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 (including loss of use due to loss of access or essential services), the rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, 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 rent, if any Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration. (b) If Landlord shall be obligated to repair or restore the Premises or the Building under the provisions of this Paragraph 9 and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months after such occurrence, 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 or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date 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 and/or execution of plans and specifications required.
Appears in 3 contracts
Samples: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)
Abatement of Rent; Tenant’s Remedies. (a) In If the event Premises are destroyed or damaged and Landlord repairs or restores the Building or Premises pursuant to the provisions of this paragraph 9Article, Tenant shall continue the operation of its business in the Premises to the extent reasonably practicable from the standpoint of prudent business management, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Minimum Rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be abated in proportion to the extent the operation and profitability of degree to which Tenant’s business as operated from use of the Premises is adversely affectedimpaired. Except for said There shall be no abatement of rentany additional rent payable hereunder, if any and Tenant shall have no claim against Landlord for any damage suffered by Tenant by reason of any such damage, destruction, repair or restoration. Tenant waives the provision of Civil Code Sections 1932(2) and 1933(4) and any present or future laws or case decisions to the same effect.
(b) If Landlord shall be obligated to repair or restore the Premises or the Building under the provisions of this Paragraph 9 Article and shall not commence such repair or restoration within ninety thirty (9030) days after such occurrence, or if Landlord obligation shall not complete the restoration and repair within six accrue (6) months after such occurrenceas described below), Tenant may at Tenant’s its option cancel and terminate this Lease lease as of the date of occurrence of such damage by giving Landlord written notice of Tenant’s its election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event Notwithstanding the foregoing, this Lease lease shall not terminate as if, within ten (10) days following receipt of Tenant’s written notice to terminate the lease Landlord commences repair or restoration of the date Premises. Landlord’s obligation to commence repairs or restoration shall be deemed to accrue on the later of (i) receipt by Landlord of any governmental permit or approval necessary to commence such noticework or (ii) settlement of any insurance claim with respect to such casualty.
(c) 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.
Appears in 2 contracts
Samples: Lease (Guess Inc), Lease (Guess Inc)
Abatement of Rent; Tenant’s Remedies. (a) In If the event Leased Premises are partially destroyed or damaged and Landlord or Tenant repairs or restores the Building or Premises them pursuant to the provisions of this paragraph 9, and any part of the Premises are not usable (including loss of use due to loss of access or essential services)Article, the rent payable hereunder (including Tenant’s Share of Operating Expense Increase) under Article 4 and all other payments Tenant is obligated to pay under this Lease for the period during which such damage, repair repair, or restoration continues shall be abated, provided (1) abated in proportion to the damage was not the result degree to which Tenant's use of the negligence of TenantLeased Premises is impaired; provided, and (2) however, that in no case shall such abatement shall only be to less than if the extent abatement was calculated pro rata based on the operation and profitability amount of Tenant’s business as operated from the Premises is adversely affectedsquare footage damaged or destroyed. Except for said abatement of rent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair, or restoration, unless such damage or destruction was caused by a willful act of Landlord, or such repair or restorationrestoration was performed in a negligent or willfully dangerous or unstable manner.
(b) If Landlord shall be obligated to repair or restore the Leased Premises or the Building under the provisions of this Paragraph 9 7.0 and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord obligation shall not complete the restoration and repair within six (6) months after such occurrenceaccrue, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date of such noticethe casualty.
(c) 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.
Appears in 1 contract
Samples: Lease (Hawker Pacific Aerospace)
Abatement of Rent; Tenant’s Remedies. (a) In 9.5.1 If, in the event of Premises Damages, 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 (including loss of use due to loss of access or essential services), the rent payable hereunder (including Tenant’s Share of Operating Expense IncreaseExpenses) for the period during which such damage, repair or restoration continues shall be abated, provided (1i) the damage was not the result of the negligence of Tenant, and (2ii) such abatement shall only be to the extent (i.e., shall be based upon the proportion that the rentable square feet of the Premises which is unuseable because of such damage bears to the total rentable square feet of the Premises) and only for the period of time that the operation and profitability of Tenant’s business as operated from the Premises is adversely affected. Except for said abatement of rent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) 9.5.2 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 such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months after Landlord commences such occurrencerepair or restoration, 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 or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
(c) 9.5.3 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.
Appears in 1 contract
Abatement of Rent; Tenant’s Remedies. (a) In the event Landlord repairs or restores the Building or Premises Premises, pursuant to the provisions of this paragraph 9Paragraph 18, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) the damage was not the result of the negligence of Tenant, ; and (2) such abatement shall only be to the extent of the operation actual proceeds received by Landlord under any rental value insurance required to be maintained by Landlord under this Lease and profitability of Tenant’s business as operated from only to the Premises is adversely affectedextent such proceeds are allocable in Landlord's reasonable judgment to the Premises. Except for said abatement of rentRent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) If Landlord shall be obligated to repair or restore the Premises or the Building Building, under the provisions of this Paragraph 9 18, and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months after such occurrence, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date 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 and/or execution of plans and specifications required.
