Common use of Rent Abatement Due to Casualty Clause in Contracts

Rent Abatement Due to Casualty. Landlord and Tenant agree and acknowledge that Tenant shall be provided with full abatement of Rent during the time period commencing on the last to occur of (i) the date of the Casualty or (ii) the date Tenant ceases to enjoy the substantial benefit of the Premises, and continuing until Substantial Completion of Landlord's restoration obligations as provided herein ("Abatement Period"), provided that if Tenant is only able to occupy a portion of the Premises and receive the substantial benefit of such portion for Tenant's uses of the Premises, Rent shall be abated during the Abatement Period for the portion of the Premises not occupied by Tenant. Landlord and Tenant acknowledge and agree that the Rent abatement as provided in this Section is Tenant's sole remedy due to the occurrence of the Casualty and that Landlord shall not be liable to Tenant or any other person for any indirect or consequential damage (including, but not limited to, lost profits of Tenant or loss of or interference with Tenant's business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's employees, contractors, licensees, or invitees, due to or arising out of or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for Tenant's direct damages as a result of the Casualty arising from Landlord's negligence or wilful misconduct. Tenant acknowledges and agrees that Tenant shall maintain adequate business interruption insurance to provide coverage as to such indirect or consequential damages.

Rent Abatement Due to Casualty. Landlord and Tenant agree and acknowledge that that, if the Casualty was not the result of the gross negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Tenant shall be provided with full a proportionate abatement of Rent based on the Rentable Square Footage of the Premises rendered unusable (due to physical damage to the Premises or Base Building Systems or the unavailability of access to the Premises) and not used by Tenant, but only to the extent that Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as a part of Operating Expenses. That proportional abatement, if any, shall be provided during the time period commencing beginning on the last to occur later of (ia) the date of the Casualty or (iib) the date on which Tenant ceases to enjoy occupy the substantial benefit Premises and ending on the date of the Premises, and continuing until Substantial Completion of Landlord's restoration obligations as provided herein ("Abatement Period")in this Article 15. Subject to section 15.4, provided that if Tenant is only able to occupy a portion of the Premises and receive the substantial benefit of such portion for Tenant's uses of the Premises, Rent shall be abated during the Abatement Period for the portion of the Premises not occupied by Tenant. Landlord and Tenant acknowledge and agree that the Rent abatement as provided in this Section section 15.5 is Tenant's sole remedy due to the occurrence of the Casualty and that Casualty. Landlord shall not be liable to Tenant or any other person or entity for any indirect direct, indirect, or consequential damage (including, including but not limited to, to lost profits of Tenant or loss of or interference with Tenant's business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's employees, contractors, licensees, or invitees, due to or to, arising out of of, or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for Tenant's direct damages as a result of the Casualty arising from Landlord's negligence or wilful misconduct. Tenant acknowledges and agrees that Tenant shall maintain adequate business interruption insurance to provide coverage as to such indirect or consequential damages.connection

Rent Abatement Due to Casualty. Landlord and Tenant agree that, if the Casualty was not the result of the negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, and acknowledge provided that Tenant is not then in default under this Lease, Tenant shall be provided with full a proportionate abatement of Rent based on the Rentable Square Footage of the Premises rendered unusable (due to physical damage to the Premises or Project systems or components, or the unavailability of access to the Premises) and not used by Tenant. That proportional abatement, if any, shall be provided during the time period commencing beginning on the last to occur later of (ia) the date of the Casualty or (iib) the date on which Tenant ceases to enjoy occupy the substantial benefit Premises and ending on the date of the Premises, and continuing until Substantial Completion of Landlord's restoration obligations as provided herein ("Abatement Period"), provided that if Tenant is only able to occupy a portion of the Premises and receive the substantial benefit of such portion for Tenant's uses of the Premises, Rent shall be abated during the Abatement Period for the portion of the Premises not occupied by Tenantin this Article 15. Landlord and Tenant acknowledge and agree that the The Rent abatement as provided in this Section section 15.4 is Tenant's sole remedy due to the occurrence of the Casualty and that Casualty. Landlord shall not be liable to Tenant or any other person or entity for any indirect direct, indirect, or consequential damage (including, including but not limited to, to lost profits of Tenant or loss of or interference with Tenant's business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's employees, contractors, licensees, or invitees, due to or to, arising out of of, or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for Tenant's direct damages as a result of with the Casualty arising from Landlord's negligence or wilful misconductCasualty). Tenant acknowledges and agrees that Tenant shall to maintain adequate business interruption insurance in amounts and with coverage no less than that required by subsection 14.7.2 to provide coverage as regarding such matters. If Landlord elects to repair the Premises and fails to complete such indirect or consequential damagesrepairs within two hundred seventy (270) days of the Repair Period Notice, Tenant shall have the right to terminate this Lease by written notice to Landlord at any time after such two hundred seventy (270) days period prior to Landlord’s completion of the repairs.

