Common use of Abatement Clause in Contracts

Abatement. Notwithstanding anything to the contrary contained in this Lease, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, bringing in portable air-conditioning equipment, then there shall not be any abatement of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption of utility or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s use of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties shall not constitute Eligible Causes. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 below.

Abatement. Notwithstanding anything An "ABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the contrary contained in this LeasePremises, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs where (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in Tenant does not actually use the Premises for five or such portion thereof, and (5ii) consecutive business days such event is caused by the negligence or twenty willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (20of whom Tenant is notified) days in notice ("ABATEMENT NOTICE") of any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day periodAbatement Event, as applicable, is referred to herein as and if such Abatement Event continues beyond the “"Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays " (as that term is defined in Section 32.17 of this Leasebelow), then Tenant shall be entitled to an equitable abatement of Monthly the Base Rent and Additional Rent under this Lease based upon Tenant's Share of Operating Expenses and Real Property Taxes shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for 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 area of the portion of the Premises affected thereby (provided that if the operation of Tenant’s business Tenant is prevented from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances using, and Tenant in fact does not operate for business from use, bears to the remainder total rentable area of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, in the event that Tenant is prevented from using, and does not use, a 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 Landlord is diligently pursuing the repair of Tenant does not conduct its business from such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, bringing in portable air-conditioning equipmentremaining portion, then there shall not be any abatement for such time after expiration of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption of utility or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project Eligibility Period during which Tenant is entitled to use pursuant to this Lease unless resulting so prevented from governmental mandateeffectively conducting its business therein, (iii) entry upon the Base Rent and Tenant's Share of Operating Expenses and Real Property Taxes for the entire Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required shall be abated entirely for such time as Tenant continues to be made to so prevented from using, and does not use, the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of LandlordPremises. If, and/or (v) Landlord’s failure to conduct repairshowever, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s use Tenant reoccupies any portion of the Premises resulting from acts or omissions during such period, the Base Rent and Tenant's Share of Tenant or any of Tenant’s Parties shall not constitute Eligible CausesOperating Expenses and Real Property Taxes allocable to such reoccupied portion, [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 below.17

Abatement. Notwithstanding anything to If Tenant is prevented from using, and does not use, the contrary contained in this LeasePremises, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises portion thereof, for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “"Eligibility Period”)") as a result of any failure of Landlord to provide services, as any such Eligibility Period may be extended utilities, or access to the Premises, or due to Force Majeure Delays (as defined in Section 32.17 the presence of this Lease)hazardous materials not introduced by Tenant, its agents or contractors, then rent payable by Tenant shall be entitled abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to an equitable abatement be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, if the operation of Tenant’s Tenant is prevented from conducting, and does not conduct, its business from the remainder in a portion of the Premises not affected thereby for a period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not reasonably practicable under the circumstances sufficient to allow Tenant to effectively conduct its business therein, and if Tenant in fact does not operate for conduct its business from such remaining portion, then for such time after expiration of the remainder Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent payable by Tenant for the entire Premises shall be abated. If Tenant thereafter reoccupies and conducts its business from any portion of the Premises during such period, then 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, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) payable by Tenant from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of date such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, bringing in portable air-conditioning equipment, then there shall not be any abatement of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption of utility or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s use of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties shall not constitute Eligible Causes. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 belowbusiness operations commence.

Abatement. An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors or the performance of Renovations pursuant to Section 29.18. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Base Rent and Tenant’s Share of Operating Expenses, Utility Expenses and/or Tax Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for 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 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; provided, however, in the event that Tenant is prevented from using, and does not use, a 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 Operating Expenses, Utility Expenses and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant’s Share of Operating Expenses, Utility Expenses and/or Tax Expenses 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 Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained in this Leaseherein, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposespurposes as reasonably determined by Landlord, such as for example, example bringing in portable air-air conditioning or heating equipment, then there shall not be any no abatement of RentBase Rent or Tenant’s Share of Operating Expenses, Utility Expenses and/or Tax Expenses. As used herein, The term “Eligible CausesEligibility Period” shall mean a period of five (i5) an interruption of utility or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s use of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties shall not constitute Eligible Causes. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 below.consecutive business days after

