Rental Abatement. Provided that any damage to either or both of the Property and the Premises is not caused by, or is not the result of acts or omissions by, any or all of Tenant and Tenant’s Parties, if (a) the Property is damaged by fire or other casualty thereby causing the Premises to be inaccessible or (b) the Premises are partially damaged by fire or other casualty, the Rent shall be proportionally abated to the extent of any actual loss of use of the Premises by Tenant.
Rental Abatement. If (a) the Property is damaged by fire or other casualty thereby causing the Premises to be inaccessible or (b) the Premises are partially damaged by fire or other casualty, the Rent shall be proportionally abated to the extent of any actual loss of use of the Premises by Tenant.
Rental Abatement. Except to the extent of (a) amounts held by the Trustee in the Base Rental Payment Fund or the Reserve Fund, (b) amounts received in respect of use and occupancy insurance, and (c) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificates, during any period in which, by reason of material damage, destruction, title defect or condemnation there is substantial interference with the use and possession by the City of any portion of the Leased Property, rental payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental Payments, in which case rental payments shall be abated only by an amount equal to the difference. The City shall notify the Trustee in writing of the amount of any such abatement. The City shall calculate the remaining fair rental value. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 hereof, for purposes of determining the fair rental value available to pay Base Rental Payments, fair rental value of the Leased Property shall first be allocated to this Sublease as provided in clause (d) of Section 2.04 hereof. Any abatement of rental payments pursuant to this Section shall not be considered an event of default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease by virtue of any such interference and this Sublease shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insurance, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased P...
Rental Abatement. If (a) the Premises are damaged by fire or other casualty thereby causing the Premises to be inaccessible or (b) the Premises are partially damaged by fire or other casualty, the Rent shall be proportionally abated to the extent of any actual loss of use of the Premises by Tenant.
Rental Abatement. In an effort to offset Sublessee’s relocation and tenant improvement costs, Base Rent shall be conditionally abated for months one (1) through seven (7) of the Term (the “Monthly Abatement Credit”); provided, however, Rent for month eight (8) of the Term in the amount of Eighty Thousand Five Hundred Twenty-Seven and 65/100 Dollars ($80,527.65) shall be due and payable within five (5) days following Sublessee’s receipt of the fully executed Consent. Notwithstanding the foregoing, (a) Sublessee’s seven (7) month rent abatement period shall run from the later of the Commencement Date or the date possession of the Premises is tendered to Sublessee in the condition required for the Commencement Date to occur, and (b) if the Commencement Date occurs on a date other than the first day of a calendar month, then Rent for month eight (8) of the Term shall be reduced so that the Base Rent is abated for the same number of days in month eight (8) of the Term as the number of days preceding the Commencement Date in the calendar month in which the Commencement Date occurs, and any excess prepaid rent shall be applied to Base Rent for month nine (9) of the Term. In the event of premature termination of the Term of this Sublease due to Sublesee’s default, there shall be immediately due and payable from Sublesee, the unamortized portion of the Monthly Abatement Credit actually realized by Sublesee. For purposes of this Section 4(b), the unamortized portion of the Monthly Abatement Credit shall be determined by multiplying the total Monthly Abatement Credit actually realized by Sublessee by a fraction, the numerator of which is the number of months remaining in the Term following premature termination in which unabated Rent would have been payable to Sublessor pursuant to the Sublease, and the denominator of which is the total number of months in the Term, both before and after the premature termination, in which unabated Rent was paid or would have been payable to Sublessor had the Sublease not been terminated. Notwithstanding anything to the contrary in this Section 4(b), the amount of repayment made by the Sublessee pursuant to this Section 4(b) shall not exceed $281,846.78. Any amounts due to Sublessor in accordance with this Section 4(b) shall be in addition to any sums otherwise recoverable pursuant to this Sublease.
Rental Abatement. The Base Rental Payments and Additional Payments shall be abated proportionately, during any period in which by reason of any damage or destruction (other than by condemnation which is hereinafter provided for) there is substantial interference with the use and occupancy of the Facilities by the County, in the proportion in which the initial cost of that portion of the Facilities rendered unusable bears to the initial cost of the whole of the Facilities. Such abatement shall continue for the period commencing with such damage or destruction and ending with the substantial completion of the work of repair or reconstruction. In the event of any such damage or destruction, this Sublease shall continue in full force and effect and the County waives any right to terminate this Sublease by virtue of any such damage or destruction.
