Common use of Abatement Event Clause in Contracts

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 2 contracts

Sources: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

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) Tenant does not actually use the Premises or such portion thereof in the manner in which it was used prior to the Abatement Event, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then, as Tenant's sole and exclusive remedy at law and in equity (other than in the case of Landlord's default, in which case Section 19(b) below shall apply) the Basic Rental and Tenant's 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 be so prevented from using, and does not use, the Premises or any a portion thereof, as a result in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using, maintenance or alteration performed by Landlordand does not use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under the TCCs of this Leaseevent that Tenant is prevented from using, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 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 three (3) 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. Such right 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 be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in apply rather than this Section 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder11(b).

Appears in 2 contracts

Sources: Lease (Cohu Inc), Agreement of Purchase and Sale (Cohu Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 2 contracts

Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this LeaseLease or to otherwise perform an act required by Landlord to avoid such interference, which 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 interferes with Tenant’s utility service to the Premises, or (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) 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 ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 2 contracts

Sources: Office Lease (SERVICE-NOW.COM), Office Lease (Volcano Corp)

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) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the 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 any a portion thereof, as a result in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using, maintenance or alteration performed by Landlordand does not use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under the TCCs of this Leaseevent that Tenant is prevented from using, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 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 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 three (3) 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. Such right to ▇▇▇▇▇ ▇▇▇▇ The term "ELIGIBILITY PERIOD" shall be Tenant’s sole and exclusive remedy at law or in equity for mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Event. Except as provided in this Section 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderNotice(s).

Appears in 2 contracts

Sources: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 2 contracts

Sources: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs terms and conditions of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured such Abatement Event within three five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 2 contracts

Sources: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this LeaseLease or to otherwise perform an act required by Landlord to avoid such interference, which 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 interferes with Tenant’s utility service to the Premises, or (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three two (32) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) 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 ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as otherwise provided in this Section 6.6Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 2 contracts

Sources: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Sublease Agreement (Acadia Pharmaceuticals Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) Landlord fails to provide any repair, maintenance services required of Landlord under Section 6.1 above or alteration performed by perform any of Landlord, or which Landlord failed to perform, after the Lease Commencement Date and 's Repair Obligations required by this Lease, which substantially interferes with Tenant’s use of the Premisesunder Article 7 below, (ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a material portion of the Premises to be untenantable and unusable by Tenant, Tenant and Tenant actually ceases to use all or interferes with Tenant’s access to such material portion of the Premises, and/or (iii) such failure is the presence of hazardous materials existing in the Premises or Project prior to the date of delivery result of the Premises negligence or willful misconduct of Landlord and is reasonably within Landlord's ability to Tenant cure, and thereafter, to (iv) such failure is not the extent such hazardous materials are brought on to the Premises or Project by any result of the Landlord acts and/or omissions of Tenant and/or other Tenant Parties (any such set of circumstances as set forth in items (i) through (iiidefined herein), above, then in order to be known as an entitled to receive the “Abatement Event”)benefits of this Section 6.5, Tenant shall must give Landlord notice (the "Initial Abatement Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured commenced to cure such Abatement Event within three five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within three five (35) 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 ▇▇▇▇▇ 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 three five (35) 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. If Tenant fails to 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 Premises rendered untenantable and not actually used by Tenant, then Tenant's right to ▇▇▇▇▇ Base Rent and Tenant's Share of Direct Expenses shall be of no further force or effect with respect to the applicable Abatement Event. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.5, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.. ▇▇▇▇▇▇ REALTY Del Mar Corporate Centre II [DermTech, Inc.] ▇▇▇▇-▇▇▇▇-▇▇▇▇.7 377185.00017/7-1-21/gjn/gjn

Appears in 1 contract

Sources: Office Lease (DermTech, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of If (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord (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 three five (35) 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 TenantT▇▇▇▇▇’s intention to a▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately a▇▇▇▇ R▇▇▇ payable ./ -/// -25- K▇▇▇▇▇ Rent payable R▇▇▇▇▇, 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 three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to a▇▇▇▇ R▇▇▇ shall be Tenant’s sole and exclusive remedy at law or in equity for a 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 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

