Abatement and Termination. It is agreed between the Landlord and the Tenant that:
(a) in the event of Insured Damage (including by the presence of any Hazardous Substance) to the Leased Premises or to the Building or the Property affecting access or services essential to the conduct of business in the Leased Premises and if the damage is such that the Leased Premises or any substantial part thereof is rendered not reasonably capable of use and occupancy by the Tenant for the purposes of its business for any period of time in excess of 10 days, then:
(i) unless the damage was caused by the misuse, fault or negligence of the Tenant or its employees, invitees or others under its control, from and after the date of occurrence of the damage and until the Leased Premises are again reasonably capable of use and occupancy as aforesaid, Rent Base Rental (but not any other payments required to be made by the Tenant hereunder) shall xxxxx from time to time in proportion to the part or parts of the Leased Premises not reasonably capable of such use and occupancy, and
(ii) unless this Lease is terminated as hereinafter provided, the Landlord or the Tenant as the case may be (according to the nature of the damage and their respective obligations to repair as provided herein, it being understood that the Tenant shall have the obligation to repair and replace all Leasehold Improvements and all Tenant’s trade fixtures) shall repair such damage with all reasonable diligence, but to the extent that any part of the Leased Premises is not reasonably capable of such use and occupancy by reason of damage which the Tenant is obligated to repair hereunder, any abatement of Rent to which the Tenant is otherwise entitled hereunder shall not extend later than the time by which repairs by the Tenant ought to have been completed with reasonable diligence; and
(b) notwithstanding the provisions of subsection 4.2(a) above, if either:
(i) the entire or substantially all of the Leased Premises, or premises whether of the Tenant or other tenants of the Building comprising in the aggregate 35% or more of the Rentable Area of the Building, are substantially damaged or destroyed by any cause (including by the presence of any Hazardous Substance) to such an extent that in the reasonable opinion of the Landlord’s independent third party architect they cannot be repaired or rebuilt within 365 180 days after the occurrence of the damage or destruction; or
(ii) a mortgagee entitled to the insurance proceeds does not consent ...
Abatement and Termination. It is agreed between the Landlord and the Tenant that:
(a) in the event of damage to the Leased Premises or to the Building and if the damage is such that the Leased Premises or any substantial part thereof is rendered not reasonably capable of use and occupancy by the Tenant for the purposes of its business for any period of time in excess of ten days, then:
(i) unless the damage was caused by the fault or negligence of the Tenant or its employees or others under its control, from and after the date of occurrence of the damage and until the Leased Premises are again reasonably capable of use and occupancy as aforesaid, rent shall xxxxx from time to time in proportion to the part or parts of the Leased Premises not reasonably capable of such use and occupancy, and
(ii) unless this Lease is terminated as hereinafter provided, the Landlord or the Tenant, as the case may be (according to the nature of the damage and their respective obligations to repair as provided in Section 6.01 and 6.
Abatement and Termination. If any cleanup, repair, or similar actions is required by any governmental or quasi-governmental agency as a result of the storage, release, or disposal of hazardous substances materials by Landlord, and such action requires that the Tenant be completely or partially closed for business or that access to all or part of the Premises be denied for longer than a five (5) day period, then the Rent will be abated entirely during the period beyond five (5) days. If the closure or denial of access persists in excess of one hundred and twenty (120) days, then, at Tenant’s election by written notice to Landlord given within ten (10) days after the one hundred and twenty (120) day period, this Lease will terminate effective as of the date of Landlord’s receipt of said notice.
Abatement and Termination. In the event of damage to the Leased Premises:
Abatement and Termination. Subject to Section 19.03, in the event that any interruption or discontinuance of services required to be furnished by Landlord under this Article XIX continues beyond thirty (30) days after written notice to Landlord and such interruption materially and adversely affects Tenant’s ability to conduct business in a substantial portion of the Leased Premises and on account of such interruption or disturbance Tenant ceases doing business in the Leased Premises, Base Rent and Tenant’s Proportionate Share of Operating Expenses and Taxes shall thereafter axxxx proportionately for so long as Tenant remains unable to conduct its business in the Leased Premises or such portion thereof. The abatement provisions set forth above shall be inapplicable to any interruption or discontinuance of required to be furnished by Landlord under this Article XIX that is caused by casualty or condemnation a taking (it being acknowledged that such situations shall be governed by Articles XII and XIII, respectively).
