Common use of Abatement of Rent Clause in Contracts

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In Notwithstanding anything to the contrary set forth in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Basic Rent, Tenant’s Share Percentage of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Basic Rent and Tenant’s Share Percentage of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 23 or 13 24 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 23 or 1324, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Basic Rent and Tenant’s Share Percentage of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease25.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure by Landlord to provide services, utilities or access to the Premises as required by this Lease to be provided by Landlord (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. Tenant shall not have a right to receive an abatement of Rent if Tenant is otherwise entitled to receive proceeds from business interruption insurance that Tenant is obligated to carry pursuant to Section 10.3.3 above. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, using the Premises or any material portion thereof, thereof (meaning that Tenant is unable to use that portion of the Premises in the normal course of its business) as a result of (i) any repair, maintenance or alteration negligently performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and as required by this Lease, which substantially interferes with Tenant’s use of the Premises, ; or (ii) any failure to provide servicesthe presence of, or cleanup or remediation activities in connection with, Hazardous Materials brought on the Premises by Landlord or a Landlord Party; or (iii) cessation of utilities or access to the Premises as required services caused by this Lease Landlord’s negligence or willful misconduct (either any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and if such Abatement Event continues for five two (52) consecutive business days after Landlord’s receipt such notice, or occurs for ten (10) non-consecutive business days in a twelve (12) month period (in either of any such notice (events, the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, Rent and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Additional Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from usingusing the Premises, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event proportion that Tenant is prevented from using, and does not use, a portion the floor area of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to useprevented from using (“Unusable Area”), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable floor area of the Premises. If Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of written notice from Tenant, Tenant shall have the right to terminate this Lease during the first ten (10) business days of each calendar month following the end of such 180-day period until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of thirty (30) days’ notice to Landlord and Landlord’s Lender (provided such Lender’s name and notice address were previously provided to Tenant) (the “Abatement Event Termination Notice”) during such ten (10) business-day period, and shall be payable by Tenant from effective as of a date set forth in the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this LeaseTermination Notice (the “Abatement Event Termination Date”), then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period which Abatement Event Termination Date shall not be applicable theretoless than thirty (30) days, and not more than one (1) year, following the delivery of the Abatement Event Termination Notice. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses Abatement Event Termination Notice shall be Tenant’s sole null and exclusive remedy for rent abatement at law or void (but only in equity for an connection with the first notice sent by Tenant with respect to each separate Abatement Event. Except as expressly provided in this Section 19.5.2 ) if Landlord or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderLandlord’s Lender(s) cures such Abatement Event within such thirty (30) day period following receipt of the Abatement Event Termination Notice.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of of: (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, perform after the Lease Commencement Date and was required by this Lease, Lease to perform (and for which is in the reasonable control of Landlord) and which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required to be provided by Landlord by this Lease and such failure is within the reasonable control of Landlord (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “‘‘Abatement Event”), then Tenant shall give Landlord notice of such Abatement EventEvent (“Abatement Event Notice”), and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice Abatement Event Notice (the “Eligibility Period”)) and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after the expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. If Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of the Abatement Event Notice from Tenant, Tenant shall have the right to terminate this Lease by delivery of written notice to Landlord (the “Abatement Event Termination Notice”) no later than ten (10) days following the end of such 180-day period. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses and to terminate this Lease as set forth above shall be Tenant’s sole and exclusive remedy for rent abatement or termination at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.6, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of If (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed fails to perform, after perform the Lease Commencement Date and obligations required by of Landlord under the TCCs of this Lease, which substantially interferes with (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant’s use , and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or (iiB) any a failure to provide services, utilities or access to the Premises as required by this Lease Premises, Tenant shall give Landlord notice (either such set of circumstances as set forth in items (i) or (iithe “Initial Notice”), above, specifying such failure to be known as an perform by Landlord (the “Abatement Event”), then Tenant shall give . If Landlord notice of such Abatement Event, and if has not cured such Abatement Event continues for five within three (53) consecutive business days after Landlord’s the receipt of any such notice the Initial Notice (the “Eligibility Period”), then Tenant may deliver an additional notice to Landlord (the Base Rent“Additional Notice”), Tenant’s Share of Direct Expenses, specifying such Abatement Event and Tenant’s obligation intention to pay for parking xxxxx the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (to the extent not utilized by Tenant3) shall be abated or reduced, as the case may be, after expiration business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use)rendered untenantable and not used by Tenant, and if Tenant does not conduct its for the period beginning on the date three (3) business from days after the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (Initial Notice to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion earlier of the Premises during date Landlord cures such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an a Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure of Landlord to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement EventEvent (which notice, for the purpose of determining the effective date of delivery, will be deemed given when delivered to the Project’s property management office during regular business hours), and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, or the Supplemental Areas (or Supplemental Equipment) or any portion thereof, as a result of Landlord’s breach of this Lease or the negligence or willful misconduct of Landlord or its contractors, licensees or invitees or casualty or condemnation (i) or any repair, maintenance other event covered by Articles 10 or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by 12 of this Lease, which substantially interferes other than with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access respect to the Premises as required by this Lease Supplemental Equipment) (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall may give Landlord written notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice written notice, or occurs for seven (7) days (whether or not consecutive) in a three (3) consecutive month period (in either of such events, the “Eligibility Period”), then (a) Rent for the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Premises shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time 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 (“Premises Unusable Area”), bears to the total rentable area of the Premises, and (2) Rent for the normal conduct Supplemental Areas for which Tenant is required to pay Rent under this Lease, if any, shall be abated after expiration of Tenant’s businessthe Eligibility Period for such time that Tenant continues to be so prevented from using, the Premises and does not use, such Supplemental Areas, or a portion thereof, in the proportion that the rentable area of the portion of such Supplemental Areas for which Tenant is required to pay Rent and that Tenant is prevented from using, and does not use (“SA Unusable Area”), bears to the total rentable area of such Supplemental Areas for which Tenant is required to pay Rent; provided, however, (i) in the event that Tenant is prevented from using, and does not use, the Premises Unusable Area for a portion period of time in excess of the Premises, Eligibility Period and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Rent for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises, and (ii) in the event that Tenant is prevented from using, and does not use, the SA Unusable Area for a period of time in excess of the Eligibility Period and the remaining Premises (portion of the applicable Supplemental Areas for which Tenant is required to pay Rent under this Lease is not sufficient to allow Tenant to effectively conduct its business or portion thereof) that operate its Supplemental Equipment therein, and if Tenant does not use. If, however, Tenant reoccupies any conduct its business or operate its Supplemental Equipment from such remaining portion of such Supplemental Areas, then for such time after expiration of the Premises Eligibility Period during such periodwhich Tenant is so prevented from effectively conducting its business or operating its Supplemental Equipment therein, the Base Rent, Tenant’s Share of Direct ExpensesRent for such entire affected Supplemental Areas for which Tenant is required to pay Rent shall be abated for such time as Tenant continues to be so prevented from using, and Tenant’s obligation does not use, such Supplemental Areas for which Tenant is required to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the PremisesRent. To the extent an Abatement Event Tenant is caused by entitled to abatement because of an event covered by Articles 11 10 or 13 12 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderapplicable.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, There shall be an abatement of rent by reason of damage to or destruction of the Premises or the Building, or any portion thereof, as a result of to the extent that either (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed received insurance proceeds for loss of rental income attributable to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, Premises or (ii) any failure to provide services, utilities or access to the floor area of the Premises as required cannot be reasonably used by this Lease (either such set Tenant for conduct of circumstances as set forth its business, in items which event the Monthly Rental shall xxxxx proportionately according to (i) or (ii), ) above, as appropriate, commencing on the date that the damage to be known as an “Abatement Event”), then Tenant shall give Landlord notice or destruction of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; providedBuilding has occurred, howeverand except that, if Landlord or Tenant elects to terminate this Lease as provided in Subsection B. above, no obligation shall accrue under this Lease after such termination. Notwithstanding the provisions of this Section, if any such damage is due to the fault or neglect of Tenant, any person claiming through or under Tenant, or any of their employees, suppliers, shippers, servants, customers or invitees, then there shall be no abatement of rent by reason of such damage, unless and until Landlord is reimbursed for such abatement pursuant to any rental insurance policy that Landlord may, in its sole discretion, elect to carry. Tenant's right to terminate this Lease in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant any damage or destruction to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant or Building, is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 this Section and therefore Tenant hereby expressly waives the provisions of any and all laws, whether now or 13, as applicablehereafter in force, and the Eligibility Period shall not whether created by ordinance, statute, judicial decision, administrative rules or regulations, or otherwise, that would cause this Lease to be applicable thereto. Such terminated, or give Tenant a right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in terminate this Lease, nothing contained herein shall be interpreted upon any damage to mean or destruction of the Premises or Building that Tenant is excused from paying Rent due hereunderoccurs.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) any “Renovations”, as that term is defined in Section 29.29 of this Lease, which substantially interferes with Tenant’s use of the Premises, or (iiiii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i), (ii) or (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereofthereof for the normal conduct of its business, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, or (iii) any “Renovations,” as that term is defined in Section 29.29 of this Lease (either such set of circumstances as set forth in items (i), (ii) or (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice or occurs for five (5) non-consecutive days in any twelve (12) months’ period (provided Landlord is sent a notice pursuant to Section 29.18 of this Lease of each such Abatement Event) (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises for the normal conduct of its business during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement remedy at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. Notwithstanding anything to the contrary set forth in Section 19.5.1 of this Lease, In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its 000 XXX XXXXXXXXXX XXXXXX rental interruption insurance which covers such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereofthereof (but subject to the terms of Section 7.2, if applicable), 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, each as a direct result of Landlord's, negligence or willful misconduct or breach of this Lease (either and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (any such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s obligation 's obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease6.3, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the applicable Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure of Landlord to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement EventEvent (which notice, for the purpose of determining the effective date of delivery, will be deemed given when delivered to the Project’s property management office during regular business hours), and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In Notwithstanding the foregoing or anything in this Lease to the contrary, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for three (3) consecutive business days or ten (10) business days in any twelve (12) month period (the “Eligibility Period”) as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which that substantially interferes with Tenant’s use of the Premises, the parking facility and/or the Building, or (ii) any failure by Landlord to provide services, utilities Tenant with services or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii)Premises, above, to be known as an “Abatement Event”)the Parking Facility and/or the Building, then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof; provided, however, in the event proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, a portion bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e.does not conduct, the its business in any portion of the Premises that for a period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated Rent for the remaining entire Premises (or portion thereof) that Tenant does not use. Ifshall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderbusiness operations commence.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, (iii) any “Renovations,” as that term is defined in Section 29.31 of this Lease, or (iv) damage and destruction under Article 11 of this Lease (either such set of circumstances as set forth in items (i), (ii), (iii) or (iiiv), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (or such shorter period to the extent that any resulting rent abatement on such shorter period is covered by Landlord’s insurance policies) (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies (other than to effectuate repairs or reinstate its FF&E and personal property) any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies (other than to effectuate repairs or reinstate its FF&E and personal property) such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses and Tenant’s obligation to pay for parking shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement EventEvent except for Tenant’s right to terminate this Lease for a Landlord Default or under Articles 11 or 13. Except as expressly provided in this Article 11, Article 13, and Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, or (iii) any “Renovations,” as that term is defined in Section 29.29 of this Lease (either any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement remedy at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere and as otherwise specifically set forth in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.. 000 XXXXXXXX XXXXXXXXX

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, If the Premises or any portion thereofthe Building are damaged by fire or other casualty, as a result Basic Rent and Escalation Charges payable by Tenant shall xxxxx proportionately for the period from the date of such fire or other casualty until the earlier of (ia) any repairthe date that Landlord substantially completes Landlord’s Restoration Work (provided, maintenance or alteration performed by that if Landlord would have completed Landlord, or which Landlord ’s Restoration Work at an earlier date but for Tenant having failed to performcooperate with Landlord in effecting such Work or collecting insurance proceeds, after then the Lease Commencement Date Premises shall be deemed to have been repaired and required by this Lease, which substantially interferes with Tenant’s use of restored on such earlier date and the Premisesabatement shall cease), or (iib) the date Tenant or any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant subtenant reoccupies any portion of the Premises during such period, (in which case the Base Rent, Tenant’s Share of Direct Expenses, Basic Rent and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Escalation Charges allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies of such occupancy). Notwithstanding any provision contained in this Lease to the contrary, (i) there shall be no abatement with respect to any portion of the PremisesPremises which has not been rendered untenantable by reason of fire or other casualty and which is accessible, whether or not other portions of the Premises are untenantable, and (ii) any abatement of Basic Rent or Escalation Charges applicable to any portion of the Premises which was rendered untenantable by reason of a casualty shall cease on the earliest of the dates referred to in clauses (a) or (b) of the preceding sentence provided such portion is accessible, whether or not other portions of the Premises remain untenantable. To Landlord’s determination of the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenantdate Landlord’s right Restoration Work to xxxxx rent the Premises shall have been substantially completed shall be governed controlling unless Tenant disputes same by the terms notice to Landlord given within ten (10) Business Days after such determination by Landlord, and pending resolution of such Article 11 or 13dispute, as applicable, and the Eligibility Period Tenant shall not be applicable thereto. Such right to xxxxx Base pay Basic Rent and TenantEscalation Charges in accordance with Landlord’s Share of Direct Expenses determination. If the Premises shall be Tenant’s sole affected by any exercise of the power of eminent domain, Basic Rent and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein Escalation Charges payable by Tenant shall be interpreted justly and equitably abated and reduced according to mean that the nature and extent of the loss of use thereof suffered by Tenant. In no event shall Landlord have any liability for damages to Tenant is excused for inconvenience, annoyance, or interruption of business arising from paying Rent due hereunderany fire or other casualty or eminent domain.

