Common use of Abatement Event Clause in Contracts

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 five (5) 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 five (5) 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 provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If An "Abatement Event" shall be defined as an event caused by Landlord's negligence or willful misconduct that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide essential services (i.e., utilities under Section 11(a) above) or access to the Premises, where (i) Landlord fails Tenant does not actually use the Premises or such portion thereof in the manner in which it was used prior 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 interferenceAbatement Event, and (ii) such failure causes all event is not caused by the negligence or a portion willful misconduct of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning of any Building System its agents, employees or utility service to the Premises, or (B) a failure to provide access to the Premises, contractors. Tenant shall give Landlord notice (the “Initial "Abatement Notice”), specifying ") of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within five (5) business days after continues beyond the receipt of the Initial Notice (the “"Eligibility Period”" (as that term is defined below), Tenant may deliver an additional notice to Landlord (the “Additional Notice”)then, specifying such Abatement Event and as Tenant’s intention to xxxxx 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 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 's sole and exclusive remedy at law or and in equity for an Abatement Event. Except as provided (other than in this the case of Landlord's default, in which case Section 6.4, nothing contained herein 19(b) below shall apply) the Basic Rental and Tenant's Proportionate Share of Direct Costs shall be interpreted abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to mean 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 excused prevented from paying Rent due hereunderusing, 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 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 Basic Rental and Tenant's Proportionate Share of Direct Costs 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. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "Eligibility Period" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). If a fire or other casualty results in Tenant's inability to use the Premises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 11(b).

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 fails 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 or to otherwise perform an act required by Landlord to avoid such interferenceLease, and (ii) which 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 interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or (B) a failure to provide access Project prior to the Premisesdate 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 (the “Abatement Event”)Landlord. If Landlord has not cured such Abatement Event within five three (53) 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 five three (53) 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 three (53) 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 Xxxx shall be Tenant’s sole and exclusive remedy at law or in equity for an a Abatement Event. Except as provided in this Section 6.46.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

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 five three (53) 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 five two (52) 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 Section 6.4Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If 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) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion thereof, and (ii) such failure causes all event is not caused by the negligence or a portion willful misconduct of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning of any Building System its agents, employees or utility service to the Premises, or (B) a failure to provide access to the Premises, contractors. Tenant shall give Landlord notice (the “Initial "Abatement Notice”), specifying ") of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within continues beyond the "Eligibility Period" (as that term is defined below), then the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking 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; 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 Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking 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. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after the Landlord's receipt of the Initial Notice (the “Eligibility Period”any Abatement Notice(s), 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 five (5) 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 provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

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 relates to (A) the nonfunctioning of any Building System the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, or utility service (B) the failure of other utilities to be furnished to the Premises, or (BC) 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 five three (53) 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 five two (52) 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 three (53) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant cures such Abatement Event and 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 and Tenant does not conduct any business from any portion of the Premises). Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.4, Section 4 of the Summary, Sections 3.2 and 11 of this Lease and Article 13 of this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.. 702009.06/WLA -31- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.]

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 interferenceLease, and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related relates to (A) the nonfunctioning of any Building System the heat, ventilation, and air conditioning system in the Premises, the electricity or utility service to gas in 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 five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”)Notice, Tenant may deliver an additional notice to Landlord (the “"Additional Abatement Notice”"), specifying such Abatement Event and Tenant’s 's intention to xxxxx 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 Abatement 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 (Premises. If any Abatement Event also affects the Food and Beverage Space, Landlord shall use reasonable efforts to make alternative food service available to Tenant, such as by providing access to food trucks or as to all of the Premises, if the portion which is untenantable materially impairs Tenant’s ability to conduct business from the Premises)cafeterias in other Phases. Such right to xxxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

