Abatement of Monthly Rent. During any period when Landlord or Landlord's Architect reasonably determines that there is substantial interference with Tenant's use of the Premises by reason of a Casualty, Monthly Rent shall be temporarily abated in proportion to the degree of such substantial interference, but only to the extent of any business interruption or loss of income insurance proceeds received by Landlord from Tenant's insurance described in Section 11.
Abatement of Monthly Rent. During any period when there is substantial interference with Tenant’s use of the Premises by reason of a Casualty, Monthly Rent shall be temporarily abated in proportion to the degree of such substantial interference; provided however, there shall be a Rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees.. Such abatement shall commence upon the date Tenant notifies Landlord of such Casualty and shall end upon the Substantial Completion of the repair of the Premises which Landlord undertakes or is obligated to undertake hereunder. Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the Premises, Tenant’s Personal Property or other damage or any inconvenience occasioned by a Casualty or by the repair or restoration of the Premises thereafter, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant. Tenant hereby waives the provisions of Section 1932(2) and Section 1933(4) of the California Civil Code, and the provisions of any similar or successor statutes.
Abatement of Monthly Rent. During any period when Landlord or Landlord’s Architect reasonably determines that there is substantial interference with Tenant’s use of the Premises by reason of a Casualty, Monthly Rent shall be temporarily abated in proportion to the degree of such substantial interference, but only to the extent of any business interruption or loss of income insurance proceeds received by Landlord from Tenant’s insurance described in Section 11.2. Subject to the immediately preceding sentence, such abatement shall commence upon the date Tenant notifies Landlord of such Casualty and shall end upon the Substantial Completion of the repair of the Premises which Landlord undertakes or is obligated to undertake hereunder. Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the Premises, Tenant’s Personal Property or other damage or any inconvenience occasioned by a Casualty or by the repair or restoration of the Premises thereafter, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant. Tenant hereby waives the provisions of Section 1932(2) and Section 1933(4) of the California Civil Code, and the provisions of any similar or successor statutes.
Abatement of Monthly Rent. During any period when Landlord or Landlord's Architect reasonably determines that there is substantial interference with Tenant's use of the Premises by reason of a Casualty, Monthly Rent and Additional Rent shall be temporarily abated in proportion to the degree of such substantial interference. Such abatement shall commence upon the date of such Casualty and shall end upon the Substantial Completion of the repair of the Premises which Landlord undertakes or is obligated to undertake hereunder. Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the Premises, Tenant's Personal Property or other damage or any inconvenience occasioned by a Casualty or by the repair or restoration of the Premises thereafter, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant. Tenant hereby waives the provisions of Section 1932(2) and Section 1933(4) of the California Civil Code, and the provisions of any similar or successor statutes.
Abatement of Monthly Rent. In the event Landlord is required or elects to repair any damage to the Property, it shall commence such repair within (90) days of the Casualty and diligently prosecute such to completion. Until such repair is complete, Monthly Rent shall xxxxx in proportion to the part of the Leased Premises rendered untenantable. Any such abatement of Monthly Rent shall end upon thirty (30) days after Landlord’s delivery of notice to Tenant that Landlord’s responsibilities with regard to repairing the Leased Premises have been completed.
Abatement of Monthly Rent. During any period when there is material adverse interference with Tenant's use of the Premises by reason of a Casualty, Monthly Rent shall be temporarily abated in proportion to the percentage of the Premises damaged, but only to the extent such proportion of Monthly Rent exceeds any business interruption or loss of income insurance proceeds received by Landlord from Tenant's insurance described in Section 11.
Abatement of Monthly Rent. Notwithstanding anything herein to the contrary, there shall be an abatement of Monthly Rent and all other items payable under this Lease and reimbursement of Additional Rent under Section XIII by reason of damage to or destruction of the Premises or the Building, or any portion thereof, to the extent that either (i) Landlord received insurance proceeds for loss of rental income attributable to the Premises or (ii) the Premises cannot be reasonably used by Tenant for conduct of its business, in which event the Monthly Rent and all other items payable under this Lease shall xxxxx proportionately according to (i) or (ii) above commencing thirty (30) days after the damage to or destruction of the Premises or Building has occurred, and except that, if Landlord or Tenant elects to terminate this Lease as provided in Section XVII(B) above, no obligation shall accrue under this Lease after such termination. Notwithstanding the provisions of this Section XVII, if any such damage is due to the fault or neglect of Tenant, any person claiming through or under Tenant, or any of their employees, suppliers, shippers, customers or invitees, then there shall be no abatement of Monthly Rent and all other items payable under this Lease by reason of such damage, unless and until Landlord is reimbursed for such abatement pursuant to any rental insurance policy that Landlord may, in its sole discretion, elect to carry. Tenant’s right to terminate this Lease in the event of any damage or destruction to the Premises or Building is governed by the terms of this Section XVII.
Abatement of Monthly Rent. Notwithstanding anything herein to the contrary, there shall be an abatement of Monthly Rent in the event of a partial condemnation or other taking that does not result in a termination of this Lease as to the entire Premises pursuant to this Section XVIII. In such event, the Monthly Rent and all other rental charges shall xxxxx in proportion to the portion of the Premises taken by such condemnation or other taking. If this Lease is terminated, in whole or in part, pursuant to any of the provisions of this Section XVIII, all rentals and other charges payable by Tenant to Landlord hereunder and attributable to the Premises taken shall be paid up to the date upon which actual physical possession shall be taken by the condemnor. Landlord shall be entitled to retain all of the Security Deposit until such time as this Lease is terminated as to all of the Premises.
Abatement of Monthly Rent. Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant's obligation to pay Monthly Rent for the second (2nd) through the eighth (8th) full calendar months of the initial Term of this Lease ("Abatement Period") in the amount of $777,022.40. During such Abatement Period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease including, without limitation, the payment to Landlord of Real Property Taxes and Insurance Costs. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 22 of this Lease, then as a part of the recovery set forth in Article 22 of this Lease, Landlord shall be entitled to the recovery of the unamortized portion of the Monthly Rent that was abated under the provisions of this Section 3.3, which unamortized portion shall be calculated on a straight-line basis over the one hundred twenty-seven (127) month initial Lease Term.
Abatement of Monthly Rent. Notwithstanding anything contained in this Lease to the contrary, the monthly rent during the original term shall be abated for a total period of three (3) calendar months commencing on the first full calendar month (the "Abatement Commencement Month") after Tenant or its contractor(s) in a good workmanlike manner completes all of the Repair Work set forth on Exhibit "B" attached hereto, but in no event shall the Abatement Commencement Month be prior to January 1996. Tenant shall notify Landlord in writing immediately upon completion of all Repair Work and shall concurrently provide Landlord copies of all invoices for such repair work and copies of canceled checks for such invoices except to the extent the repair work is conducted by Tenant in which case Tenant shall certify to Landlord in writing that such work was completed by Tenant. The monthly rent shall be abated for a total abatement of three (3) consecutive calendar months including the Abatement Commencement Month. In the event Tenant or its contractor(s) fail to complete in a good workmanlike manner, all of the Repair Work on or before June 30, 1996, then Tenant shall not be entitled to any abatement of monthly rent under this Section 4.4 and such event shall be deemed a default by Tenant under this Lease.
