Common use of Rent Credit Clause in Contracts

Rent Credit. (a) Subject to Tenant Delay (as defined below) and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work by December 15, 2001 (the “Premises Rent Credit Commencement Date”) and if such failure materially interferes with or prohibits Tenant from performing Tenant’s Work, or from obtaining any permits or approvals necessary for performing or completing Tenant’s Work, Tenant shall receive a credit equal to one (1) days’ worth of Basic Rent for each day beyond the Premises Rent Credit Commencement Date that substantial completion of the Premises Base Building Work is delayed. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work by January 1, 2002 and if such failure materially interferes with or prohibits Tenant from performing Tenant’s Work, or from obtaining any permits or approvals necessary for performing or completing Tenant’s Work, Tenant shall receive a credit equal to two (2) days’ worth of Basic Rent for each day beyond January 1, 2002 that substantial completion of the Premises Base Building Work is delayed. For purposes of this Lease, “Tenant Delay” shall mean (i) any request by Tenant that Landlord delay in the commencement or completion of the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable, for any reason; (ii) any delay in the Base Building Substantial Completion Date caused by Tenant’s contractors, agents and employee’s interference with Landlord and Landlord’s contractor’s, agents, and employees; or (iii) any other act or omission of Tenant or its officers, agents, servants or contractors which causes a delay in the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable. If a delay shall occur in the Base Building Work as a result of Tenant Delay, then Tenant shall, within thirty (30) days after determination of the Rent Commencement Date, and only to the extent that such amount exceeds the rent credit, if any, due to Tenant, pay to Landlord for each day of Tenant’s Delay the amount of Basic Rent, Additional Rent and other charges that would have been payable hereunder had Tenant’s Delay not occurred to the extent that such Tenant Delay caused the Rent Commencement Date to be later than the date such date would have occurred had such Tenant Delay not occurred. Landlord shall give Tenant written notice of a Tenant Delay under clauses (ii) and (iii) above within twenty-four (24) hours after Landlord learns of such Tenant Delay. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work on or before March 1, 2002, Tenant shall have the right to terminate the Lease by written notice to Landlord prior to March 15, 2002, whereupon this Lease shall terminate and be of no further force or effect thirty (30) days after the date of such notice unless Landlord shall have substantially completed the Premises Base Building Work prior to, or within such period.

Rent Credit. The Commencement Date shall not be postponed if the Landlord Work in the Premises is not substantially completed as of the Commencement Date. (The date that the Landlord Work in the Premises is substantially completed, as described in Subsection 4 below, is defined as the "Substantial Completion Date"). However, if the Substantial Completion Date has not occurred on or before ninety (90) days after the later of (a) Subject to Tenant Delay the date the final Plans (as defined belowin EXHIBIT D) have been approved by Landlord and Tenant and (b) the date that Tenant executes and delivers this Lease and all prepaid rent and security deposits required hereunder to Landlord (the date which is 90 days after the later of the dates described in (a) and (b) above is referred to herein as the "Credit Completion Date"), then, following the Substantial Completion Date, Tenant shall be entitled to a rent abatement equal to one day of Base Rental (at the daily rate payable during the first month of the Lease Term) for every day in the period beginning on the Credit Completion Date and ending on the Substantial Completion Date. Landlord and Tenant acknowledge and agree that the Credit Completion Date shall be postponed by the number of days the Substantial Completion Date is delayed due to events of Force Majeure. Further, if Landlord shall have failed to be delayed in substantially complete completing the Landlord Work in the Premises Base Building Work by December 15as a result of any Tenant Delays (defined in Subsection 3 below), 2001 (then, for purposes of determining the “Premises Rent Credit Commencement Substantial Completion Date”) and if such failure materially interferes with or prohibits Tenant from performing Tenant’s Work, or from obtaining any permits or approvals necessary for performing or completing Tenant’s Work, Tenant shall receive a credit equal to one (1) days’ worth the date of Basic Rent for each day beyond the Premises Rent Credit Commencement Date that substantial completion of the Premises Base Building Landlord Work is delayed. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work by January 1, 2002 and if such failure materially interferes with or prohibits Tenant from performing Tenant’s Work, or from obtaining any permits or approvals necessary for performing or completing Tenant’s Work, Tenant shall receive a credit equal to two (2) days’ worth of Basic Rent for each day beyond January 1, 2002 that substantial completion of the Premises Base Building Work is delayed. For purposes of this Lease, “Tenant Delay” shall mean (i) any request by Tenant that Landlord delay in the commencement or completion of the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable, for any reason; (ii) any delay in the Base Building Substantial Completion Date caused by Tenant’s contractors, agents and employee’s interference with Landlord and Landlord’s contractor’s, agents, and employees; or (iii) any other act or omission of Tenant or its officers, agents, servants or contractors which causes a delay in the Premises Base Building Work, or shall be deemed to be the Common Facilities Base Building Work, as applicable. If a delay shall occur in the Base Building day that said Landlord Work as a result of Tenant Delay, then Tenant shall, within thirty (30) days after determination of the Rent Commencement Date, and only to the extent that such amount exceeds the rent credit, if any, due to Tenant, pay to Landlord for each day of Tenant’s Delay the amount of Basic Rent, Additional Rent and other charges that would have been payable hereunder had Tenant’s Delay not occurred to the extent that substantially completed absent any such Tenant Delay caused the Rent Commencement Date to be later than the date such date would have occurred had such Tenant Delay not occurred. Landlord shall give Tenant written notice of a Tenant Delay under clauses (ii) and (iii) above within twenty-four (24) hours after Landlord learns of such Tenant Delay. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work on or before March 1, 2002, Tenant shall have the right to terminate the Lease by written notice to Landlord prior to March 15, 2002, whereupon this Lease shall terminate and be of no further force or effect thirty (30) days after the date of such notice unless Landlord shall have substantially completed the Premises Base Building Work prior to, or within such periodDelay(s).

