Common use of Abatement Event Clause in Contracts

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. 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 a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 ("the “Abatement Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after 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 receipt of the Eligibility Period Abatement Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such portion thereofinterference, and (ii) such event is not caused failure causes all or a portion of the Premises to be untenantable and unusable by the negligence or willful misconduct of Tenant, its agentsand (iii) such failure related to (A) the nonfunctioning of any Building System or utility service to the Premises, employees or contractors. (B) a failure to provide access to the Premises, Tenant shall give Landlord notice ("Abatement the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the "receipt of the Initial Notice (the “Eligibility Period" (as that term is defined below”), then Tenant may deliver an additional notice to Landlord (the Basic Rental “Additional Notice”), specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier of the Premises; provided, however, in date Landlord cures such Abatement Event or the event that date Tenant is prevented from using, and does not use, a recommences the use of such 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 (or as to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area all of the Premises, if the portion which is untenantable materially impairs Tenant’s ability to conduct business from the Premises). Such right to xxxxx Rent shall be payable by Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the terms and conditions of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement NoticeEvent") of any such Abatement Event, and if ). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the receipt of the Initial Notice, Tenant may deliver an additional notice to Landlord (the "Eligibility Period" (as that term is defined belowAdditional Notice"), then the Basic Rental specifying such Abatement Event and Tenant's Proportionate Share intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the "receipt of the Initial Notice (the “Eligibility Period" (as that term is defined below”), then Tenant may deliver an additional notice to Landlord (the Basic Rental “Additional Notice”), specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such portion thereofinterference, and (ii) such event is not caused failure causes all or a portion of the Premises to be untenantable and unusable by the negligence or willful misconduct of Tenant, its agentsand (iii) such failure related to (A) the nonfunctioning of any Building System or utility service to the Premises, employees or contractors. (B) a failure to provide access to the Premises, Tenant shall give Landlord notice ("Abatement the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within three (3) business days after the "receipt of the Initial Notice (the “Eligibility Period" (as that term is defined below”), then Tenant may deliver an additional notice to Landlord (the Basic Rental “Additional Notice”), specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within two (2) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier of the Premises; provided, however, in date Landlord cures such Abatement Event or the event that date Tenant is prevented from using, and does not use, a recommences the use of such 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 (or as to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area all of the Premises, if the portion which is untenantable materially impairs Tenant’s ability to conduct business from the Premises). Such right to xxxxx Rent shall be payable by Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as otherwise provided in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents If 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 a any portion thereof, in as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the proportion that the rentable area of the portion of the Premises that Tenant is prevented from usingLease Commencement Date and required by this Lease, and does not use, bears to the total rentable area which substantially interferes with Tenant’s use of the Premises; provided, however(ii) Landlord’s failure to perform the obligations required of Landlord under the TCCs of this Lease, in the event that Tenant is prevented from using, and does not use, which such failure causes all or a portion of the Premises for a period to be untenantable and unusable by Tenant, or interferes with Tenant’s access to the Premises, and/or (iii) the presence of time hazardous materials existing in excess 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 Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to xxxxx the remaining 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 xxxxx Rent payable under this Lease for that portion of the Premises is rendered untenantable and not sufficient used by Tenant, for the period beginning on the date three (3) business days after the Initial Notice 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 the earlier of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for date Landlord cures such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Xxxx 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 a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents 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 provide, or any material restriction of, services to the Premises, utilities to the Premises, or materially necessary access to the Premises, where 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) 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 Tenantand (iii), its agentsto be known as an “Abatement Event”), employees or contractors. then Tenant shall give Landlord notice ("Abatement Notice") of any 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 beyond for six (6) consecutive Business Days after any such notice (the "“Eligibility Period" (”) and so long as that term the Abatement Event is defined below)not due to Force Majeure, then the Basic Rental Base Rent and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking Additional Rent 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 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 a any portion thereof, for the Permitted Use, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from usingusing for the Permitted Use without taking extraordinary measures or incurring material expense, and does not useuse for the Permitted Use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from usingusing for the Permitted Use without taking extraordinary measures or incurring material expense, and does not use, a portion of the Premises for the Permitted Use for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such 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 Base Rent and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking Additional Rent for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from usingusing for the Permitted Use, and does not useuse for the Permitted Use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such periodperiod and recommences use of such portion of the Premises for the Permitted Use, the Basic Rental and Tenant's Proportionate Share of Direct Costs 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. The term "ELIGIBILITY PERIOD" 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 axxxx Base Rent and Additional Rent, Tenant shall 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 connection with an Abatement Event following expiration of the Eligibility Period. Except as provided in this Section 5.8, 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 period restriction of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)services, utilities or access such that Tenant cannot reasonably use the Premises as permitted by this Lease.