Abatement Event. If In the event Tenant is prevented from using, and does not use, the Demised Premises or any portion thereof, as a result of (i) any repairdisruption, maintenance failure, lack or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use shortage of the Premises, (ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items service or utility listed herein due to any cause whatsoever (i) through (iii), above, to be known as an the “Abatement Event”), then Tenant shall give Landlord notice (the “Initial Notice”)of such Abatement Event, specifying such failure to perform by Landlord. If Landlord has not cured and if such Abatement Event within three continues uninterrupted for five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) 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 ▇▇▇▇▇ 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 three (3) 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 for a period of time in excess of the Eligibility Period and the remaining portion of the Demised 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 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 ▇▇▇▇▇ ▇▇▇▇ 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 6.6, 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..

Appears in 1 contract

Sources: Purchase and Sale Agreement (Dts, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) 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 intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Amplitude, Inc.)

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 failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) Landlord’s any failure to perform the obligations required of Landlord under the TCCs of this Leaseto provide services, which such failure causes all utilities or a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project as required 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”)this Lease, Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional NoticeAbatement Event”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of after receipt of the Additional Abatement Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) 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 (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 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, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ 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 a Abatement Eventto ▇▇▇▇▇ Rent. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Box Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”)Notice, Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Versartis, Inc.)

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) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Basic Rental and Tenant’s 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 be so prevented from using, and does not use, the Premises or any a portion thereof, as a result in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using, maintenance or alteration performed by Landlordand does not use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under the TCCs of this Leaseevent that Tenant is prevented from using, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 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 three (3) 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. The term “Eligibility Period” shall mean a period of three (3) consecutive business days after Landlord’s receipt of any Abatement Notice(s); provided, however, it Landlord has actual acknowledge of the Abatement Event, the three (3) consecutive day period shall run from the date of such actual knowledge instead as provided by Tenant in an Abatement Notice. Such right to ▇▇▇▇▇ ▇▇▇▇ Basic Rental and Tenant’s Proportionate Share of Direct Costs shall be Tenant’s sole and exclusive remedy at law or in equity for a 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 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder11(h).

Appears in 1 contract

Sources: Lease Agreement (Oncorus, Inc.)

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) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the 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 any a portion thereof, as a result in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using, maintenance or alteration performed by Landlordand does not use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under the TCCs of this Leaseevent that Tenant is prevented from using, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 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 period beginning on entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Premises. If, however, Tenant recommences the use of such reoccupies any portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.6Premises during such period, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.the Basic Rental

Appears in 1 contract

Sources: Office Lease (ASC Acquisition LLC)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by Landlord (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 three five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable ./ -/// -25- ▇▇▇▇▇▇ 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 three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a 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 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

Abatement Event. If In the event that Tenant is prevented, without taking extraordinary measures or incurring material expense, from using the Premises (or any portion thereof) for the Permitted Use, and 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 perform, after the Lease Commencement Date and required by the Lease, (ii) any failure of Landlord to provide, or any material restriction of, services to the Premises, utilities to the Premises, or 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 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 hereunder, by recognized overnight courier service for next day delivery, and if such Abatement Event continues for six (6) consecutive Business Days after any such notice (the “Eligibility Period”) and so long as the Abatement Event is not due to Force Majeure, then the Base Rent and 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 be so prevented from usingusing the Premises (or any portion thereof) for the Permitted Use without taking extraordinary measures or incurring material expense, and does not use, the Premises or any portion thereof, as a result for the Permitted Use, in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using for the Permitted Use without taking extraordinary measures or incurring material expense, maintenance or alteration performed by Landlordand does not use for the Permitted Use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under event that Tenant is prevented from using for the TCCs of this LeasePermitted Use without taking extraordinary measures or incurring material expense, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to for the Premises, and/or (iii) the presence Permitted Use for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 Base Rent and Additional Rent for the period beginning on entire Premises shall be abated for such time as Tenant continues to be so prevented from using for the date three (3) business days after Permitted Use, and does not use for the Initial Notice to Permitted Use, the earlier Premises. If, however, Tenant reoccupies any portion of the date Landlord cures Premises during such Abatement Event or the date Tenant period and recommences the use of such portion of the Premises for the Permitted Use, 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, 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 a▇▇▇▇ ▇▇▇▇ 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 a connection with an Abatement EventEvent following expiration of the Eligibility Period. Except as provided in this Section 6.65.8, 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.