Abatement and Termination. In the event of damage or destruction to the Premises or the building of which the Premises forms a part by any casualty or occurrence:
(a) Basic Rent and Additional Rent hereunder shall abate if and to the extent Rent under the Head Lease abxxxx under the terms of the Head Lease;
(b) this Sublease shall terminate if the Head Landlord or the Sublandlord shall become entitled to terminate and shall terminate the Head Lease; and
(c) the Subtenant, if the Premises are restored by the Head Landlord in accordance with the provisions of the Head Lease, shall perform all of the obligations of the Sublandlord with respect to the repair and restoration of the Premises.
Abatement and Termination. 10.01 In the event of damage to or destruction of the Premises or the Project:
(i) Basic Rent and Additional Rent in respect of the Premises shall xxxxx if and to the extent rent and additional rent under the Head Lease abates pursuant to the terms of the Head Lease; and
(ii) this Sublease shall terminate if either the Head Landlord or the Sublandlord as tenant under the Head Lease shall become entitled to terminate and shall terminate the Head Lease pursuant to the provisions of Section 8.4
Abatement and Termination. The Landlord and the Tenant agree that:
(a) If there is damage to the Premises such that the Premises or any substantial part thereof are rendered not reasonably capable of use by the Tenant for the purposes of its business for any period in excess of ten days, then:
(i) The Rent payable under Section 4.01 and Section 4.02 shall xxxxx until the Premises are repaired, such abatement to be from time to time in the proportion that the Rentable Area of the part or parts of the Premises rendered not reasonably capable of such use bears to the Rentable Area of the Premises but not to exceed the amount of rental income insurance proceeds paid to the Landlord for the relevant period; provided that any abatement of Rent to which the Tenant is otherwise entitled shall not extend beyond the time by which, in the reasonable opinion of the Landlord, repairs which are the responsibility of the Tenant ought to have been completed; and
(ii) unless this Lease is terminated as hereinafter provided, the Landlord or the Tenant, as the case may be, will repair such damage with all reasonable diligence (according to their respective obligations to repair set forth in Sections 10.01 and 10.
Abatement and Termination. It is agreed between the Landlord and the Tenant that:
(a) In the event of partial destruction (as hereinafter defined) of the Premises by fire, the elements or other cause or casualty, then in such event, it the destruction is such, in the opinion of the Landlord’s Architect that the Premises cannot be used for the Tenant’s business until repaired, the Gross Rent and Additional Rent shall axxxx as hereinafter provided to the extent that the Landlord’s Insurance indemnifies the Landlord.
(i) If the destruction is such that, in the opinion of the Landlord’s Architect, the Premises may be partially used for the Tenant’s business while the
Abatement and Termination. (a) In the event of Partial Destruction (as herein defined) of the Leased Premises by fire, the elements or other cause or casualty and if the destruction is such, in the opinion of the Landlord's Architect, that the Leased Premises cannot be used for the Tenant's business until repaired, the Basic Rent shall xxxxx until the repair has been made. If the destruction is such that, in the opinion of the Landlord's Architect, the Leased Premises may be partially used for the Tenant's business while the repairs are being made, then the Basic Rent shall xxxxx in the proportion that the part of the Leased Premises rendered unusable bears to the whole of the Leased Premises, PROVIDED ALWAYS that if the part rendered unusable exceeds one-half (1/2) of the Rentable Area of the Leased Premises there shall be a total abatement of Basic Rent until the repairs have been made unless the Tenant, with the permission of the Landlord, in fact uses the undamaged part, in which case the Tenant shall pay proportionate Basic Rent for the part so used. "
