Common use of Abatement Events Clause in Contracts

Abatement Events. Notwithstanding the provisions of Section 8.4 above or any other provision of this Lease to the contrary, if Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of any failure by Landlord to provide elevator service or sanitary, electrical, HVAC or other essential systems serving the Premises or to provide ingress to and egress from the Building or Premises and if such failure is attributable to Landlord’s negligence or willful misconduct (or that of Landlord’s agents, employees or contractors), excepting Force Majeure (collectively referred to as an “Abatement Event”), then Tenant shall provide email notice to a designated Landlord representative of such Abatement Event (which email notice shall be followed on the same or the following day by written notice to Landlord of such Abatement Event), and if such Abatement Event continues for two (2) consecutive business days after such written notice (the “Eligibility Period”), then Base Rent and Escalation Rent payable hereunder shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, or the applicable 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. Notwithstanding the foregoing, from and after the Delivery Date for the last Sub-Phase of Phase A, an “Abatement Event” shall include any event for which Landlord actually receives proceeds of rent loss insurance to cover loss of Base Rent or Escalation Rent under this Lease and the “Eligibility Period” shall cover the number of days after the Abatement Event covered by such proceeds.

Abatement Events. Notwithstanding the provisions of Section 8.4 above or any other provision of this Lease to the contrary, if An “Abatement Event” shall be defined as an event that prevents Tenant is prevented from using, and does not use, using the Premises or any portion thereof, as a result of any failure by Landlord to provide elevator service services or sanitaryaccess to the Premises, electrical, HVAC or other essential systems serving where (i) Tenant does not actually use the Premises or to provide ingress to such portion thereof, and egress from (ii) such event is not caused by the Building or Premises and if such failure is attributable to Landlord’s negligence or willful misconduct (or that of Landlord’s Tenant, its agents, employees or contractors), excepting Force Majeure . Tenant shall give Landlord notice (collectively referred to as an “Abatement EventNotice”), then Tenant shall provide email notice to a designated Landlord representative ) of such Abatement Event (which email notice shall be followed on the same or the following day by written notice to Landlord of any such Abatement Event), and if such Abatement Event continues for two (2) consecutive business days after such written notice (beyond the “Eligibility Period”” (as that term is defined below), then Base Rent the Basic Rental and Escalation Rent payable hereunder Tenant’s Proportionate Share of Direct Costs shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, Premises or the applicable a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using using, and does not use use, bears to the total rentable area of the Premises. Notwithstanding ; provided, however, in the foregoingevent 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 after the Delivery Date Tenant’s Proportionate Share of Direct Costs for the last Sub-Phase 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 Phase Athe Premises during such period, an “Abatement Event” 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 include any event for which Landlord actually receives proceeds be payable by Tenant from the date Tenant reoccupies such portion of rent loss insurance to cover loss of Base Rent or Escalation Rent under this Lease and the Premises. The term “Eligibility Period” shall cover the number mean a period of three (3) consecutive business days after Landlord’s receipt of any Abatement Notice(s). 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 Abatement Event covered by such proceedsPremises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 11(i).

Abatement Events. Notwithstanding the provisions of Section 8.4 above or any other provision of this Lease to the contrary, if An "Abatement Event" shall be defined as an event that prevents Tenant is prevented from using, and does not use, using the Premises or any portion thereof, as a result of any failure by Landlord to provide elevator service services or sanitary, electrical, HVAC or other essential systems serving access to the Premises or as a result of Landlord's activities pursuant to provide ingress to Section 12(b) below or as a result of the presence of Hazardous Materials in violation of Environmental Laws not caused by Tenant, its agents, employees, contractors or invitees, where (i) Tenant does not actually use the Premises or such portion thereof, and egress from (ii) such event is not caused by the Building or Premises and if such failure is attributable to Landlord’s negligence or willful misconduct (or that of Landlord’s Tenant, its agents, employees or contractors), excepting Force Majeure (collectively referred to as an “Abatement Event”), then . Tenant shall provide email give Landlord notice to a designated Landlord representative ("Abatement Notice") of such Abatement Event (which email notice shall be followed on the same or the following day by written notice to Landlord of any such Abatement Event), and if such Abatement Event continues for two (2) consecutive business days after such written notice (beyond the “"Eligibility Period”" (as that term is defined below), then Base Rent the Basic Rental and Escalation Rent payable hereunder Tenant's Proportionate Share of Direct Costs shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, Premises or the applicable such portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using using, and does not use use, bears to the total rentable area of the Premises. Notwithstanding ; provided, however, in the foregoingevent 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 after the Delivery Date Tenant's Proportionate Share of Direct Costs for the last Sub-Phase 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 Phase Athe 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). 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” shall include any event for which Landlord actually receives proceeds of rent loss insurance to cover loss of Base Rent or Escalation Rent under this Lease and the “Eligibility Period” shall cover the number of days after the Abatement Event covered by such proceeds.