Abatement of Rent. In If the event that Tenant is prevented from using, and does not use, the Leased Premises or any portion thereof, as a result of (i) any repair, maintenance thereof is damaged or alteration performed destroyed by Landlord, fire or by other casualty against which the Landlord failed is required to perform, after the Lease Commencement Date and required by insure under this Lease, which substantially interferes with Tenant’s use Rent shall xxxxx in proportion to the area of that portion of the Leased Premises which, in the reasonable opinion of the Landlord, is thereby rendered unfit for the purposes of the Tenant bears to the area of the entire Leased Premises (but only to the extent to which the Landlord actually receives proceeds under its loss of rental income insurance) until the Leased Premises are repaired and rebuilt as certified by the Landlord’s Architect and the Landlord agrees that it will, with reasonable diligence, repair and rebuild the Leased Premises, or (ii) any failure subject to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Section 11.02. The Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay rebuild and restore the Leased Premises shall not include the obligation to rebuild, restore, replace or repair any movable, fixture or Leasehold Improvements or any other thing that is the property of the Tenant and/or for parking which the Tenant is to maintain insurance under paragraph (b) of Section 9.01 (in this Section collectively called “Tenant’s Improvements”); the Leased Premises shall be deemed repaired and rebuilt when the Landlord’s Architect certifies that it has been substantially repaired and rebuilt to the extent not utilized by state where the Tenant could occupy it for the purpose of rebuilding, restoring, replacing or repairing the Tenant) shall be abated or reduced, as the case may be, after expiration ’s Improvements. The issuance of the Eligibility Period for certificate of the Landlord’s Architect shall not relieve the Landlord of its obligation to complete the repairing and rebuilding as aforesaid, but the Tenant shall forthwith after issuance of such time that Tenant continues certificate proceed to be so prevented from usingrebuild, restore, replace and does not use for repair the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicableImprovements, and the Eligibility Period provisions of Section 6.03 shall not be applicable thereto. Such right apply to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Leasesuch work, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereundermutatis mutandis.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, or the Supplemental Areas (or Supplemental Equipment) or any portion thereof, as a result of Landlord’s breach of this Lease (ior Landlord’s breach of the Master Lease which is not caused by Tenant’s breach of this Lease) or the negligence or willful misconduct of Master Landlord or Landlord or any repairof their respective contractors, maintenance licensees or alteration performed invitees or casualty or condemnation (or any other event covered by Landlord, Articles 10 or which Landlord failed to perform, after the Lease Commencement Date and required by 12 of this Lease, which substantially interferes other than with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access respect to the Premises as required by this Lease Supplemental Equipment) (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall may give Landlord written notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice written notice, or occurs for seven (7) days (whether or not consecutive) in a three (3) consecutive month period (in either of such events, the “Eligibility Period”), then (a) Rent for the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Premises shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessPremises, 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 (“Premises Unusable Area”), bears to the total rentable area of the Premises, and (2) Rent for the Supplemental Areas for which Tenant is required to pay Rent under this Lease, if any, shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, such Supplemental Areas, or a portion thereof, in the proportion that the rentable area of the portion of such Supplemental Areas for which Tenant is required to pay Rent and that Tenant is prevented from using, and does not use (“SA Unusable Area”), bears to the total rentable area of such Supplemental Areas for which Tenant is required to pay Rent; provided, however, (i) in the event that Tenant is prevented from using, and does not use, the Premises Unusable Area for a portion period of time in excess of the Premises, Eligibility Period and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Rent for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for such time as Tenant continues to be so prevented from Meet Me Room Sublease using, and does not use, the Premises, and (ii) in the event that Tenant is prevented from using, and does not use, the SA Unusable Area for a period of time in excess of the Eligibility Period and the remaining Premises (portion of the applicable Supplemental Areas for which Tenant is required to pay Rent under this Lease is not sufficient to allow Tenant to effectively conduct its business or portion thereof) that operate its Supplemental Equipment therein, and if Tenant does not use. If, however, Tenant reoccupies any conduct its business or operate its Supplemental Equipment from such remaining portion of such Supplemental Areas, then for such time after expiration of the Premises Eligibility Period during such periodwhich Tenant is so prevented from effectively conducting its business or operating its Supplemental Equipment therein, the Base Rent, Tenant’s Share of Direct ExpensesRent for such entire affected Supplemental Areas for which Tenant is required to pay Rent shall be abated for such time as Tenant continues to be so prevented from using, and Tenant’s obligation does not use, such Supplemental Areas for which Tenant is required to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the PremisesRent. To the extent an Abatement Event Tenant is caused by entitled to abatement because of an event covered by Articles 11 10 or 13 12 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderapplicable.

