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 ("Eligibility Period"), as a result of any damage or destruction (subject to the provisions of Paragraph 23) to the Premises or Building, any failure of Landlord to provide services, utilities or access to the Premises, any failure of Landlord to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing Tenant's access to or use of the Premises, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges shall be abated or reduced, as the case may be, during the period during which Tenant continues to be so prevented from using the Premises, or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area 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 exceeding the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant to conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then during the period during which Tenant is so prevented from conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five three (53) consecutive business days or ten (10) business days in any twelve (12) month period (the "Eligibility Period"), ) as a result of (i) any damage or destruction (subject to the provisions of Paragraph 23) to Premises, the Premises or Project and/or the Building, (ii) any repair, maintenance or alteration performed by Landlord after the Commencement Date, which substantially interferes with Tenant's use of the Premises, the Project and/or the Building, (iii) any failure of by Landlord to provide services, utilities Tenant with services otherwise required to be furnished by Landlord hereunder (provided that the furnishing of services is within Landlord's control) or access to the Premises, any failure the Project and/or the Building, (iv) because of Landlord an eminent domain proceeding or (v) because of the presence of hazardous substances in, on or around the Premises, the Building or the Project which could pose a health risk to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing Tenant's access to or use occupants of the Premises, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. If Tenant's right to abatement occurs during a free rent period (for these purposes, free rent shall be deemed to include half rent, etc.) which arises after the Commencement Date, Tenant's free rent period shall be extended for the number of days that the abatement period overlapped the free rent period ("Overlap Period"). Landlord shall have the right to extend the Expiration Date for a period of time equal to the Overlap Period if Landlord sends a notice to Tenant of such election within ten (10) days following the end of the extended free rent period. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Project, the Building and/or Tenant's Property, Tenant's abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises, the Project and/or the Building, to rebuild such portion as Tenant is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction and/or eminent domain taking and to move in over a weekend. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Section 19 [Destruction or Damage] and 20 [Eminent Domain] of the Lease, then the Eligibility Period shall not be applicable. To the extent Tenant has prepaid Rent (as it does each month since Rent is due on the first day of each month) and Tenant is subsequently entitled to an abatement, such prepaid, and subsequently abated, Rent should be refunded to, and paid by Landlord to, Tenant within thirty (30) days after the end of the appropriate month.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Notwithstanding any of Tenant's other rights to abatement of rent as set forth in this Lease, if Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five (5) consecutive business Business Days or ten (10) days in any twelve (12) month period (the "Eligibility Period"), ) as a result of any damage or destruction (subject to the provisions of Paragraph 23) to the Premises or Buildingany repair, maintenance or alteration performed by Landlord after the Commencement Date, which substantially interferes with Tenant's use of the Premises, or any failure of Landlord to provide services, utilities services or access to the PremisesPremises or because of an eminent domain proceeding or because of the presence (other than because of the act of Tenant) of hazardous substances in, any failure on or about the Building or the Premises which could, in Tenant's prudent business judgment and taking into account the standards, guidances and recommendations included in the definition of Landlord to provide access to the parking Applicable Laws described in this Lease or any Landlord repairs or other construction work preventing Tenant's access Section 13.4 with respect to or use hazardous substances, pose a health risk to occupants of the Premises, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area Net Rentable Area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area Net Rentable Area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent Rent allocable to such reoccupied portion, based on the proportion that the rentable area Net Rentable Area of such reoccupied portion of the Premises bears to the total rentable area Net Rentable Area of the Premises, shall be payable by Tenant from the date such business operations commence. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises or Tenant's property, Tenant's abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises, to rebuild the portion of the Premises it is required to rebuild, to install its property, furniture, fixtures, and equipment and to move in over a weekend. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Article 15, 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 using, and does not use use, the Premises or any portion thereof, for five three (53) consecutive business days or ten (10) business days in any twelve (12) month period (the "Eligibility Period"), ) as a result of (a) any damage or destruction (subject to the provisions of Paragraph 23) to the Premises or and /or the Building, (b) any failure of repair, maintenance or alteration performed by Landlord to provide servicesafter the Commencement Date and required or permitted by this Lease, utilities or access to the Premises, any failure of Landlord to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing which substantially interferes with Tenant's access to or use of the Premises, then (c) any failure by Landlord to provide Tenant with services or access to the Premises and/or the Building, (d) any eminent domain proceeding which substantially interferes with Tenant's Basic Rentuse of the Premises, parking charges(e) the presence of Hazardous Materials in, on or around the Premises or the Building which poses a health risk to occupants of the Premises and are not attributable to the acts of Tenant or its employees, agents representatives, licensees or invitees, or (f) construction activities of Landlord on or about the Building and/or Project, and Operating Expense escalation charges provided that said prevention is not caused by the acts or omissions of Tenant or its employees, agents, representatives, licensees or invitees, Tenant's rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period and for such time, on a day-for-day basis, that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area 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 exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, : provided however, if Tenant reoccupies re-occupies and conducts its business from any portion of the Premises Premisses during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied re-occupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from form the date such business operations commence. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Building, or Tenant's property, Tenant's abatement period shall continue until Tenant has been given sufficient time and sufficient access to the Premises and/or the Building, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction and/or eminent domain taking and to move in over one (1) weekend. It is hereby acknowledged and agreed, however, that in the event that said prevention is caused by the acts or omissions of Tenant or its employees, agents, representatives, licensees or invitees, Tenant shall have no right to any abatement or reduction of rent hereunder.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period"), ) as a result of (i) any damage repair, maintenance or destruction alteration performed by Landlord, or that Landlord's fails to perform, after the Commencement Date and required to be performed by Landlord under this Lease or permitted pursuant to Section 30.24 below, or (subject ii) any failure by Landlord to the provisions of Paragraph 23) provide to the Premises any of the essential utilities and services required to be provided by Landlord pursuant to Section 8.1 above, or Building, (iii) any failure of Landlord to provide services, utilities or access to the Premises, any failure of by Landlord to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing Tenant's access to or use of the Premises, then Tenant's Basic Rent, parking charges, obligation to pay Base Rent and Tenant's Percentage Share of Operating Expense escalation charges Expenses and Property Taxes shall be abated or reduced, as the case may be, during from and after the period during which first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area 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 exceeding the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant to conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then during the period during which Tenant is so prevented from conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, that Tenant shall only be entitled to such abatement of Base Rent and Tenant's Percentage Share of Operating Expenses and Property Taxes if the matter described in clauses (i), (ii) or (iii) of this sentence is not caused by a Tenant reoccupies and conducts its business from any portion Party's negligence or willful misconduct. The use of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion bears to the total rentable area solely for storage and/or security will not be considered use of the Premises, Premises for purposes of this Section 8.5 that negates Tenant the right to an abatement hereunder. To the extent Tenant shall be payable by Tenant from entitled to abatement of Base Rent and Tenant's Percentage Share of Operating Expenses and Property Taxes because of a damage or destruction pursuant to Article 12 or a taking pursuant to Article 13, then the date such business operations commenceEligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereofthereof as a result of (i) any failure by Landlord to provide any of the essential utilities and services to the Premises required to be provided by Landlord under Section 6.1 of this Lease, (ii) any failure by Landlord to provide access to the Premises (including, without limitation, as a result of any Renovations undertaken by Landlord pursuant to Section 24.27 below), or (iii) any failure by Landlord to perform Landlord’s repair obligations pursuant to Section 7.2 above, and such failure is not the result of the negligence or willful misconduct of Tenant or any of Tenant’s employees, agents, contractors, licensees or invitees (such event shall be known as a “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event. If such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice from Tenant ("“Eligibility Period"”), as a result of any damage or destruction (subject to then the provisions of Paragraph 23) to the Premises or Building, any failure of Landlord to