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Base Rent and Tenant's Share of Operating Expenses and Real Property Taxes shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for 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 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; provided, however, in the event that Tenant is prevented from using, and does not use, a 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 Operating Expenses and Real Property Taxes for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses and Real Property Taxes 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 Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained in this Leaseherein, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes's purposes as reasonably determined by Landlord, such as for example, example bringing in portable air-air conditioning or heating equipment, then there shall not be any no abatement of RentBase Rent and Tenant's Share of Operating Expenses and Real Property Taxes. As used herein, “Eligible Causes” The term "Eligibility Period" shall mean a period of five (i5) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice. Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses and Real Property Taxes shall be Tenant's sole and exclusive remedy at law or in equity for an interruption Abatement Event and such abatement shall not apply in case of utility damage to, or mechanical services to the Premisesdestruction of, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandateBuilding, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s use of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties eminent domain proceedings which shall not constitute Eligible Causes. The be governed by separate provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 belowLease.

Abatement. Notwithstanding anything to the contrary contained in this Lease, if Tenant’s 's use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“"Eligible Causes”") and such disruption materially interferes with the conduct of Tenant’s 's business in the Premises for five three (53) consecutive business days or twenty (20) days in any twelve (12) month period calendar year (such five three (53) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “"Eligibility Period”"), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 32.15 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Basic Rent and Additional Rent additional rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s 's business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Basic Rent and Additional Rent additional rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, bringing in portable air-conditioning equipment, then there shall not be any abatement of Rent. As used herein, “"Eligible Causes” " shall mean (i) an interruption of utility or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s 's employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s 's failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s 's use of the Premises resulting from acts or omissions of Tenant or any of Tenant’s 's Parties (as defined in Section 6.4 below) shall not constitute Eligible Causes. The provisions of this Section 7.6 3.3 shall not, however, apply in the event of a casualty governed by the provisions of Section 18 below or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 Section 19 below.

Abatement. Notwithstanding anything Following an Abatement Event, the Lessor shall diligently proceed to repair or replace the Premises to as nearly as possible the condition existing prior to the contrary contained happening of the casualty. Except as otherwise provided in this LeaseLease Agreement, if Tenant’s use the existence or nonexistence of insurance proceeds shall have no bearing on said duty to repair or replace the Premises. To the extent an Abatement Event causes the entire Premises to be rendered untenantable, all or Rental Payments shall cease as of the date of the Abatement Event and no further Rental Payments shall accrue until the entire Premises is again ready for occupancy. In the event that only a material part portion of the Premises is materially impaired due to any of rendered untenantable, the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant Lessee shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent a Proportionate Abatement in the Rental Payments due under this Lease based upon Agreement. The Lessor and Lessee hereby agree that the determination of whether all or any portion of the Premises affected thereby (provided that if is available for the operation use and occupancy of Tenant’s business from the remainder Lessee following an Abatement Event shall be made by the Department of Public Works of the County of Los Angeles or such other department or agency of the County of Los Angeles responsible for determining availability for occupancy of the Premises not affected thereby in a manner similar to that which is not reasonably practicable under employed in determining whether similar public buildings are available for use and occupancy and evidenced by the circumstances and Tenant in fact does not operate issuance or continuing validity of a certificate of occupancy for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease which determination shall be subject binding upon the parties hereto. In the event the County of Los Angeles or its departments and agencies are unable to such abatement) from the commencement make a determination of the Eligibility Period until availability of the applicable material impairment is curedPremises for use and occupancy within thirty (30) days after the filing of a request for such determination by the Lessor or the Lessee, any other public agency with building code enforcement capability with respect to the Premises may make such a determination, which determination shall be binding upon the parties hereto. The Lessor shall apply for all necessary permits and commence the repair and restoration of the Premises within 120 days of the Abatement Event; provided, however, that such period shall be extended if Landlord the Lessor is diligently pursuing prevented from commencing the repair and restoration of the Premises as a result of a force majeure event as provided in Section 26(g). Commencement of the repair and restoration shall require (a) notification of the appropriate insurance company (or companies) and (b) the placing of the necessary work order(s) and/or contract(s) for obtaining the labor and materials to accomplish the repair and restoration. The Lessor will be responsible for securing the area to prevent injury to persons and/or vandalism to the Facilities; the actual costs for said activities shall be reimbursed to the Lessor from any insurance proceeds permitted to be so expended. If the Lessor should fail thereafter to pursue said repair and restoration work with reasonable diligence to completion, the Lessee may give the Lessor 30 days’ prior written notice and thereafter perform or cause to be performed the restoration work and deduct the cost thereof in excess of the insurance proceeds from the Renewal and Replacement Fund as a charge against the Lessor. In the event the Lessor commences the repair and restoration, any proceeds of insurance deposited with the Lessee or the Trustee shall be paid out to the Lessor or its contractor in accordance with the progress of the repair and restoration. Any insurance proceeds in excess of the amount required to restore the Premises to a tenantable condition and available for use and occupancy by the Lessee shall be deposited into the Renewal and Replacement Fund and applied in accordance with the provisions governing such utilities Renewal and Replacement Fund. In the event the Lessor refuses to commence the repair and restoration of the Premises and the Lessee elects not to undertake such repair and restoration of the Premises, then any proceeds of insurance deposited with the Trustee or services the Lessee shall be applied to the prepayment of the outstanding Bonds; provided, however, that in the event the insurance proceeds received by the Lessor or the Trustee are attributable to damage or destruction of a portion of the Premises and Landlord provides substitute services reasonably suitable for Tenant’s purposesthe Base Rent payable under this Lease Agreement after such prepayment would not be sufficient to pay the remaining principal and interest represented by the Bonds, such as for example, bringing in portable air-conditioning equipment, then there insurance proceeds shall not be any abatement of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption of utility or mechanical services applied to the Premises, (ii) an inability to access prepayment of the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to outstanding Bonds but shall instead be made applied to the Premises or Building which are repair and restoration of the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of LandlordPremises. Any impairment of Tenant’s use of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties excess insurance proceeds shall not constitute Eligible Causes. The provisions of this Section 7.6 shall not, however, apply be deposited in the event Renewal and Replacement Fund after payment of a casualty or in all necessary expenses and the event Lessor shall have no claim to any portion of a taking or condemnation governed by the provisions of Sections 17 and 18 belowsuch proceeds.