Abatement of Rent. In Abatement 7. If the event that Tenant is prevented from using, and does not use, said premises or the Premises said building or any portion thereofpart thereof shall at any time during the said term be destroyed or damaged or become inaccessible owing to fire, water, storm, typhoon, defective construction, white ants, earthquake, subsidence of the ground, act of God, force majeure or any calamity or cause beyond the control of the Landlord or the Tenant and not attributable directly or indirectly to any act or default or neglect or omission of the Tenant his servants agents employees contractors or licensees so as to be rendered unfit for use and occupation or inaccessible and the policy or policies of insurance for such risk effected by the Landlord shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default or neglect or omission of the Tenant or if at any time during the continuance of this Agreement the said premises or the said building shall be condemned as a result dangerous structure or a demolition order or closing order shall become operative in respect of (i) the said premises or the said building the happening of which is not attributable directly or indirectly to any repair, maintenance act or alteration performed by Landlord, default or which Landlord failed neglect or omission of the Tenant his servants agents employees contractors or licensees then the rent hereby reserved or a fair proportion thereof according to perform, the nature and extent of the damage sustained or order made shall after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period then current calendar month be suspended until the said premises or the said building shall have been reinstated or again be rendered accessible and fit for such time that Tenant continues use and occupation PROVIDED THAT the Landlord shall be under no obligation to be repair or reinstate the said premises or the said building if in its opinion it is not reasonably economical or practicable so prevented from using, to do and does PROVIDED FURTHER THAT in circumstances when the whole or substantially the whole of the said premises has been rendered inaccessible or unfit for use and occupation and should the said premises not use for the normal conduct of Tenant’s business, the Premises have been reinstated or a portion thereof; provided, however, rendered accessible in the event that meantime either the Landlord or the Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises may at any time after three (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business 3) months from the remaining Premises occurrence of such damage or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (destruction or order give to the extent not utilized by Tenant) other of them notice in writing to determine this Agreement and thereupon the same and everything herein contained shall also cease and be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant void as from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms occurrence of such Article 11 damage or 13destruction or order or of the said premises becoming inaccessible or unfit for use and occupation but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of the agreements, as applicablestipulations, terms and conditions herein contained or of the Eligibility Period shall not be applicable thereto. Such right Landlord in respect of the rent or other charges payable hereunder prior to xxxxx Base Rent and Tenant’s Share the occurrence of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law such damage or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 destruction or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderorder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Rent Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, each as a direct result of Landlord’s, negligence or willful misconduct or breach of this Lease (either and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (any such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide or lack of availability of services, utilities or access to the Premises as required by this Lease (either regardless of cause), or (iii) any "Renovations," as that term is defined in Section 29.29 of this Lease (such set of circumstances as set forth in items (i), (ii) or (iiiii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by to the extent Landlord is obligated to provide same under this Lease (either any such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days Business Days after Landlord’s receipt of any such notice notice, (the “Eligibility Period”), then the Base Fixed Rent, Tenant’s Share of Direct ExpensesTax Payment, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Operating Payment shall be abated or reduced, as the case may be, after the expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Fixed Rent, Tenant’s Share of Direct ExpensesTax Payment, and Tenant’s obligation to pay Operating Payment for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent Fixed Rent, Tenant’s Tax Payment, and Tenant’s Share of Direct Expenses Operating Payment shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. To the extent Tenant is entitled to abatement without regard to the Eligibility Period because of an event described in Section 11.3 or Article 12 of this Lease, then the Eligibility Period shall not be applicable. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease26.22, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure by Landlord to provide services, utilities or access to the Premises as required by this Lease Lease, or (either iii) the presence of hazardous materials not brought on the Premises by Tenant or Tenant’s agents, employees, licensees, invitees, transferees or independent contractors (any such set of circumstances as set forth in items (i) or ), (ii), or (iii) above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event Tenant is caused by entitled to abatement because of an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable theretoapplicable. Such right to xxxxx axxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Rent Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, each as a direct result of Landlord's, negligence or willful misconduct or breach of this Lease (either and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (any such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s obligation Txxxxx's obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s Txxxxx's right to xxxxx axxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”)") and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event; provided, however, that if Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of notice from Tenant, Tenant shall have the right to terminate this Lease until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of notice to Landlord (the "Abatement Event Termination Notice") prior to such time as Landlord has cured the Abatement Event, and shall be effective as of a date set forth in the Abatement Event Termination Notice (the "Abatement Event Termination Date"), which Abatement Event Termination Date shall not be less than five (5) business days, and not more than thirty (30) days, following the delivery of the Abatement Event Termination Notice. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Rent Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, each as a direct result of Landlord's, negligence or willful misconduct or breach of this Lease (either and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (any such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s obligation 's obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, the Premises or a portion thereof, in the proportion that the rentable area of the portion 791223.03/WLA 186772-00003/3-7-19/gjn/gjn -32- [Edgewater Business Park] [Allogene Therapeutics, Inc.] 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s 's right to xxxxx axxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that as a result of any such damage, repair, reconstruction and/or restoration of the Premises or the Building, Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after thereof for the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent shall be abated during the period after the date Tenant can no longer use the Premises or reduced, as the case may be, after expiration of the Eligibility Period for any portion thereof and throughout such time period that Tenant continues to be so prevented from using, using and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event proportion that the Rentable Square Feet of the portion of the Premises that Tenant is prevented from using, and does not use, a portion bears to the total Rentable Square Feet of the Premises. Notwithstanding the foregoing but subject to the provisions of Section 9.3, if the damage is due to the negligence or willful misconduct of Tenant or any Tenant Parties, there shall be no abatement of Rent. However, in the event that Tenant is prevented from using and as result thereof it is commercially impractical for Tenant to does not use all or a portion of the remaining Premises (i.e., the any portion of the Premises that and the remaining portion of the Premises is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time during which it that Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated Rent for the remaining entire Premises (or portion thereof) that Tenant does not use. Ifshall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area Rental Square Feet of such reoccupied portion of the Premises bears to the total rentable area Rental Square Feet of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premisesspace. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then If Tenant’s right to xxxxx abatement occurs during a free rent period which arises after the Commencement Date, Tenant’s free rent period shall be governed extended by the terms Overlap Period (i.e., the number of such Article 11 or 13days that the abatement period overlapped the free rent period). Notwithstanding the foregoing, as applicable, and the Eligibility Period Tenant shall not be applicable thereto. Such right deemed to xxxxx Base Rent and be using the Premises for purposes of this Section 10.3 if Tenant is merely maintaining a skeleton crew within the affected Premises for such purposes as securing Tenant’s Share records and files, forwarding telephone communications, correspondence and deliveries, and/or otherwise enabling those aspects of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for business operations previously conducted within the affected Premises to be carried on from an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderalternative location.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease Lease, each as a direct result of Landlord’s negligence or willful misconduct (and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five ten (510) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of -35- HCP, INC. Sorrento Gateway[Sorrento Therapeutics, Inc.] the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease Lease, each as a direct result of Landlord's negligence or willful misconduct (and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five ten (510) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”)") and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s obligation 's obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use 34 HCP, INC.[4939 Director's Place][Sorrento Therapeutics, Inc.] for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of or ingress to or egress from the PremisesBuilding, Project (including the Project Common Areas), or Premises (including the Project parking areas to the extent reasonable replacement spaces are not provided); or (ii) any failure by Landlord to provide services, utilities or access ingress to and egress from the Building, Project (including the Project Common Areas), or Premises as required pursuant to the TCCs of this Lease; or (iii) the presence of Hazardous Materials not brought on the Premises by "Tenant Parties," as that term is set forth in SECTION 29.35 of this Lease to the extent such presence substantially interferes with Tenant's use of or ingress to or egress from the Building, Project (either including the Project Common Areas), or Premises (including the Project -13- parking areas to the extent reasonable replacement spaces are not provided) (any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “Abatement Event”"ABATEMENT EVENT"), then Tenant shall give Landlord notice Notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice Notice (the “Eligibility Period”"ELIGIBILITY PERIOD"), then then, as Tenant's sole remedy vis-a-vis such Abatement Event, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises Premises, or a portion thereof; provided, however, in the event proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not useuse ("UNUSABLE AREA"), a portion bears to the total rentable area of the Premises. Notwithstanding the foregoing, in the event that Tenant is prevented (from an objective, general pharmaceutical tenant perspective) from conducting, and as result thereof it is commercially impractical for Tenant to use all or a portion does not conduct, its business in more than fifty percent (50%) of the lab/manufacturing portion (as opposed to office/warehouse portions) of the Premises for a period of time in excess of the Eligibility Period, and the remaining Premises (i.e., the lab/manufacturing portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented (again, from an objective, general pharmaceutical tenant perspective) from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated Expenses for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any entire lab/manufacturing portion of the Premises during such periodshall be abated. Landlord and Tenant hereby acknowledge that, in addition to the Base Rentabatement rights set forth in this SECTION 3.3, Tenant’s Share 's abatement rights following an event of Direct Expenses, damage and Tenant’s obligation to pay for parking (destruction or condemnation is provided pursuant to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area TCCs of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles ARTICLES 11 or AND 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of any of the following, to the extent within Landlord’s reasonable control: (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, (ii) Landlord’s entry into the Premises under Article 18 (except in the event of an emergency), or (iiiii) any failure to provide services, utilities or access to the Premises as which Landlord is required by to provide under this Lease (either such set each of circumstances as set forth in items (i) or (ii)the foregoing, above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice written Notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice Notice (the “Eligibility Period”)) and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then then, except to the Base extent covered by business interruption or similar insurance carried or required to be carried by Tenant hereunder, Basic Rent, Tenant’s Share Percentage of Direct Expenses, Operating Expenses and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Percentage of Real Property Taxes shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof; provided, however, in the event proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, a portion bears to the total rentable area of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Basic Rent, Tenant’s Share Percentage of Direct Expenses, Operating Expenses and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Percentage of Real Property Taxes allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent axxxx Basic Rent, Tenant’s Percentage of Operating Expenses and Tenant’s Share Percentage of Direct Expenses Real Property Taxes shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease25.8, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In Notwithstanding anything to the contrary set forth in this Lease, in the event that Tenant Lessee is prevented from using, and does not use, the Premises or any portion thereof, for three (3) consecutive business days or ten (10) business days in any twelve (12) month period (the “Eligibility Period”) as a result of (ia) any damage or destruction to the Premises, the parking facility and/or the Building, (b) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, Lessor after the Lease Commencement Date and required by this LeaseDate, which substantially interferes with TenantLessee’s use of the Premises, or the parking facility and/or the Building, (iic) any failure by Lessor to provide services, utilities Lessee with services or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) Premises, the Parking Facility and/or the Building, or (ii)d) because of the presence of hazardous substances in, aboveon or around the Premises, the Building or the Property which could pose a health risk to be known as an “Abatement Event”)occupants of the Premises, then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after LandlordLessee’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant Lessee continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof; provided, however, in the event proportion that Tenant the rentable area of the portion of the Premises that Lessee is prevented from using, and does not use, a portion bears to the total rentable area of the Premises. However, in the event that Lessee is prevented from conducting, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e.does not conduct, the its business in any portion of the Premises that Tenant for a period of time in excess of the Eligibility Period, and the remaining portion of the Premises is actually able not sufficient to use)allow Lessee to effectively conduct its business therein, and if Tenant Lessee does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Lessee is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated Rent for the remaining entire Premises (or portion thereof) that Tenant does not use. Ifshall be abated; provided, however, Tenant if Lessee reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant Lessee from the date Tenant Lessee reoccupies the Premises or portion thereof. If Lessee’s right to abatement occurs during a free rent period (for these purposes, free rent shall be deemed to include half rent, etc.) which arises after the Commencement Date, Lessee’s free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (“Overlap Period”). Lessor shall have the right to extend the Expiration Date for a period of time equal to the Overlap Period if Lessor sends a notice to Lessee of such election within ten (10) days following the end of the extended free rent period. If Lessee’s right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the parking facility, the Building and/or Lessee’s property, Lessee’s abatement period shall continue until Lessee has been given sufficient time, and sufficient access to the Premises, the parking facility and/or the Building, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed and/or damaged as a result of the Premisessuch damage or destruction and/or eminent domain taking and to move in over a weekend. To the extent an Abatement Event Lessee is caused by entitled to abatement without regard to the Eligibility Period, because of an event covered by Articles 11 or 13 15 and 16 of this the Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable theretoapplicable. Such right To the extent Lessee has prepaid rent (as it does each month since Rent is due on the first day of each month) and Lessee is subsequently entitled to xxxxx Base an abatement, such prepaid, and subsequently abated, Rent should be refunded to, and Tenant’s Share paid by Lessor to, Lessee within thirty (30) days after the end of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderthe appropriate month.