Common use of Abatement of Rent Limited Clause in Contracts

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3, the Base Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by Lessor, and (ii) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor and (b) in the event of a Casualty, the Base Rent shall be abated as follows: The Project Amount shall be reduced for the purposes of calculating Base Rent pursuant to Section 2.1 by subtracting therefrom, as applicable, the net amount of the insurance proceeds. For the purposes of this Section 2.6, the "net amount of the Award received by Lessor" shall mean the Award paid to Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").

Appears in 3 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

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Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3, the Base Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by Lessor, and (ii) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor and (b) in the event of a Casualty, the Base Rent shall be abated as follows: The Project Amount the Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 2.1 3.1 by subtracting therefrom, as applicable, the net amount of the insurance proceeds. For the purposes of this Section 2.63.7, the "net amount of the Award received by Lessor" shall mean the Award paid to Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").

Appears in 3 contracts

Samples: Facility Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.314.3 or in the event of a Casualty described in Section 13.1.1, the Base Rent shall be abated as follows: (ia) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by the Lessor, and ; (iib) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor the Lessor; and (bc) in the event of a CasualtyCasualty which is not the result of the gross negligence or willful misconduct of any member of the Leasing Group and which the Lessee is proceeding to restore in. accordance with the provisions of this Lease, by reducing the Base Rent shall be abated as follows: The Project Amount shall be reduced during the period the Lessee is unable to use the Leased Property for the purposes of calculating Base Rent pursuant to Section 2.1 Primary Intended Use by subtracting therefrom, as applicable, the net amount of rent loss and/or business interruption insurance received by the insurance proceedsLessor. For the purposes of this Section 2.63.8, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by the Lessor in connection therewith, and minus any amounts paid to or for the account of the Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount")circumstances.

Appears in 1 contract

Samples: Facility Lease Agreement (Alterra Healthcare Corp)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3, the Base Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by Lessor, and (ii) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor and (b) in the event of a Casualty, the Base Rent shall be abated as follows: The Project Amount the Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 2.1 3.1 by subtracting therefrom, as applicable, the net amount of the insurance proceeds. For the purposes of this Section 2.63.7, the "net amount of the Award received by Lessor" shall mean the Award paid to Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").28

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.314.3 or in the event of a Casualty described in Section 13.1.1, the Base Rent shall be abated as follows: (iA) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by the Lessor, and ; (iiB) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor the Lessor; and (bC) in the event of a CasualtyCasualty which is not the result of the gross negligence or willful misconduct of any member of the Leasing Group and which the Lessee is proceeding to restore in accordance with the provisions of this Lease, by reducing the Base Rent shall be abated as follows: The Project Amount shall be reduced Rent, during the period the Lessee is unable to use the Leased Property for the purposes of calculating Base Rent pursuant to Section 2.1 Primary Intended Use by subtracting therefrom, as applicable, the net amount of rent loss and/or business interruption insurance received by the insurance proceedsLessor. [MN ONLY: TENANT HEREBY WAIVES THE PROVISIONS OF MINNESOTA SECTION 504.05.] For the purposes of this Section 2.63.8, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by the Lessor in connection therewith, and minus any amounts paid to or for the account of the Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount")circumstances.

Appears in 1 contract

Samples: Facility Lease Agreement (Alternative Living Services Inc)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3, the Base Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by Lessor, and (ii) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor and (b) in the event of a Casualty, the Base Rent shall be abated as follows: The Project Amount the Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 2.1 3.1 by subtracting therefrom, as applicable, the net amount of the insurance proceeds. For the purposes of this Section 2.63.7, the "net amount of the Award received by Lessor" shall mean the Award paid to Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").in

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.314.3 or in the event of a Casualty described in Section 13.1.1, the Base Rent shall be abated as follows: (iA) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by the Lessor, and ; (iiB) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor the Lessor; and (bC) in the event of a CasualtyCasualty which is not the result of the gross negligence or willful misconduct of any member of the Leasing Group and which the Lessee is proceeding to restore in accordance with the provisions of this Lease, by reducing the Base Rent shall be abated as follows: The Project Amount shall be reduced during the period the Lessee is unable to use the Leased Property for the purposes of calculating Base Rent pursuant to Section 2.1 Primary Intended Use by subtracting therefrom, as applicable, the net amount of rent loss and/or business interruption insurance received by the insurance proceedsLessor. For the purposes of this Section 2.63.6, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by the Lessor in connection therewith, and minus any amounts paid to or for the account of the Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount")circumstances.