Appears in 1 contract
Samples: Development Agreement (Nz Corp)
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 (including loss of use due to loss of access or essential services), the rent payable hereunder (including Tenant’s 's Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, 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 's business as operated from the Premises is adversely affected. Except for said abatement of rent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) If Landlord shall be obligated to repair or restore the Premises or the Building under the provisions of this Paragraph 9 and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months after such occurrence, Tenant may at Tenant’s 's option cancel and terminate this Lease Lease, by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date 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 and/or execution of plans and specifications required.
Appears in 1 contract
Abatement of Rent; Tenant’s Remedies. (a) In the event of damage described in paragraphs 11.2 or 11.3, and Landlord or Tenant repairs or restores the Building or Premises pursuant to the provisions of this paragraph 911, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) equitably abated on the damage was not damaged building in proportion to the result degree to which Tenant's use 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 building is adversely affectedprevented. Except for said abatement of rentRent, if any any, Tenant shall have no claim against Landlord for any loss or damage including, without limitation, loss of business suffered by reason of any such damage, destruction, repair or restoration.
(b) If Landlord shall be obligated obligated, or otherwise elects, to repair or restore the Premises or the Building under the provisions of this Paragraph 9 paragraph 11 and shall not commence such repair or restoration within ninety (90) days a reasonable period of time after the casualty, with due consideration given to adjustment of loss, plans and governmental approvals, subject to reasonable extension for Force Majeure beyond Landlord's control or because it is otherwise impracticable for Landlord to commence repairs within such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months after such occurrencetime period, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date 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 and/or execution of plans and specifications required.
Appears in 1 contract
Samples: Lease (National Information Group)
Abatement of Rent; Tenant’s Remedies. (ai) In the event If Landlord repairs or restores the Building or Premises pursuant to the provisions of this paragraph 9Section 6.2, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Base Rent and Additional Rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, 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 rentRent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(bii) If Landlord shall be obligated to repair or restore the Premises or the Building under the provisions of this Paragraph 9 Section 6.2 and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six twelve (612) months after such occurrence, 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 or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
(ciii) Tenant agrees to cooperate with Landlord in connection with any such restoration and repair, including but not limited to to, the approval and/or execution of plans and specifications required.
Appears in 1 contract
Samples: Building Lease (Health Grades Inc)
Abatement of Rent; Tenant’s Remedies. (a) In the event Landlord repairs or restores the Building or Premises Premises, pursuant to the provisions of this paragraph 9Paragraph 18, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) the damage was not the result of the negligence of Agreement No._________ Tenant, ; and (2) such abatement shall only be to the extent of the operation actual proceeds received by Landlord under any rental value insurance required to be maintained by Landlord under this Lease and profitability of Tenant’s business as operated from only to the Premises is adversely affectedextent such proceeds are allocable in Landlord's reasonable judgment to the Premises. Except for said abatement of rentRent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) If Landlord shall be obligated to repair or restore the Premises or the Building Building, under the provisions of this Paragraph 9 18, and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months after such occurrence, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date 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 and/or execution of plans and specifications required.
Appears in 1 contract
Samples: Development Agreement (Nz Corp)
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 Paragraph 9, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Rent payable hereunder (including Tenant’s 's Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) the damage was not the result of the negligence or willful misconduct of Tenant, and (2) such abatement shall only be to the extent the operation and profitability of Tenant’s 's business as operated from the Premises is adversely affected. Except for said abatement of rentRent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration. Any disputes regarding eligibility for abatement shall be settled in accordance with Paragraph 52 of this Lease.
(b) If Landlord shall be obligated to repair or restore the Premises or the Building under the provisions of this Paragraph 9 and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months after such occurrence, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
(c) Tenant agrees to take commercially reasonable measures to cooperate with Landlord in connection with any such restoration and repair, including but not limited to the approval and/or or execution of plans and specifications if required.
Appears in 1 contract
Samples: Lease Agreement (Capital Bank Corp)
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, or is obligated to do so, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Rent payable hereunder (including Tenant’s 's Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be equitably abated, ; 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 's use of the Premises is adversely affected. Notwithstanding the preceding sentence, such abatement shall not apply if (i) the damage was not an Insured Loss, and (ii) the damage was the result of the negligence or willful misconduct of Tenant. Except for said abatement of rentRent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) If Landlord shall be obligated to repair or restore the Premises or the Building or agrees to do so under the provisions of this Paragraph paragraph 9 and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete 18 the restoration and repair within six (6) months after such occurrence, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date 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 and/or or execution of plans and specifications if required.