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, . as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Demised Premises or any portion thereof, thereof as a result of (i) any repair, maintenance Landlord’s failure to provide Tenant with services or alteration performed by Landlord, or which Landlord failed access to perform, after the Lease Commencement Date and Demised Premises and/or the Building as required by this Lease, which substantially interferes with Tenantis caused by the gross negligence or willful misconduct of Landlord or Landlord’s use of the Premisesemployees, agents or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”)contractors, then Tenant shall give Landlord written notice of any such Abatement Event, event and if such Abatement Event event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, Fixed Rent and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Additional Rent payable under this Lease shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Demised Premises or a portion thereof; provided, however, thereof in the event proportion that the floor area of the portion of the Demised Premises that Tenant is prevented from using, and does not use, a portion bears to the total floor area of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Demised Premises (i.e., 613,174 square feet). However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any portion of the Demised Premises that for a period of time in excess of the Eligibility Period, and the remaining portion of the Demised Premises is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, Fixed Rent and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated Additional Rent for the remaining entire Demised Premises (or portion thereof) that Tenant does not use. Ifshall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Demised Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent allocable to such reoccupied portion, based on the proportion that the rentable floor area of such reoccupied portion of the Demised Premises bears to the total rentable floor area of the Demised Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderbusiness operations commence.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the applicable Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure of Landlord to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement EventEvent (which notice, for the purpose of determining the effective date of delivery, will be deemed given when delivered to the Project's property management office during regular business hours), and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In Notwithstanding anything to the contrary set forth in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required to be provided by Landlord under this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses Expenses, and Tenant's obligation to pay for parking shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities services or access to the Premises as required or the Parking Areas, regardless of whether caused by this Lease circumstances beyond Landlord’s control, (either iii) the presence of Hazardous Materials in, on or around the Retail Area taking into account the standards and guidelines included in the definition of applicable laws with respect to Hazardous Materials, which pose a significant health risk to occupants of the Premises and are not caused by Tenant or any of the Tenant Parties, or (iv) because of the occurrence of a casualty (each such set of circumstances as set forth in items (i) or ), (ii), (iii) and (iv), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice or ten (10) days after Landlord’s receipt of any such notice(s) in any consecutive twelve (12) month period (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration retroactive to the date of the Eligibility Period commencement of the Abatement Event, for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after the commencement of the Abatement Event during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of increases in Direct Expenses, Expenses and Tenant’s Tenants obligation to pay for parking (to for the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises for the purpose of conducting business therein. If, however, Tenant reoccupies any portion of the Premises during such periodperiod for the purpose of conducting business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from during the date period Tenant reoccupies such portion of the Premises. If Tenant’s right to abatement occurs during a free rent period which arises after the Lease Commencement Date, Tenant’s free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (the “Overlap Period”). Landlord shall have the right to extend the expiration date of this Lease for a period of time equal to the Overlap Period if Landlord sends a notice to Tenant of such election within ten (10) days following the end of the extended free rent period. Subject to the provisions of Section 10.1 respecting personal injury or damage to Tenant’s property, such right to xxxxx Base Rent, Tenant’s Share of Direct Expenses and parking charges shall be Tenant’s sole and exclusive remedy at law for damages due to loss of use of the Premises for an Abatement Event; provided, however, that if Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of notice from Tenant, Tenant shall have the right to terminate this Lease during the first five (5) business days of each calendar month following the end of such 180-day period until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of notice to Landlord (the “Abatement Event Termination Notice”) during such five business-day period, and shall be effective as of a date set forth in the Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than ten (10) business days, and not more than six (6) months, following the delivery of the Abatement Event Termination Notice. If Tenant’s right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, Tenant’s abatement period shall continue until Tenant has been given sufficient time and sufficient access to the Premises to rebuild that portion of the Premises, if any, which it is required to rebuild pursuant to this Lease and to install its property, furniture, fixtures, and equipment and to move in over a weekend. To the extent an Abatement Event Tenant is caused by entitled to abatement without regard to the Eligibility Period, because of an event covered by described in Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable theretoapplicable. Such Notwithstanding the foregoing, Tenant shall not have the right to xxxxx Base Rent terminate this Lease pursuant to the terms of this Section 19.8.2, if (A) as of the date of delivery by Tenant of the Abatement Event Termination Notice, the first trust deed holder of the Retail Area (the “Bank”) has recorded a notice of default on the Retail Area or filed a notice evidencing a legal action by the Bank against Landlord on the Retail Area, and Tenant’s Share (B) within ten (10) business days following the date of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an the Abatement Event Termination Notice the Bank notifies Tenant of its intent to proceed to gain possession of the Retail Area, the Bank diligently proceeds to gain possession of the Retail Area, and, to the extent the Bank does gain possession of the Premises, the Bank diligently proceeds to cure such Abatement Event. In addition, Tenant shall not have the right to terminate this Lease pursuant to the foregoing terms of this Section 19.8.2 if the Abatement Event otherwise giving rise to such termination right is due to a casualty pursuant to Article 11 or a taking pursuant to Article 13, it being agreed that Tenant’s termination rights, if any, with respect to any such damage or destruction or taking shall be governed by and set forth in Articles 11 and 13, respectively, and not this Section 19.8.2. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.8.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not useuse (except for the maintenance of a skeleton crew within the Premises for such purposes as securing Tenant’s records and files, forwarding telephone communications, correspondence and deliveries, and otherwise enabling those aspects of Tenant’s business operations previously conducted within the Premises to be carried on from an alternative location), the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, or (iii) any “Renovations,” as that term is defined in Section 29.29 of this Lease (either such set of circumstances as set forth in items (i), (ii) or (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event (which notice may, for the purposes of triggering the commencement of the Eligibility Period (defined below) be delivered by hand to the office of the Project’s property manager during Building Hours (except on Saturdays), provided that copies of such notice are concurrently sent via overnight mail to Landlord’s other addressees for notice hereunder, in order to promptly provide such other addressees with notice of the Abatement Event), and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively 795678.02/WLA376514-00007/1-28-19/ctl/ctl -39- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such periodperiod (except for the maintenance of a skeleton crew as provided above), the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive monetary remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 19.5.2, or elsewhere in this LeaseArticles 11 or 13, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not useuse (except for the maintenance of a skeleton crew within the Premises for such purposes as securing Tenant’s records and files, forwarding telephone communications, correspondence and deliveries, and otherwise enabling those aspects of Tenant’s business operations previously conducted within the Premises to be carried on from an alternative location), the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and in the case of an Abatement Event described in clause (ii) above, to the extent Landlord maintains such insurance, Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use (except for the maintenance of a skeleton crew as provided above) for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such periodperiod (except for the maintenance of a skeleton crew as provided above), the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this LeaseArticles 11 or 13, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of that: (i) there shall be an interruption, curtailment or suspension of any repair, maintenance service or alteration failure to perform any obligation required to be provided or performed by Landlord pursuant to Sections 9 and/or 10 (and no reasonably equivalent alternative service or supply is provided by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes ) that shall materially interfere with Tenant’s use and enjoyment of the Premises, or any portion thereof (any such event, a “Service Interruption”), and (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant Service Interruption shall give Landlord notice of such Abatement Event, and if such Abatement Event continues continue for five (5) consecutive business days after Landlord’s following receipt by Landlord of any such written notice (the “Eligibility Service Interruption Notice”) from Tenant describing such Service Interruption (“Abatement Service Interruption Cure Period”), then and (iii) such Service Interruption shall not have been caused by an act or omission of Tenant or Tenant’s agents, employees, contractors or invitees (an event that satisfies the foregoing conditions (i)-(iii) being referred to hereinafter as a “Material Service Interruption”) then, Tenant, subject to the next following sentence, shall be entitled to an equitable abatement of Base Rent, Tenant’s Share of Direct Expenses, Operating Costs and Tenant’s obligation to pay for parking (to Taxes based on the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration nature and duration of the Eligibility Material Service Interruption and the area of the Premises affected, for any and all days following the Material Service Interruption Cure Period for such time that both (x) the Material Service Interruption is continuing and (y) Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion such affected areas of the Premises that for a bona fide business purpose. Any efforts by Tenant is actually able to use)respond or react to any Material Service Interruption, and if including, without limitation, any activities by Tenant does not conduct to remove its business personal property from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area affected areas of the Premises, shall not constitute a use that precludes abatement pursuant to this Section 10.7(a). The Abatement Service Interruption Cure Period shall be payable extended by Tenant from reason of any delays in Landlord’s ability to cure the date Tenant reoccupies such portion Service Interruption in question caused by Landlord’s Force Majeure, provided however, that in no event shall the extension of the Premises. To Abatement Service Interruption Cure Period with respect to any Service Interruption be longer than fifteen (15) consecutive business days after Landlord receives the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderService Interruption Notice.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice (the "Abatement Notice") of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice, or occurs on thirty (30) non- consecutive days in any 12-month period (provided Landlord received notice of each such non-consecutive Abatement Event) (the “"Eligibility Period”"), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Basic Rent shall be abated or reduced, as the case may bebe (at the rate applicable to the portion of the Premises affected), after retroactive to the date of Landlord's receipt of the Abatement Notice (or in the case of a non-consecutive Abatement Event, for each subsequent occurrence of an Abatement Event following the expiration of the Eligibility Period Period) for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Basic Rent for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent allocable to such reoccupied portionportion (at the rate applicable to such portion of the Premises), based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base axxxx Basic Rent and Tenant’s Share of Direct Expenses shall be Tenant’s 's sole and exclusive rental abatement remedy for rent abatement at law or in equity for an Abatement Event. Notwithstanding the foregoing, if, as a result of an Abatement Event, Tenant is prevented from using and does not use the Premises for a period of one (1) year, Tenant shall have the right to terminate this Lease upon the delivery to Landlord of written notice thirty (30) days prior to such termination (which notice may be given prior to the expiration of the one (1) year period). Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. 13.