Rent Abatement Due to Casualty. Landlord and Tenant agree that, if (a) the Casualty was not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees, or invitees or (b) the casualty was caused by the negligence of Tenant's agents, employees, contractors, licensees, or invitees, and acknowledge that Landlord is maintaining, as an Operating Expense, rental abatement insurance, then to the extent Landlord is entitled to proceeds from such insurance Tenant shall be provided with full a proportionate abatement of Rent based on the Rentable Square Footage of the Premises rendered unusable and not used by Tenant. That proportional abatement, if any, shall be provided during the time period commencing beginning on the last to occur later of (ia) the date of the Casualty or (iib) the date on which Tenant ceases to enjoy occupy the substantial benefit affected portion of the Premises, Premises and continuing until ending on the date of Substantial Completion of Landlord's restoration obligations as provided herein ("Abatement Period"), provided that if Tenant is only able in this Article. Subject to occupy a portion of the Premises and receive the substantial benefit of such portion for Tenant's uses of the Premisestermination right described above, Rent shall be abated during the Abatement Period for the portion of the Premises not occupied by Tenant. Landlord and Tenant acknowledge and agree that the Rent abatement as provided in this Section paragraph is Tenant's sole remedy due to the occurrence of the Casualty and that Casualty. Landlord shall not be liable to Tenant or any other person or entity for any indirect direct, indirect, or consequential damage (including, including but not limited to, to lost profits of Tenant or loss of or interference with Tenant's business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's employees, contractors, licensees, or invitees, due to or to, arising out of of, or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for with the Casualty). If deemed appropriate by Tenant's direct damages as a result of the Casualty arising from Landlord's negligence or wilful misconduct. , Tenant acknowledges and agrees that Tenant shall may maintain adequate business interruption insurance to provide coverage as to regarding such indirect or consequential damagesmatters.

Rent Abatement Due to Casualty. Landlord and Tenant agree and acknowledge that that, if the Casualty was not the result of negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Tenant shall be provided with full a proportionate abatement of Rent based on the Rentable Square Footage of the Premises rendered unusable (due to physical damage to the Premises or Base Building Systems or the unavailability of access to the Premises) and not used by Tenant, but only to the extent that Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as a part of Operating Expenses. That proportional abatement, if any, shall be provided during the time period commencing beginning on the last to occur later of (ia) the date of the Casualty or (iib) the date on which Tenant ceases to enjoy occupy the substantial benefit Premises and ending on the date of the Premises, and continuing until Substantial Completion of Landlord's restoration obligations as provided herein ("Abatement Period"), provided that if Tenant is only able in this Article 15. Subject to occupy a portion of the Premises and receive the substantial benefit of such portion for Tenant's uses of the Premises, Rent shall be abated during the Abatement Period for the portion of the Premises not occupied by TenantSection 15.4. Landlord and Tenant acknowledge and agree that the Rent abatement as provided in this Section 15.5 is Tenant's sole remedy due to the occurrence of the Casualty and that Casualty. Landlord shall not be liable to Tenant or any other person or entity for any indirect direct, indirect, or consequential damage (including, including but not limited to, to lost profits of Tenant or loss of or interference with Tenant's business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's employees, contractors, licensees, or invitees, due to or to, arising out of of, or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for Tenant's direct damages as a result of with the Casualty arising from Landlord's negligence or wilful misconductCasualty). Tenant acknowledges and agrees that Tenant shall to maintain adequate business interruption insurance in amounts and with coverage no less than that required by Subsection 14.7.2 to provide coverage as to regarding such indirect or consequential damagesmatters.

