Abatement Event Clause Samples
An Abatement Event clause defines circumstances under which a party’s obligations, typically payment or performance, are reduced or suspended due to specific events that impact the use or enjoyment of a property or service. For example, if leased premises become partially unusable due to damage or government action, the tenant’s rent may be proportionally reduced until the issue is resolved. This clause ensures fairness by adjusting obligations when unforeseen events disrupt normal operations, thereby allocating risk and providing a clear mechanism for handling such disruptions.
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Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, 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 the Premises, (ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ 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 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. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.
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 Event continues beyond the "Eligibility Period" (as that term is defined below), then the Base Rent and Tenant's Share of Direct Expenses shall be abated entirely 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, bears to the total rentable area of the Premises leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period 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 for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Direct Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises for Tenant's business purposes. If, however, Tenan...
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, whether directly or as a result of any failure to provide services or access to the Common Area of the Building in which the Premises are a part 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. 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 Base Rent and Tenant’s Share of Direct Expenses shall be abated entirely 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, bears to the total rentable area of the Premises leased by
Abatement Event. An "Abatement Event" is:
Abatement Event. If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator 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 two (2) business days after the receipt of the Initial Notice, Tenant may deliver an additional notice to Landlord (the "Additional Notice"), specifying such Abatement Event and Tenant's intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ 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
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. 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" 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 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
Abatement Event. Effective as of the Expansion Commencement Date, the following is hereby added to the end as the last sentence of Section 6.4 of the Office Lease: “Notwithstanding anything to the contrary, Tenant shall have the right to terminate the Lease upon written notice therefor to Landlord, in the event of any Abatement Event which continues for a period of one hundred fifty (150) consecutive days or for a period of one hundred eighty (180) non-consecutive days in any calendar year.”