Abatement. Notwithstanding anything to the contrary contained in this Lease, if Tenant’s use in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of all (a) the negligent acts or willful misconduct of Landlord or its agents, contractors or employees, or (b) the presence of Hazardous Materials in, on or around the Project which were not caused or introduced by Tenant and which Hazardous Materials pose a material part and significant health risk to occupants of the Premises is materially impaired due to any (each, an “Abatement Event”), then Tenant shall give Landlord notice of the causes identified in subparagraphs such Abatement Event, and if such Abatement Event continues for three (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (53) consecutive business days or twenty after Landlord's receipt of any such notice (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), then the Monthly Basic Rent and all additional rent shall be abated or reduced, as any such the case may be, after expiration of the Eligibility Period may for such time that Tenant continues to be extended due to Force Majeure Delays (as defined so prevented from using, and does not use, the Premises or a portion thereof, in Section 32.17 the proportion that the rentable area of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business Tenant is prevented from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances using, and Tenant in fact does not operate for business from use, bears to the remainder total rentable area of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, in the event that Tenant is prevented from using, and does not use, a 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, in Tenant's judgment reasonably exercised, and if Landlord Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is diligently pursuing so prevented from effectively conducting its business therein, the repair Monthly Basic Rent and all additional rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies (other than to effectuate repairs or reinstate its furniture, fixtures and equipment and personal property) 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 utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, bringing in portable air-conditioning equipment, then there shall not be any abatement reoccupied portion of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption the Premises bears to the total rentable area of utility or mechanical services to the Premises, shall be payable by Tenant from the date Tenant reoccupies (iiother than to effectuate repairs or reinstate its furniture, fixtures and equipment and personal property) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s use such portion of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties shall not constitute Eligible Causes. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 belowPremises.