Abatement of Rent. In the event that If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) Landlord’s failure to provide electricity, water or HVAC to the Premises as required to be provided in Sections 6.1.1, 6.1.2 or 6.1.3 above, (ii) any repair, maintenance activities undertaken by Landlord or alteration Construction performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required pursuant to Article 23 and/or Section 26.28 below, (iii) any failure by this Lease, which substantially interferes with Tenant’s use of Landlord to provide access to the Premises, or access to, or use of, those parking passes within the Parking Allotment which Tenant has elected to rent pursuant to Section 24.1 below (iito the extent reasonable replacement parking passes are not provided by Landlord), (iv) any failure by Landlord to provide servicesperform any maintenance, utilities repairs or access replacements required to be performed by Landlord pursuant to Section 7.2 below prior to the expiration of the Outside Repair Period (as defined in Section 7.3 below), or (v) the presence of Hazardous Materials in, on or around the Building, the Premises or the Phase IV Real Property which were not caused or introduced by Tenant or Tenant’s agents, employees, licensees or invitees, and which Hazardous Materials pose a material and significant health risk to occupants of the Premises as required determined by this Lease applicable governmental authorities pursuant to applicable Environmental Laws by written notice delivered to Landlord and Tenant (either such set of circumstances as set forth in items (i) or (ii)each, above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if . If such Abatement Event continues for five (5) consecutive business days or twelve (12) non-consecutive business days in any twelve (12) consecutive month period after Landlord’s receipt of any such notice from Tenant (the “Eligibility Period”), then during the Base Rent, Tenant’s Share of Direct Expenses, period from and Tenant’s obligation to pay for parking after the first (to the extent not utilized by Tenant1st) shall be abated or reduced, as the case may be, after expiration of day following the Eligibility Period for and continuing until such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof; providedthereof (the “Unusable Area”): (A) Tenant’s obligation to pay Base Rent and Tenant’s Share of increases in Operating Expenses, howeverTax Expenses and Utilities Costs shall be abated or reduced, as the case may be, in the event proportion that the rentable square feet of the Unusable Area, bears to the total rentable square feet of the Premises; and (B) Tenant’s obligation to pay parking charges for the Parking Passes (as defined below) then-rented by Tenant shall be abated to the extent Tenant does not use such Parking Passes as a direct result of Tenant’s being prevented from using and not using the Unusable Area, but not in excess of four (4) parking passes for every 1,000 rentable square feet of the Unusable Area. However, if (1) due to an Abatement Event less than all of the Premises, but substantial or critical portions of the Premises (such as, for example, Tenant’s computer and data rooms in the Premises), are unfit for occupancy and not used by Tenant beyond the Eligibility Period, (2) as a result thereof, the remainder of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and (3) Tenant does not conduct its business from the Unusable Area of such substantial or critical portions of the Premises affected by such Abatement Event and such remaining portion, then (x) the Base Rent and Tenant’s Share of increases in Operating Expenses, Tax Expenses and Utilities Costs for the entire Premises shall be abated for such time after the expiration of the Eligibility Period that Tenant is continues to be so prevented from using, and does not use, a portion of the entire Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and y) Tenant’s obligation to pay parking charges for parking (all of the Parking Passes then-rented by Tenant shall be abated for such time after the expiration of the Eligibility Period that Tenant continues to be so prevented from using, and does not use, the entire Premises, but only to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. Ifuse such Parking Passes as a direct result of Tenant’s being prevented from using and not using the entire Premises; if, however, Tenant reoccupies any portion of the Premises during such abatement period, then the Base Rent, Rent and Tenant’s Share of Direct increases in Operating Expenses, Tax Expenses and Tenant’s obligation to pay Utilities Costs and parking charges for parking (to the extent not utilized Parking Passes then-rented by Tenant) Tenant allocable to such reoccupied portion, based on the proportion that the rentable area square feet of such reoccupied portion of the Premises bears to the total rentable area square feet of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To As a clarification of the immediately preceding sentence, if Tenant uses Tenant’s computer and data rooms in the Premises following an Abatement Event, such use shall not preclude Tenant from receiving abatement of the Base Rent, Tenant’s Share of increases in Operating Expenses, Tax Expenses and Utilities Costs and parking charges for the remainder of the Premises as and to the extent an Abatement Event is caused by an event covered by Articles 11 or 13 otherwise permitted in the immediately preceding sentence, but if such computer and data rooms are so used, such areas shall not be eligible for any such abatement during the period of this Lease, then such use. If Tenant’s right to xxxxx abatement pursuant to the foregoing provisions of this Section 6.6 occurs during a free rent period which arises after the Lease Commencement Date, Tenant’s free rent period shall be governed by extended for the terms number of days that the abatement period overlapped the free rent period (“Overlap Period”). Landlord shall have the right to extend the Lease Expiration Date for a period of time equal to the Overlap Period if Landlord sends a Notice to Tenant of such Article 11 or 13election within thirty (30) days following the end of the extended free rent period. In addition, as applicable, and during any period following the Eligibility Period shall that Tenant is so prevented from using and does not be applicable thereto. Such right use the Unusable Area and is entitled to xxxxx abatement of Base Rent and Tenant’s Share of Direct increases in Operating Expenses, Tax Expenses and Utilities Costs and parking charges as provided hereinabove, Landlord shall pay to Tenant, to the extent covered by insurance retained by Landlord as part of Operating Expenses, any incremental reasonable, out-of-pocket expense that the Tenant incurs in temporarily relocating the functions previously performed in the Unusable Area to a different location. For this purpose, an incremental expense shall be any expense that the Tenant incurs in temporarily relocating from the Unusable Area to a temporary location and then relocating back to the Unusable Area (after such area has been made fit for Tenant’s Permitted Use) that Tenant would not have had to incur but for such relocation. Such right to xxxxx Base Rent, Tenant’s Share of increases in Operating Expenses, Tax Expenses and Utilities Costs, and parking charges (and right to receive any such incremental out-of-pocket temporary relocation expenses) shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided ; provided, however, that (a) nothing in this Section 19.5.2 or elsewhere in 6.6 shall impair Tenant’s rights under Section 19.7 below, and (b) if Landlord has not cured such Abatement Event within nine (9) months after receipt of notice from Tenant of such Abatement Event, Tenant shall have the right to terminate this LeaseLease during the first ten (10) business days of each calendar month following the end of such nine (9) month period until such time as Landlord has cured the Abatement Event, nothing contained herein which right may be exercised only by delivery of thirty (30) days’ prior notice to Landlord (the “Abatement Event Termination Notice”) during such ten (10) business-day period, and shall be interpreted effective as of a date set forth in the Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than thirty (30) days, and not more than one hundred twenty (120) days, following the delivery of the Abatement Event Termination Notice. Notwithstanding the foregoing to mean that the contrary: (I) Tenant’s Abatement Event Termination Notice shall be null and void (but only in connection with the first Abatement Event Termination Notice sent by Tenant is excused from paying Rent due hereunderwith respect to each separate Abatement Event) if Landlord cures such Abatement Event within such thirty (30) day period following receipt of such Abatement Event Termination Notice; and (II) Tenant shall not have the right to terminate this Lease pursuant to the terms of this Section 6.6, if, as of the date of delivery by Tenant of the Abatement Event Termination Notice, (x) the first trust deed holder of the Building (the “Bank”) has recorded a notice of default on the Building or filed a notice evidencing a legal action by the Bank against Landlord on the Building, (y) the Bank diligently proceeds to gain possession of the Premises and, to the extent Bank does gain possession of the Premises, the Bank diligently proceeds to cure such Abatement Event, and (z) the Bank cures such Abatement Event within ninety (90) days after the Bank gains possession of the Premises. If Tenant’s right to abatement and/or termination pursuant to the foregoing provisions of this Section 6.6 occurs because of a damage or destruction pursuant to Article 11 or a taking pursuant to Article 13, then (I) the Eligibility Period set forth hereinabove shall not be applicable, and (II) Tenant’s termination right provided hereinabove shall not be applicable, as such abatement and termination rights shall be governed by Articles 11 and 13 below, respectively, and this Section 6.6.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and perform as required by this Lease, which substantially interferes with Tenant’s use of or access to the Premises, or (ii) any other failure to provide services, utilities or access to the Premises as required by this Lease Lease, or (either iii) the presence of Hazardous Materials not brought on the Project by Tenant (any such set of circumstances as set forth in items (i), (ii) or (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five four (54) consecutive business days after Landlord’s receipt of any such notice notice, or occurs on more than ten (10) non-consecutive business days in any 12 month period (in either case, the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of from the Eligibility Period date on which the Abatement Event first occurred for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, Premises for a period of time from the date on which the Abatement Event first occurred and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after the occurrence of the Abatement Event during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, Rent and Additional Rent and Tenant’s obligation to pay for parking (to for the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent Rent, Additional Rent, and Tenant’s Share of Direct Expenses parking charges shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity to xxxxx rent for an Abatement Event. If Tenant’s right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Building, the Project’s parking facility, and/or the Project, Tenant’s abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction and to move in over a weekend. Except as expressly provided in this Section 19.5.2 or and elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. If Landlord has not cured such Abatement Event within twelve (12) months after receipt of notice from Tenant, Tenant shall have the right to terminate this Lease by delivery of thirty (30) days’ notice to Landlord (the “Abatement Event Termination Notice”). Such termination shall be effective as of a date set forth in the Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than thirty (30) days, and not more than one (1) year, following the delivery of the Abatement Event Termination Notice. Notwithstanding anything contained in this Section 19.5.2 to the contrary, Tenant’s Abatement Event Termination Notice shall be null and void (but only in connection with the first notice sent by Tenant with respect to each separate Abatement Event) if Landlord cures such Abatement Event within such thirty (30) day period following receipt of the Abatement Event Termination Notice.

Abatement of Rent. In the event that If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any negligent repair, maintenance maintenance, alteration or alteration other negligent activities performed by Landlordor on behalf of Landlord in, on or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of about the Premises, Building or Project or (ii) any negligent failure to provide services, utilities or access to the Premises as Premises, Building or Project that Landlord is required to provide by this Lease or (either iii) any Landlord Party's willful misconduct (any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and ; if such Abatement Event continues for five (5) three consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, 1064686.11 35 however, in the event that if Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx axxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right rights to xxxxx axxxx Base Rent and Tenant’s 's Share of Direct Expenses Expenses, as set forth in this Section 19.5.2, shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement EventEvent not otherwise covered by Articles 11 or 13. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. Nothing contained herein is intended to limit Tenant's rights against any third parties (including other tenants in the Project) to the extent their acts or omissions result in the temporary or permanent interruption, delay or loss of access to, use of, or services or utilities provided to the Premises, Building or Project.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance a failure to provide services or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and utilities as required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or Premises (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice and Landlord does not diligently pursue to completion the remedy of such Abatement Event (the “"Eligibility Period”"), then the Base Rent, Rent and Tenant’s 's Share of Building Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof, in the portion 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, to the extent covered by Landlord's insurance; provided, however, in the event that Tenant is prevented from using, and does not use,, a portion of the Premises, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Building Direct ExpensesExpenses for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and Tenant’s obligation to pay for parking (does not use, the Premises, to the extent not utilized covered by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not useLandlord's insurance. If, however, Tenant reoccupies re-occupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable rent allocated to such reoccupied re-occupied portion, based on the proportion that the rentable area of such reoccupied re-occupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies re-occupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Building Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, (iii) any "Renovations," as that term is defined in Section 29.31 of this Lease, or (iv) damage and destruction under Article 11 of this Lease (either such set of circumstances as set forth in items (i), (ii), (iii) or (iiiv), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (or such shorter period to the “extent that any resulting rent abatement on such shorter period is covered by Landlord's insurance policies) (the "Eligibility Period”"), then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies (other than to effectuate repairs or reinstate its FF&E and personal property) any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies (other than to effectuate repairs or reinstate its FF&E and personal property) such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses and Tenant's obligation to pay for parking shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement EventEvent except for Tenant's right to terminate this Lease for a Landlord Default or under Articles 11 or 13. Except as expressly provided in this Article 11, Article 13, and Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. 00 XXX XXXXXX STAR WAY(Single-Tenant Lease Form)[Rovi Corporation] 19.6 Non Waiver of Redemption by Tenant. Landlord acknowledges that Tenant does not waive its rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant's right of occupancy of the Premises after any termination of this Lease.

