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 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: (a) in the case of such a partial Taking, Base Rent then due during the Lease Year in which such Taking occurs shall be reduced to equal the product of (i) the then current Base Rent multiplied by (ii) the difference between one minus a fraction the numerator of which is the Award, the denominator of which is the Fair Market Value of the Leased Property, and (b) 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 the Lessor. For the purposes of this Section 3.8, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor 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.

Appears in 4 contracts

Samples: 102 Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp)

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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 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: (a) in the case of such a partial Taking, Base Rent then due during the Lease Year in which such Taking occurs shall be reduced to equal the product of (i) the then current Base Rent multiplied by (ii) the difference between one minus a fraction the numerator of which is the Award, the denominator of which is the Fair fair Market Value of the Leased Property, and (b) 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 the Lessor. For the purposes of this Section 3.8, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor 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.

Appears in 2 contracts

Samples: Development Agreement (Standish Care Co), Development and Turnkey Services Agreement (Standish Care Co)

Abatement of Rent Limited. There shall be no abatement of Rent on account of any Casualty, Taking or other event, except that 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: (a) in the case of such a partial Taking, Base Rent then due during the Lease Year in which such Taking occurs shall be reduced to equal the product of (i) the then current Base Rent multiplied by (ii) the difference between one minus a fraction the numerator of which is the Award, the denominator of which is the Fair Market Value of the Leased Property, and (b) 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 the Lessor. For the purposes of this Section 3.83.6, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor 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.

Appears in 1 contract

Samples: Facility Lease Agreement (Carematrix Corp)

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Abatement of Rent Limited. There shall be no abatement of Rent on account of any Casualtycasualty, Taking or other event, except that in the event of a partial Taking or a temporary Taking as described in Section 14.315.4, the Base Rent shall be abated as follows: (a) in the case of such a partial Taking, Base Rent then due during the Lease Year in which such Taking occurs Total Purchase Price shall be reduced to equal for the product purposes of (i) the then current calculating Base Rent multiplied pursuant to Section 3.1(a) or the Put Price pursuant to Section 17.7.2. or the Option Price pursuant to Section 19.4 by (ii) the difference between one minus a fraction the numerator of which is the Awardsubtracting therefrom, as applicable, the denominator of which is the Fair Market Value net amount of the Leased PropertyAward received by Lessor, and (b) 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 the Lessor. For the purposes of this Section 3.83.7, the "net amount of the Award received by the Lessor" shall mean the Award paid to the Lessor on account of at 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 by Lessor 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.

Appears in 1 contract

Samples: And Attornment Agreement (Iasis Healthcare Corp)

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