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.
Appears in 2 contracts
Samples: Office Lease (Eargo, Inc.), Office Lease (Eargo, Inc.)
Abatement of Monthly Rent. During any period when Landlord or Landlord's Architect reasonably determines that there is substantial interference with Tenant’s '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 but only if to the damage extent of any business interruption or destruction loss of income insurance proceeds received by Landlord from Tenant's insurance described in Section 11.2. Subject to the Premises or the Property did not result fromimmediately preceding sentence, 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 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 '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.
Appears in 1 contract
Samples: Office Lease (8x8 Inc /De/)
Abatement of Monthly Rent. During any period when there Sublessee is substantial interference with Tenant’s reasonably unable to use the Premises, or any part thereof, for the normal conduct of the Premises its business therein, as determined by Sublessor's Architect pursuant to Section 12.7 by reason of a Casualty, Monthly Rent shall be temporarily abated in proportion to the degree of such substantial interference; provided howeverinability, there shall be a Rent abatement but only if to the damage extent of any business interruption or destruction loss of the Premises or the Property did not result from, or was not contributed to directly or indirectly income insurance proceeds received 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.. Sublessor from Sublessee's insurance described in Section 11.2. Such abatement shall commence upon the date Tenant notifies Landlord Sublessee gives Notice to Sublessor of such Casualty and shall end upon the Substantial Completion earlier of 30 days after substantial completion of the repair of the Premises which Landlord Sublessor undertakes or is obligated to undertake hereunderhereunder or the resumption of business by Sublessee in the Premises. Tenant Sublessee shall not be entitled to any compensation or damages from Landlord Sublessor for loss of the use of the Premises, Tenant’s Personal Sublessee's 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 TenantSublessee. Tenant Sublessee 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.
Appears in 1 contract
Samples: Sublease (Inflow Inc)