Abatement of Rent. In Suspension of If the event that Tenant is prevented from using, and does not use, Premises or the Building or any part thereof shall rent in case at any time during the tenancy be destroyed or damaged or of fire etc become inaccessible owing to fire water storm typhoon defective construction white ants earthquake subsidence of the ground or any calamity beyond the control of the Landlord so as to render the Premises or any portion thereof, part thereof unfit for industrial use or inaccessible and the policy or policies of insurance effected by the Landlord shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default of the Tenant or if at any time during the continuance of this tenancy the Premises or the Building or any part thereof shall be condemned as a result dangerous structure or a demolition order or closing order shall become operative in respect of (i) the Premises or the Building or any repair, maintenance part thereof then the rent hereby reserved or alteration performed by Landlord, a fair proportion thereof according to the nature and extent of the damage sustained or which Landlord failed to perform, order made shall after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use expiration of the Premises, then current month be suspended until the Premises or Building or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of ) the Eligibility Period relevant part thereof shall again be rendered accessible and fit for such time industrial or warehouse use provided that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, should the Premises or a portion thereof; provided, however, the Building or (as the case may be) the relevant part thereof not have been reinstated in the event that meantime either the Landlord or the Tenant is prevented may at any time after one month from using, the occurrence of such damage or destruction or order give to the other of them notice in writing to determine this present tenancy and does not use, a portion thereupon the same and everything herein contained shall cease and be void as from the date of the Premises, and as result thereof it is commercially impractical for Tenant to use all occurrence of such destruction or a portion of the remaining Premises (i.e., the portion damage or order or of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from or the remaining Premises relevant part thereof becoming inaccessible or portion thereof, then unfit for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (industrial or warehouse use but without prejudice to the extent not utilized by Tenant) shall also be abated for rights and remedies of either party against the remaining Premises (other in respect of any antecedent claim or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion breach of the Premises during such period, agreements stipulations terms and conditions herein contained or of the Base Rent, Tenant’s Share Landlord in respect of Direct Expenses, and Tenant’s obligation to pay for parking (the rent payable hereunder prior to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion coming into effect of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereundersuspension.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.6.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date applicable to the Premises and required by this Lease, which substantially interferes with Tenant’s 's use of or ingress to or egress from the Premises, Building or Tenant's Parking Areas; (ii) any failure by Landlord to provide services, utilities or access ingress to and egress from the Building or Premises that Landlord is required to provide under this Lease, and which are reasonably within Landlord's ability to control (the parties acknowledging that an interruption in utilities caused by a utility provider is not within Landlord's ability to control); or (iii) the presence of Hazardous Materials brought on the Premises as required by this Lease any Landlord Parties (either any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice Notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice, or occurs for five (5) non-consecutive business days during any calendar month, or occurs for ten (10) non-consecutive business days in a twelve (12) month period (provided Landlord is sent a notice for each such Abatement Event) (in either of such events, the “"Eligibility Period”"), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises 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 ("Unusable Area"), bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, the Unusable Area for a portion period of time in excess of the Premises, Eligibility Period and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business thereintherein (in Tenant's reasonable judgment), the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to axxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant's sole and exclusive remedy at law or in equity to axxxx Rent for an Abatement Event. To the extent an Abatement Event Tenant is caused by entitled to abatement because of an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent 's abatement rights shall be governed by the terms of such Article as set forth in Articles 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event13 above. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any a portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease Premises, or (either iii) the presence of Hazardous Materials in, on or around the Building or the Real Property in violation of any applicable law (each such set of circumstances as set forth in items (i) or ), (ii), or (iii) above, to be known as an “Abatement Event”"ABATEMENT EVENT"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five four (54) consecutive business days after Landlord’s 's receipt of any such notice or eight (8) business days after Landlord's receipt of any such notice in any twelve (12) month period (the “Eligibility Period”"ELIGIBILITY PERIOD"), then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses and Tenant’s 's obligation to pay for parking (to for the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. If Tenant's right to abatement occurs during a free rent period which arises after the Lease Commencement Date, Tenant's free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (the "OVERLAP PERIOD"). Landlord shall have the right to extend the expiration date of the Lease for a period of time equal to the Overlap Period if Landlord sends a notice to Tenant of such election within ten (10) days following the end of the extended free rent period. Such right to xxxxx Base Rent and Tenant's Share of Direct Expenses and Tenant's parking charges shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event; provided, however, that if Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of notice from Tenant, Tenant shall have the right to terminate this Lease during the first five (5) business days of each calendar month following the end of such 180-day period until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of notice to Landlord (the "ABATEMENT EVENT TERMINATION NOTICE") during such five business-day period, and shall be effective as of a date set forth in the Abatement Event Termination Notice (the "ABATEMENT EVENT TERMINATION DATE"), which Abatement Event Termination Date shall not be less than ten (10) business days, and not more than six (6) months, following the delivery of the Abatement Event Termination Notice. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, Tenant's abatement period shall continue until Tenant has been given sufficient time and sufficient access to the Premises to rebuild that portion of the Premises, if any, which it is required to rebuild pursuant to this Lease and to install its property, furniture, fixtures, and equipment and to move in over a weekend. To the extent an Abatement Event Tenant is caused by entitled to abatement without regard to the Eligibility Period, because of an event covered by described in Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable theretoapplicable. Such Notwithstanding the foregoing, Tenant shall not have the right to xxxxx Base Rent terminate this Lease pursuant to the terms of this Section 19.6, if, as of the date of delivery by Tenant of the Abatement Event Termination Notice, (A) the first trust deed holder of the Real Property (the "BANK") has recorded a notice of default on the Real Property or filed a notice evidencing a legal action by the Bank against Landlord on the Real Property, and Tenant’s Share (B) the Bank diligently proceeds to gain possession of Direct Expenses the Premises and, to the extent Bank does gain possession of the Premises, Bank shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an diligently proceed to cure such Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.6.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or the Project parking facilities and/or the Building, (ii) any failure to provide services, utilities or access to the Premises Premises, the Project parking facilities and/or the Building as required by this Lease Lease, or (iii) the presence of Hazardous Substances in, on or around the Premises, the Building or the Project which could pose a health risk to occupants of the Premises and which was not brought to the Project by Tenant or any Tenant Parties (either such set of circumstances as set forth in items (i) or (iii)-(iii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement EventEvent (which notice, for the purpose of determining the effective date of delivery, will be deemed given when delivered to the Project’s property management office during Building Hours), and if such Abatement Event continues for five four (54) consecutive business days or ten (10) business days in any twelve (12) month period after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. To the extent Tenant has prepaid rent (as it does each month since Rent is due on the first day of each month) and Tenant is subsequently entitled to an abatement, such prepaid, and subsequently abated, Rent shall be (A) credited to the Rent next coming due under this Lease, or, if the Lease Term has expired or the Lease has been terminated in accordance with the terms hereof, (B) refunded to Tenant within thirty (30) days following such expiration or earlier termination.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease of Landlord pursuant to the terms of hereof (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall shall, immediately, and in no event later than two (2) business days after the occurrence of any Abatement Event, give Landlord notice (the "Abatement Notice") of such Abatement Event, and if such which notice shall state the date the Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expensescommenced, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent shall be abated or reduced, as the case may be, after expiration of for the Eligibility Period period commencing on the date the Abatement Event commenced and continuing for such further time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, Premises for a period of time and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Rent for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses abatx Xxxt shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. Notwithstanding the foregoing, in the event Tenant fails to give Landlord the Abatement Notice within the time prescribed in this Section 19.5, Tenant shall not lose its rights to abatx xxxt for an Abatement Event, provided any such abatement shall commence no sooner than the date that the Landlord actually receives Tenant's Abatement Notice.

Abatement of Rent. In Subject to Tenant’s right to receive an earlier rent abatement pursuant to section 9.3, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days or seven (7) days in any twelve (12) month period (the “Eligibility Period”) as a result of (i) any damage or destruction to the Premises or any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, the Premises after the Lease Commencement Date and required by this the Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities services or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) due to Landlord’s negligence or (ii), above, to be known as an “Abatement Event”)default, then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof; provided, however, in the event proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, a portion bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e.does not conduct, the its business in any portion of the Premises that for a period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated rent for the remaining entire Premises (or portion thereof) that Tenant does not use. Ifshall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of business operations commence. Notwithstanding the Premises. To the extent an Abatement Event foregoing, if Landlord is caused by an event covered by Articles 11 or 13 of this Leaseentitled to receive lost rents from its insurance carrier, then Tenantand Landlord’s right to xxxxx rent shall be governed by receive such rents begins prior to the terms end of such Article 11 or 13, as applicablethe Eligibility Period, and the Eligibility Period shall not be applicable thereto. Such right Tenant is otherwise entitled to xxxxx Base Rent and receive a rent abatement pursuant to this section, Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except shall begin as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted of the first day Landlord is entitled to mean that Tenant is excused receive lost rents from paying Rent due hereunderits insurance carrier.