provide services, utilities or access to the Premises, any failure of Landlord to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing Tenant's access to or use of the Premises, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Rent shall be abated or reduced, as the case may be, during such time after the period during which Eligibility Period that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable usable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable usable area of the Premises. However; provided, however, in the event that Tenant is prevented from conductingusing, and does not conduct its business in any use, a portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the then Rent (including parking chargesshall be abated for such time as Tenant continues to be so prevented from using, and Operating Expenses escalation charges) for does not use, the entire Premises shall be abated; providedPremises. If, however, if Tenant reoccupies and conducts its business from re-occupies any portion of the Premises during such period, the rent Rent allocable to such reoccupied re-occupied portion, based on the proportion that the rentable usable area of such reoccupied re-occupied portion of the Premises bears to the total rentable usable area of the Premises, shall be payable by Tenant from the date Tenant re-occupies such business operations commenceportion of the Premises. Except as expressly provided in this Section 11.5, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. Notwithstanding the foregoing provisions of this Section 11.5 to the contrary which limits Tenant’s right to abatement for only those time periods which follow the Eligibility Period, (A) to the extent Tenant is specifically entitled to abatement without regard to the Eligibility Period because of an eminent domain taking and/or because of a casualty damage or destruction pursuant to the provisions of this Article 11 or Article 12 below, then the Eligibility Period shall not be applicable, and (B) the Eligibility Period shall also not be applicable following the occurrence of any other Abatement Event described above which is not an eminent domain taking or a casualty damage or destruction, to the extent and for the number of days that Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses. Further, if Tenant’s right to abatement occurs during a free rent period (for these purposes, free rent shall be deemed to include half rent, etc.) which arises after the Lease Commencement Date, Tenant’s free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (“Overlap Period”). Landlord shall have the right to extend the Expiration Date for a period of time equal to the Overlap Period if Landlord sends a notice to Tenant of such election within ten (10) days following the end of the extended free rent period. To the extent Tenant has prepaid Rent (as it does each month since Rent is due on the first day of each month) and Tenant is subsequently entitled to an abatement, such prepaid, and subsequently abated, Rent should be refunded to, and paid by Landlord to, Tenant within thirty (30) days after the end of the appropriate month.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five (5) consecutive business days or ten (10) business days in any twelve (12) month period (the "Eligibility Period"), ) as a result of (a) any damage or destruction (subject to the provisions of Paragraph 23) to Premises, the Premises or Parking Facility and/or the Building, (b) any repair, maintenance or alteration performed by Landlord after the Commencement Date and required or permitted by the Lease, which substantially interferes with Tenant's use of the Premises, the Parking Facility and/or the Building, (c) any failure of by Landlord to provide services, utilities Tenant with services or access to the Premises, any failure the Parking Facility and/or the Building, (d) because of Landlord an eminent domain proceeding, or (e) because of the presence of hazardous substances in, on or around the Premises, the Building or the Site which could pose a health risk to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing Tenant's access to or use occupants of the Premises, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, or the rent interruption is abated such that the Premises are available for business, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence, or the interruption is abated such that the Premises are available for business. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Parking Facility, the Building, or Tenant's property, Tenant's abatement period shall continue until Tenant has been given sufficient time and sufficient access to the Premises, the Parking Facility and/or the Building, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction and/or eminent domain taking and to move in over one (1) weekend. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Lease Sections 9 (Damage & Destruction) or 14 (Eminent Domain), then the Eligibility Period shall not be applicable. To the extent that the event which prevents Tenant from using the Premises is caused by Tenant's negligence or willful misconduct, and if Landlord is not entitled to receive proceeds from rent continuation insurance required to be carried by Landlord, then Tenant will not, to such extent, be entitled to rent abatement.