Common use of ABATEMENT OF RENT; LESSEE'S REMEDIES Clause in Contracts

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 Section 8, the rent payable 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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, Lessee may, at Lessee’s option, cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement of such repair or restoration in such event this Lease shall terminate as of the date of such notice.

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 Section 8Article, the rent payable 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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such repair or restoration within ninety (90) 90 days after such obligation obligations shall accrue, Lessee may, may at Lessee’s option, option cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice. Any abatement in rent shall be computed as provided in Paragraph 9.5(a).

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the event of (i) Premises are partially destroyed Partial Damage or damaged and Lessor or (ii) Hazardous Substance Condition for which Lessee repairs or restores them pursuant to the provisions of this Section 8is not legally responsible, the rent Base Rent, Common Area Operating Expenses and other charges, if any, payable by Lessee hereunder for the period during which such damagedamage or condition, repair its repair, remediation or restoration continues continues, shall be abated in proportion to the degree to which Lessee’s 's use of the Premises is impaired; provided, however, that the aggregate amount but not in excess of abatement hereunder shall not exceed the total of rent payable proceeds from insurance required to be carried under Section 4 for a period of six monthsParagraph 8.3(b). Except for abatement of rentBase Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Lessee hereunder shall be performed by Lessee, and Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair repair, remediation or restoration. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such commence, in a substantial and meaningful way, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue, Lessee may, at Lessee’s option, cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement of such repair or restoration in such event this Lease shall terminate as restoration, give written notice to Lessor and to any Lenders of the date which Lessee has actual notice of such notice.Lessee's

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the event of (i) Premises are partially destroyed Partial Damage or damaged and Lessor or (ii) Hazardous Substance Condition for which Lessee repairs or restores them pursuant to the provisions of this Section 8is not legally responsible, the rent Base Rent, Common Area Operating Expenses and other charges, if any, payable by Lessee hereunder for the period during which such damagedamage or condition, repair its repair, remediation or restoration continues continues, shall be abated in proportion to the degree to which Lessee’s 's use of the Premises is impaired; provided, however, that the aggregate amount but not in excess of abatement hereunder shall not exceed the total of rent payable proceeds from Insurance required to be carried under Section 4 for a period of six monthsParagraph 8.3(b). Except for abatement of rentBase Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Lessee hereunder shall be performed by Lessee, and Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair repair, remediation or restoration. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such commence, in a substantial and meaningful way, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue, accrue Lessee may, at Lessee’s option, cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement 20 of such repair or restoration in such event this Lease shall terminate as of the date of such notice.47

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If the Lessor is obligated or elects to repair the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Section 8as provided above, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated abated, in proportion to the degree to which the Lessee’s '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 Section 4 for a period of six months. Except for abatement of rentsuch abatement, if any, the Lessee shall have no claim against the Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. In the event that the Lessor exercises its rights to continue the Lease as provided in Section 8.1 above, and less than one hundred percent (100%) of the Premises is usable by the Lessee, the rent will continue to be abated to the extent not repaired until the entire Premises is restored. (b) If the Lessor shall be is obligated or elects to repair or restore the Premises under the provisions of this Section 8 and shall as provided above, but does not commence such repair or restoration within ninety (90) days after such obligation shall accrueoccur, subject to any extension of up to another ninety (90) days for delays beyond the reasonable control of the Lessor, the Lessee may, at the Lessee’s 's option, cancel and terminate this Lease by giving the Lessor written notice of the Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration restoration, in such which event this Lease shall terminate as of the date of such noticedestruction.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (aA) If the Lessor is obligated or elects to repair the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Section 8as provided above, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated abated, in proportion to the degree to which the Lessee’s '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 Section 4 for a period of six months. Except for abatement of rentsuch abatement, if any, the Lessee shall have no claim against the Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. In the event that the Lessor exercises its rights to continue the Lease as provided in Section 8.1 above, and less than one hundred percent (100%) of the Premises is usable by the Lessee, the rent will continue to be abated to the extent not repaired until the entire Premises is restored. (bB) If the Lessor shall be is obligated or elects to repair or restore the Premises under the provisions of this Section 8 and shall as provided above, but does not commence continence such repair or restoration within ninety (90) days after such obligation shall accrueoccur, subject to any extension or up to another sixty (60) days for delays beyond the reasonable control of the Lessor, the Lessee may, at Lessee’s the lessee's option, cancel and terminate this Lease by giving the Lessor written notice of the Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration restoration, in such which event this Lease shall terminate as of the date of such noticedestruction.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the event of (i) Premises are partially destroyed Partial Damage or damaged and Lessor or (ii) Hazardous Substance Condition for which Lessee repairs or restores them pursuant to the provisions of this Section 8is not legally responsible, the rent Base Rent, Common Area Operating Expenses and other charges, if any, payable by Lessee hereunder for the period during which such damagedamage or condition, repair its repair, remediation or restoration continues continues, shall be abated in proportion to the degree to which Lessee’s 's use of the Premises is impaired; provided, however, that the aggregate amount but not in excess of abatement hereunder shall not exceed the total of rent payable proceeds from Insurance required to be carried under Section 4 for a period of six monthsParagraph 8.3(b). Except for abatement of rentBase Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Lessee hereunder shall be performed by Lessee, and Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair repair, remediation or restoration. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such commence, in a substantial and meaningful way, the repair or restoration of the Premises within ninety sixty (9060) days after such obligation shall accrue, accrue Lessee may, at Lessee’s option, cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement of such repair or restoration in such event this Lease shall terminate as restoration, give written notice to Lessor and to any Lenders of the date of such notice.which Lessee has