Abatement Event. An "ABATEMENT EVENTAbatement 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, its agents, employees Tenant or contractorsany 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 the Basic Rental and Base Rent, all Additional Rent (including Tenant's Proportionate Share Percentage of Direct Costs and Tenant's obligation to pay for parking 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, use the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area square footage of the PremisesPremises leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the such 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 portionPeriod, 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 Base Rent, all Additional Rent (including Tenant's Proportionate Share Percentage of Direct Costs and Tenant's obligation to pay for parking Operating Expenses) for the entire portion of the Premises located within such Building shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, such portion of the PremisesPremises located within such Building. If, however, Tenant reoccupies any portion of the Premises located within such Building during such period, the Basic Rental and Base Rent, all Additional Rent (including Tenant's Proportionate Share Percentage of Direct Costs Operating Expenses) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of such portion of the Premises located within such Building bears to the total rentable area of the Premisessuch Building, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIODEligibility 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 xxxxx Base Rent, all Additional Rent (including Tenant's Percentage of Operating Expenses) shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure (A) causes all or a portion of the Premises to be untenantable and unusable by Tenant, or any portion thereof(B) Landlord fails to satisfy its parking obligations pursuant to Article 28 of this Lease, as 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 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 (the "Interruption Notice"), specifying such failure to perform by Landlord and Tenant's intention to xxxxx the payment of Rent under this Lease (the "Abatement NoticeEvent") of any such Abatement Event, and if ). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after 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 receipt of the Eligibility Period Interruption Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Interruption Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" “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 ’s Proportionate Share of Direct Costs and Tenant's ’s obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's ’s Proportionate Share of Direct Costs and Tenant's ’s obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's ’s Proportionate Share of Direct Costs and Tenant’s obligation to pay for parking allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" “Eligibility Period” shall mean a period of five (5) consecutive business days after Landlord's ’s receipt of any Abatement Notice(s). Such right to xxxxx Basic Rental and Tenant’s Proportionate Share of Direct Costs and Tenant’s obligation to pay for parking shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. If a fire or other casualty results in Tenant’s inability to use the Premises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 11(i).

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such portion thereofinterference, and (ii) such event is not caused failure causes all or a portion of the Premises to be untenantable and unusable by the negligence or willful misconduct of Tenant, its agentsand (iii) such failure related to (A) the nonfunctioning of any Building System or utility service to the Premises, employees or contractors. (B) a failure to provide access to the Premises, Tenant shall give Landlord notice (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement NoticeEvent") of any such Abatement Event, and if ). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the receipt of the Initial Notice (the "Eligibility Period" (as that term is defined below"), then Tenant may deliver an additional notice to Landlord (the Basic Rental "Additional Notice"), specifying such Abatement Event and Tenant's Proportionate Share intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier of the Premises; provided, however, in date Landlord cures such Abatement Event or the event that date Tenant is prevented from using, and does not use, a recommences the use of such 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 (or as to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area all of the Premises, if the portion which is untenantable materially impairs Tenant's ability to conduct business from the Premises). Such right to xxxxx Rent shall be payable by Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement NoticeEvent") of any such Abatement Event, and if ). If Landlord has not cured such Abatement Event continues beyond within three (3) business days after the receipt of the Initial Notice, Tenant may deliver an additional notice to Landlord (the "Eligibility Period" (as that term is defined belowAdditional Notice"), then the Basic Rental specifying such Abatement Event and Tenant's Proportionate Share intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date three (3) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such portion thereofinterference, and (ii) such event is not caused failure causes all or a portion of the Premises to be untenantable and unusable by the negligence or willful misconduct of Tenant, its agentsand (iii) such failure relates to (A) the nonfunctioning of any utility service to the Premises, employees or contractors. (B) a failure to provide access to the Premises, Tenant shall give Landlord notice ("Abatement the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the "receipt of the Initial Notice (the “Eligibility Period" (as that term is defined below”), then Tenant may deliver an additional notice to Landlord (the Basic Rental “Additional Notice”), specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier of the Premises; provided, however, in date Landlord cures such Abatement Event or the event that date Tenant is prevented from using, and does not use, a recommences the use of such portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion (or as to all of the Premises if the portion which is not sufficient untenantable materially impairs Tenant’s ability to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portionthe Premises). Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.4, then for such time after expiration of the Eligibility Period during which nothing contained herein shall be interpreted to mean that Tenant is so prevented excused from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises or such portion thereofobligations required of Landlord under the terms, covenants and conditions of this Lease, and (ii) such event is not caused by the negligence failure causes all 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 a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises to be untenantable and unusable by Tenant (the “Abatement Event”) and Landlord has not cured such Abatement Event within five (5) days after the receipt of written notice from Tenant or the day Landlord otherwise becoming aware of such Abatement Event, then Rent payable under this Lease for a period of time in excess of the Eligibility Period and the remaining that portion of the Premises is rendered untenantable and unusable and not sufficient to allow used by Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for the period from the commencement of such time as Tenant continues Abatement Event to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion earlier of the Premises during date Landlord cures such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies 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. The term "ELIGIBILITY PERIOD" shall mean Notwithstanding the foregoing, in the event there is a period disruption of five (5) consecutive business days after Landlord's receipt services to the Premises, Landlord agrees to promptly use commercially reasonable efforts to resolve such failure of any Abatement Notice(s)such services.