ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Article, the rent payable under Paragraph 4 for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Paragraph 4 for a period of six months. Except for abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration.
Appears in 1 contract
ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the Premises are partially destroyed event of damage described in Paragraphs 9.2 or damaged 9.3, and Lessor or Lessee repairs or restores them the Premises pursuant to the provisions of this ArticleParagraph 9, the rent payable under Paragraph 4 hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Paragraph 4 for a period of six monthsas determined solely by Lessor. Except for abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration.
Appears in 1 contract
Samples: For Lease Agreement (Golden West Brewing Company, Inc.)
ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the Premises are partially destroyed event of damage described in paragraph 9.2 or damaged 9.3, and Lessor or Lessee repairs or restores them the Premises pursuant to the provisions of this ArticleParagraph 9, the rent payable under Paragraph 4 hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Paragraph 4 for a period of six months. Except for abatement of rent, if any, and except as provided for in other provisions of this lease, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration.
Appears in 1 contract
Samples: Pac-West Telecomm Inc
ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the event Lessor elects or is required to repair or restore the Building or Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Articleparagraph 9, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent payable under Paragraph 4 hereunder (including Lessee's Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Paragraph 4 for a period of six monthsabated. Except for said abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration, except as otherwise provided herein or by law.
Appears in 1 contract
Samples: Office Lease (Intrabiotics Pharmaceuticals Inc /De)
ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the Premises are partially destroyed event of damage described in Section 9.2 or damaged Section 9.3, and Lessor or Lessee repairs or restores them the Premises pursuant to the provisions of this ArticleSection 9, the Base Rent and the rent payable pursuant to the Additional Rent Provisions under Paragraph 4 this Lease for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the Premises is materially impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Paragraph 4 for a period of six months. Except for the proportionate abatement of rentthe Base Rent and the rent payable pursuant to the Additional Rent Provisions, if anyapplicable, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration, unless the damage is caused by the Lessor.
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Samples: Lease Agreement
ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the Premises are partially destroyed event of damage described in Paragraphs 9.2 or damaged 9.3. and Lessor or Lessee repairs or restores them the Premises pursuant to the provisions of this ArticleParagraph 9, the rent payable under Paragraph 4 hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Paragraph 4 for a period of six monthsas determined solely by Lessor. Except for abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration.
Appears in 1 contract
Samples: Industrial Lease (Golden West Brewing Company, Inc.)
ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If the Premises are partially destroyed or damaged damaged, and Lessor or Lessee repairs or restores them pursuant to the provisions of this ArticleParagraph, the rent payable under Paragraph 4 3 for the period during which such damage, repair repair, or restoration continues shall be abated in the proportion to that the degree to which Lessee's use area of the Premises is impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed rendered unusable by such damage bears to the total area of rent payable under Paragraph 4 for a period of six monthsthe Premises. Except for abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration.
Appears in 1 contract
Samples: Pacific Crest Capital Inc