Appears in 1 contract

Sources: Lease Agreement (Silk Road Medical Inc)

Abatement Event. If In the event that Tenant is prevented from using, and does not use, use the Premises or any portion thereofPremises, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) Landlord’s any failure to perform provide utility connections to the obligations Building or the Project or access to the Premises as required of Landlord under the TCCs of by this Lease, which such failure causes all each as a direct result of Landlord's gross negligence or a portion of the Premises to be untenantable willful misconduct (and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, except to the extent such hazardous materials are brought on failure is caused by the action or inaction of Tenant or is outside of Landlord’s ability 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”cure), Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured such Abatement Event within three five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three two (32) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by TenantTenant for the operation of its business, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.619.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Lease (Kura Oncology, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity or interferes with Tenant’s gas in the Premises, or (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured such Abatement Event within three five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Abatement Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) 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. 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 cafeterias in other Phases. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Lease Agreement (Cytokinetics Inc)

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) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the 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 any a portion thereof, as a result in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using, maintenance or alteration performed by Landlordand does not use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under the TCCs of this Leaseevent that Tenant is prevented from using, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 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 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 and Tenant’s obligation to pay for parking allocable to such reoccupied portion, based on the date three (3) 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. The term “Eligibility Period” shall mean a period of five (5) consecutive business days after Landlord’s receipt of any Abatement Notice(s). Such right to ▇▇▇▇▇ ▇▇▇▇ 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 a 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 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder11(i).

Appears in 1 contract

Sources: Standard Office Lease (United Business Holdings, Inc)

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) such event is within Landlord’s reasonable control, (ii) Tenant does not actually use the Premises or such portion thereof, and (iii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then Base Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues (as a result of the Abatement Event) to be so prevented from using, and does not use, the Premises or any a substantial portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after in the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use proportion that the rentable area of the Premises, (ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a portion of the Premises to be untenantable that Tenant is prevented from using, and unusable by Tenantdoes not use, or interferes with Tenant’s access bears to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery total rentable area of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any Premises. The term “Eligibility Period” shall mean a period of the Landlord Parties seven (any such set of circumstances as set forth in items (i7) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) 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 . Such right to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇a▇▇▇▇ the payment of Base Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s sole and exclusive remedy at law or in equity for a 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 6.66.4. 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.

Appears in 1 contract

Sources: Office Lease (Summit Healthcare REIT, Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) 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 intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Sublease Agreement (Amplitude, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this LeaseLease or to otherwise perform an act required by Landlord to avoid such interference, which 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 interferes with Tenant’s utility service to the Premises, or (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured such Abatement Event within three five (35) 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 's intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) 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 ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (St. Bernard Software, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed fails 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 provide services required of Landlord under the TCCs of this LeaseSections 6.1 and/or 6.5 above, which and (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by Tenant, Tenant actually ceases to use all or interferes with Tenant’s access to a material portion of the Premises, and/or (iii) such failure is not the presence result of hazardous materials existing in a Force Majeure event and is reasonably within Landlord's ability to cure, and (iv) such failure is not the Premises or Project prior to the date of delivery result of the Premises to acts and/or omissions of Tenant and thereafterand/or its agents, to the extent such hazardous materials are brought on to the Premises contractors, employees, licensees or Project by any of the Landlord Parties (any such set of circumstances as set forth invitees, then in items (i) through (iii), above, order to be known as an entitled to receive the “Abatement Event”)benefits of this Section 6.6, Tenant shall must give Landlord notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured commenced to cure such Abatement Event within three (3) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within three (3) business days of receipt of the Additional NoticeNotice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ 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 that is three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such If Tenant fails to 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 Premises rendered untenantable and not actually used by Tenant, then Tenant's right to ▇▇▇▇▇ ▇▇▇▇ 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 a effect with respect to the applicable Abatement Event. Except as provided in this Section 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Sierra Oncology, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed fails 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 provide services required of Landlord under the TCCs of this LeaseSection 6.1 above, which and (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by Tenant, Tenant actually ceases to use all or interferes with Tenant’s access to a material portion of the Premises, and/or (iii) such failure is reasonably within Landlord’s ability to cure, and (iv) such failure is not the presence of hazardous materials existing in the Premises or Project prior to the date of delivery result of the Premises to acts and/or omissions of Tenant and thereafterand/or other Tenant Parties, 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 then in items (i) through (iii), above, order to be known as an entitled to receive the “Abatement Event”)benefits of this Section 6.4, Tenant shall must give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured commenced to cure such Abatement Event within three five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within three five (35) business days of receipt of the Additional NoticeNotice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Base Rent and ▇▇▇▇▇▇’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 three five (35) 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. If Tenant fails to immediately provide the Additional Notice and commence applying any abatement of Base Rent and ▇▇▇▇▇▇’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 ▇▇▇▇▇▇, then ▇▇▇▇▇▇’s right to ▇▇▇▇▇ Base Rent and ▇▇▇▇▇▇’s Share of Operating Expenses and Tenant’s Share of Tax Expenses shall be of no further force or effect with respect to the applicable Abatement Event. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease