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within three (3) business days after the "Eligibility Period" receipt of the Initial Notice, Tenant may deliver an additional notice to Landlord (as that term is defined belowthe “Additional Notice”), then the Basic Rental specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date three (3) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure If (i) Landlord fails to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereofrequired of Landlord under Sections 6.1 and/or 6.5 above, and (ii) such event failure causes all or a material portion of the Premises to be untenantable by Tenant and Tenant actually ceases to use all or a material portion of the Premises, (iii) such failure is not caused by the negligence or willful misconduct result of Tenanta Force Majeure event and is reasonably within Landlord's ability to cure, and (iv) such failure is not the result of the acts and/or omissions of Tenant and/or its agents, employees contractors, employees, licensees or contractors. invitees, then in order to be entitled to receive the benefits of this Section 6.6, Tenant shall must give Landlord notice (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement NoticeEvent") of any such Abatement Event, and if ). If Landlord has not commenced to cure such Abatement Event continues beyond within three (3) business days after the receipt of the Initial Notice and is not otherwise excused from such performance by this Lease, then prior to any abatement, Tenant must deliver an additional written notice to Landlord (the "Eligibility Period" (as that term is defined belowAdditional Notice"), then the Basic Rental specifying such Abatement Event and Tenant's Proportionate Share intention to xxxxx the payment of Direct Costs Rent under this Lease. If Landlord does not commence to cure such Abatement Event within three (3) business days of receipt of the Additional Notice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent and Tenant's obligation to pay Share of Operating Expenses and Tax Expenses payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises rendered untenantable and not actually used by Tenant, for the period beginning on the date that Tenant is prevented from using, and does not use, bears three (3) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" 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 xxxxx Base Rent and Tenant's Share of Operating Expenses and Tax Expenses shall be of no further force or effect with respect to the applicable Abatement Event. Except as provided in this Section 6.6, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use the Premises Landlord fails to provide any services required of Landlord under Section 6.1 above or such portion thereofperform any of Landlord's Repair Obligations required under Article 7 below, and (ii) such event failure causes all or a material portion of the Premises to be untenantable and unusable by Tenant and Tenant actually ceases to use all or such material portion of the Premises, (iii) such failure is not caused by the result of the negligence or willful misconduct of TenantLandlord and is reasonably within Landlord's ability to cure, its agentsand (iv) such failure is not the result of the acts and/or omissions of Tenant and/or other Tenant Parties (as defined herein), employees or contractors. then in order to be entitled to receive the benefits of this Section 6.5, Tenant shall must give Landlord notice (the "Initial Abatement Notice") of any ), specifying such failure to perform by Landlord (the "Abatement Event, and if "). If Landlord has not commenced to cure such Abatement Event continues beyond within five (5) business days after the receipt of the Initial Abatement Notice and is not otherwise excused from such performance by this Lease, then prior to any abatement, Tenant must deliver an additional notice to Landlord (the "Eligibility Period" (as that term is defined belowAdditional Abatement Notice"), then the Basic Rental specifying such Abatement Event and Tenant's Proportionate intention to xxxxx the payment of Rent under this Lease. If Landlord does not commence to cure such Abatement Event within five (5) business days of receipt of the Additional Abatement Notice and thereafter diligently pursue the cure to completion, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent and Tenant's Share of Direct Costs and Tenant's obligation to pay Expenses payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from usingrendered untenantable and not actually used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Abatement Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" 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 xxxxx 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 xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.5, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).that Tenant is excused from paying Rent due hereunder. XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents Tenant is prevented from using using, and does not use, the Demised Premises or any portion thereof, as a result of any failure disruption, failure, lack or shortage of any such service or utility listed herein due to provide services or access to the Premisesany cause whatsoever (an “Abatement Event”), 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. then Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond uninterrupted for five (5) consecutive business days after Tenant gives any such notice as provided in this Section 7.02 (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 Tenant shall be abated entirely or reduced, as entitled to an abatement of Base Rent after the case may be, after expiration of the Eligibility Period for such time period that Tenant continues to be so prevented from using, and does not use, the Demised Premises or a portion thereof, in the proportion that the rentable area of the portion of the Demised Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Demised Premises; provided, however, in the event that if Tenant 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 Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking Base Rent 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 Demised Premises. If, however, Such right to xxxxx Base Rent shall be Tenant’s sole and exclusive remedy at law or in equity as a result of an Abatement Event. To the extent Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable is entitled to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears abatement without regard to the total rentable area Eligibility Period because of an event described in Articles 10 or 11 below, then the Premises, Eligibility Period shall not be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).applicable..