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 interferenceLease, and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and Tenant (iii) except to the extent such failure related to (A) the nonfunctioning of any Building System or utility service is due to the Premises, or (B) failure of a failure utility company to provide access electrical power to the PremisesBuilding), Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within five (5) business days after the receipt of the Initial Abatement Notice (or within five (5) days after the date Landlord otherwise had actual knowledge of such Abatement Event as reasonably demonstrated by Tenant) or if such Abatement Event lasts for ten (10) business days in the aggregate after Landlord’s receipt of any such notice in any twelve (12) month period (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 five (5) 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 from the date five (5) business days after the Initial Notice to commencement of such Abatement Event until the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises; provided that if the entire Premises has not been rendered untenantable and unusable by the Abatement Event, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises (or as which shall be based on a ratio of the square feet of rentable area rendered untenantable and unusable to all of the rentable area leased by Tenant) so rendered untenantable and unusable and not used by Tenant. Notwithstanding the foregoing, in the event there is a disruption of services to the Premises, if the portion which is untenantable materially impairs Tenant’s ability Landlord agrees to conduct business from the Premises)promptly use commercially reasonable efforts to resolve such failure of such services. Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity right to xxxxx Rent as the result of an Abatement Event, but shall not otherwise limit Tenant’s remedies for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If (i) Landlord fails to perform the obligations provide services required of Landlord under the TCCs of this Lease Sections 7.2 or to otherwise perform an act required by Landlord to avoid such interference22 below, and (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by TenantTenant actually ceases to use all or a material portion of the Premises, and (iii) such failure related is not the result of a Force Majeure event and is reasonably within Landlord's ability to cure, and (Aiv) such failure is not the nonfunctioning result of any Building System the acts and/or omissions of Tenant and/or its agents, contractors, employees, licensees or utility service invitees, then in order to be entitled to receive the Premises, or (B) a failure to provide access to the Premisesbenefits of this Section 6.6, Tenant shall must give Landlord written notice (the “"Initial Notice”"), specifying such failure to perform by Landlord (the “"Abatement Event”"). If Landlord has not cured commenced to cure such Abatement Event within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”)and is not otherwise excused from such performance by this Lease, then prior to any abatement, Tenant may must deliver an additional written notice to Landlord (the “"Additional Notice”"), specifying such Abatement Event and Tenant’s Txxxxx's intention to xxxxx axxxx the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within five (5) business days of receipt of the Additional NoticeNotice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately xxxxx axxxx Base Rent and Txxxxx's Share of Operating Expenses, Tax Expenses and Utilities Costs payable under this Lease for that portion of the Premises rendered untenantable and not actually 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 Premises. If Tenant fails to all immediately provide the Additional Notice and commence applying any abatement of Base Rent and Txxxxx's Share of Operating Expenses, Tax Expenses and Utilities Costs payable under this Lease for that portion of the PremisesPremises rendered untenantable and not actually used by Tenant, if the portion which is untenantable materially impairs Tenant’s ability to conduct business from the Premises). Such then Txxxxx's right to xxxxx axxxx Base Rent and Txxxxx's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be Tenant’s sole and exclusive remedy at law of no further force or in equity for an effect with respect to the applicable Abatement Event. Except as provided in this Section 6.46.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If 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 fails failed to perform perform, after the obligations 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 under 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 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 presence of any Building System or utility service 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 Premisesextent 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 (B) a failure to provide access including the Project parking areas to the Premises, Tenant shall give Landlord notice extent reasonable replacement spaces are not provided) (the “Initial Notice”any such set of circumstances as set forth in items (i) through (iii), specifying such failure above, to perform by Landlord (the be known as an “Abatement Event”). If , then Tenant shall give Landlord has not cured Notice of such Abatement Event, and if such Abatement Event within five continues for four (54) consecutive business days after the Landlord’s receipt of the Initial any such Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”)then, specifying as Tenant’s sole remedy vis-à-vis such Abatement Event Event, the Base Rent and Tenant’s intention 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 xxxxx the payment of Rent under this Lease. If Landlord be so prevented from using, and does not cure such Abatement Event within five (5) business days of receipt use, the Premises, or a portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used by Tenantuse (“Unusable Area”), for the period beginning on the date five (5) business days after the Initial Notice bears to the earlier total rentable area of the date Landlord cures such Premises. Notwithstanding the foregoing, in the event that, as a result of an Abatement Event or 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 date Tenant recommences Premises for a period of time in excess of the use of such Eligibility Period, and the remaining portion of the Premises (or as is not sufficient to all 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 PremisesEligibility Period during which Tenant is so prevented (again, if the portion which is untenantable materially impairs from an objective, office tenant perspective) from effectively conducting its business therein, or (B) Tenant’s ability server and other essential computer equipment is rendered unusable for a period in excess of the Eligibility Period, and Tenant ceases to conduct its business from the Premises as a result thereof, then for such time after expiration of the Eligibility Period during which Tenant’s server and other essential computer equipment remain unusable and Tenant has ceased to conduct its business from the Premises). Such right to xxxxx , the Base Rent and Tenant’s Share of Direct Expenses for the entire Premises shall be Tenant’s sole abated. Landlord and exclusive remedy at law or Tenant hereby acknowledge that, in equity for an Abatement Event. Except as provided addition to the abatement rights set forth in this Section 6.4, nothing contained herein shall be interpreted Tenant’s abatement rights following an event of damage and destruction or condemnation as provided pursuant to mean that Tenant is excused from paying Rent due hereunderthe TCCs of Articles 11 and 13 of this Lease.

Abatement Event. If (i) Landlord fails to perform In the obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interferenceevent that Tenant is prevented from using, and (ii) such failure causes all or a portion of does not use, the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning or any portion thereof as a result of any Building System or utility service to the Premises, or (B) a failure to provide essential services, or access to the PremisesPremises as expressly required by this Lease to be provided by Landlord (and provided that such services or access are within the control of Landlord to provide) or due to the presence of hazardous substances not brought onto the Premises by Tenant or any “Tenant Parties,” as that term is defined in Section 10.1, below (an “Abatement Event”), then Tenant shall give Landlord notice (the “Initial Notice”), specifying of such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within continues for five (5) consecutive business days after the Landlord’s receipt of the Initial Notice any such notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (then the “Additional Notice”)Base Rent, specifying such Abatement Event and Tenant’s intention Share of Direct Expenses and all parking charges shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to xxxxx be so prevented from using, and does not use the payment Premises (and/or the parking spaces) or a portion thereof, in the proportion that the portion of Rent the Premises (and/or the parking spaces) that Tenant is prevented from using, and does not use, bears to the total rentable square footage of the Premises (or, with respect to the parking spaces, the parking charges shall be reduced by the amount due on a daily basis for each parking space that Tenant is prevented from using, and does not use, as a result of the Abatement Event); provided, however, if the portion of the Premises available for use is inadequate for the conduct of Tenant’s business and Tenant does not use such portion, then Tenant shall be entitled to a total abatement of the Base Rent, Tenant’s Share of Direct Expenses and the parking charges due under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Additional NoticeIf, however, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that reoccupies any portion of the Premises rendered untenantable and not used by Tenantduring such period (or uses any parking spaces), for the period beginning Rent allocable to such reoccupied portion (or parking charge allocable to such parking space(s)), based on the date five (5) business days after proportion that the Initial Notice rentable area of such reoccupied portion of the Premises bears to the earlier total rentable area of the date Landlord cures such Abatement Event Premises (or based upon the monthly parking charges applicable to the parking spaces used), shall be payable by Tenant from the date Tenant recommences the use of reoccupies such portion of the Premises (or uses the parking spaces). To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then the terms of such Article 11 or 13, as to all of the Premisescase may be, if the portion which is untenantable materially impairs shall govern Tenant’s ability right to conduct business from xxxxx Rent and the Premises)terms of this Section 6.7 shall not be applicable thereto. Such right to xxxxx Rent Base Rent, Tenant’s Share of Direct Expenses and parking charges shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.46.7, nothing contained herein in this Section 6.7 shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If In the event that (i) Tenant is prevented from using, and actually does not use, a material portion of the Premises as a result of either (x) any failure by Landlord fails to perform provide services to the obligations Premises as required of Landlord under the TCCs by Section 6.1 of this Lease or to otherwise perform an act required (y) a failure by Landlord to avoid such interferencemaintain the Project or Common Areas pursuant to Section 7 of this Lease, and (ii) such failure causes all or a portion is within the reasonable control of the Premises Landlord to be untenantable and unusable by Tenantcure, and (iii) such failure related to is not the result of the acts and/or omissions of Tenant and/or other "Tenant Parties," as such term is defined in Section 10.1, below (A) the nonfunctioning of any Building System or utility service to the Premisesan "Abatement Event" "), or (B) a failure to provide access to the Premises, then Tenant shall give Landlord notice (the “Initial Notice”), specifying of such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within continues for five (5) consecutive business days after the Landlord's receipt of the Initial Notice any such notice (the “"Eligibility Period”"), Tenant may deliver an additional notice to Landlord (then the “Additional Notice”), specifying such Abatement Event Base Rent and Tenant’s intention '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 xxxxx the payment of Rent under this Lease. If Landlord be so prevented from using, and does not cure such Abatement Event within five (5) business days of receipt use, the Premises or a portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used by 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 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 period beginning entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the date five (5) business days after proportion that the Initial Notice rentable area of such reoccupied portion of the Premises bears to the earlier total rentable area of the date Landlord cures such Abatement Event or Premises, shall be payable by Tenant from the date Tenant recommences the use of reoccupies 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 Base Rent and Tenant's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of Landlord’s failure to perform repairs required under this Lease or any failure to provide services or access to the Premises, where (i) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion thereof, and (ii) such failure causes all event is not caused by the negligence or a portion willful misconduct of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning of any Building System its agents, employees or utility service to the Premises, or (B) a failure to provide access to the Premises, contractors. Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying ) of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within five (5) business days after the receipt of the Initial Notice (continues beyond the “Eligibility Period”” (as that term is defined below), Tenant may deliver an additional notice to Landlord (then the “Additional Notice”), specifying such Abatement Event Basic Rental and Tenant’s intention Proportionate Share of Direct Costs shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to xxxxx the payment of Rent under this Lease. If Landlord be so prevented from using, and does not cure such Abatement Event within five (5) business days of receipt use, the Premises or a portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used by 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 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 Basic Rental and Tenant, ’s Proportionate Share of Direct Costs for the period beginning entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant’s Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the date five (5) business days after proportion that the Initial Notice rentable area of such reoccupied portion of the Premises bears to the earlier total rentable area of the date Landlord cures such Abatement Event or Premises, shall be payable by Tenant from the date Tenant recommences the use of reoccupies such portion of the Premises Premises. The term “Eligibility Period” shall mean a period of three (or as to all 3) consecutive business days after Landlord’s receipt of any Abatement Notice(s); provided, however, it Landlord has actual acknowledge of the PremisesAbatement Event, if the portion which is untenantable materially impairs Tenant’s ability to conduct business three (3) consecutive day period shall run from the Premises)date of such actual knowledge instead as provided by Tenant in an Abatement Notice. Such right to xxxxx Rent Basic Rental and Tenant’s Proportionate Share of Direct Costs shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided If a fire or other casualty results in Tenant’s inability to use the Premises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder11(h).