Abatement Event. If In the event that Tenant is prevented, without taking extraordinary measures or incurring material expense, from using the Premises (or any portion thereof) for the Permitted Use, and 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 perform, after the Lease Commencement Date and required by the Lease, (ii) any failure of Landlord to provide, or any material restriction of, services to the 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, (iii) 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 as required under Section 1.1.4.3 of this Lease) after any such notice (the “Eligibility Period”), then the Base Rent and Tenant’s Share of Direct Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from usingusing the Premises (or any portion thereof) for the Permitted Use without taking extraordinary measures or incurring material expense, and does not use, the Premises or any portion thereof, as a result for the Permitted Use, in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using for the Permitted Use without taking extraordinary measures or incurring material expense, maintenance or alteration performed by Landlordand does not use for the Permitted Use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under event that Tenant is prevented from using for the TCCs of this LeasePermitted Use without taking extraordinary measures or incurring material expense, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to for the Premises, and/or (iii) the presence Permitted Use for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 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 on entire Premises shall be abated for such time as Tenant continues to be so prevented from using for the date three (3) business days after Permitted Use, and does not use for the Initial Notice to Permitted Use, the earlier Premises. If, however, Tenant reoccupies any portion of the date Landlord cures Premises during such Abatement Event or the date Tenant period and recommences the use of such portion of the Premises for the Permitted Use, 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, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such 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 rights under this Section 6.4. Landlord shall use commercially reasonable efforts to minimize the duration of an Abatement Event within Landlord’s reasonable control, provided that such right to ▇▇▇▇▇ ▇▇▇▇ 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 a an Abatement Event. Except as provided in this Section 6.66.4, 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.

Appears in 1 contract

Sources: Office Lease (F5 Networks Inc)

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) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant or any of the Tenant Parties. Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then Base Rent, all Additional Rent (including Tenant's Percentage of Operating 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 square footage of the Premises or any leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion thereof, as of such Premises for a result period of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use time in excess of the PremisesEligibility 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 (iiincluding Tenant's Percentage of Operating Expenses) Landlord’s failure to perform for the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a entire portion of the Premises located within such Building shall be abated entirely for such time as Tenant continues to be untenantable so prevented from using, and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure use, such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by 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, for the period beginning based on the date three (3) business days after proportion that the Initial Notice rentable area of such reoccupied portion of such portion of the Premises located within such Building bears to the earlier total rentable area of the date Landlord cures such Abatement Event or Building, shall be payable by Tenant from the date Tenant recommences the use of reoccupies such portion of the Premises. Such The term "Eligibility Period" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). Except as provided in Articles 13 and 14, such right to ▇▇▇▇▇ ▇▇▇▇ 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 a an Abatement Event. Except as provided in this Section 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Standard Industrial/Commercial Lease (Axsys Technologies Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure (A) causes all or a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s (B) Landlord fails to satisfy its parking obligations pursuant to Article 28 of this Lease, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or (B) a failure to provide services or access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial "Interruption Notice"), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s 's intention to ▇▇▇▇▇ the payment of Rent under this LeaseLease (the "Abatement Event"). If Landlord does has not cure cured such Abatement Event within three five (35) business days of after the receipt of the Additional Interruption Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) business days after the Initial Interruption Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Evofem Biosciences, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access and (iii) such failure relates to (A) the nonfunctioning of the HVAC system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, and/or or (iiiB) the presence of hazardous materials existing in the Premises or Project prior a failure to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on provide access 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 "Abatement Notice"), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three five (35) 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) (the "Eligibility Period"), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on from the date three (3) 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 (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, Landlord agrees to promptly use commercially reasonable efforts to resolve such failure of such services. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Okta, Inc.)

