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. In addition, an "Abatement Event" shall not be deemed to have occurred where such failure is caused by (a) an Alternate Service Provider for the Premises where such failure would generally not have occurred had Tenant utilized the Electric Service Provider (or its successor), or (b) an Alternate Service Provider for service to the Common Areas where Landlord reasonably conditioned its approval of the use of such Alternate Service Provider pursuant to Section 6.5.1 upon Tenant assuming the risk that any failures to provide services or access to the Premises caused by such Alternate Service Provider would not be deemed to constitute an "Abatement Event" pursuant to this Section 6.8. Tenant shall give Landlord notice ("ABATEMENT NOTICE") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Base Rent and Tenant's Share of Direct Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Direct Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises for Tenant's business purposes. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). If the Abatement Event is caused by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the Abatement described in this Section 6.8 shall not apply; however, Tenant may seek recovery from its business interruption insurance. Except as provided in Article 11 and Article 13, such right to ▇▇▇▇▇ 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. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. In addition, an "Abatement Event" shall not be deemed to have occurred where such failure is caused by (a) an Alternate Service Provider for the Premises where such failure would generally not have occurred had Tenant utilized the Electric Service Provider (or its successor), or (b) an Alternate Service Provider for service to the Common Areas where Landlord reasonably conditioned its approval of the use of such Alternate Service Provider pursuant to Section 6.5.1 upon Tenant assuming the risk that any failures to provide services or access to the Premises caused by such Alternate Service Provider would not be deemed to constitute an "Abatement Event" pursuant to this Section 6.8. Tenant shall give Landlord notice ("ABATEMENT NOTICE") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Base Rent and Tenant's Share of Direct Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Direct Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises for Tenant's business purposes. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). If the Abatement Event is caused by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the Abatement described in this Section 6.8 shall not apply; however, Tenant may seek recovery from its business interruption insurance. Except as provided in Article 11 and Article 13, such right to ▇▇▇▇▇ 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. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

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) such event is not caused any failure by Landlord to provide services, utilities or ingress to and egress from the negligence or willful misconduct of TenantBuilding, its agents, employees or contractors. In addition, an "Abatement Event" shall not be deemed to have occurred where such failure is caused by Project (a) an Alternate Service Provider for including the Premises where such failure would generally not have occurred had Tenant utilized the Electric Service Provider (or its successorProject Common Areas), or (b) an Alternate Service Provider for service Premises as required pursuant to the Common Areas where Landlord reasonably conditioned its approval TCCs of this Lease; or (iii) the presence of Hazardous Materials not brought on the Premises by “Tenant Parties,” as that term is set forth in Section 10.1 of this Lease, to the extent such presence substantially interferes with Tenant’s use of such Alternate Service Provider pursuant or ingress to Section 6.5.1 upon Tenant assuming or egress from the risk that any failures to provide services Building, Project (including the Project Common Areas), or access Premises (including the Project parking areas to the Premises caused by extent reasonable replacement spaces are not provided) (any such Alternate Service Provider would not set of circumstances as set forth in items (i) through (iii), above, to be deemed to constitute known as an "“Abatement Event" pursuant to this Section 6.8. ”), 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 Base Rent and Tenant's ’s Share of Direct Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises 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 leased by Tenant; provided, howeverPremises. 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 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 ’s Share of Direct 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 for Tenant's business purposes. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears in addition to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). If the Abatement Event is caused by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the Abatement described abatement rights set forth in this Section 6.8 shall not apply; however6.4, Tenant may seek recovery from its business interruption insurance. Except Tenant’s abatement rights following an event of damage and destruction or condemnation as provided in Article pursuant to the TCCs of Articles 11 and Article 13, such right to ▇▇▇▇▇ Base Rent and Tenant's Share 13 of Direct Expenses shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]this Lease.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using Notwithstanding the foregoing, if any interruption in, or failure or inability to provide electric, gas, water or sewer utilities to 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 gross negligence or willful misconduct of Landlord or any Landlord Parties, or Landlord is in default of its obligations under Sections 7.2 or 29.35.5, and in each case as a result thereof Tenant is unable to use and does not use a portion of the Premises for Tenant, its agents, employees or contractors. In addition's business purposes as a result thereof for a period of five (5) consecutive business days after written notice thereof to Landlord (each, an "Abatement Event" shall not be deemed to have occurred where such failure is caused by (a) an Alternate Service Provider for the Premises where such failure would generally not have occurred had Tenant utilized the Electric Service Provider (or its successor), or (b) an Alternate Service Provider for service to the Common Areas where Landlord reasonably conditioned its approval of the use of such Alternate Service Provider pursuant to Section 6.5.1 upon Tenant assuming the risk that any failures to provide services or access to the Premises caused by such Alternate Service Provider would not be deemed to constitute an "Abatement Event" pursuant to this Section 6.8. Tenant shall give Landlord notice ("ABATEMENT NOTICE") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Tenant's obligation to pay Base Rent and Tenant's Share of Direct Expenses shall be abated entirely or reduced, as the case may be, from and after the expiration of such five (5) business day period and continuing until the Eligibility Period for earlier of (x) such time that Tenant no longer continues to be so prevented from using, and does not use, using the Premises or a material portion thereofthereof (the "Unusable Area"), in the proportion that the rentable area of the portion of the Premises (y) such time that Tenant is prevented from usingreoccupies the Unusable Area, and does not use, bears to the total rentable area of the Premises leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Direct Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises for Tenant's business purposes. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five or (5z) consecutive business days after Landlord's receipt of any Abatement Notice(s). If the Abatement Event is caused has been cured or corrected by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the Abatement described in this Section 6.8 shall not apply; however, Tenant may seek recovery from its business interruption insuranceLandlord. Except as provided in Article 11 and Article 13, such right to ▇▇▇▇▇ Base Rent and Tenant's Share of Direct Expenses shall be so abated during such period in the proportion that the Unusable Area bears to the total rentable square footage of the Premises. Notwithstanding anything in this Lease to the contrary, if an Abatement Event is caused by fire or other Casualty, or by condemnation, then this Section shall not apply and the provisions of Article 11 (in the event of a fire or other Casualty) or Article 13 (in the event of condemnation), shall prevail in determining Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]rights to abatement of Rent.