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents (i) Tenant is prevented from using using, and actually does not use, a material portion of the Premises or any portion thereof, as a result of either (x) any failure by Landlord to provide services or access to the PremisesPremises 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, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event failure is within the reasonable control of Landlord to cure, and (iii) such failure is not caused by the negligence or willful misconduct result of Tenantthe acts and/or omissions of Tenant and/or other "Tenant Parties," as such term is defined in Section 10.1, its agentsbelow (an "Abatement Event" "), employees or contractors. then Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond for five (5) consecutive business days after Landlord's receipt of any such notice (the "Eligibility Period" (as that term is defined below"), then the Basic Rental Base Rent and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental Base Rent and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking 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 Basic Rental and Tenant's Proportionate Share of Direct Costs 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. The term "ELIGIBILITY PERIOD" Such right to xxxxx Base Rent and Tenant's Share of Direct Expenses shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents Tenant from using of any interruption or failure of any service or utility to the Premises or any portion thereof, as a result of any failure (that Landlord is obligated to provide services or access pursuant to the Premises, where this Lease) that (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the active negligence or willful misconduct of Tenant, Landlord or its agents, employees or contractors. , (ii) such failure causes all or a material portion of the Premises to be untenantable by Tenant shall and Tenant actually ceases to use all or a material portion of the Premises, and (iii) such failure is not the result of the acts and/or omissions of Tenant and/or other Tenant Parties, then in order to be entitled to receive the benefits of this Section 6.4, then in order to be entitled to receive the benefits of this Section 6.4, Tenant must give Landlord notice ("the “Abatement Notice") ”), specifying such failure or interruption of any such services (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within five (5) business days of receipt of the "Eligibility Period" (as that term is defined below)Abatement Notice, then the Basic Rental Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent and Tenant's Proportionate ’s Share of Direct Costs and Tenant's obligation to pay Expenses payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from usingrendered untenantable and not actually used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Abatement Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" 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 xxxxx 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 xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises obligations required of Landlord under the TCCs of this Lease or to otherwise perform an act required by Landlord to avoid such portion thereofinterference, and (ii) such event is not caused failure causes all or a portion of the Premises to be untenantable and unusable by the negligence or willful misconduct of Tenant, its agentsand (iii) such failure relates to (A) the nonfunctioning of the heat, employees ventilation, and air conditioning system in the Premises, the electricity in the Premises, or contractors. (B) the failure of other utilities to be furnished to the Premises, or (C) a failure to provide access to the Premises, Tenant shall give Landlord notice ("Abatement the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within three (3) business days after the "receipt of the Initial Notice (the “Eligibility Period" (as that term is defined below”), then Tenant may deliver an additional notice to Landlord (the Basic Rental “Additional Notice”), specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within two (2) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date three (3) business days after the Initial Notice to the total rentable area earlier of the Premises; provided, however, in date Landlord cures such Abatement Event or the event that date Tenant is prevented from using, cures such Abatement Event and does not use, a recommences the use of such portion of the Premises for a period of time in excess (or as to all of the Eligibility Period and Premises, if the remaining portion of which is untenantable materially impairs Tenant’s ability to conduct business from the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its any business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such periodPremises). Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Abatement Event. Except as provided in this Section 6.4, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion Section 4 of the Premises bears to the total rentable area Summary, Sections 3.2 and 11 of the Premisesthis Lease and Article 13 of this Lease, nothing contained herein shall be payable by interpreted to mean that Tenant is excused from the date Tenant reoccupies such portion of the Premisespaying Rent due hereunder. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).XXXXXX REALTY THE CAMPUS AT SORRENTO GATEWAY 702009.06/WLA -31- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] ARTICLE 7

Abatement Event. An "ABATEMENT EVENT" “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 (iiiii) 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 Base Rent shall be abated entirely 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 a substantial portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided. The term “Eligibility Period” shall mean a period of seven (7) consecutive business days after Landlord’s receipt of any Abatement Notice(s). Such right to axxxx Base Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. If a fire or other casualty results in Tenant’s inability to use the Premises or a portion thereof, the terms and conditions of Article 11 below shall apply rather than this Section 6.4. Notwithstanding the foregoing, however, in the event that Tenant is prevented entitled to recover Base Rent during an Abatement Event from usingTenant’s business interruption insurance or other insurance, then Tenant shall not be entitled any rent abatement, it being the intent and does not use, a portion agreement 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 first proceed against its business therein, and if Tenant does not conduct its business from insurance carrier for any such remaining portion, then for such time after expiration loss of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, or any portion thereofthe nonfunctioning of the elevator service to the Premises, as or (B) 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 (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement NoticeEvent") of any such Abatement Event, and if ). If Landlord has not cured such Abatement Event continues beyond within three (3) business days after the receipt of the Initial Notice (the "Eligibility Period" (as that term is defined below"), then Tenant may deliver an additional notice to Landlord (the Basic Rental "Additional Notice"), specifying such Abatement Event and Tenant's Proportionate Share intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date three (3) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the 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 a any portion thereof, in as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the proportion that the rentable area Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure of Landlord to provide services, utilities or access to the Premises as required by this Lease, Tenant shall give Landlord notice (the “Abatement Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord does not cure such Abatement Event within five (5) business days after receipt of the Abatement Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises that Tenant is prevented from usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Abatement Notice to the total rentable area earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the full use of such portion of the Premises; provided, however. 