Abatement Event. If In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, thereof as a result of (i) any repair, maintenance or alteration performed by Landlordfailure to provide essential services, or which Landlord failed access to perform, after the Lease Commencement Date and Premises as expressly required by this Lease, which substantially interferes with Tenant’s use of Lease to be provided by Landlord (and provided that such services or access are within the Premises, (ii) Landlord’s failure to perform the obligations required control of Landlord under the TCCs of this Lease, which such failure causes all to provide) or a portion of the Premises due to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in substances not brought onto the Premises by Tenant or Project prior to the date of delivery of the Premises to any “Tenant and thereafterParties,” as that term is defined in Section 10.1, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties below (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), then Tenant shall give Landlord notice (the “Initial Notice”)of such Abatement Event, specifying such failure to perform by Landlord. If Landlord has not cured and if such Abatement Event within three continues for five (35) consecutive business days after the Landlord’s receipt of the Initial Notice any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s 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 may deliver an additional notice continues to Landlord be so prevented from using, and does not use the Premises (and/or the “Additional Notice”parking spaces) or a portion thereof, in the proportion that the portion of 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, however, Tenant reoccupies any portion of the Premises during such period (or uses any parking spaces), specifying the Rent allocable to such reoccupied portion (or parking charge allocable to such parking space(s)), based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises (or based upon the monthly parking charges applicable to the parking spaces used), shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises (or uses the parking spaces). To the extent an Abatement Event and is caused by an event covered by Articles 11 or 13 of this Lease, then the terms of such Article 11 or 13, as the case may be, shall govern Tenant’s intention right to ▇▇▇▇▇ Rent and the payment terms of Rent under this Lease. If Landlord does Section 6.7 shall not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premisesbe applicable thereto. Such right to ▇▇▇▇▇ ▇▇▇▇ 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 a an Abatement Event. Except as provided in this Section 6.66.7, nothing contained herein in this Section 6.7 shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (TrueCar, Inc.)

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 to provide services to the Premises as required by Section 6.1 of this Lease or (y) a failure by Landlord to maintain the Project or Common Areas pursuant to Section 7 of this Lease, (ii) such failure is within the reasonable control of Landlord to cure, and (iii) such failure 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 (an "Abatement Event" "), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord's receipt of any such notice (the "Eligibility Period"), then the Base Rent and Tenant's Share of Direct Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any a portion thereof, as a result in the proportion that the rentable area of (i) any repairthe portion of the Premises that Tenant is prevented from using, maintenance or alteration performed by Landlordand does not use, or which Landlord failed bears to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use total rentable area of the Premises; provided, (ii) Landlord’s failure to perform however, in the obligations required of Landlord under the TCCs of this Leaseevent that Tenant is prevented from using, which such failure causes all or and does not use, a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence for a period of hazardous materials existing time in the Premises or Project prior to the date of delivery excess of the Premises to Tenant Eligibility Period and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord. If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that 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 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 three (3) 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. Such right to ▇▇▇▇▇ ▇▇▇▇ Base Rent and Tenant's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Palisade Bio, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”)Notice, Tenant may deliver an additional notice to Landlord (the "Additional Notice"), specifying such Abatement Event and Tenant’s 's intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Retrophin, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, In the event of any interruption or failure of any service or utility to the Premises or any portion thereof, as a result of (that Landlord is obligated to provide pursuant to this Lease) that (i) any repairis caused by the active negligence or willful misconduct of Landlord or its agents, maintenance employees or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premisescontractors, (ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by Tenant, Tenant actually ceases to use all or interferes with Tenant’s access to a material portion of the Premises, and/or and (iii) such failure is not the presence of hazardous materials existing in the Premises or Project prior to the date of delivery result of the Premises to acts and/or omissions of Tenant and thereafterand/or other Tenant Parties, 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 then in items (i) through (iii), above, order to be known as an entitled to receive the “Abatement Event”)benefits of this Section 6.4, then in order to be entitled to receive the benefits of this Section 6.4, Tenant shall must give Landlord notice (the “Initial Abatement Notice”), specifying such failure to perform by Landlordor interruption of services (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (35) business days of receipt of the Additional Abatement Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ 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 three five (35) 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. If Tenant fails to 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 Premises rendered untenantable and not actually used by Tenant, then Tenant’s right to ▇▇▇▇▇ Base Rent and Tenant’s Share of Direct Expenses shall be of no further force or effect with respect to the applicable Abatement Event. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Lease (Annexon, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this LeaseLease or to otherwise perform an act required by Landlord to avoid such interference, which and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, or interferes with Tenant’s (B) the failure of other utilities to be furnished to the Premises, or (C) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three two (32) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant 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 ▇▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Such right to ▇▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.66.4, 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.]

