Avis 2010 Annual Report Download - page 614

4.2. Net Lease . THIS AGREEMENT SHALL BE A NET LEASE, AND THE 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 the Lessee hereunder shall in no way be released,
discharged or otherwise affected (except as may be expressly provided herein) for any reason, including without limitation: (i) any defect
in the condition, merchantability, quality or fitness for use of the Group II Trucks or any part thereof; (ii) any damage to, removal,
abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Group II Trucks or any part thereof; (iii) any
restriction, prevention or curtailment of or interference with any use of the Group II Trucks or any part thereof; (iv) any defect in or any
Lien on title to the Group II Trucks or any part thereof; (v) any change, waiver, extension, indulgence or other action or omission in respect
of any obligation or liability of the Lessee or the Lessor; (vi) any bankruptcy, insolvency, reorganization, composition, adjustment,
dissolution, liquidation or other like proceeding relating to the 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 the Lessee has or might
have against any Person, including without limitation the Lessor; (viii) any failure on the part of the Lessor or the 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 Applicable Related Documents with respect to any Group II Series of Notes or any provision of
any thereof, in each case whether against or by the Lessee or otherwise; (x) any insurance premiums payable by the Lessee with respect to
the Group II Trucks; or (xi) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not the Lessee
shall have notice or knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall be noncancelable
by the Lessee and, except as expressly provided herein, the Lessee, to the extent permitted by law, waives all rights now or hereafter
conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Monthly Base Rent,
Supplemental Rent or other amounts payable by the Lessee hereunder. All payments by the Lessee made hereunder shall be final (except to
the extent of adjustments provided for herein), absent manifest error and, except as otherwise provided herein, the Lessee shall not seek to
recover any such payment or any part thereof for any reason whatsoever, absent manifest error. If for any reason whatsoever this
Agreement shall be terminated in whole or in part by operation of law or otherwise except as expressly provided herein, the Lessee shall
nonetheless pay all Monthly Base Rent, all Supplemental Rent and all other amounts due hereunder at the time and in the manner that such
payments would have become due and payable under the terms of this Agreement as if it had not been terminated in whole or in part. All
covenants and agreements of the Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
5. INSURANCE
. The Lessee represents that it shall at all times maintain or cause to be maintained insurance coverage in force as follows:
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