Common use of Abatement of Rent; Tenant’s Remedies Clause in Contracts

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired. Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusion, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualty, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualty, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth above. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage a casualty or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleresponsible under this Lease, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired. Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired, but not in excess of proceeds from insurance required to be carried under Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due (subject to the duration remaining rights of repair as that set forth above. herein) “Commencecommence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first. (c) In the event of any damage which affects the Premises or the Building outside the boundaries of the Premises, Landlord will, within thirty (30) days following the date of the damage, deliver to Tenant an estimate of the time necessary to repair the damage in question such that the Premises may be used by and accessible to Tenant and the Building and Common Areas; such notice will be based upon the review and opinions of Landlord’s architect and contractor (“Landlord’s Repair Notice”). If the Premises are damaged by fire or other casualty and are rendered not reasonably usable for Tenant’s business purposes thereby, or if the Building shall be so damaged that Tenant shall be deprived of reasonable access to the Premises, and if, pursuant to Landlord’s Repair Notice, the restoration shall not be substantially completed on or before the date which shall be nine (9) months following the date of such damage or destruction, Tenant shall have the right to terminate this Lease (with respect to the affected Floors only, or the entire Premises, at Tenant’s option) by giving written notice (the “Termination Notice”) to Landlord not later than thirty (30) days following receipt of Landlord’s Repair Notice. If Tenant gives a Termination Notice, this Lease shall be deemed cancelled and terminated as of the date of the damage as if such date were the Expiration Date, and Rent shall be apportioned and shall be paid or refunded, as the case may be up to and including the date of such damage or destruction. Notwithstanding the foregoing, if Tenant was entitled to but elected not to exercise its right to terminate this Lease and Landlord does not substantially complete the repair and restoration of the Premises within two (2) months after the expiration of the estimated period of time set forth in Landlord’s Repair Notice, which period shall be extended to the extent of any delays caused by Tenant, then Tenant may terminate this Lease by written notice to Landlord within thirty (30) days after the expiration of such period, as the same may be so extended.

Abatement of Rent; Tenant’s Remedies. (a) 8.5.1. In the event Landlord repairs or restores the Building or Premises pursuant to the provisions of Section 8, and any part of the Premises are not useable (i) Premises Partial Damage including loss of use due to loss of access or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleessential services), the Base Rent, Common Area rent payable hereunder (including Tenant's Share of Operating Expenses and other charges, if any, payable by Tenant hereunder Expenses) for the period during which such damage or conditiondamage, its repair, remediation repair or restoration continues, continues shall be abated in proportion abated, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be to the degree to which Tenant’s use extent of the pro-rata share of the Premises that is impairedadversely affected. Except for said abatement of Base Rent, Common Area Operating Expenses and other chargesrent, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration, unless caused by Landlord's gross negligence or willful misconduct. (b) 8.5.2. If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 Section 8 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration lenders and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “"Commence” " as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs firstfirst occurs.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage an casualty or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleresponsible under the terms of this Lease, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of or access to the Premises is impaired. Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) damage described in Paragraphs 9.2, 9.3 or 9.5 and Landlord or Tenant repairs or restores the Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsiblepursuant to the provisions of Paragraph 9, the Base Rent, Common Area Operating Expenses and other charges, if any, rent payable by Tenant hereunder for the period during which such damage or conditiondamage, its repair, remediation repair or restoration continues, continues shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impairedimpaired to the extent Landlord receives proceeds from rent abatement insurance. Except for abatement of Base Rent, Common Area Operating Expenses and other chargesrent, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusion, the commence such repair or restoration within 90 days after such obligations shall accrue, Tenant may at Tenant's option cancel and terminate this Lease by giving Landlord written notice of Tenant'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. In the event that Landlord shall be obligated to repair or restore the Premises pursuant to Paragraph 9 of this Lease and shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue or it is reasonably determined that accrue, the repairs will take longer than 360 days after the casualty, right of Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualty, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice pursuant to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth above. “Commence” as used in this Paragraph 9.6 (b) shall mean either be the unconditional authorization sole right and remedy of the preparation of the required plansTenant against Landlord, and Landlord shall have no other liability to Tenant, for damages, specific performance or the beginning of the actual work on the Premisesotherwise, whichever occurs firstin connection with any such failure.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired, but not in excess of proceeds from insurance required to be carried under Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impaired, but not in excess of proceeds from insurance required to be carried under Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth above. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.full

