Hell or High Water Resource type: Glossary item Status: Maintained Jurisdiction: USA Usually describes an independent and absolute contractual obligation of a party (known as a hell or high water clause or provision). Theterm comes from the expression "come hell or high water," which means an action or obligation must be performed no matter what happens and in spite of all difficulties. These clauses are found in several transactions. In the context of: Equipment leases, requires lessees of equipment to continue making rent payments to lessors, regardless of any defects in the leased goods or other performance problems with lessors, suppliers or manufacturers of their obligations with respect to the leased goods. Project finance transactions, an absolute commitment of a party to perform an action or obligation under an agreement with no contractual defense, including force majeure (www.practicallaw.com/3-501-8499). This provision is included in take or pay (www.practicallaw.com/3-383-2229) contracts, where an offtaker (www.practicallaw.com/1-383-2206) has an unconditional obligation to pay for a product (for example, electricity from a power plant) or service (for example, transportation of gas or oil through a pipeline) even if the off taker does not take delivery of the product or use the service. This provision is also included in leveraged lease
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