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, of the Premises for five (5) consecutive business days or ten ("10) business days in any twelve (12) month period (“Eligibility Period"), ”) as a result of any damage or destruction (subject to the provisions of Paragraph 23) to the Premises Premises, or Building, any failure of Landlord to provide services, utilities services or access to the Premises, any failure of Landlord to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing Tenant's access to or use of the Premisesthen, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Tenant s rent shall be abated or reduced, as the case may be, during the period during which after the Eligibility Period that Tenant continues to be so prevented from using the Premises, Premises or a portion thereof, thereof in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct conducting its business in any portion of the Premises for a period of time exceeding 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 then, during the period following the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on upon the proportion that portion which the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five three (53) consecutive business days or ten (10) business days in any twelve (12) month period (the "Eligibility Period"), ) as a result of (a) any damage or destruction (subject to the provisions of Paragraph 23) to the Premises or and/or the Building, (b) any failure of repair, maintenance or alteration performed by Landlord to provide servicesafter the Commencement Date and required or permitted by this Lease, utilities or access to the Premises, any failure of Landlord to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing which substantially interferes with Tenant's access to or use of the Premises, then (c) any failure by Landlord to provide Tenant with services or access to the Premises and/or the Building, (d) any eminent domain proceeding which substantially interferes with Tenant's Basic Rentuse of the Premises, parking charges(e) the presence of Hazardous Materials in, on or around the Premises or the Building which poses a health risk to occupants of the Premises and are not attributable to the acts of Tenant or its employees, agents representatives, licensees or invitees, or (f) construction activities of Landlord on or about the Building and/or Project, and Operating Expense escalation charges provided that said prevention is not caused by the acts or omissions of Tenant or its employees, agents, representatives, licensees or invitees, Tenant's rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period and for such time, on a day-for-day basis, that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area 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 exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, : provided however, if Tenant reoccupies re-occupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied preoccupied portion, based on the proportion that the rentable area of such reoccupied re-occupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from form the date such business operations commence. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Building, or Tenant's property, Tenant's abatement period shall continue until Tenant has been given sufficient time and sufficient access to the Premises and/or the Building, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction and/or eminent domain taking and to move in over one (1) weekend. It is hereby acknowledged and agreed, however, that in the event that said prevention is caused by the acts or omissions of Tenant or its employees, agents, representatives, licensees or invitees, Tenant shall have no right to any abatement or reduction of rent hereunder.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five (5) consecutive business days or ten (10) business days in any twelve (12) month period (the "Eligibility Period"), ) as a result of (1) any damage or destruction (subject to the provisions Premises, the Building Parking Facility (without the provision of Paragraph 23reasonable substitute parking) to and/or the Premises or Building, (2) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, which substantially interferes with Tenant's use of the Premises, the Building Parking Facility (without the provision of reasonable substitute parking) and/or the Building, (3) any failure of by Landlord to provide services, utilities Tenant with services or access to the Premises, any failure the Building Parking Facility (without the provision of Landlord reasonable substitute parking) and/or the Building, (4) because of an eminent domain proceeding or (5) because of the presence of Hazardous Materials in, on or around the Premises, the Building or the Project which poses a health risk to provide access to the parking described in this Lease or any Landlord repairs or other construction work preventing Tenant's access to or use occupants of the Premises, not introduced or caused to be released by Tenant, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Rent shall be equitably abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Building Parking Facility (without the provision of reasonable substitute parking), the Building and/or Tenant's property, Tenant's abatement period shall continue until Tenant has been given reasonably sufficient time, and sufficient access to the Premises, the Building Parking Facility and/or the Building, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction and/or eminent domain taking and to move in over a weekend. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Articles 11 [Damage or Destruction] and 13 [Condemnation] of the Lease, then the Eligibility Period shall not be applicable. To the extent Tenant has prepaid rent (as it does each month since Rent is due on the first day of each month) and Tenant is subsequently entitled to an abatement, such prepaid, and subsequently abated, Rent should be refunded to, and paid by Landlord to, Tenant within thirty (30) days after the end of the appropriate month.