Abatement of Rent; Tenant’s Remedies. (a) 16.5.1. In the event of (i) Premises Partial Damage described in Section 16.2, whether or (ii) Hazardous Substance Condition for which not Landlord or Tenant is not legally responsiblerepairs or restores the Premises, the Base Rent, Common Area Operating Expenses and other charges, if any, Rent payable by Tenant hereunder for the period during which such damage or conditiondamage, its repair, remediation repair or the restoration continues, or prior to a determination about whether it will be repaired or restored, shall be abated in proportion to the degree to which Tenant’s use of the Demised Premises is impaired, conditioned, however, upon Landlord’s receipt of the proceeds of the rental interruption insurance required to be maintained by Tenant under Section 18 of this Lease during the pendency of any such abatement. Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, Rent as aforesaid, all other obligations of Tenant hereunder shall be performed by TenantTenant to the extent practicable, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration. (b) 16.5.2. If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 Section 16 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Demised Premises within ninety (90) days after such obligation shall accrue as soon as reasonably practicable, but in any event on or it is reasonably determined that before the repairs will take longer than 360 days after the casualtyRestoration Commencement Date, Tenant may, at any time within twenty (20) days after notice of the time to repair or Restoration Commencement Date but prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrepair, give written notice to Landlord and to any Lenders holders of any mortgages, deeds of trust or ground leases on the Demised Premises (“Lenders”) of which Tenant has actual or constructive notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced in a substantial and meaningful way within thirty sixty (3060) days after receipt of such notice, this Lease shall terminate as of the date specified in said noticeend of such sixty (60) day period. If Landlord or a Lender commences the repair or restoration of the Premises in a substantial and meaningful way within thirty sixty (3060) days after the receipt of such notice, this the Lease shall continue in full force and effect unless terminated due to effect. 16.5.3. In the duration event of repair Damage described in Section 16.2 or 16.3 which is solely the result of Landlord’s active negligence or willful misconduct, and which prevents Tenant from conducting regular business on the Demised Premises, Rent shall be abated as set forth in Section 16.5.1, above, and Landlord shall be responsible for Tenant’s damages directly caused by such active negligence or willful misconduct. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization The abatement of Rent and Landlord’s liability for Tenant’s damages are conditioned upon Landlord’s receipt of the preparation proceeds of the rental interruption insurance which Tenant is required plansto maintain pursuant to Section 18.4 of this Lease, unless such rental interruption insurance and proceeds are not-available due solely to the fact that the Damage was caused by Landlord’s sole active negligence or the beginning of the actual work on the Premises, whichever occurs firstwillful misconduct.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired. Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety forty-five (9045) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impaired, but not in excess of proceeds from insurance required to be carried under Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “Commence” "COMMENCE" as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, continues shall be abated in proportion to the degree to which Tenant’s Tenants use of the Premises is impaired, but not in excess of proceeds from insurance required to be carried under Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, any as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is Is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in In said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in In full force and effect unless terminated due (subject to the duration remaining rights of repair as that set forth aboveherein). “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event Landlord repairs or restores the Building or Premises pursuant to the provisions of this Article 18, and any part of the Premises are not usable (i) Premises Partial Damage including loss of use due to loss of access or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleessential services), the Base Rent, Common Area rent payable hereunder (including Tenant's Share of Operating Expenses and other charges, if any, payable by Tenant hereunder Expenses) for the period during which such damage or conditiondamage, its repair, remediation or restoration continues, continues shall be abated in proportion to the degree to which Tenant’s use amount of Rentable Area of the Premises that is impairednot usable, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be to the extent the operation and profitability of Tenant's business as operated from the Premises is adversely affected. Except for said abatement of Base Rent, Common Area Operating Expenses and other chargesrent, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 Article 18 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration lenders and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “"Commence” " as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs firstfirst occurs.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition in the Premises for which Tenant is not legally responsible, the Base Rent, ; and Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impaired, but not in excess of proceeds from insurance carried by Landlord as required in Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all All other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusion, commence the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “"Commence” " as used in this Paragraph 9.6 9.6(b) shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first. (c) Notwithstanding anything herein to the contrary, (i) Landlord shall have no repair obligations hereunder and (ii) Tenant shall have no termination rights hereunder, during the occurrence and continuation of a Default hereunder by Tenant.

