Common use of Rental Abatement Clause in Contracts

Rental Abatement. 11.03.1 If the Airline 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 its licensees, the Airline shall not be entitled to any rental abatement.

Rental Abatement. 11.03.1 If the Airline 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 agents, or its licensees, the Airline shall not be entitled to any rental abatement.