Abatement Event. If 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) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion 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 causes all or a portion of is caused by (a) an Alternate Service Provider for the Premises to be untenantable and unusable by Tenant, and (iii) where such failure related to would generally not have occurred had Tenant utilized the Electric Service Provider (Aor its successor), or (b) the nonfunctioning of any Building System or utility an Alternate Service Provider for service to the Premises, or (B) a failure 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, 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 (the “Initial Notice”), specifying "ABATEMENT NOTICE") of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within 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, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after the Landlord's receipt of any Abatement Notice(s). If the Initial Notice Abatement Event is caused by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the “Eligibility Period”)Abatement described in this Section 6.8 shall not apply; however, Tenant may deliver an additional notice to Landlord (the “Additional Notice”)seek recovery from its business interruption insurance. Except as provided in Article 11 and Article 13, 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 five (5) 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 Base Rent and Tenant's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If In the event that 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 fails failed to perform perform, after the obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act Commencement Date and required by Landlord to avoid such interferencethis Lease, and (ii) such failure causes all or a portion which substantially interferes with Tenant’s use 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 (Bii) a any failure of Landlord to provide services, utilities or access to the PremisesPremises as required by this Lease, Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within five (5) 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 five (5) business days of after receipt of the Additional Abatement 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 Abatement Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the full use of such portion of the Premises. Furthermore, 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 five (or 5) business days 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 five (5) business day 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 all be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, if the portion which is untenantable materially impairs Tenant’s ability to conduct business shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises). Such right to xxxxx Rent for an Abatement Event as set forth in this Section 6.4, shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Eventto xxxxx Rent. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If 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) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion 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 causes all or a portion of is caused by (a) an Alternate Service Provider for the Premises to be untenantable and unusable by Tenant, and (iii) where such failure related to would generally not have occurred had Tenant utilized the Electric Service Provider (Aor its successor), or (b) the nonfunctioning of any Building System or utility an Alternate Service Provider for service to the Premises, or (B) a failure 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, 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 (the “Initial Notice”), specifying "ABATEMENT NOTICE") of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within 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, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after the Landlord's receipt of any Abatement Notice(s). If the Initial Notice Abatement Event is caused by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the “Eligibility Period”)Abatement described in this Section 6.8 shall not apply; however, Tenant may deliver an additional notice to Landlord (the “Additional Notice”)seek recovery from its business interruption insurance. Except as provided in Article 11 and Article 13, 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 five (5) 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 Base Rent and Tenant's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Abatement Event. If 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) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion thereof, and (ii) such failure causes all event is not caused by the negligence or a portion willful misconduct of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning of any Building System its agents, employees or utility service to the Premises, or (B) a failure to provide access to the Premises, contractors. Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying ) of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within continues beyond the “Eligibility Period” (as that term is defined below), then the Basic Rental and Tenant’s Proportionate Share of Direct Costs and Tenant’s obligation to pay for parking 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; 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 Basic Rental and Tenant’s Proportionate Share of Direct Costs and Tenant’s obligation to pay for parking 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. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant’s Proportionate Share of Direct Costs and Tenant’s obligation to pay for parking allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term “Eligibility Period” shall mean a period of five (5) consecutive business days after the Landlord’s receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such any Abatement Event and Tenant’s intention to xxxxx 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 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 PremisesNotice(s). Such right to xxxxx Rent Basic Rental and Tenant’s Proportionate Share of Direct Costs and Tenant’s obligation to pay for parking shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided If a fire or other casualty results in Tenant’s inability to use the Premises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder11(i).

