Common use of Rent Abatement Clause in Contracts

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under this Lease and such failure causes all or a portion of the Premises to be untenantable, or if the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantable, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “Landlord Failure”). If Landlord has not cured such Landlord Failure within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure and Xxxxxx’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failure. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under this Lease and such failure causes all or a portion of the Premises to be untenantable, or if the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantable, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “Landlord Failure”). If Landlord has not cured such Landlord Failure within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure and XxxxxxTenant’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failure. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to provide any of the services required to be provided by Landlord under Section 6.1 or to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the non-functioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the non-functioning of the elevator or any other service essential to Tenant’s use and occupancy of the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a the “Landlord Failure”). If Landlord has not cured such Landlord Failure and reinstated such services within five three (53) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure and XxxxxxTenant’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure and reinstate such services within three two (32) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after of the Initial Notice to the earlier of the date Landlord cures such Landlord Failure or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failure. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by ‘Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a the “Landlord FailureDefault”). , If Landlord has not cured such Landlord Failure Default within five three (53) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure and Xxxxxx’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx axxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, Tenant for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx axxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, . nothing contained herein shall be interpreted to mean that Tenant tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “"Initial Notice”"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “the "Landlord Failure”Default"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “"Eligibility Period”"), Tenant may deliver an additional notice to Landlord (the “"Additional Notice”"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx abate the payment of Rent under this Lease. If Landlord does Landxxxx xoes not cure such Landlord Failure sucx Xxxdlord Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx abate Rent payable under this Lease for that portion of the Premises rendered rendxxxx untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx abate Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureequitx xxx x Xxndlord Default. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease and (whether or not such failure relates to the negligence or willful misconduct of Landlord, its employees, agents, or contractors), (ii) such failure causes all or a portion of the Premises to be untenantableuntenantable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the nonfunctioning of electricity in the Premises, the nonfunctioning of the elevator service to the Premises, the nonfunctioning of the fire sprinkler-system, or if (B) a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a the “Landlord FailureAbatement Event”). If Landlord has not cured such Landlord Failure Abatement Event within five three (53) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure Abatement Event and XxxxxxTenant’s intention to xxxxx the abatx xxx payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Abatement Event within three two (32) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent abatx Xxxt payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five three (53) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx shall abatx Xxxt xxxll be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failurean Abatement Event. Except as provided in this Section 6.46.7, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a the “Landlord FailureDefault”). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure Default and XxxxxxTenant’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the HVAC system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “"Initial Notice”"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “the "Landlord Failure”Default"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “"Eligibility Period”"), . Tenant may deliver an additional notice to Landlord (the “"Additional Notice”"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx abate the payment of Rent under this Lease. If Landlord does not cure such cuxx xxch Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx abate Rent payable under this Lease for that portion of the Premises rendered Premisex xxxdered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx abate Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity xxxxty for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.46.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “"Initial Notice”"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “the "Landlord Failure”Default"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “"Eligibility Period”"), Tenant may deliver an additional notice to Landlord (the “"Additional Notice”"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx the abatx xxx payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent abatx Xxxt payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx abatx Xxxt shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the water in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “"Initial Notice”"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “the "Landlord Failure”Default"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “"Eligibility Period”"), Tenant may deliver an additional notice to Landlord (the “"Additional Notice”"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails Notwithstanding anything to perform the obligations required of Landlord under contrary in this Lease and such contained, if due to (i) any repairs, alterations, replacements, or improvements made by Landlord, (ii) Landlord’s failure causes all to make any repairs, alterations, or a improvements required to be made by Landlord hereunder, or to provide any service required to be provided by Landlord hereunder, (iii) failure of electric supply caused by Landlord, or (iv) the presence of any Hazardous Materials not introduced or caused by Tenant or anyone for whom Tenant is legally responsible, any portion of the Premises is so adversely affected thereby so that for the Premises Untenantability Cure Period, as hereinafter defined, the continued operation in the ordinary course of Tenant’s business is adversely affected, then, provided that Tenant ceases to be untenantable, or if use the negligence or willful misconduct of Landlord causes all or a affected portion of the Premises during the entirety of the Premises Untenantability Cure Period by reason of such adverse effect, and that such adverse effect and Landlord’s inability to become untenantablecure such condition is not caused by the fault or neglect of Tenant or Tenant’s agents, Tenant employees or contractors, Annual Fixed Rent and Operating Cost Excess shall give Landlord notice (thereafter be abated, retroactively back to the beginning of the Premises Untenantability Cure Period, in proportion to such adverse effect and its impact on the continued operation in the ordinary course of Tenant’s business until the day such condition is completely corrected. For the purposes hereof, the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein Premises Untenantability Cure Period” shall be defined as a “Landlord Failure”). If Landlord has not cured such Landlord Failure within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure and Xxxxxx’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure within three (3) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) consecutive business days after the Initial Notice to the earlier Landlord’s receipt of written notice from Tenant of the date Landlord cures condition causing such Landlord Failure or adverse effect in the date Premises, provided however, that the Premises Untenantability Cure Period shall be five(5) consecutive business days after Landlord’s receipt of written notice from Tenant recommences the use of such portion condition causing such adverse effect in the Premises if either the condition was caused by causes beyond Landlord’s control or Landlord is unable to cure such condition as the result of the Premisescauses beyond Landlord’s control. Such right to xxxxx Xxxx shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the The provisions of California Civil Code Section 1932(1this clause (C) shall not apply in the event of such adverse effect caused by fire or any other applicable existing casualty, or future law permitting the termination of this Lease due to a service or utility interruption or failure. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereundertaking (see Article XIV).

