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Come 'Hell or High Water,' the Lessee Must Pay: Federal Court Upholds Defense Waiver

Come hell or high water" has been a motto of movie tough guys since the genre was invented. But as melodramatic as it may sound, it also has application in the world of business as well. Specific to the leasing industry, the phrase connotes a clause or condition of a leasing agreement that mandates the payment of all rent, fees, and costs to the lessor by the lessee, regardless of any intervening circumstances. Put succinctly, a lessee executing a deal with a "hell or high water clause" waives all of its defenses and is indefeasibly bound to pay its due to the lessor.

26 minute read September 09, 2004 at 09:13 AM
By
Anthony Michael Sabino
Come 'Hell or High Water,' the Lessee Must Pay: Federal Court Upholds Defense Waiver

“Come hell or high water” has been a motto of movie tough guys since the genre was invented. But as melodramatic as it may sound, it also has application in the world of business as well.

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