Abatement Event Sample Clauses

Abatement Event. If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interference, and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning of any Building System or utility service to the Premises, or (B) a failure to provide access to the Premises, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within two (2) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises (or as to all of the Premises, if the portion which is untenantable materially impairs Tenant’s ability to conduct business from the Premises). Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as otherwise provided in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof (specifically including, but not limited to, Tenant’s server room and the equipment located therein), as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, Project (including the Project Common Areas), or Premises (including the Project parking areas to the extent reasonable replacement spaces are not provided); or (ii) any failure by Landlord to provide services, utilities or ingress to and egress from the Building, Project (including the Project Common Areas), or Premises as required pursuant to the TCCs of this Lease; or (iii) the presence of Hazardous Materials not brought on the Premises by “Tenant Parties,” as that term is set forth in Section 10.1 of this Lease, to the extent such presence substantially interferes with Tenant’s use of or ingress to or egress from the Building, Project (including the Project Common Areas), -00- XXXXXX XXXXXX XXXXXX CENTRE DEL MAR [Santarus, Inc.] or Premises (including the Project parking areas to the extent reasonable replacement spaces are not provided) (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord Notice of such Abatement Event, and if such Abatement Event continues for four (4) consecutive business days after Landlord’s receipt of any such Notice (the “Eligibility Period”), then, as Tenant’s sole remedy vis-à-vis such Abatement Event, the Base Rent and Tenant’s Share of Direct Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use (“Unusable Area”), bears to the total rentable area of the Premises. Notwithstanding the foregoing, in the event that, as a result of an Abatement Event, either (A) Tenant is prevented (from an objective, general office tenant perspective) from conducting, and does not conduct, its business in more than fifty percent (50%) of the Premises for a period of time in excess of the Eligi...

Abatement Event. If an Abatement Event occurs as defined in the Facility Lease that would prevent the Bonds from being repaid before the expiration of the Term, then the Department shall have the unilateral right, subject to the prior approval of the Board, to extend the Term beyond the fifty (50) year term until all of the Bonds have been paid or retired under the provisions of the Bond Documents, by giving written notice to the Participating County within sixty (60) days of the Abatement Event.

Abatement Event. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of any occurrence outside the reasonable control of Tenant (an "Abatement Event"), then rent shall be abated or reduced, as the case may be, for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then rent shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the entire Premises; provided, however, notwithstanding anything to the contrary set forth in this Paragraph 40, Tenant's rent shall only be abated to the extent the occurrence is covered by rent loss insurance carried or required to be carried by Landlord in connection with this Lease and to the extent of net rent loss insurance proceeds actually received by Landlord (which Landlord shall use commercially reasonable efforts to obtain).

Abatement Event. An "Abatement Event" is: (a) Landlord's performance of or failure to perform any repair, maintenance, or alteration that substantially interferes with Tenant's use of the Premises or which concerns an emergency involving risk of life or injury to persons or significant damage to property; (b) Any failure of or interruption in utilities or services required to be supplied by Landlord to the Premises; or (c) Any failure of Landlord to provide Tenant with access to the Premises.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. In addition, an "Abatement Event" shall not be deemed to have occurred where such failure is caused by (a) an Alternate Service Provider for the Premises where such failure would generally not have occurred had Tenant utilized the Electric Service Provider (or its successor), or (b) an Alternate Service Provider for service to the Common Areas where Landlord reasonably conditioned its approval of the use of such Alternate Service Provider pursuant to Section 6.5.1 upon Tenant assuming the risk that any failures to provide services or access to the Premises caused by such Alternate Service Provider would not be deemed to constitute an "Abatement Event" pursuant to this Section 6.8. Tenant shall give Landlord notice ("ABATEMENT NOTICE") of any such Abatement Event, and if such Abatement PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Abatement Event. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Property or any portion thereof, as a result of any failure to provide services or access to the Property, where (i) such event is caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors and is within Landlord's reasonable control, (ii) Tenant cannot and does not actually use the Property or such portion thereof for its ordinary course purposes as of the Effective Date, and (iii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Extended Term Monthly Base Rent during the Extended Term, if applicable, shall be abated entirely or equitably reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from so using, and does not so use, the Property or a portion thereof; provided, however, in the event that Tenant is prevented from so using, and does not so use, a portion of the Property for a period of time in excess of the

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Abatement Event. If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease (including, without limitation, Articles 7 and 27 and Sections 29.30 and 29.33 of this Lease), and (ii) such failure causes all or a portion of the Premises to be un-tenantable and unusable by Tenant, then Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three (3) days after the receipt of the Initial Notice (the “Eligibility Period”), then Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of its receipt of the Additional Notice, then Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date that is three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises (or as to all of the Premises, if the portion which is un-tenantable materially impairs Tenant’s ability to conduct business from the Premises). Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 3.3, Section 4 of the Summary, Section 3.2, Article 7, Section 11.1, Article 13, Article 27, Section 29.30, and Section 29.33 of this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. IN THE EVENT THAT TENANT IS PREVENTED FROM USING, AND DOES NOT USE, THE PREMISES OR ANY PORTION THEREOF, AS A RESULT OF ANY OCCURRENCE OUTSIDE THE REASONABLE CONTROL OF TENANT (AN "ABATEMENT EVENT"), THEN RENT SHALL BE ABATED OR REDUCED, AS THE CASE MAY BE, FOR SUCH TIME THAT TENANT CONTINUES TO BE SO PREVENTED FROM USING, AND DOES NOT USE, THE PREMISES OR A PORTION THEREOF, IN THE PROPORTION THAT THE RENTABLE AREA OF THE PORTION OF THE PREMISES THAT TENANT IS PREVENTED FROM USING, AND DOES NOT USE, BEARS TO THE TOTAL RENTABLE AREA OF THE PREMISES; PROVIDED, HOWEVER, IN THE EVENT THAT TENANT IS PREVENTED FROM USING, AND DOES NOT USE, A PORTION OF THE PREMISES AND THE REMAINING PORTION OF THE PREMISES IS NOT SUFFICIENT TO ALLOW TENANT TO EFFECTIVELY CONDUCT ITS BUSINESS THEREIN, AND IF TENANT DOES NOT CONDUCT ITS BUSINESS FROM SUCH REMAINING PORTION, THEN RENT SHALL BE ABATED FOR SUCH TIME AS TENANT CONTINUES TO BE SO PREVENTED FROM USING, AND DOES NOT USE, THE ENTIRE PREMISES; PROVIDED, HOWEVER, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS SECTION 54, TENANT'S RENT SHALL ONLY BE ABATED IN THE AMOUNT PAID UNDER ANY LOSS OF RENTS POLICY COVERING THE OCCURRENCE, WHICH LANDLORD AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO COLLECT.