Appears in 1 contract

Samples: Facility Lease Agreement (Alternative Living Services Inc)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3, the Base Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by Lessor, and (ii) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor Xxxxxx and (b) in the event of a Casualty, the Base Rent shall be abated as follows: The Project Amount the Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 2.1 3.1 by subtracting therefrom, as applicable, the net amount of the insurance proceeds. For the purposes of this Section 2.63.7, the "net amount of the Award received by Lessor" shall mean the Award paid to Lessor or LessorXxxxxx's mortgagee on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee Xxxxxx to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

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Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3, the Base Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the ofthe Award received by Lessor, and (ii) in the case of such ofsuch a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor and (b) in the event of a Casualty, the Base Rent shall be abated as follows: The Project Amount the Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 2.1 3.1 by subtracting therefrom, as applicable, the net amount of the insurance proceeds. For the purposes of this ofthis Section 2.63.7, the "net amount of the ofthe Award received by Lessor" shall mean the Award paid to Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").. 24

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.314.3 or in the event of a Casualty described in Section 13.1.1, the Base Rent shall be abated as follows: (iA) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by the Lessor, and ; (iiB) in the case of such a temporary Taking, by reducing the Base Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor the Lessor; and (bC) in the event of a CasualtyCasualty which is not the result of the gross negligence or willful misconduct of any member of the Leasing Group and which the Lessee is proceeding to restore in accordance with the provisions of this Lease, by reducing the Base Rent shall be abated as follows: The Project Amount shall be reduced Rent, during the period the Lessee is unable to use the Leased Property for the purposes of calculating Base Rent pursuant to Section 2.1 Primary Intended Use by subtracting therefrom, as applicable, the net amount of rent loss and/or business interruption insurance received by the insurance proceedsLessor. For the purposes of this Section 2.63.8, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by the Lessor in connection therewith, and minus any amounts paid to or for the account of the Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount")circumstances.

Appears in 1 contract

Samples: Facility Lease Agreement (Alternative Living Services Inc)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- ---------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3Sections 14.3 and 14.6, the Base Minimum Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount shall be reduced for the purposes of calculating Base Minimum Rent pursuant to Section 3.1 2.1 by subtracting therefrom, as applicable, the net amount of the Award received by Lessor, and (ii) in the case of such a temporary Taking, by reducing the Base Minimum Rent for the period of such a temporary Taking, by the net amount of the Award received by Lessor and (b) in the event of a Casualty, the Base Minimum Rent shall be abated as follows: The Project Amount shall be reduced for the purposes of calculating Base Minimum Rent pursuant to Section 2.1 by subtracting therefrom, as applicable, the net amount of the insurance proceeds. For the purposes of this Section 2.62.5, the "net amount of the Award received by Lessor" shall mean the Award paid to Lessor or Lessor's mortgagee a Facility Mortgagee (as defined below) on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee a Facility Mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Abatement of Rent Limited. There shall be no abatement of Rent on ------------------------- account of any Casualty, Taking or other event, except that (a) in the event of a partial Taking or a temporary Taking as described in Section 14.3, the Base Rent shall be abated as follows: (i) in the case of such a partial Taking, the Project Amount Meditrust Investment shall be reduced for the purposes of calculating Base Rent pursuant to Section 3.1 by subtracting therefrom, as applicable, the net amount of the Award received by Lessor, and (ii) in the case of such a temporary Taking, by reducing the Base Rent for the period of such ofsuch a temporary Taking, by the net amount of the ofthe Award received by Lessor and (b) in the event of a Casualty, the Base Rent shall be abated as follows: The Project Amount the Meditrust Investment shall be reduced for the purposes of calculating ofcalculating Base Rent pursuant to Section 2.1 3.1 by subtracting therefrom, as applicable, the net amount of the ofthe insurance proceeds. For the purposes of this ofthis Section 2.63.7, the "net amount of the ofthe Award received by Lessor" shall mean the Award paid to Lessor or Lessor's mortgagee on account of such Taking, minus all costs and expenses incurred by Lessor in connection therewith, and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Taking in order to create a viable and functional Facility under all of the circumstances ("Net Award Amount") and the "net amount of the ofthe insurance proceeds" shall mean the insurance proceeds paid to Lessor or Lessor's mortgagee on account of such Casualty, minus all costs and expenses incurred by Lessor in connection therewith and minus any amounts paid to or for the account of Lessee to reimburse for the costs and expenses of reconstructing the Facility following such Casualty in order to create a viable and functional Facility under all of the circumstances ("Net Proceeds Amount").. 25

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

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