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is reasonably prevented from using using, and does not use use, the Premises or any portion thereof, for three (3) consecutive business days or ten (10) days in any twelve (12) month period (the "Eligibility Period") as a result of (a) any damage or destruction to the Premises, (b) any repair, maintenance or alteration performed by Landlord after the Commencement Date and required by the Lease, which prevents Tenant's use of the Premises, (c) any failure by Landlord to provide Tenant with services or access to the Premises for five (5) consecutive business days following notice to Landlord, ("Eligibility Period")d) because of an eminent domain proceeding, as a result or (e) because of any damage the presence of hazardous substances in, on or destruction (subject to the provisions of Paragraph 23) to the Premises or Building, any failure of Landlord to provide services, utilities or access to around the Premises, any failure of Landlord to provide access to the parking described Building or the Site which could, in this Lease or any Landlord repairs or other construction work preventing Tenant's access business judgment and taking into account the standards, guidances and recommendations included in applicable laws with respect to or use hazardous substances, pose a health risk to occupants of the Premises, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is reasonably prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises or Tenant's property, Tenant's abatement period shall continue until Tenant has been given sufficient time and sufficient access to the Premises to rebuild the portion of the Premises it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction and to move in over one (1) weekend. To the extent Tenant is entitled to abatement because of an event covered by Lease Articles XIX (Fire or Casualty) or XVII (Condemnation) 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 using, and does not use use, the Premises or any portion thereof, thereof for five three (53) consecutive business days or ten (10) days in any twelve (12) month period ("Eligibility Period"), ) as a result of any damage or destruction (subject to the provisions of Paragraph 23) to the Premises which is not caused by Tenant or Buildingany repair, any failure maintenance or alteration performed by Landlord after the Commencement Date and required by the Lease which is not caused by Tenant, that materially interferes with Tenant's use of Landlord to provide services, utilities or access to the Premises, or any failure of Landlord to provide access to the parking described Premises or because of an eminent domain proceeding or because of the presence of Hazardous Materials in, on or around the Premises or the Property which is not caused by Tenant that could, in this Lease or any Landlord repairs or other construction work preventing Tenant's access reasonable business judgment, pose a health risk to or use occupants of the Premises, Premises then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) rent for the entire Premises shall be abated; provided. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises or Tenant's property, howeverTenant's abatement period shall continue until Tenant has been given sufficient time, if Tenant reoccupies and conducts its business from any sufficient access to the Premises, to rebuild the portion of the Premises during it is required to rebuild, if any, to install its property, furniture, fixtures, and equipment and to move in over one (1) weekend. To the extent Tenant is entitled to abatement because of an event covered by Sections 15.1 or 14.1, then the Eligibility Period shall not be applicable. If a dispute arises between Landlord and Tenant pursuant to this section, Landlord and Tenant shall meet and attempt in good faith to resolve such perioddispute. If after such meeting, Landlord and Tenant do not reach a resolution, either party may invite arbitration proceedings in accordance with Section 19.10 by giving the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commenceother party written notice thereof.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five (5) consecutive business days or ten ("10) business days in any twelve (12) month period (the “Eligibility Period"), ”) as a result of (i) any damage or destruction (subject to the provisions Premises, the On-Site Parking Spaces, the Off-Site Parking Spaces and/or the Project, (ii) any repair, maintenance or alteration performed by Landlord after the applicable Commencement Date, which substantially interferes with Tenant’s use of Paragraph 23the Premises, the On-Site Parking Spaces, the Off-Site Parking Spaces and/or the Project, (iii) to the Premises or Building, any failure of by Landlord to provide services, utilities or Tenant with access to the Premises, the On-Site Parking Spaces, the Off-Site Parking Spaces and/or the Project, (iv) because of breach of any failure of Landlord Landlord’s warranties set forth in General Condition B, or (v) the exercise by Tenant of its rights to provide access to the parking described in this Lease or any Landlord repairs or other complete construction work preventing Tenant's access to or use of the PremisesProject as set forth in General Condition I, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges ’s Rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or a portion thereof, in the proportion that the rentable area RSF of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area RSF of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent Rent allocable to such reoccupied portion, based on the proportion that the rentable area RSF of such reoccupied portion of the Premises bears to the total rentable area RSF of the Premises, shall be payable by Tenant from the date such business operations commence. If Xxxxxx’s right to abatement occurs during a free rent period (for these purposes, free rent shall be deemed to include half rent, etc.) which arises after the Commencement Date, Tenant’s free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (“Overlap Period”). Landlord shall have the right to extend the Expiration Date for a period of time equal to the Overlap Period if Landlord sends a notice to Tenant of such election within ten (10) days following the end of the extended free rent period. If Tenant’s right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises and/or Tenant’s property, Xxxxxx’s abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction and/or eminent domain taking and to move in over a weekend. To the extent Tenant has prepaid rent (as it does each month since Rent is due on the first day of each month) and Tenant is subsequently entitled to an abatement, such prepaid, and subsequently abated, Xxxx should be refunded to, and paid by Landlord to, Tenant within thirty (30) days after the end of the appropriate month.