Common use of SPECIAL ABATEMENT OF RENT Clause in Contracts

SPECIAL ABATEMENT OF RENT. Notwithstanding the provisions of Section ------------------------- ------- 6.2 above to the contrary, in the event that during the Lease Term Tenant is --- prevented from using, and does not use, the Premises or any portion thereof as a result of (i) any failure by Landlord to provide any of the essential utilities and services to the Premises required to be provided by Landlord under Section ------- 6.1 of this Lease, (ii) any failure by Landlord to provide access to the --- Premises (including as a result of any Renovations undertaken by Landlord pursuant to Section 29.30 of this Lease or construction pursuant to Section ------------- ------- 29.32), (iii) any act by Landlord which unreasonably prevents Tenant from ----- conducting its business in the Premises (and Tenant does not conduct its business in the Premises as a result of such act) or (iv) Landlord's failure to promptly, timely and diligently perform any repairs, maintenance or alterations required by this Lease to be performed by Landlord, after the Lease Commencement Date, which substantially interferes with Tenant's use of the Premises (any such set of circumstances as set forth in items (i) through (iv), above, to be known as an "Abatement Event"), then Tenant shall give Landlord notice of such Abatement Event. If such Abatement Event continues for five (5) consecutive business days after Landlord's receipt of any such notice from Tenant ("Eligibility Period"), then the Base Rent shall be abated or reduced, as the case may be, during such time after the Eligibility Period that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the

SPECIAL ABATEMENT OF RENT. Notwithstanding the provisions of Section ------------------------- ------- 6.2 SECTION 6.3 above to the contrary, in the event that during the Lease Term Tenant is --- prevented from using, and does not use, the Premises or any portion thereof as a result of (i) any failure by Landlord to provide any of the essential utilities and services to the Premises required to be provided by Landlord under Section ------- SECTION 6.1 of this Lease, (ii) any failure by Landlord to provide access to the --- Premises (including including, without limitation, as a result of any Renovations undertaken by Landlord pursuant to Section 29.30 SECTION 29.24 of this Lease or construction pursuant to Section ------------- ------- 29.32Lease), or (iii) any act failure by Landlord which unreasonably prevents Tenant from ----- conducting its business in to perform Landlord's repair obligations pursuant to SECTION 7.1 below, and such failure is not the Premises (and Tenant does not conduct its business in the Premises as a result of such act) the negligence or (iv) Landlord's failure to promptly, timely and diligently perform willful misconduct of Tenant or any repairs, maintenance or alterations required by this Lease to be performed by Landlord, after the Lease Commencement Date, which substantially interferes with of Tenant's use of the Premises employees, agents, contractors, licensees or invitees (any such set of circumstances as set forth in items (i) through (iv), above, to event shall be known as an a "Abatement Event"), then Tenant shall give Landlord notice of such Abatement Event. If such Abatement Event continues for five (5) consecutive business days after Landlord's receipt of any such notice from Tenant or ten (10) business days after Landlord's receipt of any such notice in any twelve (12) consecutive month period ("Eligibility Period"), then the Base Rent and Tenant's Share of Operating Expenses and Taxes shall be abated or reduced, as the case may be, during such time after the Eligibility Period that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable usable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable usable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of thethe Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Operating Expenses and Taxes shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant re-occupies any portion of the Premises during such period, the rent allocable to such re-occupied portion, based on the proportion that the usable area of such re-occupied portion of the Premises bears to the total usable area of the Premises, shall be payable by Tenant from the date Tenant re-occupies such portion of the Premises. Except as expressly provided in this SECTION 6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. Notwithstanding the foregoing provisions of this SECTION 6.4 to the contrary which limits Tenant's right to abatement for only those time periods which follow the Eligibility Period, (A) to the extent Tenant is specifically entitled to abatement without regard to the Eligibility Period because of an eminent domain taking and/or because of a casualty damage or destruction pursuant to the provisions of Articles 11 or 13 below, then the Eligibility Period shall not be applicable, and (B) the Eligibility Period shall also not be applicable following the occurrence of any other Abatement Event described above which is not an eminent domain taking or a casualty damage or destruction, to the extent and for the number of days that Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses.

SPECIAL ABATEMENT OF RENT. Notwithstanding the provisions of Section ------------------------- ------- 6.2 6.3 above to the contrary, in the event that during the Lease Term Tenant is --- prevented from usingeffectively conducting its business, and does not use, conduct its business in the Premises or any portion thereof as a direct result of (i) any failure by Landlord to provide any of the essential utilities and services to the Premises required to be provided by Landlord under Section ------- 6.1 of this Lease, (ii) any failure by Landlord to provide access to the --- Premises (including as a result of any Renovations undertaken by Landlord pursuant to Section 29.30 of this Lease Premises, or construction pursuant to Section ------------- ------- 29.32), (iii) any act by Landlord which unreasonably prevents Tenant from ----- conducting its business in the Premises (and Tenant does not conduct its business in the Premises as a result of such act) or (iv) Landlord's failure to promptly, timely and diligently perform any repairs, maintenance or alterations required by this Lease to be performed by Landlord, after the Lease Commencement Date, which substantially interferes with Tenant's use of ability to conduct its business in the Premises or (iv) the material interference with or unreasonable disturbance of Tenant's ability to conduct business operations in the Premises pursuant to the provisions of Sections 1.1.3, 29.30, 29.32 and Article 27 herein, (any such set of circumstances as set forth in items (i) through (iv), above, to be known as an "Abatement EventABATEMENT EVENT"), then Tenant shall give Landlord notice of such Abatement Event. If such Abatement Event continues for five three (53) consecutive business days after Landlord's receipt of any such notice from Tenant ("Eligibility PeriodELIGIBILITY PERIOD"), then the Base Rent for the Premises shall be abated or reduced, as the case may be, during such time after the Eligibility Period that Tenant continues to be so prevented from usingconducting its business in, and does not useconduct its business in, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of thethe Eligibility Period, and the remaining portion of the Premises is not reasonably sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not effectively conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent shall be abated for such time as Tenant continues to be so prevented from conducting business operations therein, and does not conduct business operations therein. If, however, Tenant re-occupies any portion of the Premises during such period, the Rent allocable to such re-occupied portion, based on the proportion that the rentable square feet of such re-occupied portion of the Premises bears to the total rentable square feet of the Premises, shall be payable by Tenant from the date Tenant re-occupies such portion of the Premises. The mere presence of nonoperational equipment shall not be deemed as Tenant conducting business in the portion of the Premises so occupied by the nonoperational equipment. For purposes of this Section 6.6, Tenant shall not be deemed to be occupying or using the Premises merely by having Tenant's furniture or personal property remaining in the Premises. Such right to abatx Xxxt shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event.