Abatement of Rental. (a) In the event that the Lessee shall at any time become entitled to an abatement of rent, the basic rental set forth in the Section of this Agreement entitled "Basic Rental" and the additional basic rental set forth in Schedule A attached to this Agreement shall be abated for the period the abatement is in effect by the same percentage that the area of the part of the premises the use of which is denied to the Lessee is of the total area of the premises.
(b) For the purposes of this Section, the number of square feet contained in the premises or parts thereof shall be computed as follows: By measuring from the inside surface of outer building walls to the surface of the public area side, or of the non-exclusive area side, as the case may require, of all partitions separating the space measured from adjoining areas designated for the use of the public or for use by the Lessee in common with others, and to the center of partitions separating the space measured from adjoining space exclusively used by others; no deduction will be made for columns, partitions, pilasters or projections necessary to the building and contained within the space measured. Permanent partitions enclosing elevator shafts, stain, fire-towers, vents, pipe-shafts, meter-closets, flues, stacks and any vertical shafts have the same relation to the space measured as do outer building walls.
(c) In the event that during the term of the letting under this Agreement the Lessee shall be partially evicted and shall remain in possession of the premises or the balance thereof, the Lessee agrees that notwithstanding it might have the right to suspend payment of the rent in the absence of this provision, it agrees to pay and will pay at the times and in the manner herein provided, the full rent reserved less only an abatement thereof computed in accordance with the above.
Abatement of Rental. In event of a Casualty, a just and proportionate part of the Rent shall xxxxx from the date of such Casualty until the Building has been repaired and restored.
Abatement of Rental. Rental Payments shall be abated proportionately during any period in which, by reason of damage to, destruction of, taking under the power of eminent domain (or sale to any entity threatening the use of such power) of, or title defect with respect to any portion of the Leased Property, there is substantial interference with the use and possession of the Leased Property or a portion thereof. The amount of abatement shall be such that the resulting Rental Payments represent fair consideration for the use and possession of the portion of the Leased Property not so interfered with. Such abatement shall commence with the date of such interference and shall end only with cure thereof.
Abatement of Rental. 8 Section 19.
Abatement of Rental. Except as described in ITEM 12 above, when Cars are placed in a private car shop for maintenance and/or repair as required by Lessor under this Lease, the Fixed Rent of each Car shall cease five (5) days after the date of arrival in such shop and will be reinstated on the date such Car is released back to the Lessee from such shop. If any repairs are required as a result of the direct or indirect misuse or negligence of Lessee or any other party other than Lessor, or due to any Lessee Maintenance Item, there shall be no abatement of Fixed Rent and such Fixed Rent shall continue during such repair period.
Abatement of Rental. During the repair or reconstruction there shall be abated an equitable portion of the rent accruing during the period of time Tenant is deprived of the full use of the promises unless the damage was caused by Tenant or Tenant's employees. Such abatement shall be in the ratio of the square feet of floor space of which Tenant is deprived to the total square feet of the premises. Landlord shall not otherwise be liable for any damage that may he suffered, by reason of any such casualty or repair or, reconstruction or deprivation of possession, or interruption of business, except in the case of damage or destruction caused by negligence on the part of Landlord.
Abatement of Rental. The obligation of the County to pay Base Rental Payments and Additional Rental Payments shall be abated during any period in which by reason of any damage, destruction, condemnation or title defect there is substantial interference with the use by the County of the Leased Property or any portion thereof. Such abatement shall be in an amount such that the resulting Base Rental Payments in any year during which such interference continues does not exceed the fair rental value of the portions of the Leased Property as to which such damage, destruction, taking or title defect does not substantially interfere with the County’s use and right of possession, as evidenced by a Certificate of the County. Such abatement shall continue for the period commencing with the date of interference resulting from such damage, destruction, condemnation or title defect and, with respect to damage to or destruction of the Leased
Abatement of Rental. Authority hereby agrees to abate the Basic Annual Land Rental xxxxl such time as Lessee's initial cost of the construction of (a) the parking lot on the Leased Premises and (b) the roadway access to the Leased Premises is equal to the amount of Basic Annual Land Rental abated, or this lease is either terminated, or the Leased Premises is relocated pursuant to Section 5.12 of this lease. Lessee will provide Authority documentation acceptable to Authority verifying the cost of construction of the said parking lot and access road within thirty (30) days of the commencement date of this agreement
Abatement of Rental. If the casualty, repairing or rebuilding of the Premises pursuant to Section 7.01 hereinabove shall render the Premises untenantable, in whole or in part, then, except as provided in Section 7.04 hereinbelow, and except in the event the casualty damage or destruction shall have been caused, whether all or in part, through the gross negligence or willful misconduct of Tenant or its subtenants, concessionaires, licensees, invitees, agents, contractors, servants or employees, a proportionate abatement of Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes the repairs or rebuilding or, in the event Landlord elects to terminate this Lease, until the effective date of termination. Landlord shall be deemed to have completed the repairs at such time as Landlord shall have substantially completed its re-construction of Landlord's Work. The abatement of rent, if any, shall be computed on the basis of the ratio which the floor area of the Premises rendered untenantable bears to the entire floor area thereof. Other than the abatement referenced above, Tenant shall have no other rights to abatx xxx amount payable under this Lease. Notwithstanding anything to the contrary contained in this Lease, in the event casualty to the Premises is caused by the negligent act of Tenant or Tenant's agents, employees or independent contractors, there shall be no abatement of any amount required to be paid by Landlord to Tenant under this Lease.
Abatement of Rental. The obligation of the City to pay Base Rental Payments and Additional Rental Payments shall be abated during any period in which by reason of any damage, destruction or condemnation there is substantial interference with the use by the City of the Leased Property or any portion thereof. Such abatement shall be in an amount such that the resulting Base Rental Payments in any year during which such interference continues does not exceed the fair rental value of the portions of the Leased Property as to which such damage, destruction or taking do not substantially interfere with the City’s use and right of possession, as evidenced by a Certificate of the City. Such abatement shall continue for the period commencing with the date of such interference and ending with the restoration of the Leased Property to tenantable condition.