Rent Credit. (a) Subject to Tenant Delay (as defined below) and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work by December 15, 2001 (the “"Premises Rent Credit Commencement Date”") and if such failure materially interferes with or prohibits Tenant from performing Tenant’s 's Work, or from obtaining any permits or approvals necessary for performing or completing Tenant’s 's Work, Tenant shall receive a credit equal to one (1) days’ ' worth of Basic Rent for each day beyond the Premises Rent Credit Commencement Date that substantial completion of the Premises Base Building Work is delayed. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work by January 1, 2002 and if such failure materially interferes with or prohibits Tenant from performing Tenant’s 's Work, or from obtaining any permits or approvals necessary for performing or completing Tenant’s 's Work, Tenant shall receive a credit equal to two (2) days’ ' worth of Basic Rent for each day beyond January 1, 2002 that substantial completion of the Premises Base Building Work is delayed. For purposes of this Lease, “"Tenant Delay” " shall mean (i) any request by Tenant that Landlord delay in the commencement or completion of the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable, for any reason; (ii) any delay in the Base Building Substantial Completion Date caused by Tenant’s 's contractors, agents and employee’s 's interference with Landlord and Landlord’s 's contractor’s's, agents, and employees; or (iii) any other act or omission of Tenant or its officers, agents, servants or contractors which causes a delay in the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable. If a delay shall occur in the Base Building Work as a result of Tenant Delay, then Tenant shall, within thirty (30) days after determination of the Rent Commencement Date, and only to the extent that such amount exceeds the rent credit, if any, due to Tenant, pay to Landlord for each day of Tenant’s 's Delay the amount of Basic Rent, Additional Rent and other charges that would have been payable hereunder had Tenant’s 's Delay not occurred to the extent that such Tenant Delay caused the Rent Commencement Date to be later than the date such date would have occurred had such Tenant Delay not occurred. Landlord shall give Tenant written notice of a Tenant Delay under clauses (ii) and (iii) above within twenty-four (24) hours after Landlord learns of such Tenant Delay. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work on or before March 1, 2002, Tenant shall have the right to terminate the Lease by written notice to Landlord prior to March 15, 2002, whereupon this Lease shall terminate and be of no further force or effect thirty (30) days after the date of such notice unless Landlord shall have substantially completed the Premises Base Building Work prior to, or within such period.