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 the Eligibility Period 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 the Eligibility Period five (5) business day period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental Base Rent and Tenant's Proportionate ’s Share of Direct Costs and Tenant's obligation to pay for parking 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 Basic Rental and Tenant's Proportionate Share of Direct Costs 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. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent for an Abatement Event as set forth in this Section 6.4, shall be Tenant’s sole and exclusive remedy at law or in equity to xxxxx Rent. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents Tenant is prevented from using using, and does not use, the Premises or any portion thereof, thereof as a result of any failure to provide services essential services, or access to the Premises, where Premises as expressly required by this Lease to be provided by Landlord (iand provided that such services or access are within the control of Landlord to provide) Tenant does or due to the presence of hazardous substances not actually use brought onto the Premises by Tenant or such portion thereofany “Tenant Parties,” as that term is defined in Section 10.1, and below (ii) such event is not caused by the negligence or willful misconduct of Tenantan “Abatement Event”), its agents, employees or contractors. then Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond for five (5) consecutive business days after Landlord’s receipt of any such notice (the "“Eligibility Period" (as that term is defined below”), then the Basic Rental and Base Rent, Tenant's Proportionate ’s Share of Direct Costs Expenses and Tenant's obligation to pay for all parking charges 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, use the Premises (and/or the parking spaces) or a portion thereof, in the proportion that the rentable area of 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 area square footage of the Premises; providedPremises (or, howeverwith respect to the parking spaces, in the event 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 a period use is inadequate for the conduct of time in excess of the Eligibility Period Tenant’s business 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 use such remaining portion, then for such time after expiration Tenant shall be entitled to a total abatement of the Eligibility Period during which Tenant is so prevented from effectively conducting its business thereinBase Rent, the Basic Rental and Tenant's Proportionate ’s Share of Direct Costs Expenses and Tenant's obligation to pay for the parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premisescharges due under this Lease. If, however, Tenant reoccupies any portion of the Premises during such periodperiod (or uses any parking spaces), the Basic Rental and Tenant's Proportionate Share of Direct Costs Rent allocable to such reoccupied portionportion (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 PremisesPremises (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 PremisesPremises (or uses the parking spaces). The term "ELIGIBILITY PERIOD" To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then the terms of such Article 11 or 13, as the case may be, shall govern Tenant’s right to xxxxx Rent and the terms of this Section 6.7 shall not be applicable thereto. Such right to xxxxx Base Rent, Tenant’s Share of Direct Expenses and parking charges shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.7, nothing contained in this Section 6.7 shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENTAbatement 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 thereofthereof 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 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 and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIODEligibility Period" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). If a fire or other casualty results in Tenant's inability to use the Premises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 11(b).

Abatement Event. An "ABATEMENT EVENT" “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 ’s Proportionate Share of Direct Costs and Tenant's ’s obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's ’s Proportionate Share of Direct Costs and Tenant's ’s obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).Rental

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises obligations required of Landlord under the TCCs of this Lease, or such portion thereof, and (ii) such event failure causes all or a portion of the Premises to be untenantable and unusable by Tenant (except to the extent such failure is not caused by due to the negligence or willful misconduct failure of Tenanta utility company to provide electrical power to the Building), its agents, employees or contractors. Tenant shall give Landlord notice (the "Abatement Notice") of any ), specifying such failure to perform by Landlord (the "Abatement Event, and if "). If Landlord has not cured such Abatement Event continues beyond within five (5) days after the "Eligibility Period" receipt of the Abatement Notice (or within five (5) days after the date Landlord otherwise had actual knowledge of such Abatement Event as that term is defined belowreasonably demonstrated by Tenant), then the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay Tenant may immediately xxxxx Rent payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented rendered untenantable and not used by Tenant, for the period from using, and does not use, bears to the total rentable area commencement of such Abatement Event until the earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies 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. The term "ELIGIBILITY PERIOD" 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 xxxxx Rent shall be Tenant's sole and exclusive right to xxxxx Rent as the result of an Abatement Event, but shall not otherwise limit Tenant's remedies for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the "Eligibility Period" receipt of the Initial Notice, Tenant may deliver an additional notice to Landlord (as that term is defined belowthe “Additional