Abatement. Notwithstanding anything to the contrary contained in this Lease, if Tenant’s use of all or a material part of An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises is materially impaired due to or any portion thereof, as a result of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred failure to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such provide utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, bringing in portable air-conditioning equipment, then there shall not be any abatement of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption of utility or mechanical services to the Premises, (ii) an inability any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or parking areas within such portion thereof, and such event is caused by the Project negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice "Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" (as that term is defined below), then the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for 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 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; provided, however, in the event that Tenant is prevented from using, and does not use, 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 entitled so prevented from effectively conducting its business herein, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses for the entire Premises shall be abated for such time as Tenant continues to use pursuant be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to this Lease unless resulting 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 governmental mandatethe date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) or (iii) entry upon above, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the Premises by applicable Abatement Notice (provided that Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of LandlordTenant's sole remedy for an Abatement Event. Any impairment of Tenant’s use of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties shall not constitute Eligible Causes. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 below.This

Abatement. An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide utilities or services to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Base Rent and Tenant’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for 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 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; provided, however, in the event that Tenant is prevented from using, and does not use, a 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses 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 Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained in this Leaseherein, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposespurposes as reasonably determined by Landlord, such as for example, example bringing in portable air-air conditioning or heating equipment, then there shall not be any no abatement of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption of utility Base Rent or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of Tenant’s use Share of the Premises resulting from acts or omissions of Tenant or any of Tenant’s Parties shall not constitute Eligible Causes. The provisions of this Section 7.6 shall notOperating Expenses, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 below.Insurance Expenses,

Abatement. An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide utilities or services to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Base Rent and Tenant’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for 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 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; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses 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 Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained in this Leaseherein, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, example bringing in portable air-air conditioning or heating equipment, then there shall not be any no abatement of RentBase Rent or Tenant’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. As used herein, The term “Eligible CausesEligibility Period” shall mean a period of five (i5) an interruption of utility or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or consecutive days after Landlord’s employeesand Landlord’s mortgagee’s (if applicable), agents or contractors, receipt of the applicable Abatement Notice (iv) repairs, maintenance or other work provided that Landlord will be provided additional time as required to be made remedy such event so long as Landlord is diligently attempting to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) Landlord’s failure remedy such Abatement Event and pursues such remedy to conduct repairs, maintenance or other work required completion). Such right to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of xxxxx Base Rent and Tenant’s use Share of the Premises resulting from acts or omissions of Tenant or any of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant’s Parties shall not constitute Eligible Causessole remedy for an Abatement Event. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 below.This

Abatement. An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide utilities or services to the Premises, where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by (A) the negligence or willful misconduct of Landlord, its agents, employees or contractors, or (B) Landlord’s exercise of its rights under Article 27 (other than pursuant to subsections (B) or (C) thereof). Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Base Rent and Tenant’s Share of Operating Expenses, Insurance Expenses and/or Tax Expenses shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for 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 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; provided, however, in the event that Tenant is prevented from using, and does not use, a 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 Operating Expenses, Insurance Expenses and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant’s Share of Operating Expenses, Insurance Expenses and/or Tax Expenses 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 Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained in this Leaseherein, if Tenant’s use of all or a material part of the Premises is materially impaired due to any of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair restoration of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposespurposes as reasonably determined by Landlord, such as for example, example bringing in portable air-air conditioning or heating equipment, then there shall not be any no abatement of RentBase Rent or Tenant’s Share of Operating Expenses, Insurance Expenses and/or Tax Expenses. As used herein, The term “Eligible CausesEligibility Period” shall mean a period of five (i5) an interruption of utility or mechanical services to the Premises, (ii) an inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or consecutive business days after Landlord’s employees, agents or contractors, (iv) repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, and/or (v) and Landlord’s failure mortgagee’s (if applicable), receipt of the applicable Abatement Notice. Such right to conduct repairs, maintenance or other work required to be made to the Premises or Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord. Any impairment of xxxxx Base Rent and Tenant’s use Share of the Premises resulting from acts or omissions of Tenant or any of Operating Expenses, Insurance Expenses and/or Tax Expenses shall be Tenant’s Parties shall not constitute Eligible Causessole remedy for an Abatement Event. The provisions of this Section 7.6 shall not, however, apply in the event of a casualty or in the event of a taking or condemnation governed by the provisions of Sections 17 and 18 below.This