Abatement of Rent; Tenant’s Remedies. (a) 8.5.1 In the event Landlord repairs or restores the Building or Premises pursuant to the provisions of Section 8, and any part of the Premises are not useable (i) Premises Partial Damage including loss of use due to loss of access or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleessential services), the Base Rent, Common Area rent payable hereunder (including Tenant's Share of Operating Expenses and other charges, if any, payable by Tenant hereunder Expenses) for the period during which such damage or conditiondamage, its repair, remediation repair or restoration continues, continues shall be abated in proportion abated, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be to the degree to which extent the operation and profitability of Tenant’s use of 's business as operated from the Premises is impairedadversely affected. Except for said abatement of Base Rent, Common Area Operating Expenses and other chargesrent, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration. (b) 8.5.2 If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 Section 8 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration lenders and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “"Commence” " as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs firstfirst occurs.

Abatement of Rent; Tenant’s Remedies. (a) In the event the damage described in Section 9.1 of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant this Lease is not legally responsibleto be restored, the Base Rent, Common Area Operating Expenses Real Property Taxes, insurance premiums, and other charges, if any, payable by Tenant hereunder for the period during which such damage or conditiondamage, its repair, remediation repair or the restoration continuescontinues (not to exceed the period and amount for which rental value insurance is provided or paid for by Tenant), shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impaired. Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated or has elected to repair or restore the Premises under the provisions of this Paragraph 9 Section 9.1 and shall not commence, in a substantial and meaningful way way, and prosecute thereafter diligently to conclusion, pursue the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it such election is reasonably determined that the repairs will take longer than 360 days after the casualtymade, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such noticenotice and thereafter diligently pursued, this Lease shall terminate as of on the date specified in said noticenotice as of the date of the casualty. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “"Commence” " as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs firstfirst occurs, provided repairs and restoration are thereafter diligently pursued to completion.

Abatement of Rent; Tenant’s Remedies. (a) 8.5.1 In the event Landlord repairs or restores the Building or Premises pursuant to the provisions of Section 8, and any part of the Premises are not useable (i) Premises Partial Damage including loss of use due to loss of access or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleessential services), the Base Rent, Common Area rent payable hereunder (including Tenant's Share of Operating Expenses and other charges, if any, payable by Tenant hereunder Expenses) for the period during which such damage or conditiondamage, its repair, remediation repair or restoration continues, continues shall be abated in proportion abated, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be to the degree to which extent the operation and profitability of Tenant’s use of 's business as operated from the Premises is impairedadversely affected. Except for said abatement of Base Rent, Common Area Operating Expenses and other chargesrent, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration. (b) 8.5.2 If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 Section 8 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration lenders and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “"Commence” " as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs firstfirst occurs. 8.5.3 Tenant agrees to cooperate with Landlord in connection with any such restoration and repair, including but not limited to the approval and/or execution of plans and specifications required.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired, but not in excess of proceeds from insurance required to be carried under Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due (subject to the duration remaining rights of repair as that set forth aboveherein). “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event Landlord repairs or restores the Building or Premises pursuant to the provisions of this paragraph 9, and any part of the Premises are not usable (i) Premises Partial Damage including loss of use due to loss of access or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleessential services), the Base Rent, Common Area Rent payable hereunder (including Tenant's Share of Operating Expenses and other charges, if any, payable by Tenant hereunder Expense Increase) for the period during which such damage or conditiondamage, its repair, remediation repair or restoration continues, continues shall be abated in proportion abated, on a PRO RATA basis upon the extent Tenant is unable to use the degree Premises, provided, however, if the Broadcast Suite is not fully operable Tenant shall be entitled to which Tenant’s an abatement for the entire Broadcast Suite and if at least fifty percent (50%) of any Office Suite floor is not usable. Tenant shall be entitled to an abatement of such entire floor, as applicable, until the repair or restoration is completed or Tenant recommences use of the Premises is impairedPremises, whichever occurs first, provided the damage was not the result of the negligence or willful misconduct of Tenant. Except for aid abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration. (b) If Landlord shall be obligated to repair or restore the Premises or the Building under the provisions of this Paragraph paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusion, the commence such repair or restoration of the Premises within ninety (90) days after such obligation occurrence, or if Landlord shall accrue or it is reasonably determined that not complete the repairs will take longer than 360 days restoration and repair within six (6) months after the casualtysuch occurrence, Tenant may, may at Tenant's option cancel and terminate this Lease by giving Landlord written notice of Tenant's election to do so at any time within twenty (20) days after notice of the time to repair or prior to the commencement or completion, respectively, of such repair or restoration after ninety (90) days after the casualty, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of restoration. In such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, event this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice. (c) Tenant agrees to cooperate with Landlord in connection with any such restoration and repair, including but not limited to the approval or execution of plans and specifications if required. (d) If any time during the term of this Lease there is damage, whether or not it is an Insured Loss, that falls into the classification of either (i) Premises Damage, or (ii) Office Building Project Total Destruction, and Landlord elects to repair such damage, and only in the event that after the expiration of a twelve (12) month period from the date of such loss Landlord has not completed such restoration, then Tenant shall thereafter have the right to terminate this Lease by giving written notice to Landlord at any time prior to completion of such improvements, of Tenant's intention to cancel and terminate this Lease, in which case this Lease shall continue in full force and effect unless terminated due to the duration of repair terminate as set forth above. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation date of the required plans, or the beginning of the actual work on the Premises, whichever occurs firstsuch notice.

