in each case whether against or by such Lessee or otherwise;
(x) any insurance premiums payable by such Lessee with respect to the Vehicles; (xi) any failure of a Permitted Sublessee to perform its
obligations under the Sublease to which it is a party; or (xii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing,
whether or not such Lessee shall have notice or
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