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 interferenceLease, and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related relates to (A) the nonfunctioning of any Building System or utility 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”"); provided, however, given Landlord's obligation under Article 7, as part of its maintenance and repair obligations with regard to Building systems, the parties agree that it will be a rebuttable presumption (barring reasonably conclusive evidence to the contrary) that any failure to provide heat, ventilation and air conditioning to the Premises HVAC distribution system, to provide electricity to the point of entry to the Premises, and/or elevator service between the Building lobby and the floors of the Building on which the Premises are located, will be the result of a Landlord failure under sub-item (i) hereinabove. If Landlord has not cured such Abatement Event within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”)Notice, Tenant may deliver an additional notice to Landlord (the “"Additional Notice”"), specifying such Abatement Event and Tenant’s 's intention to xxxxx 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 xxxxx Rent payable ./ -/// -25- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] 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 's sole and exclusive remedy at law or in equity for an Abatement EventEvent (as opposed to (x) any damage to the property or injury to persons as addressed by Section 10.1 of this Lease, or (y) any insured claims otherwise available to Tenant in accordance with Article 10 of this Lease). Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If (i) Landlord fails to perform In the obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interferenceevent Tenant is prevented from using, and (ii) such failure causes all does not use, the Demised Premises or any portion thereof, as a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning result of any Building System disruption, failure, lack or shortage of any such service or utility service listed herein due to the Premisesany cause whatsoever (an “Abatement Event”), or (B) a failure to provide access to the Premises, then Tenant shall give Landlord notice (the “Initial Notice”), specifying of such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within continues uninterrupted for five (5) consecutive business days after the receipt of the Initial Notice Tenant gives any such notice as provided in this Section 7.02 (the “Eligibility Period”), then Tenant may deliver shall be entitled to an additional notice abatement of Base Rent after the expiration of the Eligibility Period for such period that Tenant continues to Landlord (the “Additional Notice”)be so prevented from using, 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 five (5) business days of receipt use, the Demised Premises or a portion thereof, in the proportion that the rentable area of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Demised Premises rendered untenantable that Tenant is prevented from using, and does not used by Tenantuse, for the period beginning on the date five (5) business days after the Initial Notice bears to the earlier total rentable area of the date Landlord cures such Abatement Event or the date Demised Premises; provided, however, that if Tenant recommences the use of such is prevented from using, and does not use, a portion of the Demised Premises (or as to all for a period of time in excess of the PremisesEligibility Period and the remaining portion of the Demised Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if the portion which is untenantable materially impairs Tenant’s ability to 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 for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Demised Premises). Such right to xxxxx Base Rent shall be Tenant’s sole and exclusive remedy at law or in equity for as a result of an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that To the extent Tenant is excused from paying Rent due hereunder.entitled to abatement without regard to the Eligibility Period because of an event described in Articles 10 or 11 below, then the Eligibility Period shall not be applicable..

Abatement Event. If 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 by Landlord to provide essential services or access to the Premises, where (i) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion thereof, and (ii) such failure causes all event is not caused by the negligence or a portion willful misconduct of Tenant or any 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 Parties. Tenant shall give Landlord notice (the “Initial "Abatement Notice”), specifying ") of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within five continues beyond the "Eligibility Period" (5as that term is defined below), then Base Rent, all Additional Rent (including Tenant's Percentage of Operating Expenses) business days shall be abated entirely or reduced, as the case may be, after the receipt expiration of the Initial Notice (the “Eligibility Period”)Period for such time that Tenant continues to be so prevented from using, 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 five (5) business days of receipt use the Premises or a portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used use, bears to the total rentable square footage of the Premises leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of such Premises for a period of time in excess of the Eligibility Period, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, Base Rent, all Additional Rent (including Tenant's Percentage of Operating Expenses) for the period beginning entire portion of the Premises located within such Building shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, such portion of the Premises located within such Building. If, however, Tenant reoccupies any portion of the Premises located within such Building during such period, the Base Rent, all Additional Rent (including Tenant's Percentage of Operating Expenses) allocable to such reoccupied portion, based on the date five (5) business days after proportion that the Initial Notice to the earlier rentable area of the date Landlord cures such Abatement Event or the date Tenant recommences the use reoccupied portion of such portion of the Premises (or as located within such Building bears to all the total rentable area of such Building, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises, if the portion which is untenantable materially impairs Tenant’s ability to conduct . The term "Eligibility Period" shall mean a period of five (5) consecutive business from the Premisesdays after Landlord's receipt of any Abatement Notice(s). Such Except as provided in Articles 13 and 14, such right to xxxxx Base Rent, all Additional Rent (including Tenant's Percentage of Operating Expenses) shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If (i) (a) Landlord fails to perform the obligations provide any services required of Landlord under Section 6.1 above or perform any of Landlord's Repair Obligations required under Article 7 below, or prevents Tenant from having access to the TCCs Premises or the portions of this Lease the Building reasonably necessary to have normal access to the Premises (for example, elevators) except as a necessary consequence of any Casualty, in which event the terms of Article 11 above will control, or (b) Hazardous Materials are present in the Premises or the portions of the Building necessary for access to otherwise perform an act required the Premises and such presence in the Building prevents Tenant from having reasonable access to the Premises, provided in either case that such Hazardous Materials were not brought into the Building or the Premises, exposed, or exacerbated by Landlord to avoid such interferenceTenant or Tenant Parties, and (ii) such failure causes all or a material portion of the Premises to be untenantable and inaccessible or unusable by TenantTenant and Tenant actually ceases to use all or such material portion of the Premises, and (iii) such failure related is not the result of the acts and/or omissions of Tenant and/or other Tenant Parties, then in order to (A) be entitled to receive the nonfunctioning benefits of any Building System or utility service to the Premises, or (B) a failure to provide access to the Premisesthis Section 19.5.2, Tenant shall must give Landlord notice (the “"Initial Abatement Notice”"), specifying such failure to perform by Landlord (the “"Abatement Event”"); an Initial Abatement Notice may be delivered by electronic mail or by hand to Landlord's property management office at the Building for the purposes of establishing delivery so long as concurrently Tenant sends duplicate Initial Abatement Notices to the addresses for notice to Landlord set forth herein in the manner otherwise required by this Lease. If Landlord has not cured commenced to cure such Abatement Event within five three (53) business days after the receipt of the Initial Abatement Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying and is not otherwise expressly excused from such Abatement Event and Tenant’s intention to xxxxx the payment of Rent under performance by 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 (similarly delivered to Landlord's property management address), immediately xxxxx Rent Base Rent, Tenant's Share of Direct Expenses and parking charges payable under this Lease for that portion of the Premises so rendered untenantable inaccessible or unusable and not actually used by TenantTenant (which may include the entire Premises if 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), for the period beginning on the date five immediately following the expiration of the three (53) business days after the Initial Notice day period described above and continuing to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Notwithstanding the foregoing, if Tenant provides an Initial Abatement Notice for an Abatement Event that was cured by Landlord, but which recurs within twelve (12) months of such cure and, as a result of such particular Abatement Event all or a material portion of the Premises is inaccessible or unusable (and not actually used) by Tenant for more than ten (10) days in such twelve (12) month period, then Tenant may provide an additional abatement notice ("Recurring Abatement Notice") specifying such recurrence, and if Landlord has not commenced to cure such Abatement Event within two (2) business days after the receipt of the such Recurring Abatement Notice and is not otherwise excused from such performance by this Lease, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent, Xxxxxx's Share of Direct Expenses and parking charges payable under this Lease for that portion of the Premises rendered untenantable and not actually used by Tenant (which may include the entire Premises if 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), for the period beginning on the date of Tenant's delivery of the Recurring Abatement Notice and continuing to the earlier of the date Landlord cures such Abatement Event or as to all the date Tenant recommences the use of such portion 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 Xxxx shall be Tenant’s Xxxxxx's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided ; provided, however, that nothing in this Section 6.419.5.2, nothing contained herein shall impair Tenant's rights under Sections 7.3 and 19.5.1, above. In the event that Xxxxxx is entitled to an abatement of Rent during any of the abatement periods described in Section 4 of the Summary of Xxxxx Xxxxx, then the scheduled abatement of Rent as described in said Section 4 will be interpreted suspended until the expiration of any abatement of Xxxx described in this Section 19.5.2, provided that any such reinstatement of Tenant’s Section 4 abatement rights will be calculated at the Rent rates which would have been applicable to mean that Tenant is excused from paying Rent due hereunderthe originally scheduled abatement period(s).