Notice”), then the Basic Rental specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement NoticeEvent") 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 a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in given Landlord's obligation under Article 7, as part of its maintenance and repair obligations with regard to Building systems, the event parties agree that it will be a rebuttable presumption (barring reasonably conclusive evidence to the contrary) that any failure to provide heat, ventilation and air conditioning to the Premises HVAC distribution system, to provide electricity to the point of entry to the Premises, and/or elevator service between the Building lobby and the floors of the Building on which the Premises are located, will be the result of a Landlord failure under sub-item (i) hereinabove. If Landlord has not cured such Abatement Event within five (5) business days after the receipt of the Initial Notice, Tenant is prevented from usingmay deliver an additional notice to Landlord (the "Additional Notice"), specifying such Abatement Event and Tenant's intention to xxxxx the payment of Rent under this Lease. If Landlord does not usecure such Abatement Event within five (5) business days of receipt of the Additional Notice, a Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable ./ -/// -25- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for a the period of time in excess beginning on the date five (5) business days after the Initial Notice to the earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event (as opposed to (x) any damage to the property or injury to persons as addressed by Section 10.1 of this Lease, or (y) any insured claims otherwise available to Tenant in accordance with Article 10 of this Lease). Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises or any portion thereofto be untenantable and unusable by Tenant, as a result and (iii) such failure relates to (A) the nonfunctioning of any failure to provide services or access the HVAC system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, where or (iB) Tenant does not actually use a failure to provide access to the Premises or such portion thereof(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 (the "Abatement Notice") of any ), specifying such Abatement Event, and if failure to perform by Landlord. If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the receipt of the 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" (as that term is defined below"), then the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay Tenant may immediately xxxxx Rent payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented rendered untenantable and not used by Tenant, for the period from using, and does not use, bears to the total rentable area commencement of such Abatement Event until the earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies 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. The term "ELIGIBILITY PERIOD" 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 xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that 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 from using 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 any failure Casualty, in which event the terms of Article 11 above will control, or (b) Hazardous Materials are present in the Premises or the portions of the Building necessary for access to provide services or the Premises and such presence in the Building prevents Tenant from having reasonable access to the Premises, where (i) provided in either case that such Hazardous Materials were not brought into the Building or the Premises, exposed, or exacerbated by Tenant does not actually use the Premises or such portion thereofTenant Parties, and (ii) such event failure causes all or a material portion of the Premises to be inaccessible or unusable by Tenant and Tenant actually ceases to use all or such material portion of the Premises, and (iii) such failure is not caused by the negligence or willful misconduct result of Tenantthe acts and/or omissions of Tenant and/or other Tenant Parties, its agentsthen in order to be entitled to receive the benefits of this Section 19.5.2, employees or contractors. Tenant shall must give Landlord notice (the "Initial Abatement Notice") of any ), specifying such failure to perform by Landlord (the "Abatement Event, and if "); 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 commenced to cure such Abatement Event continues beyond within three (3) business days after the "Eligibility Period" receipt of the Initial Abatement Notice and is not otherwise expressly excused from such performance by this Lease, Tenant may, upon written notice to Landlord (as that term is defined belowsimilarly delivered to Landlord's property management address), then the Basic Rental and immediately xxxxx Base Rent, Tenant's Proportionate Share of Direct Costs Expenses and Tenant's obligation to pay parking charges payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that so rendered inaccessible or unusable and not actually used by Tenant is prevented from using, and does not use, bears to (which may include 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 entire Premises for a period of time in excess of the Eligibility Period and 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), then for such time after the period beginning on the date immediately following the expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its three (3) business therein, day period described above and continuing to the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion earlier of the Premises during date Landlord cures such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term 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 ("ELIGIBILITY PERIOD" shall mean a period of five Recurring Abatement Notice") specifying such recurrence, and if Landlord has not commenced to cure such Abatement Event within two (52) consecutive business days after Landlord's the receipt of the such Recurring Abatement Notice and is not otherwise excused from such performance by this Lease, Tenant may, upon written notice to Landlord, immediately xxxxx Base Rent, Xxxxxx's Share of Direct Expenses and parking charges payable under this Lease for that portion of the Premises rendered untenantable and not actually used by Tenant (which may include the entire Premises if the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion), for the period beginning on the date of Tenant's delivery of the Recurring Abatement Notice and continuing to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx shall be Xxxxxx's sole and exclusive remedy at law or in equity for an Abatement Event; provided, however, that nothing in this Section 19.5.2, shall impair Tenant's rights under Sections 7.3 and 19.5.1, above. In the event that Xxxxxx is entitled to an abatement of Rent during any Abatement Notice(sof the abatement periods described in Section 4 of the Summary of Xxxxx Xxxxx, then the scheduled abatement of Rent as described in said Section 4 will be suspended until the expiration of any abatement of Xxxx described in this Section 19.5.2, provided that any such reinstatement of Tenant’s Section 4 abatement rights will be calculated at the Rent rates which would have been applicable to the originally scheduled abatement period(s).

