Common use of Abatement of Rent When Tenant Is Prevented From Using Premises Clause in Contracts

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking Facilities, then Tenant' obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of damage or destruction pursuant to Article 11 or taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the facilities for essential utilities and services required to be provided in Sections Section 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Rent and Tenant's ’s Share of Operating Expenses, Tax Direct Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not within Landlord’s reasonable control or caused by Tenant's Landlord’s negligence, gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' 's obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not caused by TenantLandlord's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.. ARTICLE 7

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the applicable Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 5.2.9 above or Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the facilities for essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 Section 6.1 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Rent and Tenant's Xxxxxx’s Share of Operating Expenses, Tax Expenses and Utilities [BigHat Biosciences, Inc.] Execution Original Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not within Landlord’s reasonable control or caused by Tenant's gross Xxxxxxxx’s negligence or willful misconductmisconduct or violation of this Lease. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 belowLease, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 16.1(a), 16.1(b) and 16.1(c) above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Monthly Basic Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not caused by Tenant's ’s gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 Section 18 or a taking pursuant to Article 12Section 19, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and or any failure by Landlord to perform any repair, maintenance or alteration required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the facilities for essential utilities and services required to be provided in Sections Section 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Rent and Tenant's ’s Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not within Landlord’s reasonable control or caused by Tenant's Landlord’ gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five three (53) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 24.27 below, or (ii) any failure by Landlord to provide to the Premises any of the facilities for essential utilities and services required to be provided in Sections Section 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Rent and Tenant's ’s Share of Operating Expenses, Tax Direct Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not caused by Tenant's Landlord’s gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days or fifteen (15) business days in any consecutive 12-month period (the "Eligibility PeriodELIGIBILITY PERIOD") as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any Landlord's failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 above for any reason except to the extent resulting from the Excepted Matters (such 5 business day Eligibility Period shall be reduced to three (3) consecutive business days with respect to Landlord's failure to provide HVAC pursuant to the standards set forth in Section 6.1.1 above), or (ii) any failure by Landlord to perform any repairs required to be performed by Landlord under this Lease, within thirty (30) days after Landlord has received notice from Tenant of the need for such repairs (or such longer period of time as is reasonably required for such repair work if Landlord commences such repair work within such 30-day period and thereafter diligently prosecutes same to completion), or (iii) any failure Construction undertaken by Landlord pursuant to provide access to the Premises and/or the Parking FacilitiesSection 24.29 below, then Tenant' 's obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Direct Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any portion of the Premises for a period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Direct Expenses for the entire Premises shall be abated; provided, however, that if Tenant shall only be entitled reoccupies and conducts its business from any portion of the Premises during such period, the Base Rent and Tenant's Share of Direct Expenses allocable to such abatement reoccupied portion, based on the proportion that the rentable square feet of rent if such reoccupied portion of the matter described in clauses (i)Premises bears the total rentable square feet of the Premises, (ii), or (iii) of this sentence is not caused shall be payable by Tenant's gross negligence or willful misconductTenant from the date such business operations commence. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 belowLease, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 16.1(a), 16.1(b) or 6.1.2 16.1(c) above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Monthly Basic Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence not is not caused by Tenant's ’s gross negligence or willful misconductmisconduct and is not covered by Tenant’s business interruption insurance. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 Section 18 or a taking pursuant to Article 12Section 19, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Rent and Tenant's ’s Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not caused by Tenant's ’s gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In Notwithstanding anything to the event that contrary in this Lease, if Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as a result of (i) any repair, maintenance or alteration performed or failed to be performed by Landlord after the Lease Commencement Date Date, including any Construction (as defined in Section 24.30 below), and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 belowLease, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 Section 6.1 above, or (iii) any failure by Landlord to provide access to the Premises and/or including Tenant's access to the Parking FacilitiesAreas, then Tenant' 's obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following of the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 Section 18 or a taking pursuant to Article 12Section 19, then the Eligibility Period shall not be applicable. Landlord will (i) use commercially reasonable efforts to minimize unreasonable interference with Tenant's Permitted Use in connection with Landlord's exercise of Landlord's rights under this Article 6, and (ii) use commercially reasonable efforts to provide Tenant not less than ten (10) business days prior written notice of any planned utility or other Building system interruption or systems testing which would require evacuation of the Premises or Building.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days, or after ten (10) non-consecutive business days within any twelve (12) month period during the Lease Term (the "“Eligibility Period") ”), as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 above, or (iiiii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Rent and Tenant's ’s Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), ) or (ii), or (iii) of this sentence is not caused by Tenant's arises out of or results from Landlord’s gross negligence or willful misconduct; provided, further, that Tenant shall not be entitled to abatement or reduction of Rent to the extent the matters described in clauses (i) or (ii) above arise out of or results from a matter outside of Landlord’s reasonable control. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 below or a taking pursuant to Article 1212 below, then the Eligibility Period terms of this Section 6.7 shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In Notwithstanding anything to the event that contrary in this Lease, if Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed or failed to be performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Date, including any Construction (as defined in Section 24.30 below), or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 16.1(a) or 6.1.2 16.1(b) above, or (iii) any failure by Landlord to provide access to the Premises and/or including Tenant’s access to the Parking FacilitiesFacility, then Tenant' ’s obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following of the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In Notwithstanding anything to the event that contrary in this Lease, if Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required or failed to be performed by Landlord under this Lease or permitted pursuant to after the Commencement Date, including any Construction (as defined in Section 24.30 below), or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 16.1(a) or 6.1.2 16.1(b) above, or (iii) any failure by Landlord to provide access to the Premises and/or including Tenant’s access to the Parking FacilitiesAreas, then Tenant' ’s obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following of the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 Section 18 or a taking pursuant to Article 12Section 19, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 5.2.9 above or Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the facilities for essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 Section 6.1 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' 's obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not within Landlord's reasonable control or caused by TenantLandlord's gross negligence or willful misconductmisconduct or violation of this Lease. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the facilities for essential utilities and services required to be provided in Sections Section 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Rent and Tenant's ’s Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not within Landlord’s reasonable control and caused by Tenant's Landlord’ gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In Notwithstanding anything to the event that contrary in this Lease, if Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed or failed to be performed by Landlord after the Lease Commencement Date Date, including any Construction (as defined in Section 24.30 below), and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 belowLease, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 aboveby Landlord, or (iii) any failure by Landlord to provide access to the Premises and/or including Tenant’s access to the Parking FacilitiesAreas, then Tenant' ’s obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st1 st) day following of the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article Section 11 or a taking pursuant to Article Section 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In Notwithstanding anything to the event that contrary in this Lease, if Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as a result of (i) any repair, maintenance or alteration performed or failed to be performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Date, including any Construction (as defined in Section 24.30 below), or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 16.1(a) or 6.1.2 16.1(b) above, or (iii) any failure by Landlord to provide access to the Premises and/or including Tenant's access to the Parking FacilitiesAreas, then Tenant' 's obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following of the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 Section 18 or a taking pursuant to Article 12Section 19, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period") ”), as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 Section 6.1 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking Facilities, then Tenant' ’s obligation to pay Base Rent and Tenant's ’s Share of Operating Expenses, Tax Direct Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the failure to provide the essential utilities arise out of or results from a matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconductwithin Landlord’s reasonable control. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or taking a condemnation pursuant to Article 1213, then the Eligibility Period terms of this Section 6.4 shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In ----------------------------------------------- -------------- the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility PeriodELIGIBILITY PERIOD") as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 below, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 aboveabove (which failure is not the result of any defects in, damage to or repairs required to be made to the Supplemental HVAC Units or other Data Center Work), (iii) any failure by Landlord to provide access to the Premises, or (iv) because of the presence of Hazardous Materials in, on or around the Building, the Premises and/or or the Parking FacilitiesReal Property which was not caused or introduced by Tenant, which Hazardous Materials could, in Tenant's business judgment and taking into account the standards, guidances and recommendations included in applicable Laws pertaining to Hazardous Materials, pose a material and significant health risk to occupants of the Premises, then Tenant' 's obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Direct Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), or (iii) of this sentence is not caused by Tenant's gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In Notwithstanding anything to the event that contrary in this Lease, if Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as a result of (i) any repair, maintenance or alteration (a) performed or (b) failed to be performed by Landlord after the Lease Commencement Date Date, including any Construction (as defined in Section 24.30 below), and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 belowLease, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 or 6.1.2 above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking Facilitiesunder this Lease, then Tenant' 's obligation to pay Base Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following of the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent Base Rent if the matter described in clauses (i), ) or (ii), or (iii) of this sentence is not within Landlord's reasonable control and caused by TenantLandlord's gross negligence or willful misconductmisconduct or violation of this Lease. To the extent Tenant shall be entitled to abatement of rent Base Rent because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 12, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that If Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 belowDate, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 16.1(a), 16.1(b), or 6.1.2 16.1(c) above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, or (iv) Landlord’s exercise of its rights in Section 4.2 of this Lease, then Tenant' ’s obligation to pay Base Monthly Basic Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i) (i.e, the matter giving rise to the repair, maintenance or alteration), (ii), ) or (iii) of this sentence is not caused by Tenant's the gross negligence or willful misconductmisconduct of Landlord or Landlord’s contractors or agents. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 Section 18 or a taking pursuant to Article 12Section 19, then the Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) CENTERPARK PLAZA consecutive business days (the "“Eligibility Period"”) as a result of (i) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 24.30 belowLease, or (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Sections 6.1.1 16.1(a), 16.1(b) or 6.1.2 16.1(c) above, or (iii) any failure by Landlord to provide access to the Premises and/or the Parking FacilitiesPremises, then Tenant' ’s obligation to pay Base Monthly Basic Rent and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i), (ii), ) or (iii) of this sentence is not caused by Tenant's Landlord’s gross negligence or willful misconduct. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 11 Section 18 or a taking pursuant to Article 12Section 19, then the Eligibility Period shall not be applicable.