Abatement of Rent. In Notwithstanding any of the event that Tenant is prevented from usingprovisions of this Lease (including the other provisions of this Article 5) to the contrary, and does not useif, because of Landlord's failure to provide any of the Premises services described in this Lease or any portion thereof, as a result of Landlord's performance of repairs or maintenance to the Demised Premises or Building or Common Areas of the Development, or for any other reason (other than a fire or casualty), (i) any repair, maintenance all or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use a part of the PremisesDemised Premises becomes untenantable because of Landlord's actions or omissions (and not because of a public utility provider's actions or omissions), or and (ii) any failure Tenant is unable to provide services, utilities use all or access to such part of the Demised Premises as required by this Lease (for its purposes for either such set a continuous period of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt Business Days or a period of any such notice seven (the “Eligibility Period”)7) Business Days in any thirty (30) consecutive day period, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Tenant shall be abated entitled to a proportionate abatement of Rent for the period of time, commencing with the later of (i) said fifth Business Day or reducedseventh Business Day, as the case may be, after expiration or (ii) the date on which Tenant gives Landlord oral or written notice of the Eligibility Period for such time that Tenant continues its intention to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant xxxxx Rent pursuant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portionthis Article, based on the proportion that extent to which the rentable area Demised Premises are not usable, in whole or in part, by Tenant in the conduct of such reoccupied portion its business. If (i) at least thirty percent (30%) of the Demised Premises bears becomes untenantable or fifty percent (50%) of Tenant's computer classrooms become untenantable because of Landlord's actions or omissions (and not because of a public utility provider's actions or omissions), and (ii) Tenant is unable to the total rentable area use all of the PremisesDemised Premises for its purposes for a period of seven (7) consecutive Business Days, Tenant shall be payable entitled to terminate this Lease by Tenant from written notice given to Landlord on or before the 30th day after the date Tenant reoccupies such portion on which the Demised Premises became untenantable. The term "untenantable" shall mean not reasonably capable of being used for the conduct of Tenant's business. If at least thirty percent (30%) of the Premises. To Demised Premises or fifty percent (50%) of the extent an Abatement Event computer classrooms of the Demised Premises is caused by an event covered by Articles 11 or 13 affected, and, as a result, all of this Leasethe Demised Premises is not reasonably capable of being used for the conduct of Tenant's business, then Tenant’s right to xxxxx rent the entire Demised Premises shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderdeemed untenantable.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date applicable to the Premises and required by this Lease, which substantially interferes with Tenant’s 's use of or ingress to or egress from the Premises, Building or Tenant's Parking Areas; (ii) any failure by Landlord to provide services, utilities or access ingress to and egress from the Building or Premises that Landlord is required to provide under this Lease, and which are reasonably within Landlord's ability to control (the parties acknowledging that an interruption in utilities caused by a utility provider is not within Landlord's ability to control); or (iii) the presence of Hazardous Materials brought on the Premises as required by this Lease any Landlord 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -36- CXXXXXX HIGHLINE 1173, 1167 & 1000 Xxxxxxx Xxxxxx Roku, Inc. Parties (either any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice Notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice, or occurs for five (5) non-consecutive business days during any calendar month, or occurs for ten (10) non-consecutive business days in a twelve (12) month period (provided Landlord is sent a notice for each such Abatement Event) (in either of such events, the “"Eligibility Period”"), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises 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 ("Unusable Area"), bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, the Unusable Area for a portion period of time in excess of the Premises, Eligibility Period and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business thereintherein (in Tenant's reasonable judgment), the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to axxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant's sole and exclusive remedy at law or in equity to axxxx Rent for an Abatement Event. To the extent an Abatement Event Tenant is caused by entitled to abatement because of an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent 's abatement rights shall be governed by the terms of such Article as set forth in Articles 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event13 above. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Rent Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, each as a direct result of Landlord's, negligence or willful misconduct or breach of this Lease (either and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (any such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s obligation 's obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date applicable to the Premises and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building or Premises, or ; (ii) any failure to provide services, utilities or access ingress to and egress from the Building or Premises as required by this Lease Lease, or (either iii) the presence of Hazardous Materials (a) that are in violation of Applicable Laws (as that term is defined in Article 22 below) and (b) not generated, produced, brought upon, used, stored, treated, discharged, released, spilled or disposed of on, in, under or about the Premises by Tenant or any of its affiliates, agents, employees, contractors, sublessees or assignees (any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice Notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises 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 (“Unusable Area”), bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, the Unusable Area for a portion period of time in excess of the Premises, Eligibility Period and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses and Tenant’s right to terminate as set forth in this sentence shall be Tenant’s sole and exclusive remedy for rent abatement remedies at law or in equity for an Abatement Event; provided, however, that nothing in this Section 20.7.2, shall impair Tenant’s rights under Section 20.7.1 above; and further provided, however, that if Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of notice from Tenant, then Tenant shall have the right to terminate this Lease during the first ten (10) business days of each calendar month following the end of such one hundred eighty (180) day period until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of sixty (60) days’ notice to Landlord (the “Abatement Event Termination Notice”) during such ten (10) business-day period, and shall be effective as of a date set forth in the Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than sixty (60) days, and not more than one (1) year, following the delivery of the Abatement Event Termination Notice. Notwithstanding anything contained in this Section 20.7.2 to the contrary, Tenant’s Abatement Event Termination Notice shall be null and void (but only in connection with the first notice sent by Tenant with respect to each separate Abatement Event) if Landlord cures such Abatement Event within such sixty (60) day period following receipt of the Abatement Event Termination Notice. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease20.7.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date applicable to the Premises and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the PremisesBuilding, Project, or Premises or the Project parking facility; (ii) any failure to provide services, utilities or access ingress to and egress from the Building, Project (including the Project parking facility), or Premises as required by this Lease Lease; (either iii) damage and destruction of or eminent domain proceedings in connection with the Premises, Building, the Project or the Project parking facility, or (iv) the presence of Hazardous Materials not brought on the Premises by Tenant Parties (any such set of circumstances as set forth in items (i) or through (iiiv), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice Notice of such Abatement Event, and if such Abatement Event continues for five three (53) consecutive business days after Landlord’s receipt of any such notice, or occurs for ten (10) non-consecutive business days in a twelve (12) month period (provided Landlord is sent a written notice pursuant to this Lease of each such Abatement Event) (in either of such events, the “Eligibility Period”), then the Base Rent, Rent and Tenant’s Share of Direct ExpensesExpenses and Taxes, and Tenant’s obligation to pay for parking (to the extent not actually utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises 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 (“Unusable Area”), bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, the Unusable Area for a portion period of time in excess of the Premises, Eligibility Period and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses and Tenant’s obligation to pay Taxes for the entire Premises and all parking charges (to the extent all parking is not actually utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses and Taxes and parking charges shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event; provided, however, that (a) nothing in this Section 19.4.2, shall impair Tenant’s rights under Section 19.4.1, above, and (b) if Landlord has not cured such Abatement Event within two hundred forty (240) days after receipt of notice from Tenant, Tenant shall have the right to terminate this Lease upon written notice to Landlord until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of notice to Landlord (the “Abatement Event Termination Notice”) and shall be effective as of a date set forth in the Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than thirty (30) days, and not more than one (1) year, following the delivery of the Abatement Event Termination Notice. Notwithstanding anything contained in this Section 19.5.2 to the contrary, Tenant’s Abatement Event Termination Notice shall be null and void (but only in connection with the first notice sent by Tenant with respect to each separate Abatement Event) if Landlord cures such Abatement Event within such thirty (30) day period following receipt of the Abatement Event Termination Notice. If Tenant’s right to abatement occurs because of an eminent domain taking, condemnation and/or because of damage or destruction to the Premises, the Project’s parking facility, and/or the Project, Tenant’s abatement period shall continue until Tenant has been given sufficient time, and sufficient ingress to, and egress from the Premises, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction or temporary taking and to move in over a weekend. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.4.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by LandlordLandlord (including repairs, maintenance and alterations required or permitted by Landlord hereunder), or which Landlord failed to perform, after the Lease Term Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of or ingress to or egress from the PremisesBuilding, Project, or Premises or the Project's parking facility; (ii) any failure to provide services, utilities or access ingress to and egress from the Building, Project, or Premises or the Project parking facility as required by this Lease Lease; (either iii) damage and destruction of or eminent domain proceedings in connection with the Premises, Building, the Project or the Project's parking facility servicing the Project, or (iv) the presence of hazardous materials (as defined by applicable law) (not brought on the Premises by Tenant Parties) in violation of Regulations which poses a material health risk to the environment or the Premises (any such set of circumstances as set forth in items (i) or through (iiiv), above, to be known as an “Abatement Event”"ABATEMENT EVENT"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice, or occurs for ten (10) nonconsecutive business days in a twelve (12) month period (provided Landlord is sent a notice of each of such Abatement Event) (in either of such events, the “Eligibility Period”"ELIGIBILITY PERIOD"), then the Base Rent, Rent and Tenant’s 's Proportionate Share of Direct Expenses, Operating Expenses and Tenant’s obligation to pay for 's parking (to the extent not utilized by Tenant) charges shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises 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 ("UNUSABLE AREA"), bears to the total rentable area of the Premises and Landlord shall pay to Tenant, to the extent covered (except for any deductible amount) by insurance retained by Landlord any incremental reasonable, out-of-pocket expense that the Tenant incurs in relocating the functions previously performed in the Unusable Area to a different location. For this purpose, an incremental expense shall be any expense that the Tenant incurs in relocating from the Unusable Area to a temporary location and then relocating back to the Unusable Area (after such area has been made fit for Tenant's Permitted Use) that Tenant would not have had to incur but for such relocation; provided, however, in the event that Tenant is prevented from using, and does not use, the Unusable Area for a portion period of time in excess of the Premises, Eligibility Period and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Proportionate Share of Direct Expenses, Operating Expenses and Tenant’s obligation to pay 's parking charges for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and abatx Xxxe Rent, Tenant’s 's Proportionate Share of Direct Expenses and Tenant's parking charges shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event; provided, however, that (a) nothing in this Paragraph 16.2.2, shall impair Tenant's rights under Paragraph 16.2.1, above, and (b) if Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of notice from Tenant, Tenant shall have the right to terminate this Lease during the first ten (10) business days of each calendar month following the end of such 180-day period until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of thirty (30) days' notice to Landlord (the "ABATEMENT EVENT TERMINATION NOTICE") during such ten (10) business day period, and shall be effective as of a date set forth in the Abatement Event Termination Notice (the "ABATEMENT EVENT TERMINATION DATE"), which Abatement Event Termination Date shall not be less than thirty (30) days, and not more than one (1) year, following the delivery of the Abatement Event Termination Notice. Notwithstanding anything contained in this Paragraph 16.2.2 to the contrary, Tenant's Abatement Event Termination Notice shall be null and void (but only in connection with the first notice sent by Tenant with respect to each separate Abatement Event) if Landlord cures such Abatement Event within such thirty (30) day period following receipt of the Abatement Event Termination Notice. If Tenant's right to abatement occurs because of an eminent domain taking, condemnation and/or because of damage or destruction to the Premises, the Project's parking facility, and/or the Project, Tenant's abatement period shall continue until Tenant has been given sufficient time, and sufficient ingress to, and egress from the Premises, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction or temporary taking and to move in over a weekend. To the extent Tenant is entitled to abatement because of an event covered by Paragraphs 13 or 14 of this Lease, then the Eligibility Period shall not be applicable. Except as expressly provided in this Section 19.5.2 or elsewhere in this LeaseParagraph 16.2.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as to the extent required by this Lease Lease, each as a direct result of Landlord’s negligence or willful misconduct (and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five ten (510) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure by Landlord to provide services, utilities or access to the Premises as required by this Lease to be provided by Landlord as a result of circumstances within Landlord's control (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”)") and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease6.5, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease, each as a direct result of Landlord’s negligence or willful misconduct or caused by an event covered by Articles 11 or 13 of this Lease (and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five ten (510) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base RentRent -34- HCP, TenantINC. [4930 Director’s Share of Direct ExpensesPlace] [Sorrento Therapeutics, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Inc.] allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from usingIf due to Landlord’s default, and does not use, (i) the Premises or any portion thereofthereof are unusable by Tenant for a period of more than the Abatement Cure Period, as hereinafter defined, following notice from Tenant due to a lack of any of water, sewer, elevator service, access, condenser water, or electricity, (ii) Tenant shall, concurrently with the giving of such notice, discontinue use of the Premises or the portion thereof which is unusable as a result (other than for sporadic purposes such as such as salvage, security, or retrieval of property), and (iii) such condition is not caused by the act or omission of Tenant, or Tenant’s agents, employees, contractors, or invitees (any circumstance where the foregoing clauses (i) any repair), maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure and (iii) are satisfied being referred to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known herein as an “Abatement EventCondition”), then the Annual Fixed Rent and Additional Rent on account of Taxes and Operating Costs shall be equitably abated for such portion of the Premises rendered unusable for the period commencing on the expiration of the Abatement Cure Period and ending on the date that the Premises (or such portion) is rendered usable. If more than fifty percent (50%) of the Premises is rendered unusable and if Tenant shall vacate the entire Premises, then the aforesaid abatement shall be a full abatement. Any notice from Tenant pursuant to the first sentence or this paragraph shall expressly state that the failure of Landlord to cure any claimed default timely shall give Landlord notice rise to Tenant’s rights of such rent abatement. For purposes hereof, the term “Abatement Event, and if such Abatement Event continues for Cure Period” means a period of five (5) consecutive business days after days, except that the Abatement Cure Period shall be extended by the period of time (if any) that Landlord is delayed in curing such Abatement Condition by reason of causes beyond Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderreasonable control.