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement NoticeEvent") of any such Abatement Event, and if ). If Landlord has not cured such Abatement Event continues beyond within two (2) business days after the receipt of the Initial Notice, Tenant may deliver an additional notice to Landlord (the "Eligibility Period" (as that term is defined belowAdditional Notice"), then the Basic Rental specifying such Abatement Event and Tenant's Proportionate Share intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based period beginning on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).five

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents 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 provide, or any material restriction of, services to the Premises, utilities to the Premises, or materially necessary access to the Premises, where 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) Tenant does not actually use the Premises or such portion thereof), and (ii) such event is not caused by the negligence (iii), or willful misconduct of Tenant(iv) above, its agentsto be known as an “Abatement Event”), employees or contractors. then Tenant shall give Landlord notice ("Abatement Notice") of any 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 beyond 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" (as that term is defined below”), then the Basic Rental Base Rent and Tenant's Proportionate ’s Share of Direct Costs and Tenant's obligation to pay for parking 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 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 a any portion thereof, for the Permitted Use, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from usingusing for the Permitted Use without taking extraordinary measures or incurring material expense, and does not useuse for the Permitted Use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from usingusing for the Permitted Use without taking extraordinary measures or incurring material expense, and does not use, a portion of the Premises for the Permitted Use for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such 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 Base Rent and Tenant's Proportionate ’s Share of Direct Costs and Tenant's obligation to pay for parking Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from usingusing for the Permitted Use, and does not useuse for the Permitted Use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such periodperiod and recommences use of such portion of the Premises for the Permitted Use, the Basic Rental and Tenant's Proportionate Share of Direct Costs 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. The term "ELIGIBILITY PERIOD" 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 xxxxx Base Rent and Tenant’s Share of Direct Expenses and Tenant’s rights under Section 7.3, if and to the extent applicable, shall be Tenant’s sole and exclusive remedies at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. For purposes of this Section 6.4, a “material restriction” shall mean a period restriction of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)services, utilities or access such that Tenant cannot reasonably use the Premises as permitted by this Lease.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure If (i) Landlord fails to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereofrequired of Landlord under Section 8.1 above, and (ii) such event failure causes all or a material portion of the Premises to be untenantable by Tenant and Tenant actually ceases to use all or a material portion of the Premises, (iii) such failure is reasonably within Landlord's ability to cure, and (iv) such failure is not caused by the negligence or willful misconduct result of Tenantthe acts and/or omissions of Tenant and/or other Tenant Parties, its agentsthen in order to be entitled to receive the benefits of this Section 8.3.2, employees or contractors. Tenant shall must give Landlord notice (the "Abatement Event Notice") of any ), specifying such failure to perform by Landlord (the "Abatement Event, and if "). If Landlord has not commenced to cure such Abatement Event continues beyond within five (5) business days after the "Eligibility Period" (as that term receipt of the Abatement Event Notice and is defined below)not otherwise excused from such performance by this Lease, then the Basic Rental Tenant may, upon written notice to Landlord, immediately xxxxx Base Monthly Rent and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay Project Expenses payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from usingrendered untenantable and not actually used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Abatement Event Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 8.3.2, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where If (i) Tenant does not actually use Landlord fails to perform the Premises or such portion thereofobligations required of Landlord under the TCCs of this Lease, and (ii) such event failure causes all or a portion of the Premises to be untenantable and unusable by Tenant (except to the extent such failure is not caused by due to the negligence or willful misconduct failure of Tenanta utility company to provide electrical power to the Building), its agents, employees or contractors. Tenant shall give Landlord notice ("the “Abatement Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured such Abatement Event, and Event within five (5) days after the receipt of the 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 continues beyond 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" (as that term is defined below”), then the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay Tenant may immediately xxxxx Rent payable under this Lease for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented rendered untenantable and not used by Tenant, for the period from using, and does not use, bears to the total rentable area commencement of such Abatement Event until the earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies 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. The term "ELIGIBILITY PERIOD" 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 xxxxx Rent shall be Tenant’s sole and exclusive right to xxxxx Rent as the result of an Abatement Event, but shall not otherwise limit Tenant’s remedies for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or any portion thereof, as (B) 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 the “Initial Notice") of any ”), specifying such failure to perform by Landlord (the “Abatement Event, and if ”). If Landlord has not cured such Abatement Event continues beyond within five (5) business days after the "receipt of the Initial Notice (the “Eligibility Period" (as that term is defined below”), then Tenant may deliver an additional notice to Landlord (the Basic Rental “Additional Notice”), specifying such Abatement Event and Tenant's Proportionate Share ’s intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" Such right to xxxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents Tenant is prevented from using using, and does not use, the Premises or any portion thereof, as a result of any failure to provide services (including Landlord's failure to perform its repair or maintenance obligations pursuant to the terms of this Lease, or due to any work performance by Landlord or its agents or contractors), utilities or access to the PremisesPremises to the extent Landlord is obligated to provide same under this Lease (any such set of circumstances to be known as an "Abatement Event"), 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. then Tenant shall give Landlord notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond for five (5) consecutive Business Days after Landlord's receipt of any such notice, (the "Eligibility