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If lime Lessor is obligated or elects to repair the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Section 8as provided above, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated abated, in proportion to the degree to which the Lessee’s use of the Premises is impaired; provided, however, that the aggregate amount period of abatement hereunder shall not exceed the total of rent payable under Section 4 for a period of six (6) months. Except for abatement of rentsuch abatement, if any, the Lessee shall have no claim against the Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. (b) If the Lessor shall be is obligated or elects to repair or restore the Premises under the provisions of this Section 8 and shall as provided above, but does not commence such repair or restoration within ninety (90) days after such obligation shall accrueoccur, subject to any extension or up to another sixty (60) days for delays beyond the reasonable control of the Lessor, the Lessee may, at the Lessee’s option, cancel and terminate this Lease by giving the Lessor written notice of the Lessee’s election to do so at any time prior to the commencement of such repair or restoration restoration, in such which event this Lease shall terminate as of the date of such noticedestruction.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If Lessor is obligated or elects to repair the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Section 8as provided above, the rent payable hereunder for the period during which such damage, from commencement until completion of repair or restoration continues shall be abated abated, in proportion to the degree to which Lessee’s use of the Premises is impaired; provided, however, that the aggregate amount period of abatement hereunder shall not exceed the total of rent payable under Section 4 for a period of six (6) months. Except for abatement of rentsuch abatement, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. (b) If Lessor shall be is obligated or elects to repair or restore the Premises under the provisions of this Section 8 and shall as provided above, but does not commence such repair or restoration within ninety (90) days after such obligation shall accrue, subject to an extension or up to another ninety (90) days for delays beyond the reasonable control of Lessor, Lessee may, at Lessee’s option, cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement of such repair or restoration restoration, in such which event this Lease shall terminate as of the date of such noticedestruction.

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 Section Paragraph 8, the rent Rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 4 for a period of six months. Except for abatement of rentRent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, destruction repair or restoration. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section Paragraph 8 and shall not commence such repair or restoration within ninety (90) days after such obligation obligations shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to within thirty (30) days following the commencement expiration of such repair or restoration in said ninety (90) day period. In such event this Lease shall terminate as of the date of such notice.

