Common use of Expansion Premises Base Rent Abatement Clause in Contracts

Expansion Premises Base Rent Abatement. Notwithstanding anything to the contrary contained in this First Amendment, but provided Tenant is not in Default hereunder or under the Lease, Landlord hereby grants Tenant an abatement of the Base Rent payable with respect to the Expansion Premises during the period beginning on the Expansion Premises Commencement Date and ending 7 months after the Expansion Premises Commencement Date (“Expansion Premises Base Rent Abatement”). For the avoidance of doubt, if the Expansion Premises Commencement Date occurs on the first day of a month, the Expansion Premises Base Rent Abatement will be measured from that date. If the Expansion Premises Commencement Date occurs on a day other than the first day of a month, the Expansion Premises Base Rent Abatement will be measured from the first day of the following month. Except as provided in the preceding sentences, Tenant shall pay the full amount of Base Rent due with respect to the Expansion Premises in accordance with the provisions of this First Amendment and the Lease. The administration rent set forth in Section 5 of the Lease shall not be abated and shall be based on the amount of Base Rent with respect to the Expansion Premises that would have been payable but for the Expansion Premises Base Rent Abatement. Notwithstanding anything to the contrary in this Section 5(a) the adjustment in the Base Rent as set forth in this Section 5 shall be based on the full and unabated amount of Base Rent payable with respect to the Expansion Premises for the first 12 month period from and after the Expansion Premises Commencement Date (which, solely for purposes of determining the commencement date of the Expansion Premises Base Rent Abatement, shall be April 1, 2020 if the Expansion Premises Commencement Date occurs before such date). To illustrate the operation of the foregoing parenthetical, assume that the Expansion Premises Commencement Date is March 27, 2020. Based on that assumption, the Expansion Premises Commencement Date would be assumed to have commenced on April 1, 2020 for purposes of determining the commencement of the Expansion Premises Base Rent Abatement and the date for increasing the Base Rent for the Expansion Premises.

Expansion Premises Base Rent Abatement. Notwithstanding anything to Provided that no event of default is occurring during the contrary contained in this First Amendmentperiod commencing on December 15, but provided Tenant is not in Default hereunder or under 2012 and ending on January 14, 2013 (the Lease, Landlord hereby grants Tenant an abatement of the “Expansion Premises Base Rent payable with respect Abatement Period”), Tenant shall not be obligated to pay any Base Rent otherwise attributable to the Expansion Premises during the period beginning on the such Expansion Premises Commencement Date and ending 7 months after Base Rent Abatement Period (the Expansion Premises Commencement Date (“Expansion Premises Base Rent Abatement”). For the avoidance of doubt, if the Expansion Premises Commencement Date occurs on the first day of a month, the Expansion Premises Base Rent Abatement will be measured from that date. If the Expansion Premises Commencement Date occurs on a day other than the first day of a month, the Expansion Premises Base Rent Abatement will be measured from the first day of the following month. Except as provided in the preceding sentences, Landlord and Tenant shall pay the full amount of Base Rent due with respect to the Expansion Premises in accordance with the provisions of this First Amendment and the Lease. The administration rent set forth in Section 5 of the Lease shall not be abated and shall be based on the amount of Base Rent with respect to the Expansion Premises that would have been payable but for the Expansion Premises Base Rent Abatement. Notwithstanding anything to the contrary in this Section 5(a) the adjustment in the Base Rent as set forth in this Section 5 shall be based on the full and unabated amount of Base Rent payable with respect to the Expansion Premises for the first 12 month period from and after the Expansion Premises Commencement Date (which, solely for purposes of determining the commencement date of the Expansion Premises Base Rent Abatement, shall be April 1, 2020 if the Expansion Premises Commencement Date occurs before such date). To illustrate the operation of the foregoing parenthetical, assume acknowledge that the Expansion Premises Commencement Date is March 27, 2020. Based on that assumption, the Expansion Premises Commencement Date would be assumed to have commenced on April 1, 2020 for purposes of determining the commencement aggregate amount of the Expansion Premises Base Rent Abatement equals Thirty-Seven Thousand Four Hundred Sixteen and the date for increasing the 00/100 Dollars ($37,416.00). Tenant acknowledges and agrees that during such Expansion Premises Base Rent Abatement Period, such abatement of Base Rent for the Expansion PremisesPremises shall have no effect on the calculation of any future increases in Base Rent or Direct Expenses payable by Tenant pursuant to the terms of the Lease, as hereby amended, which increases shall be calculated without regard to such Expansion Premises Base Rent Abatement. Additionally, Tenant shall be obligated to pay all Additional Rent during the Expansion Premises Base Rent Abatement Period. Tenant acknowledges and agrees that the foregoing Expansion Premises Base Rent Abatement has been granted to Tenant as additional consideration for entering into this First Amendment, and for agreeing to pay the Base Rent and perform the terms and conditions otherwise required under the Lease, as hereby amended. In the event of a default by Tenant under the terms of the Lease, as hereby amended, that results in early termination pursuant to the provisions of Article 19 of the Lease, then as a part of Landlord’s exercise of its remedies as set forth in Section 19.2 of the Lease, Landlord shall be entitled to make a claim to recover the monthly Base Rent that was abated under the provisions of this Section 4.3. The foregoing Expansion Premises Base Rent Abatement set forth in this Section 4.3 shall be personal to the tenant originally named in the Lease (the “Original Tenant”) and shall only apply to the extent that the Original Tenant (and not any assignee, or any sublessee or other transferee of the Original Tenant’s interest in the Lease, as hereby amended) is the Tenant under the Lease, as hereby amended, during such Expansion Premises Base Rent Abatement Period.