Abatement Event. If In the event of any interruption or failure of any service or utility to the Premises (that Landlord is obligated to provide pursuant to this Lease) that (i) Landlord fails to perform is caused by the obligations required active negligence or willful misconduct of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interferenceits agents, and employees or contractors, (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by TenantTenant actually ceases to use all or a material portion of the Premises, and (iii) such failure related is not the result of the acts and/or omissions of Tenant and/or other Tenant Parties, then in order to (A) be entitled to receive the nonfunctioning benefits of any Building System or utility service this Section 6.4, then in order to be entitled to receive the Premises, or (B) a failure to provide access to the Premisesbenefits of this Section 6.4, Tenant shall must give Landlord notice (the “Initial Abatement Notice”), specifying such failure to perform by Landlord or interruption of services (the “Abatement Event”). If Landlord has not cured such Abatement Event within five (5) 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 five (5) business days of receipt of the Additional Abatement Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent and Tenant’s Share of Direct Expenses payable under this Lease for that portion of the Premises rendered untenantable and not actually used by Tenant, for the period beginning on the date five (5) business days after the Initial Abatement 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 Premises. If Tenant fails to all immediately provide the Abatement Notice and commence applying any abatement of Base Rent and Tenant’s Share of Direct Expenses payable under this Lease for that portion of the PremisesPremises rendered untenantable and not actually used by Tenant, if the portion which is untenantable materially impairs then Tenant’s ability right to conduct business from xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be of no further force or effect with respect to the Premises)applicable Abatement Event. 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 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If 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) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion thereof, and (ii) such failure causes all event is not caused by the negligence or a portion willful misconduct of the Premises to be untenantable and unusable by Tenant, and its agents, employees or contractors (iii) such failure related to (A) the nonfunctioning of any Building System or utility service except to the Premisesextent such event is covered by Landlord’s rent loss insurance, or (B) a failure to provide access to the Premises, such event shall be deemed an Abatement Event). Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying ) of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within five (5) business days after the receipt of the Initial Notice (continues beyond the “Eligibility Period”” (as that term is defined below), Tenant may deliver an additional notice to Landlord (then the “Additional Notice”), specifying such Abatement Event Basic Rental and Tenant’s intention Proportionate Share of Direct Costs shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to xxxxx the payment of Rent under this Lease. If Landlord be so prevented from using, and does not cure such Abatement Event within five (5) business days of receipt use, the Premises or a portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used by Tenantuse, for the period beginning on the date five (5) business days after the Initial Notice bears to the earlier total rentable area of the date Landlord cures such Abatement Event or Premises; provided, however, in the date event that Tenant recommences the use of such is prevented from using, and does not use, a portion of the Premises (or as to all for a period of time in excess of the PremisesEligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if the portion which is untenantable materially impairs Tenant’s ability to Tenant does not conduct its business from the Premises). Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity such remaining portion, then for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.such time after expiration of the

Abatement Event. If 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) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion 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 causes all or a portion of is caused by (a) an Alternate Service Provider for the Premises to be untenantable and unusable by Tenant, and (iii) where such failure related to would generally not have occurred had Tenant utilized the Electric Service Provider (Aor its successor), or (b) the nonfunctioning of any Building System or utility an Alternate Service Provider for service to the Premises, or (B) a failure 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, 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 (the “Initial Notice”), specifying "ABATEMENT NOTICE") of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within five continues beyond the "Eligibility Period" (5) business days 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 the receipt expiration of the Initial Notice (the “Eligibility Period”)Period for such time that Tenant continues to be so prevented from using, 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 five (5) business days of receipt use, the Premises or a portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used by Tenantuse, for the period beginning on the date five (5) business days after the Initial Notice bears to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion total rentable area of the Premises (or as to all of leased by Tenant; provided, however, in 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 provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Abatement Event. If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease 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 Tenant (iii) except to the extent such failure related to (A) the nonfunctioning of any Building System or utility service is due to the Premises, or (B) failure of a failure utility company to provide access electrical power to the PremisesBuilding), Tenant shall give Landlord notice (the “Initial "Abatement Notice”"), specifying such failure to perform by Landlord (the “"Abatement Event”"). If Landlord has not cured such Abatement Event within five (5) business days after the receipt of the Initial Abatement 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 or within five (5) business days after the date Landlord otherwise had actual knowledge of receipt of the Additional Noticesuch Abatement Event as reasonably demonstrated by Tenant), Tenant may, upon written notice to Landlord, may 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 from the date five (5) business days after the Initial Notice to commencement of such Abatement Event until the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises; provided that if the entire Premises has not been rendered untenantable and unusable by the Abatement Event, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises (or as which shall be based on a ratio of the square feet of rentable area rendered untenantable and unusable to all of the rentable area leased by Tenant) so rendered untenantable and unusable and not used by Tenant. Notwithstanding the foregoing, in the event there is a disruption of services to the Premises, if the portion which is untenantable materially impairs Tenant’s ability Landlord agrees to conduct business from the Premises)promptly use commercially reasonable efforts to resolve such failure of such services. Such right to xxxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity right to xxxxx Rent as the result of an Abatement Event, but shall not otherwise limit Tenant's remedies for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