Abatement of Rent; Tenant’s Remedies. (a) 8.5.1. In the event Landlord repairs or restores the Building or Premises pursuant to the provisions of Section 8, and any part of the Premises are not useable (i) Premises Partial Damage including loss of use due to loss of access or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleessential services), the Base Rent, Common Area rent payable hereunder (including Tenant's Share of Operating Expenses and other charges, if any, payable by Tenant hereunder Expenses) for the period during which such damage or conditiondamage, its repair, remediation repair or restoration continues, continues shall be abated in proportion abated, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be to the degree to which Tenant’s use extent of the pro-rata share of the Premises that is impairedadversely affected. Except for said abatement of Base Rent, Common Area Operating Expenses and other chargesrent, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration, unless caused by Landlord's gross negligence or willful misconduct. (b) 8.5.2. If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 Section 8 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration lenders and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “Commence” "COMMENCE" as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs firstfirst occurs.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsibleUnless this Lease terminates in accordance with this Paragraph 9, the Base Rent, Common Area Operating Expenses and other charges, if any, rent payable by Tenant hereunder for the period during which such damage or conditiondamage, its repair, remediation repair or restoration continues, continues shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impairedimpaired to the extent Landlord receives proceeds from rent abatement insurance (or would have received those proceeds if it had maintained the insurance called for under Paragraph 8.3(b)). Except for abatement of Base Rent, Common Area Operating Expenses and other chargesrent, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation repair or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusion, the commence such repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, may at Tenant's option cancel and terminate this Lease by giving Landlord written notice of Tenant's election to do so at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice. In the event that Landlord shall be obligated to repair or restore the Premises pursuant to Paragraph 9 of this Lease and shall not commence such repair or restoration after within ninety (90) days after such obligation shall accrue, the casualty, give written notice to Landlord and to any Lenders right of which Tenant has actual notice of Tenant’s election to terminate this Lease on a pursuant to this Paragraph 9.5(b) shall be the sole right and remedy of Tenant against Landlord, and Landlord shall have no other liability to Tenant, for damages, specific performance or otherwise, in connection with any such failure. (c) Landlord shall promptly (in any event, within 30 days after becoming aware of any damage) notify Tenant in writing as to how long it will take to substantially restore the damage under the provisions of this paragraph 9 as estimated by Landlord's architect and/or contractor. Landlord's failure to so notify Tenant within such 30 day period, where such failure continues for an additional 10 days after notice thereof from Tenant, shall if Tenant so chooses be deemed to be the contractor's determination that such restoration will take longer than 270 days (measured from the date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in casualty). <PAGE> -36- (d) If any repair or restoration under the provisions of this Paragraph 9 is estimated by Landlord's architect or contractor to take more than 270 days from the event of damage to complete, either party at such party's election, may cancel and terminate this Lease by giving the other party written notice of the electing party's election to do so at any time prior to the commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of restoration. In such noticeevent, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth above. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impaired,. Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s 's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “"Commence” " as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

Abatement of Rent; Tenant’s Remedies. (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Tenant is not legally responsible, the Base Rent, any applicable Common Area Operating Expenses and other charges, if any, payable by Tenant hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired. impaired and until the date such that the possession of the affected area is tendered to Tenant with such impaired condition fully remedied Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Tenant hereunder shall be performed by Tenant, and Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration., (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way and prosecute diligently to conclusionway, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue or it is reasonably determined that the repairs will take longer than 360 days after the casualtyaccrue, Tenant may, at any time within twenty (20) days after notice of the time to repair or prior to the commencement of such repair or restoration after ninety (90) days after the casualtyrestoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice of Tenant’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such Lenders because of the delay in commencement of the repair and restoration and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Landlord or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect unless terminated due to the duration of repair as set forth aboveeffect. “Commence” as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.