Abatement of Hazardous Materials Sample Clauses

Abatement of Hazardous Materials. If either: (x) Tenant proposes to perform any work or installations (“Tenant Alterations”) in the Premises which would disturb the asbestos containing materials in the plenum above the Premises, or other Hazardous Materials, as defined in Section 11.2 of this Lease (“Other Hazardous Materials”), are discovered in the Premises which adversely affect Tenant’s use of the Premises or which must be removed, contained or otherwise handled in connection with any work to be performed by Tenant in the Premises and which were not introduced to the Premises by Tenant, any Tenant Affiliate, as defined in Section 12.2 (including, without limitation, Xxxxxx Worldwide, Inc. and Xxxxxx Worldwide, LLC) and their respective agents, employees or contractors, Landlord shall, at Landlord’s cost (except that Landlord shall, to the extent permitted under Section 7.4 of the Lease, have the right to include such costs in Operating Expenses Allocable to the Premises), perform such work (“Abatement Work”) as is required by law to remediate or xxxxx such asbestos containing materials or Other Hazardous Materials, as the case may be, in the affected portion of the Premises. With respect to asbestos containing materials, Landlord shall perform such Abatement Work within a reasonable period of time after Landlord approves Tenant’s plans for Tenant Alterations, and with respect to Other Hazardous Materials, Landlord shall perform such Abatement Work within a reasonable period of time after it is determined that Other Hazardous Materials are located in the Premises which Landlord is required to remove or remediate in accordance with this Section 9.7. Tenant’s obligation to pay Annual Fixed Rent, Additional Rent, and other charges in the affected portion of the Premises shall be abated during the period commencing as of the date that Landlord commences such Abatement Work and ending as of the earliest to occur of: (x) the date that Landlord completes such Abatement Work, or (y) the date that Tenant commences such Tenant Alterations in the area affected by such Abatement Work, or (z) the date that Tenant recommences to use any portion of the affected area within the Premises.

Abatement of Hazardous Materials. In addition to the renovation and other work described in the Work Agreement, the Project shall include remediation of existing Hazardous Materials. Landlord’s obligations to pay or reimburse Tenant for abatement costs as provided in Section 31.2, other than Landlord’s obligation to fund the Land10rdFunded Work shall be limited to available appropriated funds of Landlord. To the extent such funds are not available to reimburse Tenant for such costs incurred by Tenant but for which Landlord is responsible as provided in Section 31.2, Tenant shall have the right to deduct the amount of such costs from succeeding Rent owed by Tenant to Landlord under this Lease, in the amounts determined by the environmental consulting firm referred to in Section 31.2 (or as otherwise agreed by the parties), together with interest at the Interest Rate accruing on the outstanding amount of such payments beginning on the date Tenant makes payment, provided that, if Tenant is unable timely to obtain financing on terms satisfactory to Tenant to fund Landlord’s remediation obligations under this Section 31.1, Tenant shall have the right to (i) terminate this Lease by notice to Landlord or (ii) to the extent consistent with Applicable Laws, defer performance of such obligations until such time as Landlord makes adequate funds available to Tenant.

Abatement of Hazardous Materials. Notwithstanding anything to the contrary in the Lease, Tenant shall be responsible for the cost of any abatement of Hazardous Materials (as defined in Section 15 above) to the extent currently existing in the Expansion Premises. Tenant may utilize the TI Allowance Amount (as defined in the attached Exhibit B) to offset any such cost.