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

Abatement of Rent; Tenant’s Remedies. In the event of damage described in Sections 9.02, or 9.03 hereof, and Landlord or Tenant repairs or restores the Premises pursuant to the provisions of this Section 9, the Rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired. Except for 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, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 and shall not commence such repair or restoration within ninety (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.

Abatement of Rent; Tenant’s Remedies. (i) In the event of damage described in Sections 9.02, or 9.03 hereofsubsections (b) and (c) above, and Landlord or Tenant repairs or restores the Premises pursuant to the provisions of this Section 9Premises, the Monthly Rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TenantXxxxxx’s use of the Premises is impaired, unless such damage is caused by a negligent or willful act of Tenant (in which event Monthly Rent shall not be abated). Except for abatement of Monthly Rent, if any, Tenant shall have no claim against Landlord for to any damage suffered by reason of any such damage, destruction, repair or restoration, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. . (ii) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 Article 13 and shall not commence such repair or restoration within ninety one-hundred eighty (90180) days after such obligations shall accrue, then, notwithstanding anything to the contrary contained in this Lease, Tenant may, may at Tenant’s option, 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.

Abatement of Rent; Tenant’s Remedies. (a) In the event of damage described in Sections 9.02, Paragraphs11.2 or 9.03 hereof11.3, and Landlord or Tenant repairs or restores the Premises pursuant to the provisions of this Section 9Paragraph 11, the Rent rent payable hereunder hereunder, for the period during which such damage, repair or restoration continues continues, shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impairedprevented. Except for abatement of Rentrent, if 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, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 Paragraph 11 and shall not commence such repair or restoration within ninety (90) days after such obligations shall accrueoccur, Tenant may, 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 of such repair or restoration. In such event event, this Lease shall terminate as of the date of such notice.

Abatement of Rent; Tenant’s Remedies. (a) In the event of damage described in Sections 9.02, Paragraphs 11.2 or 9.03 hereof11.3, and Landlord or Tenant repairs or restores the Premises pursuant to the provisions of this Section 9Paragraph 11, the Rent rent payable hereunder hereunder, for the period during which such damage, repair or restoration continues continues, shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impairedprevented. Except for abatement of Rentrent, if 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, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 Paragraph 11 and shall not commence such repair or restoration within ninety (90) days after such obligations shall accrueoccur, Tenant may, 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 of such repair or restoration. In such event event, this Lease shall terminate as of the date of such notice.

Abatement of Rent; Tenant’s Remedies. (a) In the event of damage described in Sections 9.02, or 9.03 hereof, and Landlord or Tenant repairs or restores the Premises pursuant to the provisions of this Section 9Premises, the Rent rent and Operating Expenses payable hereunder for the period during which such damage, from the date of damage to the date of termination or repair or restoration continues sufficient for Tenant’s full use and enjoyment of the Premises shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired. Except for abatement of Rentrent, if any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair repair, or restoration, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be is obligated to repair or restore the Premises under the provisions of this Section paragraph 9 and shall does not commence complete such repair or restoration within ninety two hundred forty (90240) days after such obligations shall accrueobligation accrues, Tenant may, may at Tenant’s option, its 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.

Abatement of Rent; Tenant’s Remedies. (a) In the event of damage described in Sections 9.02, or 9.03 hereof, and Landlord or Tenant repairs or restores the Premises this Lease is not terminated pursuant to the provisions of this Section 9Section, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Tenant’s 's use of the Premises is impaired. Except for abatement of Rentrent, if any, negligence or willful misconduct on 25 the part of Landlord, its employees or agents or material breach of Landlord's obligations hereunder, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 and shall not commence such repair or restoration within ninety sixty (9060) days after such obligations obligation shall accrue, Tenant may, may at Tenant’s option, '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 of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.

Abatement of Rent; Tenant’s Remedies. In (a) If the event of damage described in Sections 9.02, Premises is partially destroyed or 9.03 hereof, damaged and Landlord or Tenant repairs or restores the Premises them pursuant to any of the provisions of this Section 9Paragraph 9 hereof, the Base Rent payable hereunder for the period during which such damage, damage repair 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, if 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 was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be Tenant is obligated to repair or restore the Premises under any of the provisions of this Section 9 and shall does not commence such repair or restoration within ninety (90) days after such obligations shall accrue, Tenant Landlord may, at TenantLandlord’s option, cancel and terminate this Lease by giving Landlord Tenant written notice of TenantLandlord’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. Any abatement in rent shall be computed as provided in Section 9.5(a).

Abatement of Rent; Tenant’s Remedies. In (a) If the event of damage described in Sections 9.02, Premises are destroyed or 9.03 hereof, damaged and Landlord or Tenant repairs or restores the Premises them pursuant to the provisions of this Section 9Article 12, the Rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Tenant’s 's use of the Premises or, alternative space (provided by Landlord) within the Project is impaired. Except for 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, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 Article 12 and shall not commence such repair or restoration within ninety (90) days after such obligations shall accrue, Tenant may, may at Tenant’s option, '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 of such repair or restoration. In such event event, this Lease shall terminate as of the date of such notice. Any abatement in Rent shall be computed as provided in Section 12.5(a).

Abatement of Rent; Tenant’s Remedies. (a) In the event of damage described in Sections 9.02, Paragraphs 8.2 or 9.03 hereof8.3, and Landlord or Tenant repairs or restores the Premises pursuant to the provisions of this Section 9Paragraph 8, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Tenant’s use area of the Premises is impairedunusable during such period. Except for abatement of Rentrent, if 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 was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 Paragraph 8 and shall not commence preparations for such repair or restoration within ninety (90) days after such obligations shall accrue, 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 of such repair or restoration. In in such event this Lease shall terminate as of the date of such notice.

Abatement of Rent; Tenant’s Remedies. In (a) If the event of damage described in Sections 9.02, Premises are partially destroyed or 9.03 hereof, damaged and Landlord or Tenant repairs or restores the Premises them pursuant to the provisions of this Section 9Lease, the Rent rent payable hereunder for the period during which such damage, damage and repair or restoration continues shall be abated in proportion to the degree extent to which Tenant’s 's use of the Premises is impaired, provided, however there shall be no abatement of rent if the damage or destruction was caused by the fault, negligence or willful misconduct of Tenant or any of its Agents. Except for abatement of Rentrent, if any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair destruction or restoration, unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section 9 14 and shall not commence such repair or restoration within ninety sixty (9060) days after such obligations obligation shall accrue, Tenant mayTenant, at Tenant’s 's option, may cancel and terminate this Lease by giving Landlord written notice of Tenant’s election to do so Landlord at any time prior to the commencement of such repair or restoration. In such event this event, the Lease shall terminate as of the date of such notice.

Abatement of Rent; Tenant’s Remedies. In (a) If the event of damage described in Sections 9.02, Premises are partially destroyed or 9.03 hereof, damaged and Landlord or Tenant repairs or restores the Premises them pursuant to the provisions of this Section Paragraph 9, the Rent rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which TenantXxxxxx’s use of the Premises is impaired. Except for abatement of Rentrent, if 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 was caused by the gross negligence or willful misconduct of Landlord or its agents. . (b) If Landlord shall be obligated to repair or restore the Premises under the provisions of this Section Paragraph 9 and shall not commence such repair or restoration within ninety (90) days after such obligations obligation shall accrue, Tenant may, may at Tenant’s option, option cancel and terminate this Lease by giving Landlord written notice of TenantXxxxxx’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.