Appears in 1 contract

Sources: Office Lease (Accelrys, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this LeaseLease or to otherwise perform an act required by Landlord to avoid such interference, which and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of any utility service to the Premises, or interferes with Tenant’s (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three five (35) 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 ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Entropic Communications Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or Tenant (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, except to the extent such hazardous materials are brought on failure is due to the Premises or Project by any failure of a utility company to provide electrical power to 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”Building), Tenant shall give Landlord notice (the “Initial Abatement Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three five (35) 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on from the date three (3) 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 (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, Landlord agrees to promptly use commercially reasonable efforts to resolve such failure of such services. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity right to ▇▇▇▇▇ Rent as the result of an Abatement Event, but shall not otherwise limit Tenant’s remedies for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Unity Software Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease (including, without limitation, Articles 7 and 27 and Sections 29.30 and 29.33 of this Lease), which and (ii) such failure causes all or a portion of the Premises to be untenantable un-tenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), then Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by LandlordLandlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the “Eligibility Period”), then Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of its receipt of the Additional Notice, then Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date that is three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises (or as to all of the Premises, if the portion which is un-tenantable materially impairs Tenant’s ability to conduct business from the Premises). Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.63.3, Section 4 of the Summary, Section 3.2, Article 7, Section 11.1, Article 13, Article 27, Section 29.30, and Section 29.33 of this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Lease Agreement (Heron Therapeutics, Inc. /De/)

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) any repair, maintenance or alteration performed by including Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s 's failure to perform its repair or maintenance obligations pursuant to the obligations required of Landlord under the TCCs terms of this Lease, which such failure causes all or a portion of due to any work performance by Landlord or its agents or contractors), utilities or access to the Premises to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on Landlord is obligated to the Premises or Project by any of the Landlord Parties provide same under this Lease (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “"Abatement Event"), then Tenant shall give Landlord notice (the “Initial Notice”)of such Abatement Event, specifying such failure to perform by Landlord. If Landlord has not cured and if such Abatement Event within three continues for five (35) business days consecutive Business Days after Landlord's receipt of any such 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 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 ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) 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 ▇▇▇▇▇ 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, 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 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 three (3) 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. Such right to a▇▇▇▇ ▇▇▇▇ Fixed Rent, Tax Payment and Operating Payment shall be Tenant’s 's sole and exclusive remedy at law or in equity for a 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 6.626.24, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Lease Agreement (ChromaDex Corp.)