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 interferenceLease, and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related relates to (A) the nonfunctioning of any Building System or utility the HVAC 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 PremisesPremises (the "Abatement Event"), Tenant shall give Landlord notice (the “Initial "Abatement Notice”"), specifying such failure to perform by Landlord (the “Abatement Event”)Landlord. If Landlord has not cured such Abatement Event within five (5) business days after the receipt of the Initial Abatement 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 or within five (5) business days after the date Landlord otherwise had actual knowledge of receipt of such Abatement Event as reasonably demonstrated by Tenant) (the Additional Notice"Eligibility Period"), Tenant may, upon written notice to Landlord, may 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 from the date five (5) business days after the Initial Notice to commencement of such Abatement Event until the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises; provided that if the entire Premises has not been rendered untenantable and unusable by the Abatement Event, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises (or as which shall be based on a ratio of the square feet of rentable area rendered untenantable and unusable to all of the rentable area leased by Tenant) so rendered untenantable and unusable and not used by Tenant. Notwithstanding the foregoing, in the event there is a disruption of services to the Premises, if the portion which is untenantable materially impairs Tenant’s ability Landlord agrees to conduct business from the Premises)promptly use commercially reasonable efforts to resolve such failure of such services. Such right to xxxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If (i) Landlord fails to perform the obligations provide any services required of Landlord under the TCCs Section 6.1 above or perform any of this Lease or to otherwise perform an act Landlord's Repair Obligations required by Landlord to avoid such interferenceunder Article 7 below, and (ii) such failure causes all or a material portion of the Premises to be untenantable and unusable by TenantTenant and Tenant actually ceases to use all or such material portion of the Premises, and (iii) such failure related is the result of the negligence or willful misconduct of Landlord and is reasonably within Landlord's ability to cure, and (Aiv) such failure is not the nonfunctioning result of any Building System or utility service the acts and/or omissions of Tenant and/or other Tenant Parties (as defined herein), then in order to be entitled to receive the Premises, or (B) a failure to provide access to the Premisesbenefits of this Section 6.5, Tenant shall must give Landlord notice (the “"Initial Abatement Notice”"), specifying such failure to perform by Landlord (the “"Abatement Event”"). If Landlord has not cured commenced to cure such Abatement Event within five (5) business days after the receipt of the Initial Abatement Notice (the “Eligibility Period”)and is not otherwise excused from such performance by this Lease, then prior to any abatement, Tenant may must deliver an additional notice to Landlord (the “"Additional Abatement Notice”"), specifying such Abatement Event and Tenant’s 's intention to xxxxx the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within five (5) business days of receipt of the Additional NoticeAbatement Notice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent and Tenant's Share of Direct Expenses payable under this Lease for that portion of the Premises rendered untenantable and not actually used by Tenant, for the period beginning on the date five (5) business days after the Initial Abatement 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 Premises. If Tenant fails to all immediately provide the Additional Abatement Notice and commence applying any abatement of Base Rent and Tenant's Share of Direct Expenses payable under this Lease for that portion of the PremisesPremises rendered untenantable and not actually used by Tenant, if then Tenant's right to xxxxx Base Rent and Tenant's Share of Direct Expenses shall be of no further force or effect with respect to the portion which is untenantable materially impairs Tenant’s ability to conduct business from the Premises)applicable Abatement Event. Such right to xxxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.46.5, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.. XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn

Abatement Event. If (i) Landlord fails to perform the obligations provide services required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interferenceSections 6.1 and/or 6.5 above, and (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by TenantTenant actually ceases to use all or a material portion of the Premises, and (iii) such failure related is not the result of a Force Majeure event and is reasonably within Landlord's ability to cure, and (Aiv) such failure is not the nonfunctioning result of any Building System the acts and/or omissions of Tenant and/or its agents, contractors, employees, licensees or utility service invitees, then in order to be entitled to receive the Premises, or (B) a failure to provide access to the Premisesbenefits of this Section 6.6, Tenant shall must give Landlord notice (the “"Initial Notice”"), specifying such failure to perform by Landlord (the “"Abatement Event”"). If Landlord has not cured commenced to cure such Abatement Event within five three (53) business days after the receipt of the Initial Notice (the “Eligibility Period”)and is not otherwise excused from such performance by this Lease, then prior to any abatement, Tenant may must deliver an additional written notice to Landlord (the “"Additional Notice”"), specifying such Abatement Event and Tenant’s 's intention to xxxxx the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within five three (53) business days of receipt of the Additional NoticeNotice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent and Tenant's Share of Operating Expenses and Tax Expenses payable under this Lease for that portion of the Premises rendered untenantable and not actually used by Tenant, for the period beginning on the date five that is three (53) 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 Premises. If Tenant fails to all immediately provide the Additional Notice and commence applying any abatement of Base Rent and Tenant's Share of Operating Expenses and Tax Expenses payable under this Lease for that portion of the PremisesPremises rendered untenantable and not actually used by Tenant, if the portion which is untenantable materially impairs then Tenant’s ability to conduct business from the Premises). Such 's right to xxxxx Base Rent and Tenant's Share of Operating Expenses and Tax Expenses shall be Tenant’s sole and exclusive remedy at law of no further force or in equity for an effect with respect to the applicable Abatement Event. Except as provided in this Section 6.46.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If 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) Landlord fails to perform Tenant does not actually use the obligations required of Landlord under the TCCs of this Lease Premises or to otherwise perform an act required by Landlord to avoid such interferenceportion thereof, and (ii) such failure causes all event is not caused by the negligence or a portion willful misconduct of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning of any Building System its agents, employees or utility service to the Premises, or (B) a failure to provide access to the Premises, contractors. Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying ) of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within five (5) business days after the receipt of the Initial Notice (continues beyond the “Eligibility Period”” (as that term is defined below), Tenant may deliver an additional notice to Landlord (then the “Additional Notice”), specifying such Abatement Event Basic Rental and Tenant’s intention Proportionate Share of Direct Costs and Tenant’s obligation to xxxxx pay for parking shall be abated entirely or reduced, as the payment case may be, after expiration of Rent under this Lease. If Landlord the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not cure such Abatement Event within five (5) business days of receipt use, the Premises or a portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used by Tenantuse, for the period beginning on the date five (5) business days after the Initial Notice bears to the earlier total rentable area of the date Landlord cures such Abatement Event or Premises; provided, however, in the date event that Tenant recommences the use of such is prevented from using, and does not use, a portion of the Premises (or as to all for a period of time in excess of the PremisesEligibility 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 portion Eligibility Period during which Tenant is untenantable materially impairs so prevented from effectively conducting its business therein, the Basic Rental and Tenant’s ability Proportionate Share of Direct Costs and Tenant’s obligation to conduct business pay for parking 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). 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 6.4If, nothing contained herein shall be interpreted to mean that however, Tenant is excused from paying Rent due hereunder.reoccupies any portion of the Premises during such period, the Basic Rental