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 Section 8Paragraph, the rent payable hereunder under Paragraph 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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 8.1, or if Paragraph 8.2 hereof is applicable, and Lessor shall not commence have commenced such repair or restoration within ninety (90) days after such obligation shall accruedestruction or damage, or such repairs, in Lessee's opinion, cannot be completed within 120 days of the commencement of repair or alteration Lessee may, at Lessee’s 's option, cancel : (1) Cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event event, this Lease shall terminate as of the date of such noticenotice Any abatement in rent shall be computed as provided in Paragraph 8.4(a) hereof or, (2) Make such repairs or restoration and deduct the cost of such repairs or restoration from the rent due under Paragraph 3 hereof.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If Lessor is obligated or elects to repair the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Section 8as provided above, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated abated, in proportion to the degree to which the Lessee’s '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 Section 4 for a period of six months. Except for abatement of rentsuch abatement, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. In the event Lessor exercises its rights to continue the Lease as provided in Section 8.1 above, and less than one hundred percent (100%) of the Premises is usable by Lessee, the rent will continue to be abated to the extent not repaired until the entire Premises is restored. (b) If Lessor shall be is obligated or elects to repair or restore the Premises under the provisions of this Section 8 and shall as provided above, but does not commence such repair or restoration within ninety (90) days after such obligation shall accrueoccur, subject to any extension or up to another ninety (90) days for delays beyond the reasonable control of Lessor, Lessee may, at Lessee’s 's option, cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration restoration, in such which event this Lease shall terminate as of the date of such noticedestruction.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the Premises are partially destroyed event of damage described in Paragraphs 15.2 or damaged 15.3, and Lessor or Lessee repairs or restores them the Premises pursuant to the provisions provision of this Section 815, there shall be a reduction of the rent and all Common Area Charges and Taxes payable hereunder for equal to the period during which such proportion that the portion of the rentable area rendered untenable by the damage bears to the rentable area before the damage, repair or restoration continues shall be abated in proportion to from the degree to which Lessee’s use date of the Premises occurrence of the damage until the date when the repairs which Lessor is impaired; provided, however, that obligated to make are completed sufficiently to enable Lessee to operate his business in the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Section 4 for a period of six monthsPremises. Except for such abatement of rent, if anythe Rent, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 15 and shall not commence commenced such repair or restoration within ninety (90) days after such obligation obligations shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice.

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 Section 89, the Base Rent and the rent payable hereunder pursuant to the Additional Rent Provisions under 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 '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 Section 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. (b) If Lessor shall be is obligated to repair or restore the Premises under the provisions of this Section 8 9 and shall does not commence such repair or restoration within ninety thirty (9030) days after such obligation shall accrue, Lessee may, may at Lessee’s option, cancel and 's option terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the before commencement of such repair or restoration in such event this Lease shall terminate as of the date of such notice.DocuSign Envelope ID: 1BDF4748-CC58-412F-9575-A0FF2EDF2B1C

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If the Lessor is obligated or elects to repair the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Section 8as provided above, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated abated, in proportion to the degree to which the Lessee’s use of the Premises is impaired; provided, however, that the aggregate amount period of abatement hereunder shall not exceed the total of rent payable under Section 4 for a period of six twelve (12) months. Except for abatement of rentsuch abatement, if any, the Lessee shall have no claim against the Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. (b) If the Lessor shall be is obligated or elects to repair or restore the Premises under the provisions of this Section 8 and shall as provided above, but does not commence such repair or restoration within ninety (90) days after such obligation shall accrueoccur, subject to any extension or up to another sixty (60) days for delays beyond the reasonable control of the Lessor, the Lessee may, at the Lessee’s option, cancel and terminate this Lease by giving the Lessor written notice of the Lessee’s election to do so at any time prior to the commencement of such repair or restoration restoration, in such which event this Lease shall terminate as of the date of such noticedestruction.

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 Section 8Article, the rent payable hereunder 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 '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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such repair or restoration within ninety (90) 90 days after such obligation shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice. Any abatement in rent shall be computed as provided in Paragraph 9.5(a).

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 Section 8Paragraph 9, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such repair or restoration within ninety (90) 90 days after such obligation obligations shall accrue, in addition to _____ other rights or _____ Lessee may, may have Lessee may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If the Premises are partially destroyed or damaged damaged, and Lessor or Lessee repairs or restores them the Premises pursuant to the provisions of this Section 8Lease, the rent payable hereunder for the period in excess of six (6) months during which such damage, damage or repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 4 for a period of six four (4) months. Except for abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered loss which Lessee may suffer by reason of any such damage, destruction, damage or repair. There shall be no abatement of rent for the initial six (6) months period of such damage or repair or restorationwhich is covered by the rental insurance provided for in ss.7-31(a) of this Lease. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Lease and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, Lessee may, at Lessee’s 's option, cancel and terminate the Term of this Lease by giving Lessor written notice Notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in repair. In such event event, the Term of this Lease shall terminate as of the date of such noticeNotice.