Rental Abatement. 11.03.1 If the Premises or Equipment, or any portion thereof, are rendered untenantable by reason of damage or destruction, other than damage or destruction described in Paragraph 11.03.2, the Airline shall be entitled to a pro rata abatement of rentals, based upon size and type of area rendered untenantable, until the Premises or Equipment are restored; provided, however, that the Airline shall not be entitled to any such abatement of rentals at any time if the rate covenant under the Indenture is not at such time being met, or if such abatement would cause the rate covenant to be violated, or if such abatement would prevent the Authority from complying with any additional bonds test under the Indenture.
11.03.2 Notwithstanding any other provisions of this Article 11, if the Premises or Equipment shall be damaged or destroyed by fire or other peril, due to the negligence or willful act or omission of the Airline, its officers, its employees acting within the course and scope of their employment, its agents, or licensees, the Airline shall not be entitled to any rental abatement.
Rental Abatement. Although Base Rent shall continue at all times to accrue at the amounts set forth in the Lease, for the period commencing May 1, 2022 and continuing through May 31, 2022 (the “Rental Abatement Period”), so long as Tenant is not in default under the Lease (any required notice having been given and any applicable cure period having expired), Tenant may xxxxx one hundred percent (100%) of its monthly installment of Base Rent payable under the Lease, but only the Base Rent that relates to the eleven thousand nine hundred three (11,903) square feet of Floor Area identified as the “Supplementary Premises” in the Sixth Amendment as such Floor Area was modified by the Seventh Amendment and the ninety-one thousand four hundred ninety four (91,494) square feet of Floor Area identified as the “Expansion Premises Building” in the Sixth Amendment. The difference between monthly installments of Base Rent payable under the Lease and the amounts payable by Tenant as set forth in this Paragraph 5 shall be “Abated Rental”. The provisions of this Paragraph 5 do not amend Tenant’s other obligations under the Lease including, but not limited to, the payment of Base Rent for other portions of the Premises and any and all Additional Rent or any other charges Tenant is obligated to pay to Landlord, in advance on or before the first day of each calendar month (collectively “Tenant’s Other Obligations”). Nothing contained in this Amendment shall be construed to relieve Tenant of Tenant’s obligation to pay Tenant’s Other Obligations.
Rental Abatement. Notwithstanding anything to the contrary contained in the Lease or in this Second Amendment, and provided that Tenant faithfully performs all of the terms and conditions of the Lease, as amended by this Second Amendment Landlord hereby agrees to xxxxx (i) [***] Dollars ($[***]) of Tenant’s obligation to pay monthly Basic Rental for the Second Expansion Space for the first full calendar month of the Second Expansion Space Term, (ii) [***]% of Tenant’s obligation to pay Monthly Basic Rental for the Second Expansion Space for the ninth (9th), tenth (10th), eleventh (11th), twenty-second (22nd), twenty-third (23rd), thirty-fourth (34th), thirty-fifth (35th) and thirty-sixth (36th) full calendar months of the Second Expansion Space Term, and (iii) [***]% of Tenant’s obligation to pay monthly Basic Rental for the twenty-first (21st) full calendar month of the Second Expansion Space Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other monetary obligations under the Lease, as amended by this Second Amendment. In the event of a default by Tenant under the terms of the Lease, as amended by this Second Amendment, that results in early termination pursuant to the provisions of Section 20 of the Original Lease, then as a part of the recovery set forth in Section 20 of the Original Lease, Landlord shall be entitled to the recovery of the Monthly Basic Rental that was abated under the provisions of this Section 4.
Rental Abatement. Notwithstanding anything to the contrary contained in the Lease or in this Second Amendment, and provided that Tenant faithfully performs all of the terms and conditions of the Lease, as amended by this Second Amendment, Landlord hereby agrees to xxxxx Tenant’s obligation to pay monthly Basic Rental from April 8, 2005 through May 31, 2005. During such abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under the Lease, as amended by this Second Amendment. In the event of a default by Tenant under the terms of the Lease, as amended by this Second Amendment, that results in early termination pursuant to the provisions of Article 19 of the Original Lease, then as a part of the recovery set forth in Article 20 of the Original Lease, Landlord shall be entitled to the recovery of the monthly Basic Rental that was abated under the provisions of this Section 4.