Abatement Event. If 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) 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 interferenceevent is within Landlord’s reasonable control, and (ii) such failure causes all or a portion of Tenant does not actually use the Premises to be untenantable and unusable by Tenantor such portion thereof, and (iii) such failure related to (A) event is not caused by the nonfunctioning negligence or willful misconduct of any Building System Tenant, its agents, employees or utility service to the Premises, or (B) a failure to provide access to the Premises, contractors. Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying ) of any such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured , and if such Abatement Event within five (5) business days after the receipt of the Initial Notice (continues beyond the “Eligibility Period”” (as that term is defined below), then Base Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant may deliver an additional notice continues (as a result of the Abatement Event) to Landlord (the “Additional Notice”)be so prevented from using, 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 five (5) business days of receipt use, the Premises or a substantial portion thereof, in the proportion that the rentable area 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 that Tenant is prevented from using, and does not used by Tenantuse, for bears to the total rentable area of the Premises. The term “Eligibility Period” shall mean a period beginning on the date five of seven (57) consecutive business days after the Initial Notice to the earlier Landlord’s receipt of the date Landlord cures such any 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 PremisesNotice(s). Such right to xxxxx axxxx Base Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided If a fire or other casualty results in Tenant’s inability to use the Premises or a portion thereof, the terms and conditions of Article 11 below shall apply rather than this Section 6.4. Notwithstanding the foregoing, nothing contained herein shall be interpreted to mean that however, in the event Tenant is excused entitled to recover Base Rent during an Abatement Event from paying Rent due hereunderTenant’s business interruption insurance or other insurance, then Tenant shall not be entitled any rent abatement, it being the intent and agreement of Tenant to first proceed against its insurance carrier for any such loss of use.

Abatement Event. If In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of any failure to provide services (i) Landlord fails including Landlord's failure to perform its repair or maintenance obligations pursuant to the obligations required of Landlord under the TCCs terms of this Lease Lease, or due to otherwise perform an act required any work performance by Landlord or its agents or contractors), utilities or access to avoid the Premises to the extent Landlord is obligated to provide same under this Lease (any such interferenceset of circumstances to be known as an "Abatement Event"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (ii5) consecutive Business Days after Landlord's receipt of any such failure causes all notice, (the "Eligibility Period"), then the Fixed Rent, Tax Payment, Operating Payment and Tenant's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after the 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; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure related to (A) the nonfunctioning for a period 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 five (5) business days after the receipt time in excess of the Initial Notice (Eligibility Period and 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 five (5) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that remaining portion of the Premises rendered untenantable is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not used by Tenantconduct 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 Fixed Rent, Tax Payment and Operating Payment for the period beginning entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises and Tenant's obligation to pay for parking shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the date five (5) business days after proportion that the Initial Notice rentable area of such reoccupied portion of the Premises bears to the earlier total rentable area of the date Landlord cures such Abatement Event or Premises, shall be payable by Tenant from the date Tenant recommences the use of reoccupies 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 axxxx Fixed Rent, Tax Payment and Operating Payment shall be Tenant’s 's sole and exclusive remedy at law or in equity for an Abatement Event. To the extent Tenant is entitled to abatement without regard to the Eligibility Period because of an event described in Section 11.3 or Article 12 of this Lease, then the Eligibility Period shall not be applicable. Except as provided in this Section 6.426.24, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. If In the event that Tenant is prevented, without taking extraordinary measures or incurring material expense, from using the Premises (ior any portion thereof) Landlord fails to perform for the obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interferencePermitted Use, and (ii) such failure causes all or a does not thereafter use, the affected portion of the Premises for the Permitted Use as a result of (i) any repair, maintenance, alteration, or remediation performed by Landlord, or which Landlord fails to be untenantable perform, after the Lease Commencement Date and unusable required by Tenantthe Lease, and (iiiii) such any failure related of Landlord to (A) provide, or any material restriction of, services to the nonfunctioning of any Building System or utility service Premises, utilities to the Premises, or (B) a failure to provide materially necessary access to the Premises, Common Areas, or Parking Facilities, in all events as required by this Lease, (iii) during any period of remediation, removal, abatement, or encapsulation of any hazardous materials required to be performed by Landlord pursuant to this Lease (such set of circumstances as set forth in items (i), (ii) and (iii), to be known as an “Abatement Event”), then Tenant shall give Landlord notice (the “Initial Notice”)of such Abatement Event, specifying such failure which notice may be provided by email to perform an email address or addresses designated by Landlord (the “Abatement Event”). If Landlord has not cured in written notice(s) delivered to Tenant from time to time, so long as notice is concurrently provided as required hereunder, by recognized overnight courier service for next day delivery, and if such Abatement Event within five continues for six (56) business days consecutive Business Days after the receipt of the Initial Notice any such notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord () and so long as the “Additional Notice”), specifying such Abatement Event is not due to Force Majeure, then the Base Rent and Tenant’s intention Additional Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to xxxxx be so prevented from using the payment of Rent under this Lease. If Landlord Premises (or any portion thereof) for the Permitted Use without taking extraordinary measures or incurring material expense, and does not cure such Abatement Event within five (5) business days of receipt use, the Premises or any portion thereof, for the Permitted Use, in the proportion that the rentable area 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, that Tenant is prevented from using for the period beginning on Permitted Use without taking extraordinary measures or incurring material expense, and does not use for the date five (5) business days after the Initial Notice Permitted Use, bears to the earlier total rentable area of the date Landlord cures Premises; provided, however, in the event that Tenant is prevented from using for the Permitted Use without taking extraordinary measures or incurring material expense, and does not use, a portion of the Premises for the Permitted Use 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 Abatement Event or remaining portion, then for such time after expiration of the date Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Additional Rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using for the Permitted Use, and does not use for the Permitted Use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period and recommences the use of such portion of the Premises (or as for the Permitted Use, the Rent allocable to all such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, if the portion which is untenantable materially impairs Tenant’s ability to conduct business shall be payable by Tenant from the date Tenant reoccupies    such portion of the Premises). Such Landlord shall use commercially reasonable efforts to minimize the duration of an Abatement Event within Landlord’s reasonable control, provided that in addition to such right to xxxxx axxxx Base Rent and Additional Rent, Tenant shall be Tenant’s sole and exclusive remedy at law have the right to commence appropriate legal proceedings (including, without limitation, an action for injunctive relief, but excluding any action or claim for damages) against Landlord in equity for connection with an Abatement EventEvent following expiration of the Eligibility Period. Except as provided in this Section 6.45.8, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. For purposes of this Section 5.8, a “material restriction” shall mean a restriction of services, utilities or access such that Tenant cannot reasonably use the Premises as permitted by this Lease.