Rent Abatement Due to Casualty. Landlord and Tenant agree and acknowledge that that, if the Casualty was not the result of the negligence or willful misconduct of Tenant or Tenant’s agents, employees, contractors, licensees, or invitees, Tenant shall be provided with full a proportionate abatement of Rent based on the Rentable Square Footage of the Premises rendered unusable and not used by Tenant. That proportional abatement, if any, shall be provided during the time period commencing beginning on the last to occur later of (ia) the date of the Casualty or (iib) the date on which Tenant ceases to enjoy occupy the substantial benefit of the Premises, and continuing until Substantial Completion of Landlord's restoration obligations as provided herein ("Abatement Period"), provided that if Tenant is only able to occupy a affected portion of the Premises and receive ending on the substantial benefit date of such portion for Tenant's uses Substantial Completion of the Premises, Rent shall be abated during the Abatement Period for the portion of the Premises not occupied by Tenant. Landlord and Tenant acknowledge and agree that the Rent abatement Landlord’s restoration obligations as provided in this Section Article. Subject to Tenant’s termination right described above, the Rent abatement provided in this paragraph is Tenant's ’s sole remedy due to the occurrence of the Casualty and that Casualty. Landlord shall not be liable to Tenant or any other person or entity for any indirect direct, indirect, or consequential damage (including, including but not limited to, to lost profits of Tenant or loss of or interference with Tenant's ’s business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's ’s employees, contractors, licensees, or invitees, due to or to, arising out of of, or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for with the Casualty). If deemed appropriate by Tenant's direct damages as a result of the Casualty arising from Landlord's negligence or wilful misconduct. , Tenant acknowledges and agrees that Tenant shall may maintain adequate business interruption insurance to provide coverage as to regarding such indirect or consequential damagesmatters.

Rent Abatement Due to Casualty. Landlord and Tenant agree and acknowledge that Tenant shall be provided with full abatement of Rent during the time period commencing on the last to occur of (i) the date of the Casualty or (ii) the date Tenant ceases to enjoy the substantial benefit of the Premises, and continuing until Substantial Completion of Landlord's restoration obligations as provided herein ("Abatement Period"), provided that if Tenant is only able to occupy a portion of the Premises and receive the substantial benefit of such portion for Tenant's uses of the Premises, Rent shall be abated during the Abatement Period for the portion of the Premises not occupied by Tenant. Landlord and Tenant acknowledge and agree that the Rent abatement as provided in this Section is Tenant's sole remedy due to the occurrence of the Casualty and that Landlord shall not be liable to Tenant or any other person for any direct, indirect or consequential damage (including, but not limited to, lost profits of Tenant or loss of or interference with Tenant's business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's employees, contractors, licensees, or invitees, due to or arising out of or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for Tenant's direct damages as a result of the Casualty arising from Landlord's negligence or wilful misconduct). Tenant acknowledges and agrees that Tenant shall maintain adequate business interruption insurance to provide coverage as to such indirect or consequential damagesmatters.

Rent Abatement Due to Casualty. Landlord and Tenant agree and acknowledge that Tenant Tenant's Rent shall be provided with full abatement of Rent fully abated during the time period commencing beginning on the last to occur later of (ia) the date of the Casualty or (iib) the date on which Tenant ceases to enjoy occupy the Premises and ending on the date of substantial benefit of the Premises, and continuing until Substantial Completion completion of Landlord's restoration obligations as provided herein in this Article 11 and a reasonable period of time for Tenant's installation of property, furniture, fixtures and equipment to the extent the same shall have been removed as a result of such Casualty ("Casualty Abatement Period"). If, provided that if however, Tenant is only able to occupy all or a portion of the Premises and receive the substantial benefit of such portion for Tenant's uses of the Premises, Rent shall be abated during the Casualty Abatement Period only for the portion of the Premises not occupied occupiable by Tenant. Landlord and Tenant acknowledge and agree that Except as otherwise provided in this Lease, the Rent abatement as provided in this Section is Tenant's sole remedy due to the occurrence of the Casualty and that Casualty. Landlord shall not be liable to Tenant or any other person or entity for any indirect direct, indirect, or consequential damage (including, but not limited to, including lost profits of Tenant or loss of or interference with Tenant's business, or otherwise), whether or not caused by the negligence of Landlord or Landlord's employees, contractors, licensees, or invitees, due to or to, arising out of of, or as a result of the Casualty (including but not limited to the termination of the Lease in connection therewith) but Landlord shall be liable for Tenant's direct damages as a result of with the Casualty arising from Landlord's negligence or wilful misconductCasualty). Tenant acknowledges and agrees that Tenant shall to maintain adequate business interruption insurance in amounts and with coverage no less than that required to provide coverage as to regarding such indirect or consequential damagesmatters.