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 Section 8Paragraph 9, the rent payable 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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such repair or restoration within ninety (90) 90 days after such obligation shall accrue, Lessee may, may at Lessee’s option, option cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice.

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 Section 8Paragraph 9, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9, and shall not commence such repair or restoration within ninety (90) days after such obligation obligations shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event event, this Lease shall terminate as of the date of such notice.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If 10.6.1 In the event of Premises are partially destroyed Partial Damage or damaged and Lessor Premises Total Destruction or Lessee repairs or restores them pursuant to the provisions of this Section 8a Hazardous Substance Condition, the rent Rent payable hereunder by Lessee for the period during which such damagerequired for the repair, repair remediation or restoration continues of such damage shall be abated in proportion to the degree to which Lessee’s use of the Premises is impaired; provided, however, that but not to exceed the aggregate amount proceeds received from the Rental Value Insurance. All other obligations of abatement Lessee hereunder shall not exceed the total of rent payable under Section 4 for a period of six months. Except for abatement of rentbe performed by Lessee, if any, Lessee and Lessor shall have no claim against Lessor liability for any damage suffered by reason of any such damage, destruction, remediation, repair or restorationrestoration except as provided herein. (b) 10.6.2 If Lessor shall be is obligated to repair or restore the Premises under the provisions of this Section 8 and shall does not commence commence, in a substantial and meaningful way, such repair or restoration within ninety (90) 30 days after such obligation shall accrue, Lessee may, at Lessee’s option, cancel and terminate this Lease by giving Lessor written notice of Lessee’s election to do so at any time prior to the commencement of such repair or restoration, give written notice to Lessor and to any Lenders of which Lessee has actual notice, of Lessee's election to terminate this Lease on a date not less than 60 days following the giving of such notice. If Lessee gives such notice and such repair or restoration in such event is not commenced within 30 days thereafter, this Lease shall terminate as of the date of such specified in said notice.. If the repair

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If the Lessor is obligated or elects to repair the Premises are partially destroyed or damaged and Lessor or Lessee repairs or restores them pursuant to the provisions of this Section 8as provided above, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated abated, in proportion to the degree to which the Lessee’s 's use of the Premises is impaired; provided, however, that the aggregate amount period of abatement hereunder shall not exceed the total of rent payable under Section 4 for a period of six (6) months. Except for abatement of rentsuch abatement, if any, the Lessee shall have no claim against the Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration. (b) If the Lessor shall be is obligated or elects to repair or restore the Premises under the provisions of this Section 8 and shall as provided above, but does not commence such repair or restoration within ninety (90) days after such obligation shall accrueoccur, subject to any extension or up to another sixty (60) days for delays beyond the reasonable control of the Lessor, the Lessee may, at the Lessee’s 's option, cancel and terminate this Lease by giving the Lessor written notice of the Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration restoration, in such which event this Lease shall terminate as of the date of such noticedestruction.

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 Section 8Paragraph 9, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9, and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, . Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice.

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 Section 8Article, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s 's use of the Leased Premises is impaired; provided, however, that the aggregate amount of abatement hereunder shall not exceed the total of rent payable under Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such repair or restoration within ninety (90) 90 days after such obligation obligations shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice. Any abatement in rent shall be computed as provided in Paragraph 9.5(a).

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 Section 8Paragraph 9, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such repair or restoration within ninety (90) 30 days after such obligation obligations shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice.

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 Section 8Paragraph 9, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 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. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 Paragraph 9 and shall not commence such repair or restoration within ninety (90) 90 days after such obligation shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of at Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice.

ABATEMENT OF RENT; LESSEE'S REMEDIES. (a) If In the Premises are partially destroyed or damaged and event Lessor or Lessee repairs or restores them the Premises pursuant to the provisions of this Section 8section, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee’s '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 Section 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, unless caused by Lessor. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Section 8 section and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, Lessee may, may at Lessee’s option, 's option cancel and terminate this Lease by giving Lessor written notice of Lessee’s 's election to do so at any time prior to the commencement of such repair or restoration in restoration. In such event this Lease shall terminate as of the date of such notice. (c) Lessee shall have the right of termination and abatement of rent should the Premises be destroyed so as to substantially affect the rights of Lessee under this Lease.