Appears in 1 contract
Samples: Office Lease (Epl Technologies Inc)
Abatement of Rent; Tenant’s Remedies. (a) 9.5.1 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 (including loss of use due to loss of access or essential services), the rent payable hereunder (including Tenant’s 's Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, 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 's business as operated from the Premises is adversely affected. Except for said abatement of rent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) 9.5.2 If Landlord shall be obligated to repair or restore the Premises or the Building under the provisions of this Paragraph 9 and shall not commence such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six two hundred seventy (6270) months days after such occurrenceoccurrence for reasons other than delays caused by Tenant, its employees or agents, Tenant may at Tenant’s 's option (and, if elected, as Tenant's sole remedy) cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to within five (5) days following the commencement expiration of such ninety (90) or completiontwo hundred seventy (270) day period, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
(c) 9.5.3 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.
Appears in 1 contract
Abatement of Rent; Tenant’s Remedies. (a) In 9.5.1 If, in the event of Premises Damages, 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 (including loss of use due to loss of access or essential services), the rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period (commencing with the occurrence of such damage) during which such damage, repair or restoration continues shall be abated, 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 the abatement of rentrent described in this subparagraph, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restorationrestoration other than to the extent that such damage was caused by the gross negligence or willful misconduct of Landlord.
(b) 9.5.2 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 such repair or restoration within ninety (90) days after such occurrence, or if Landlord shall not complete the restoration and repair within six (6) months 270 days after such occurrence, Tenant may may, at Tenant’s option cancel and 's option, terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
(c) 9.5.3 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.
Appears in 1 contract
Samples: Standard Office Lease (Omp Inc)
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 (including loss of use due to loss of access or essential services), the rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be abated in proportion to the extent the operation and profitability degree to which Tenant's use of Tenant’s business as operated from the Premises is adversely affectedimpaired. Except for said abatement of rent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, 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 such repair or restoration within ninety (90) days after such occurrence, or if Landlord obligation shall not complete the restoration and repair within six (6) months after such occurrenceaccrue, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, 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 (c90) days after such obligation shall accrue, the right of Tenant agrees to cooperate with terminate this Lease 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 restoration and repair, including but not limited to the approval and/or execution of plans and specifications requiredfailure.
Appears in 1 contract
Samples: Annual Report
Abatement of Rent; Tenant’s Remedies. (a1) 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 (including loss of use due to loss of access or essential services), the rent payable hereunder (including Tenant’s Share of Operating Expense Increase) - for the period during which such damage, repair or restoration continues shall be abated, provided (1) the damage was not the result of the negligence of Tenant, and (2) such abatement shall only be equitably abated in proportion to the extent the operation and profitability degree to which Tenant's use of Tenant’s business as operated from the Premises is adversely affectedimpaired. Except for said abatement of rent, if any any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b2) 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 - such repair or restoration within ninety (90) days after such occurrence, or if Landlord obligation shall not complete the restoration and repair within six (6) months after such occurrenceaccrue, Tenant may at Tenant’s 's option cancel and terminate this Lease by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, 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 (c90) days after such obligation shall accrue, the right of Tenant agrees to cooperate with terminate this Lease 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 restoration and repair, including but not limited to the approval and/or execution of plans and specifications requiredfailure.
Appears in 1 contract
Samples: Lease (Qualstar Corp)
Abatement of Rent; Tenant’s Remedies. (a) In the event of damage described in paragraphs 11.2 or 11.3, and Landlord or Tenant repairs or restores the Building or Premises pursuant to the provisions of this paragraph 911, and any part of the Premises are not usable (including loss of use due to loss of access or essential services), the rent Rent payable hereunder (including Tenant’s Share of Operating Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) equitably abated on the damage was not damaged building in proportion to the result degree to which Tenant's use of the negligence building is prevented, except that if seventy-five percent (75%) or more of Tenanta building is damaged, Rent on the entire building shall be abated unless Tenant elects, in its sole and (2) such abatement absolute discretion, to continue to use the building, in which event Rent shall only be to the extent the operation and profitability of Tenant’s business equitably abated as operated from the Premises is adversely affectedotherwise provided herein. Except for said abatement of rentRent, if any any, Tenant shall have no claim against Landlord for any loss or damage (unless intentionally caused by Landlord) including, without limitation, loss of business suffered by reason of any such damage, destruction, repair or restoration.
(b) If Landlord shall be obligated obligated, or otherwise elects, to repair or restore the Premises or the Building under the provisions of this Paragraph 9 paragraph 11 and shall not commence such repair or restoration within ninety (90) days a reasonable period of time after such occurrencethe casualty, with due consideration given to adjustment of loss, plans and governmental approvals, subject to reasonable extension for Tenant Delay or Force Majeure, or if because it is otherwise impracticable for Landlord shall not complete the restoration and repair to commence repairs within six (6) months after such occurrencetime period, Tenant may at Tenant’s 's option cancel and terminate this Lease (but only as to the damaged building at issue) by giving Landlord written notice of Tenant’s 's election to do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall partially terminate as of the date 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 and/or execution of plans and specifications required.
Appears in 1 contract
Samples: Build to Suit Lease (Intuit Inc)