Common use of Temporary Space and/or Rent Abatement During Repairs or Renovation Clause in Contracts

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writing, Landlord shall make available to Tenant other space in the Building which, in Tenant’s reasonable opinion, is suitable for the temporary conduct of Tenant’s business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable square foot payable hereunder for the Premises, times the number of rentable square feet available for Tenant’s use in the temporary space. If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovation, then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of such Casualty, Work or Renovation, Tenant shall be provided with a proportionate abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be based on the usable square footage of the Premises that cannot and is not actually used by Tenant, divided by the total usable square feet contained in the Premises. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s normal business operations in all or any portion of the Premises, and shall end on the date Landlord achieves substantial completion of restoration of the Premises, including, without limitation, the Improvements.

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writingTenant, Landlord shall make available to Tenant other space in the Building which, in Tenant’s reasonable opinion, is suitable for the temporary conduct of Tenant’s business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable square foot payable hereunder for the Premises, times the number of rentable square feet available for Tenant’s use in the temporary space. If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovation; and further provided that the Casualty was not the result of the gross negligence or willful misconduct of Tenant or the gross negligence and/or willful misconduct of Tenant’s agents, contractors, directors, employees, licensees, officers, partners or shareholders, then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of such Casualty, Work or Renovation, Tenant shall be provided with a proportionate abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be based on the usable square footage of the Premises that cannot and is not actually used by Tenant, divided by the total usable square feet contained in the Premises. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s normal business operations in all or any portion of the Premises, and shall end on the date Landlord achieves substantial completion of restoration of the Premises. Said abatement of Rent shall be deemed Tenant’s waiver of any claim or right of claim for any loss or damage asserted by Tenant arising out of the Casualty Repair, includingWork or Renovation, without limitation, as the Improvementscase may be.

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writingTenant, Landlord shall make available to Tenant other space in the Building which, in Tenant’s 's reasonable opinion, is suitable for the temporary conduct of Tenant’s 's business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable Rentable square foot payable hereunder for the Premises, times the number of rentable Rentable square feet available for Tenant’s 's use in the temporary space; provided, however, that Tenant shall be entitled to xxxxx rent for the Premises for that period of time subsequent to the Casualty and prior to Tenant's move in to the temporary space. If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovation, then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of such Casualty, Work or Renovation, Tenant shall be provided with a proportionate abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be based on the usable square footage Usable Square Footage of the Premises that cannot and is not actually used by Tenant, divided by the total usable Usable square feet contained in the Premises. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s 's normal business operations in all or any portion of the Premises, and shall end on the date first Monday after Landlord achieves substantial completion and notifies Tenant that Landlord has achieved substantial completion of restoration of the PremisesPremises to the extent that the same are usable for Tenant's business operations. Tenant's acceptance of said abatement of Rent shall be deemed conclusive evidence of Tenant's waiver of any further claim or right of future claim for any loss or damage asserted by Tenant arising out of the Casualty Repair, includingWork or Renovation, without limitationas the case may be, except with respect to any claim based upon the Improvementsgross negligence or willful misconduct of Landlord, or Landlord's agents, employees or contractors.

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writingTenant, Landlord shall make available to Tenant other space in the Building which, in Tenant’s reasonable opinion, is suitable for the temporary conduct of Tenant’s business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable square foot loot payable hereunder for the Premises, times the number of rentable square feet available for Tenant’s use in the temporary space. If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovation, then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of such Casualty, Work or Renovation, Tenant shall be provided with a proportionate an abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be Rent based on upon the usable square footage extent to which Tenant’s use of the Premises that cannot and is not actually used by Tenant, divided by the total usable square feet contained in the Premisesdiminished. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) on: the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s normal business operations in all or any portion of the Premises, Casualty and shall end on the date Landlord achieves substantial completion of restoration of the Premises. Tenant’s acceptance of said abatement of Rent shall be deemed conclusive evidence of Tenant’s waiver of any further claim or right of future claim for any loss or damage asserted by Tenant arising out the Casualty Repair, includingWork or Renovation, without limitation, as the Improvementscase may be.

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writingTenant, Landlord shall make available to Tenant other space in the Building which, in Tenant’s 's reasonable opinion, is suitable for the temporary conduct of Tenant’s 's business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable Rentable square foot payable hereunder for the Premises, times the number of rentable Rentable square feet available for Tenant’s 's use in the temporary space. If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovationoptional renovation; and further provided that the Casualty was not the result of the gross negligence or willful misconduct of Tenant or the gross negligence and/or willful misconduct of Tenant's agents, contractors, directors, employees, licensees, officers, partners or shareholders, then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of such Casualty, Work or Renovationoptional renovation, Tenant shall be provided with a proportionate abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be based on the usable square footage Usable Square Footage of the Premises that cannot and is not actually used by Tenant, divided by the total usable Usable square feet contained in the Premises. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s 's normal business operations in all or any portion of the Premises, and shall end on the date Landlord achieves substantial completion of restoration of the Premises. Tenant's acceptance of said abatement of Rent shall be deemed conclusive evidence of Tenant's waiver of any further claim or right of future claim for any loss or damage asserted by Tenant arising out of the Casualty Repair, includingWork or Renovation, without limitation, as the Improvementscase may be.