Abatement Event. If In the event that Tenant is prevented, without taking extraordinary measures or incurring material expense, from using the Premises (ior any portion thereof) Landlord fails to perform for the obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interferencePermitted Use, and (ii) such failure causes all or a does not thereafter use, the affected portion of the Premises for Permitted Uses as a result of (i) any repair, maintenance, alteration, or remediation performed by Landlord, or which Landlord fails to be untenantable perform, after the Lease Commencement Date and unusable required by Tenantthe Lease, and (iiiii) such any failure related of Landlord to (A) provide, or any material restriction of, services to the nonfunctioning of any Building System or utility service Premises, utilities to the Premises, or materially necessary access to the Premises, Critical Common Areas, or Parking Garage, in all events as required by this Lease, (Biii) any Renovations, as that term is defined in Section 29.30 of this Lease, or (iv) during any period of remediation, removal, abatement, or encapsulation of any hazardous materials required to be performed by Landlord pursuant to this Lease (such set of circumstances as set forth in items (i), (ii) (iii), or (iv) above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, which notice may be provided by email to an email address or addresses designated by Landlord in written notice(s) delivered to Tenant from time to time, so long as notice is concurrently provided as required under Section 29.18 of this Lease, by recognized overnight courier service for next day delivery, and if such Abatement Event continues for three (3) consecutive business days (one (1) business days in the event of a failure to provide access to the Premises, Tenant shall give Landlord as required under Section 1.1.4.3 of this Lease) after any such notice (the “Initial Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (then the “Additional Notice”), specifying such Abatement Event Base Rent and Tenant’s intention 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 xxxxx be so prevented from using the payment of Rent under this Lease. If Landlord Premises (or any portion thereof) for the Permitted Use without taking extraordinary measures or incurring material expense, and does not cure such Abatement Event within five (5) business days of receipt use, the Premises or any portion thereof, for the Permitted Use, in the proportion that the rentable area 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, that Tenant is prevented from using for the period beginning on Permitted Use without taking extraordinary measures or incurring material expense, and does not use for the date five (5) business days after the Initial Notice Permitted Use, bears to the earlier total rentable area of the date Landlord cures Premises; provided, however, in the event that Tenant is prevented from using for the Permitted Use without taking extraordinary measures or incurring material expense, and does not use, a portion of the Premises for the Permitted Use 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 Abatement Event or remaining portion, then for such time after expiration of the date 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 for such time as Tenant continues to be so prevented from using for the Permitted Use, and does not use for the Permitted Use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period and recommences the use of such portion of the Premises (or as for the Permitted Use, the Rent allocable to all such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, if shall be payable by Tenant from the date Tenant reoccupies such portion which is untenantable materially impairs of the Premises. For the avoidance of doubt, the unavailability of all Office Elevators shall, subject to the terms of this Section 6.4, be deemed to be an Abatement Event giving rise to Tenant’s ability rights under this Section 6.4. Landlord shall use commercially reasonable efforts to conduct business from minimize the Premises). Such duration of an Abatement Event within Landlord’s reasonable control, provided that such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses and Tenant’s rights under Section 7.3, if and to the extent applicable, shall be Tenant’s sole and exclusive remedy remedies at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. For purposes of this Section 6.4, a “material restriction” shall mean a restriction of services, utilities or access such that Tenant cannot reasonably use the Premises as permitted by this Lease.

Abatement Event. If (i) Landlord fails to perform the obligations provide services required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such interferenceSection 6.1 above, and (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by TenantTenant actually ceases to use all or a material portion of the Premises, and (iii) such failure related is reasonably within Landlord’s ability to cure, and (Aiv) such failure is not the nonfunctioning result of any Building System or utility service the acts and/or omissions of Tenant and/or other Tenant Parties, then in order to be entitled to receive the Premises, or (B) a failure to provide access to the Premisesbenefits of this Section 6.4, Tenant shall must give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured commenced to cure such Abatement Event within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”)and is not otherwise excused from such performance by this Lease, then prior to any abatement, Tenant may must 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 commence to cure such Abatement Event within five (5) business days of receipt of the Additional NoticeNotice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent and Xxxxxx’s Share of Operating Expenses and Tenant’s Share of Tax Expenses payable under this Lease for that portion of the Premises rendered untenantable and not actually 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 Premises. If Tenant fails to all immediately provide the Additional Notice and commence applying any abatement of Base Rent and Xxxxxx’s Share of Operating Expenses and Tenant’s Share of Tax Expenses payable under this Lease for that portion of the PremisesPremises rendered untenantable and not actually used by Xxxxxx, if the portion which is untenantable materially impairs then Xxxxxx’s right to xxxxx Base Rent and Xxxxxx’s Share of Operating Expenses and Tenant’s ability Share of Tax Expenses shall be of no further force or effect with respect to conduct business from the Premises)applicable Abatement Event. Such right to xxxxx Rent Xxxx shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.