Abatement Events. Notwithstanding the provisions of Section 8.4 above or any other provision of this Lease to the contrary, if An “Abatement Event” shall be defined as an event that prevents Tenant is prevented from using, and does not use, using the Premises or any portion thereof, as a result of any failure by Landlord to provide elevator service services or sanitaryaccess to the Premises, electrical, HVAC or other essential systems serving where (i) Tenant does not actually use the Premises or to provide ingress to such portion thereof, and egress from (ii) such event is not caused by the Building or Premises and if such failure is attributable to Landlord’s negligence or willful misconduct (or that of Landlord’s Tenant, its agents, employees or contractors), excepting Force Majeure . Tenant shall give Landlord notice (collectively referred to as an “Abatement EventNotice”), then Tenant shall provide email notice to a designated Landlord representative ) of such Abatement Event (which email notice shall be followed on the same or the following day by written notice to Landlord of any such Abatement Event), and if such Abatement Event continues for two (2) consecutive business days after such written notice (beyond the “Eligibility Period”” (as that term is defined below), then Base Rent the Basic Rental and Escalation Rent payable hereunder Tenant’s Proportionate Share of Direct Costs shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, Premises or the applicable a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using using, and does not use use, bears to the total rentable area of the Premises. Notwithstanding ; provided, however, in the foregoingevent 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 after the Delivery Date Tenant’s Proportionate Share of Direct Costs for the last Sub-Phase 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 Phase Athe Premises during such period, an “Abatement Event” 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 include any event for which Landlord actually receives proceeds be payable by Tenant from the date Tenant reoccupies such portion of rent loss insurance to cover loss of Base Rent or Escalation Rent under this Lease and the Premises. The term “Eligibility Period” shall cover the number mean a period of five (5) consecutive business days after the Landlord’s receipt of any Abatement Event covered by Notice(s). Except as provided in Articles 16 and 18 below, such proceedsright to axxxx 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.

Abatement Events. Notwithstanding the provisions of Section 8.4 above or any other provision of this Lease to the contrary, if An “Abatement Event” shall be defined as an event that prevents Tenant is prevented from using, and does not use, using the Premises or any portion thereof, as a result of any failure by Landlord to provide elevator service services or sanitaryaccess to the Premises, electrical, HVAC or other essential systems serving where (i) Tenant does not actually use the Premises or to provide ingress to such portion thereof, and egress from (ii) such event is not caused by the Building or Premises and if such failure is attributable to Landlord’s negligence or willful misconduct (or that of Landlord’s Tenant, its agents, employees or contractors), excepting Force Majeure . Tenant shall give Landlord notice (collectively referred to as an “Abatement EventNotice”), then Tenant shall provide email notice to a designated Landlord representative ) of such Abatement Event (which email notice shall be followed on the same or the following day by written notice to Landlord of any such Abatement Event), and if such Abatement Event continues for two (2) consecutive business days after such written notice (beyond the “Eligibility Period”” (as that term is defined below), then Base Rent the Basic Rental and Escalation Rent payable hereunder 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, Premises or the applicable a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using using, and does not use use, bears to the total rentable area of the Premises. Notwithstanding the foregoing, from and after the Delivery Date for the last Sub-Phase of Phase A, an “Abatement Event” shall include any event for which Landlord actually receives proceeds of rent loss insurance to cover loss of Base Rent or Escalation Rent under this Lease and the The term “Eligibility Period” shall cover the number mean a period of five (5) consecutive business days after Landlord’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 Abatement Event covered by such proceedsPremises or a portion thereof, the terms and conditions of Article 16 below shall apply rather than this Section 11(h).