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writingTenant, Landlord shall make available to Tenant other space in the Building which, in Tenant’s reasonable opinion, is suitable for the temporary conduct of Tenant’s business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable square foot payable hereunder for the Premises, times the number of rentable square feet available for Tenant’s use in the temporary space. If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovation; and further provided that the Casualty was not the result of the gross negligence or willful misconduct of Tenant or the gross negligence and/or willful misconduct of Tenant’s agents, contractors, directors, employees, licensees, officers, partners or shareholders, then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of such Casualty, Work or Renovation, Tenant shall be provided with a proportionate abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be based on the usable square footage of the Premises that cannot and is not actually used by Tenant, divided by the total usable square feet contained in the Premises. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s normal business operations in all or any portion of the Premises, and shall end on the date Landlord achieves substantial completion of restoration of the Premises. Tenant’s acceptance of said abatement of Rent shall be deemed conclusive evidence of Tenant’s waiver of any further claim or right of future claim for any loss or damage asserted by Tenant arising out of the Casualty Repair, includingWork or Renovation, without limitation, as the Improvementscase may be.

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writingTenant, Landlord shall make available to Tenant other space in the Building which, in Tenant’s 's reasonable opinion, is suitable for the temporary conduct of Tenant’s 's business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable Rentable square foot payable hereunder for the Premises, times the number of rentable Rentable square feet available for Tenant’s 's use in the temporary space. 22 If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovationoptional renovation; and further provided that the Casualty was not the result of the gross negligence or willful misconduct of Tenant or the gross negligence and/or willful misconduct of Tenant's agents. contractors, directors, employees, licensees, of officers, partners or shareholders. then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of or such Casualty, Work or Renovation, optional renovation. Tenant shall be provided with a proportionate abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be based on the usable square footage Usable Square Footage of the Premises that cannot and is not actually used by Tenant, divided by the total usable Usable square feet contained in the Premises. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s 's normal business operations in all or any portion of the Premises, and shall end on the date Landlord achieves substantial completion of restoration of the Premises. Tenant's acceptance of said abatement of Rent shall be deemed conclusive evidence of Tenant's waiver of any further claim or right of future claim for any loss or damage asserted by Tenant arising out of the Casualty Repair, includingWork or Renovation, without limitation, as the Improvementscase may be.

Temporary Space and/or Rent Abatement During Repairs or Renovation. During the Repair Period or during any such period that Landlord completes Work (as defined hereinbelow) or Renovations (as defined in Section 12.11 hereinbelow), if available, and if requested by Tenant in writingTenant, Landlord shall make available to Tenant other space in the Building which, in Tenant’s reasonable opinion, is suitable for the temporary conduct of Tenant’s business. However, if such temporary space is smaller than the Premises, Tenant shall pay Fixed Monthly Rent and Additional Rent for the temporary space based upon the calculated rate per rentable square foot payable hereunder for the Premises, times the number of rentable square feet available for Tenant’s use in the temporary space. If the Casualty is a result of the gross negligence or willful misconduct of Landlord or a Landlord Party, then Landlord shall pay for any and all of Tenant’s reasonable expenses incurred in moving into the temporary space. If no temporary space is available that is reasonably satisfactory to Tenant, and any part of the Premises is rendered untenantable by reason of such Casualty, Work or Renovation; and further provided that the Casualty was not the result of the gross negligence or willful misconduct of any Tenant Party, then to the extent that all or said portion of the usable area of the Premises is so rendered untenantable by reason of such Casualty, Work or Renovation, Tenant shall be provided with a proportionate abatement of Fixed Monthly Rent and Additional Rent. Said proportional abatement shall be based on the usable square footage Usable Area of the Premises that cannot and is not actually used by Tenant, divided by the total usable square feet contained in Usable Area of the Premises. That proportional abatement, if any, shall be provided during the period beginning on the later of: (a) the date of the Casualty; or (b) the actual date on which Tenant ceases to conduct Tenant’s normal business operations in all or any portion of the Premises, and shall end on the date Landlord achieves substantial completion of restoration of the Premises. Tenant’s acceptance of said abatement of Rent shall be deemed Tenant’s waiver of any further claim or right of future claim for any loss or damage asserted by Tenant arising out of the Casualty Repair, includingWork or Renovation, without limitation, as the Improvementscase may be.