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using using, and does not use use, the Premises or any portion thereof, for five three (53) consecutive business days or ten ("10) business days in any twelve (12) month period (the “Eligibility Period"), ”) as a result of (i) any damage or destruction (subject to the provisions Premises, Parking Garage, Xxxx’x Parking Deck and/or the Project, (ii) any repair, maintenance or alteration performed or to be performed by Landlord and required by this Lease, the performance or failure to perform of Paragraph 23which substantially interferes with Tenant’s use of the Premises, Parking Garage, Xxxx’x Parking Deck and/or the Project, (iii) to the Premises or Building, any failure of by Landlord to provide services, utilities Tenant with services or access to the Premises, any failure Parking Garage, Xxxx’x Parking Deck and/or the Project, (iv) because of Landlord to provide access to an eminent domain proceeding or (v) because of the parking described in this Lease presence of hazardous substances in, on or any Landlord repairs or other construction work preventing Tenant's access to or use of around the Premises, the Building or the Property, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges ’s Rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or the Parking Garage and/or Xxxx’x Parking Deck or a portion thereof, in the proportion that the rentable area of the portion of the Premises Premises, Parking Garage and/or Xxxx’x Parking Deck that Tenant is prevented from using, and does not use, bears to the total rentable area of the PremisesPremises and/or the total parking spaces in the Parking Garage and/or Xxxx’x Parking Deck. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. If Tenant’s right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, Parking Garage, Xxxx’x Parking Deck, or the Project, Tenant’s abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises, Parking Garage, Xxxx’x Parking Deck and/or the Project, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction and to move in. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Articles 14 [Damage or Destruction] and 15 [Eminent Domain] of this Lease, 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 using, and does not use use, the Premises or any portion thereof, for five three (53) consecutive business days or ten ("10) business days in any twelve (12) month period (the “Eligibility Period"), ”) as a result of (i) any damage or destruction (subject to the provisions Premises, Parking Garage, Xxxx’x Parking Deck and/or the Project, (ii) any repair, maintenance or alteration performed or to be performed by Landlord and required by this Lease, the performance or failure to perform of Paragraph 23which substantially interferes with Tenant's use of the Premises, Parking Garage, Xxxx’x Parking Deck and/or the Project, (iii) to the Premises or Building, any failure of by Landlord to provide services, utilities Tenant with services or access to the Premises, any failure Parking Garage, Xxxx’x Parking Deck and/or the Project, (iv) because of Landlord to provide access to the parking described in this Lease an eminent domain proceeding or any Landlord repairs or other construction work preventing Tenant's access to or use (v) because of the presence of hazardous substances in, on or around the Premises, the Building or the Property, then Tenant's Basic Rent, parking charges, and Operating Expense escalation charges Rent shall be abated or reduced, as the case may be, during after expiration of the period during which Eligibility Period for such time that Tenant continues to be so prevented from using using, and does not use, the Premises, Premises or the Parking Garage and/or Xxxx’x Parking Deck or a portion thereof, in the proportion that the rentable area of the portion of the Premises Premises, Parking Garage and/or Xxxx’x Parking Deck that Tenant is prevented from using, and does not use, bears to the total rentable area of the PremisesPremises and/or the total parking spaces in the Parking Garage and/or Xxxx’x Parking Deck. However, in the event that Tenant is prevented from conducting, and does not conduct conduct, its business in any portion of the Premises for a period of time exceeding 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 during for such time after expiration of the period Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent (including parking charges, and Operating Expenses escalation charges) for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, Parking Garage, Xxxx’x Parking Deck, or the Project, Tenant's abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises, Parking Garage, Xxxx’x Parking Deck and/or the Project, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction and to move in. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Articles 14 [Damage or Destruction] and 15 [Eminent Domain] of this Lease, then the Eligibility Period shall not be applicable.