Abatement Event. If (i) (a) Landlord fails to 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 is prevented from using, and does not use, having access to the Premises or any portion thereofthe portions of the Building reasonably necessary to have normal access to the Premises (for example, elevators) except as a result necessary consequence of (i) any repairCasualty, maintenance or alteration performed by Landlordin which event the terms of Article 11 above will control, or which Landlord failed to perform, after (b) Hazardous Materials are present in the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use Premises or the portions of the Building necessary for access to 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 Tenant or Tenant Parties, (ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, which such failure causes all or a material portion of the Premises to be untenantable and inaccessible or unusable by Tenant, Tenant and Tenant actually ceases to use all or interferes with Tenant’s access to such material portion of the Premises, and/or and (iii) such failure is not the presence of hazardous materials existing in the Premises or Project prior to the date of delivery result of the Premises to acts and/or omissions of Tenant and thereafterand/or other Tenant Parties, 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 then in items (i) through (iii), above, order to be known as an entitled to receive the “Abatement Event”)benefits of this 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 three (3) business days after the receipt of the Initial Abatement Notice (the “Eligibility Period”)and is not otherwise expressly excused from such performance by this Lease, Tenant may deliver an additional may, upon written notice to Landlord (the “Additional Notice”similarly delivered to Landlord's property management address), specifying such Abatement Event and Tenant’s intention to immediately ▇▇▇▇▇ the payment Base Rent, Tenant's Share of Rent Direct Expenses and parking charges payable under this Lease. If Landlord Lease for that portion of the Premises so rendered inaccessible or unusable 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 immediately following the expiration of the three (3) business 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 three two (32) business days of after the receipt of the Additional Noticesuch Recurring Abatement Notice and is not otherwise excused from such performance by this Lease, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent Base Rent, ▇▇▇▇▇▇'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 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 three (3) business days after of Tenant's delivery of the Initial Recurring Abatement Notice 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. Such right to ▇▇▇▇▇ ▇▇▇▇ shall be Tenant’s ▇▇▇▇▇▇'s sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided ; provided, however, that nothing in this Section 6.619.5.2, nothing contained herein shall impair Tenant's rights under Sections 7.3 and 19.5.1, above. In the event that ▇▇▇▇▇▇ is entitled to an abatement of Rent during any of the abatement periods described in Section 4 of the Summary of ▇▇▇▇▇ ▇▇▇▇▇, then the scheduled abatement of Rent as described in said Section 4 will be interpreted suspended until the expiration of any abatement of ▇▇▇▇ 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).

Appears in 1 contract

Sources: Office Lease (Reddit, Inc.)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s failure fails to perform the obligations required of Landlord under the TCCs of this Lease, which (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, or interferes with Tenant’s the nonfunctioning of the elevator service to the Premises, or (B) a failure to provide access to the Premises, and/or (iii) the presence of hazardous materials existing in the Premises or Project prior to the date of delivery of the Premises to Tenant and thereafter, to the extent such hazardous materials are brought on to the Premises or Project by any of the Landlord Parties (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an the “Abatement Event”), Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Notice (the "Eligibility Period"), Tenant may deliver an additional notice to Landlord (the "Additional Notice"), specifying such Abatement Event and Tenant’s 's intention to ▇▇▇▇▇ the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately ▇▇▇▇▇ Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to ▇▇▇▇▇ ▇▇▇▇ Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a an Abatement Event. Except as provided in this Section 6.66.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Office Lease (Concur Technologies Inc)

Abatement Event. If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed fails 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 provide services required of Landlord under the TCCs of this LeaseSections 7.2 or 22 below, which and (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant and unusable by Tenant, Tenant actually ceases to use all or interferes with Tenant’s access to a material portion of the Premises, and/or (iii) such failure is not the presence result of hazardous materials existing in a Force Majeure event and is reasonably within Landlord's ability to cure, and (iv) such failure is not the Premises or Project prior to the date of delivery result of the Premises to acts and/or omissions of Tenant and thereafterand/or its agents, to the extent such hazardous materials are brought on to the Premises contractors, employees, licensees or Project by any of the Landlord Parties (any such set of circumstances as set forth invitees, then in items (i) through (iii), above, order to be known as an entitled to receive the “Abatement Event”)benefits of this Section 6.6, Tenant shall must give Landlord written notice (the "Initial Notice"), specifying such failure to perform by LandlordLandlord (the "Abatement Event"). If Landlord has not cured commenced to cure such Abatement Event within three five (35) 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 T▇▇▇▇▇'s intention to a▇▇▇▇ the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within three five (35) business days of receipt of the Additional NoticeNotice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately a▇▇▇▇ Base Rent and T▇▇▇▇▇ Rent ▇'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 three five (35) business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right If Tenant fails to immediately provide the Additional Notice and commence applying any abatement of Base Rent and T▇▇▇▇▇'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, then T▇▇▇▇▇'s right to a▇▇▇▇ Base Rent and T▇▇▇▇▇'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 a effect with respect to the applicable Abatement Event. Except as provided in this Section 6.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Appears in 1 contract

Sources: Lease Agreement (Netgear, Inc.)