Rent Abatement. If Landlord fails to perform the obligations required --------------- of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “Initial Notice”"INITIAL NOTICE"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “Landlord Failure”the "LANDLORD DEFAULT"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”"ELIGIBILITY PERIOD"), Tenant may deliver an additional notice to Landlord (the “Additional Notice”"ADDITIONAL NOTICE"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “"Initial Notice”"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “the "Landlord Failure”Default"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “"Eligibility Period”"), Tenant may deliver an additional notice to Landlord (the “"Additional Notice”"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableunusable by, or if inaccessible to, Tenant and such failure relates to (x) the negligence nonfunctioning of the Building HVAC system in the Premises, the interruption of electricity to the Premises, the nonfunctioning of the elevator service to the Premises, or willful misconduct of Landlord causes (y) a failure to provide access to all or a portion of the Premises (including as a result of any work performed by Landlord in or about the Premises or the Building unless in response to become untenantableTenant's request or as a result of Tenant's breach of this Lease), Tenant shall give Landlord notice to the Building management office and the other Landlord notice addresses set forth in Section 11 of the Summary (the “"Initial Failure Notice”"), specifying such failure to perform by Landlord or (the "Abatement Event"). The address for the Building management office is currently 000 Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, provided that Landlord may change such negligence or willful misconduct (referred address and its other notice addresses from time to herein as a “Landlord Failure”)time by notice to Tenant. If Landlord has not cured such Landlord Failure Abatement Event within five three (53) business days after the receipt of the Initial Failure Notice (the “"Eligibility Period”"), Tenant may deliver an additional notice to Landlord (the “"Additional Failure Notice”"), specifying such Landlord Failure Abatement Event and Xxxxxx’s Tenant's intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Abatement Event within three (3) business days of receipt of the Additional Failure Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable unusable or inaccessible and not used by Tenant, for the period beginning on the date five (5) business days after expiration of the Initial Notice Eligibility Period to the earlier of the date Landlord cures such Landlord Failure Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failurean Abatement Event. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “Initial Notice”"INITIAL NOTICE"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “Landlord Failure”the "LANDLORD DEFAULT"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”"ELIGIBILITY PERIOD"), Tenant may deliver an additional notice to Landlord (the “Additional Notice”"ADDITIONAL NOTICE"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx abate the payment of Rent under this Lease. If Landlord does not cure such curx xxxh Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx abate Rent payable under this Lease for that portion of the Premises rendered xxxxered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right Notwithstanding anything contained in this Section 6.4, in the event such Landlord Default is shown by Tenant to xxxxx Xxxx be directly attributable to the negligence or intentional acts of Landlord, its agents or employees, and if Tenant is unable to utilize the Premises for a period of two hundred seventy (270) cumulative days within any twenty-four (24)-month period after Landlord's receipt of the Initial Notice, Tenant may terminate this Lease by written notice to Landlord at any time after the number of said two hundred seventy (270) days has been exceeded, until the date upon which such services or utilities are restored. Tenant's rights set forth in this Section 6.4 shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the non-functioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the non-functioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “"Initial Notice”"), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a “the "Landlord Failure”Default"). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “"Eligibility Period”"), Tenant may deliver an additional notice to Landlord (the “"Additional Notice”"), specifying such Landlord Failure Default and Xxxxxx’s Tenant's intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s 's sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be untenantableuntenantable and unusable by Tenant and such failure relates to the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or if a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a the “Landlord FailureDefault”). If Landlord has not cured such Landlord Failure Default within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure Default and XxxxxxTenant’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Default within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Default or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failureDefault. Except as provided in this Section 6.46.4 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If Landlord fails to perform the obligations required of Landlord under this Lease and such failure causes all or a portion of the Premises to be untenantable, or if untenantable and such failure relates to the negligence or willful misconduct of Landlord causes all or a portion non-functioning of the Premises to become untenantableBase Building HVAC, mechanical, electrical or plumbing systems, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a the “Landlord Failure”). If Landlord has not cured such Landlord Failure within five (5) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure and Xxxxxx’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure within three five (35) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five (5) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Under no circumstances shall any public safety power shutoff (“PSPS”), planned maintenance outage or other power shutoff by PG&E or any other utility provider render Landlord liable to Tenant for abatement of Rent. Tenant’s right to xxxxx Xxxx shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failure. Except as provided in this Section 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Rent Abatement. If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease and (whether or not such failure relates to the negligence or willful misconduct of Landlord, its employees, agents, or contractors), (ii) such failure causes all or a portion of the Premises to be untenantableuntenantable by Tenant, and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the nonfunctioning of electricity in the Premises, the nonfunctioning of the elevator service to the Premises, the nonfunctioning of the fire sprinkler-system, or if (B) a failure to provide access to the negligence or willful misconduct of Landlord causes all or a portion of the Premises to become untenantablePremises, Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord or such negligence or willful misconduct (referred to herein as a the “Landlord FailureAbatement Event”). If Landlord has not cured such Landlord Failure Abatement Event within five three (53) business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Landlord Failure Abatement Event and XxxxxxTenant’s intention to xxxxx axxxx the payment of Rent under this Lease. If Landlord does not cure such Landlord Failure Abatement Event within three two (32) business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx axxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date five three (53) business days after the Initial Notice to the earlier of the date Landlord cures such Landlord Failure Abatement Event or the date Tenant recommences the use of such portion of the Premises. Such right to xxxxx Xxxx axxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for a Landlord Failure. Without limiting the generality of the foregoing, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law permitting the termination of this Lease due to a service or utility interruption or failurean Abatement Event. Except as provided in this Section 6.46.7, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.