Abatement Event. An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. In addition, an "Abatement Event" shall not be deemed to have occurred where such failure is caused by (a) an Alternate Service Provider for the Premises where such failure would generally not have occurred had Tenant utilized the Electric Service Provider (or its successor), or (b) an Alternate Service Provider for service to the Common Areas where Landlord reasonably conditioned its approval of the use of such Alternate Service Provider pursuant to Section 6.5.1 upon Tenant assuming the risk that any failures to provide services or access to the Premises caused by such Alternate Service Provider would not be deemed to constitute an "Abatement Event" pursuant to this Section 6.8. Tenant shall give Landlord notice ("ABATEMENT NOTICE") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Base Rent and Tenant's Share of Direct Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises leased by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Direct Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises for Tenant's business purposes. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). If the Abatement Event is caused by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the Abatement described in this Section 6.8 shall not apply; however, Tenant may seek recovery from its business interruption insurance. Except as provided in Article 11 and Article 13, such right to ▇▇▇▇▇ 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. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems].

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) such event is not caused any failure by Landlord to provide services, utilities or ingress to and egress from the negligence or willful misconduct of TenantBuilding, its agents, employees or contractors. In addition, an "Abatement Event" shall not be deemed to have occurred where such failure is caused by Project (a) an Alternate Service Provider for including the Premises where such failure would generally not have occurred had Tenant utilized the Electric Service Provider (or its successorProject Common Areas), or (b) an Alternate Service Provider for service Premises as required pursuant to the Common Areas where Landlord reasonably conditioned its approval TCCs of this Lease; or (iii) the presence of Hazardous Materials not brought on the Premises by “Tenant Parties,” as that term is set forth in Section 10.1 of this Lease, to the extent such presence substantially interferes with Tenant’s use of such Alternate Service Provider pursuant or ingress to Section 6.5.1 upon Tenant assuming or egress from the risk that any failures to provide services Building, Project (including the Project Common Areas), -▇▇- ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ CENTRE DEL MAR [Santarus, Inc.] or access Premises (including the Project parking areas to the Premises caused by extent reasonable replacement spaces are not provided) (any such Alternate Service Provider would not set of circumstances as set forth in items (i) through (iii), above, to be deemed to constitute known as an "“Abatement Event" pursuant to this Section 6.8. ”), 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 Base Rent and Tenant's ’s Share of Direct Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises 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 leased by Tenant; provided, howeverPremises. 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 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 ’s Share of Direct 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 for Tenant's business purposes. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears in addition to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. The term "ELIGIBILITY PERIOD" shall mean a period of five (5) consecutive business days after Landlord's receipt of any Abatement Notice(s). If the Abatement Event is caused by the negligence or willful misconduct of Tenant, or by the circumstances described in the second (2nd) sentence of this Section 6.8 with respect to an Alternate Service Provider, the Abatement described abatement rights set forth in this Section 6.8 shall not apply; however6.4, Tenant may seek recovery from its business interruption insurance. Except Tenant’s abatement rights following an event of damage and destruction or condemnation as provided in Article pursuant to the TCCs of Articles 11 and Article 13, such right to ▇▇▇▇▇ Base Rent and Tenant's Share 13 of Direct Expenses shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]this Lease.