Period" (as that term is defined below"), then the Basic Rental and Tenant's Proportionate Share of Direct Costs Fixed Rent, Tax Payment, Operating Payment and Tenant's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated entirely or reduced, as the case may be, after the expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental Fixed Rent, Tax Payment and Tenant's Proportionate Share of Direct Costs Operating Payment for the 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 for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs 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. The term "ELIGIBILITY PERIOD" Such right to axxxx Fixed Rent, Tax Payment and Operating Payment shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. To the extent Tenant is entitled to abatement without regard to the Eligibility Period because of an event described in Section 11.3 or Article 12 of this Lease, then the Eligibility Period shall not be applicable. Except as provided in this Section 26.24, nothing contained herein shall be interpreted to mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity or any portion thereofgas in the Premises, as or (B) 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 (the "Initial Notice"), specifying such failure to perform by Landlord (the "Abatement Event"). If Landlord has not cured such Abatement Event within five (5) business days after the receipt of the Initial Notice, Tenant may deliver an additional notice to Landlord (the "Additional Abatement Notice") of any such Abatement Event), and if specifying such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Basic Rental and Tenant's Proportionate Share intention to xxxxx the payment of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration Rent under this Lease. If Landlord does not cure such Abatement Event within five (5) business days of receipt of the Eligibility Period Additional Abatement Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease 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 usingrendered untenantable and not used by Tenant, and does not use, bears for the period beginning on the date five (5) business days after the Initial Notice to the total rentable area earlier 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 date Landlord cures such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of If any Abatement Notice(s)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 xxxxx Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an In the event that prevents Tenant is prevented from using using, and does not use, the Premises or any portion thereofthereof (specifically including, but not limited to, Tenant’s server room and the equipment located therein), as a result of any failure to provide services or access to the Premises, where (i) Tenant does any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, Project (including the Project Common Areas), or Premises (including the Project parking areas to the extent reasonable replacement spaces are not actually use the Premises provided); or such portion thereof, and (ii) any failure by Landlord to provide services, utilities or ingress to and egress from the Building, Project (including the Project Common Areas), or Premises as required pursuant to the TCCs of this Lease; or (iii) the presence of Hazardous Materials not brought on the Premises by “Tenant Parties,” as that term is set forth in Section 10.1 of this Lease, to the extent such event is presence substantially interferes with Tenant’s use of or ingress to or egress from the Building, Project (including the Project Common Areas), -00- XXXXXX XXXXXX XXXXXX CENTRE DEL MAR [Santarus, Inc.] or Premises (including the Project parking areas to the extent reasonable replacement spaces are not caused by the negligence or willful misconduct provided) (any such set of Tenantcircumstances as set forth in items (i) through (iii), its agentsabove, employees or contractors. to be known as an “Abatement Event”), then Tenant shall give Landlord notice ("Abatement Notice") Notice of any such Abatement Event, and if such Abatement Event continues beyond for four (4) consecutive business days after Landlord’s receipt of any such Notice (the "“Eligibility Period" (as that term is defined below”), then then, as Tenant’s sole remedy vis-à-vis such Abatement Event, the Basic Rental Base Rent and Tenant's Proportionate ’s Share of Direct Costs and Tenant's obligation to pay for parking 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 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 useuse (“Unusable Area”), bears to the total rentable area of the Premises; provided, however. Notwithstanding the foregoing, in the event that that, as a result of an Abatement Event, either (A) Tenant is prevented (from usingan objective, general office tenant perspective) from conducting, and does not useconduct, a portion its business in more than fifty percent (50%) of the Premises for a period of time in excess of the Eligibility Period 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 (again, from an objective, office tenant perspective) from effectively conducting its business therein, or (B) Tenant’s server and other essential computer equipment is rendered unusable for a period in excess of the Basic Rental Eligibility Period, and Tenant ceases to conduct its business from the Premises as a result thereof, then for such time after expiration of the Eligibility Period during which Tenant’s server and other essential computer equipment remain unusable and Tenant has ceased to conduct its business from the Premises, the Base Rent and Tenant's Proportionate ’s Share of Direct Costs and Tenant's obligation to pay for parking Expenses for the entire Premises shall be abated entirely for such time as abated. Landlord and Tenant continues to be so prevented from usinghereby acknowledge that, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears in addition to the total rentable area abatement rights set forth in this Section 6.4, Tenant’s abatement rights following an event of damage and destruction or condemnation as provided pursuant to the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion TCCs of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period Articles 11 and 13 of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s)this Lease.

Abatement Event. An "ABATEMENT EVENT" “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 ’s Proportionate Share of Direct Costs and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's ’s Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's ’s Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" “Eligibility Period” shall mean a period of five three (53) consecutive business days after Landlord's ’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 xxxxx Basic Rental and Tenant’s Proportionate Share of Direct Costs shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. If a fire or other casualty results in Tenant’s inability to use the Premises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 11(h).

Abatement Event. An "ABATEMENT EVENTAbatement 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 thereofthereof 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 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 and Tenant's obligation to pay for parking shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Basic Rental and Tenant's Proportionate Share of Direct Costs and Tenant's obligation to pay for parking for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Basic Rental and Tenant's Proportionate Share of Direct Costs allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIODEligibility Period" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s).. If a fire or other casualty results in Tenant's inability to use the Premises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 11(b). EXHIBIT "I"