Abatement of Rent. In the event that Tenant is prevented from using, ----------------- and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance maintenance, "Renovations," as that term is defined in Section 29.30 of this Lease, or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any material portion thereof, thereof for more than five (5) consecutive business days as a result of (i) a failure to provide any repair, maintenance or alteration performed by Landlord, or utilities to the Premises which Landlord failed is required to perform, after the Lease Commencement Date and required by provide under this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease extent within Landlord’s sole control (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice written Notice of such Abatement Event, and if such Abatement Event continues for an additional five (5) consecutive business days after Landlord’s receipt of any such notice Notice (the “Eligibility Period”)) and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rentthen, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (except to the extent not utilized covered by Tenant) business interruption or similar insurance carried or required to be carried by Tenant hereunder, Basic Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof; provided, however, in the event proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, a portion bears to the total rentable area of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Basic Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Basic Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.8, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, If the Premises is damaged by a Casualty, Basic Rent and Escalation Charges payable by Tenant shall xxxxx proportionately for the period from the date of such fire or any portion thereof, as a result other casualty until the earlier of (a) the date that Landlord substantially completes Landlord’s Restoration Work (i.e. the date that Landlord completes Landlord’s Restoration Work except for (i) any repairitems of work (and, maintenance or alteration performed by Landlordif applicable, or adjustment of equipment and fixtures) which Landlord failed to perform, can be completed after the Lease Commencement Date and required by this Lease, which substantially interferes occupancy has been taken without causing undue interference with Tenant’s use of the PremisesPremises (i.e. so called “punch list” items) and (ii) items which, in accordance with good construction practice, should be performed after the performance of Tenant’s Restoration Work) provided that if Landlord would have completed Landlord’s Restoration Work at an earlier date but for Tenant having failed to cooperate with Landlord in effecting such Work or collecting insurance proceeds, then the Premises shall be deemed to have been repaired and restored on such earlier date and the abatement shall cease, or (iib) any failure to provide services, utilities the date Tenant or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant other occupant reoccupies any portion of the Premises during such period, (in which case the Base Rent, Tenant’s Share of Direct Expenses, Basic Rent and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Escalation Charges allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies of such occupancy). Notwithstanding any provision contained in this Lease to the contrary, (i) there shall be no abatement with respect to any portion of the PremisesPremises which has not been rendered untenantable by reason of fire or other casualty and which is accessible, whether or not other portions of the Premises are untenantable, and (ii) any abatement of Basic Rent or Escalation Charges applicable to any portion of the Premises which was rendered untenantable by reason of a casualty shall cease on the earliest of the dates referred to in clauses (a) or (b) of the preceding sentence provided such portion is accessible, whether or not other portions of the Premises remain untenantable. To Landlord’s determination of the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenantdate Landlord’s right Restoration Work to xxxxx rent the Premises shall have been substantially completed shall be governed controlling unless Tenant disputes same by the terms notice to Landlord given within ten (10) days after such determination by Landlord, and pending resolution of such Article 11 or 13dispute, as applicable, and the Eligibility Period Tenant shall not be applicable thereto. Such right to xxxxx Base pay Basic Rent and Escalation Charges in accordance with Landlord’s determination. Notwithstanding the foregoing, if by reason of any act or omission by Tenant’s Share , any subtenant or any of Direct Expenses their respective partners, directors, officers, servants, employees, agents or contractors, Landlord, any Mortgagee shall be unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) applicable to the casualty, then, without prejudice to any other remedies which may be available against Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein there shall be interpreted to mean that Tenant is excused from paying no abatement of Basic Rent due hereunderor of Escalation Charges.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.. 795344.01/WLA 377082-00004//ejs/ejs -42- 000 X. Xxxxxxxx Xxxxxxxxx [Arrowhead Pharmaceuticals, Inc.]

Abatement of Rent. In If all or part of the event that Tenant is prevented from using, and does not usePremises shall be rendered Untenantable by reason of a Casualty, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after Base Rent and the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Additional Rent under Article 4 shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable Untenantable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, for the period from the date of the Casualty to the earlier of (a) the date Tenant or any Subtenant reoccupies the portion of the Premises to which the abatement applies for the ordinary conduct of its business (in which case the Base Rent and the Additional Rent allocable to such reoccupied portion shall be payable by Tenant from the date of such occupancy) or (b) the date the Premises has been restored to substantially the condition existing prior to the Casualty (subject to any Tenant reoccupies Change performed pursuant to Section 22.01) and is otherwise reasonably accessible (provided, that if the Premises would have been so restored at an earlier date but for any Tenant Delay or for Tenant having failed to cooperate with Landlord in effecting repairs or restoration or collecting insurance proceeds or for Tenant having failed to diligently perform Tenant’s Restoration Work, then the Premises shall be deemed to have been so restored on such earlier date and the abatement shall cease). Except to the extent otherwise expressly provided herein, (x) there shall be no abatement of Rent with respect to any portion of the PremisesPremises which has not been rendered 118 Untenantable by reason of a Casualty and which is accessible, whether or not other portions of the Premises are Untenantable, and (y) any abatement of Rent applicable to any portion of the Premises which was rendered untenantable by reason of a Casualty shall cease on the earliest of the dates referred to in clauses (a) or (b) of the preceding sentence, provided such portion is accessible, whether or not other portions of the Premises remain Untenantable. To Such determination shall be made by Landlord, acting reasonably, in a notice to Tenant. Landlord’s determination of the extent an Abatement Event date on which any rent abatement pursuant to this Section 22.02 shall end shall be controlling unless Tenant disputes same by notice to Landlord given within 15 days after notice of such determination by Landlord is caused by an event covered by Articles 11 or 13 given to Tenant, and pending resolution of this Leasesuch dispute, then Tenant shall pay Rent in accordance with Landlord’s determination. Promptly after resolution of such dispute in Tenant’s right favor, Landlord shall refund any overpayments made by Tenant with interest at the Prime Rate from the date paid by Tenant to xxxxx rent shall be governed the date refunded by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable theretoLandlord. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided Nothing contained in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein Article 22 shall be interpreted to mean relieve Tenant from any liability that Tenant is excused from paying Rent due hereundermay exist as a result of any Casualty.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities services or access to the Premises as required or the Parking Areas, regardless of whether caused by this Lease circumstances beyond Landlord's control, (either iii) the presence of Hazardous Materials in, on or around the Building taking into account the standards and guidelines included in the definition of applicable laws with respect to Hazardous Materials, which pose a significant health risk to occupants of the Premises and are not caused by Tenant or any of the Tenant Parties, or (iv) because of the occurrence of a casualty (each such set of circumstances as set forth in items (i) or ), (ii), (iii) and (iv), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice or ten (10) days after Landlord's receipt of any such notice(s) in any consecutive twelve (12) month period (the “"Eligibility Period”"), then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration retroactive to the date of the Eligibility Period commencement of the Abatement Event, for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after the commencement of the Abatement Event during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of increases in Direct Expenses, Expenses and Tenant’s 's obligation to pay for parking (to for the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises for the purpose of conducting business therein. If, however, Tenant reoccupies any portion of the Premises during such periodperiod for the purpose of conducting business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from during the date period Tenant reoccupies such portion of the Premises. If Tenant's right to abatement occurs during a free rent period which arises after the Lease Commencement Date, Tenant's free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (the "Overlap Period"). Landlord shall have the right to extend the expiration date of this Lease for a period of time equal to the Overlap Period if Landlord sends a notice to Tenant of such election within ten (10) days following the end of the extended free rent period. Subject to the provisions of Section 10.1 respecting personal injury or damage to Tenant's property, such right to xxxxx Base Rent, Tenant's Share of Direct Expenses and parking charges shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event; provided, however, that if Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of notice from Tenant, Tenant shall have the right to terminate this Lease during the first five (5) business days of each calendar month following the end of such 180-day period until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of notice to Landlord (the "Abatement Event Termination Notice") during such five business-day period, and shall be effective as of a date set forth in the Abatement Event Termination Notice (the "Abatement Event Termination Date"), which Abatement Event Termination Date shall not be less than ten (10) business days, and not more than six (6) months, following the delivery of the Abatement Event Termination Notice. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, Tenant's abatement period shall continue until Tenant has been given sufficient time and sufficient access to the Premises to rebuild that portion of the Premises, if any, which it is required to rebuild pursuant to this Lease and to install its property, furniture, fixtures, and equipment and to move in over a weekend. To the extent an Abatement Event Tenant is caused by entitled to abatement without regard to the Eligibility Period, because of an event covered by described in Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable theretoapplicable. Such Notwithstanding the foregoing, Tenant shall not have the right to xxxxx Base Rent terminate this Lease pursuant to the terms of this Section 19.7.2, if (A) as of the date of delivery by Tenant of the Abatement Event Termination Notice, the first trust deed holder of the Building (the "Bank") has recorded a notice of default on the Building or filed a notice evidencing a legal action by the Bank against Landlord on the Building, and Tenant’s Share (B) within ten (10) business days following the date of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an the Abatement Event Termination Notice the Bank notifies Tenant of its intent to proceed to gain possession of the Building, the Bank diligently proceeds to gain possession of the Building, and, to the extent the Bank does gain possession of the Premises, the Bank diligently proceeds to cure such Abatement Event. In addition, Tenant shall not have the right to terminate this Lease pursuant to the foregoing terms of this Section 19.7.2 if the Abatement Event otherwise giving rise to such termination right is due to a casualty pursuant to Article 11 or a taking pursuant to Article 13, it being agreed that Tenant's termination rights, if any, with respect to any such 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] damage or destruction or taking shall be governed by and set forth in Articles 11 and 13, respectively, and not this Section 19.7.2. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.7.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as to the extent required by this Lease Lease, each as a direct result of Landlord’s negligence or willful misconduct (and except to the extent such failure is caused in whole or in part by the action or inaction of Tenant) (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five ten (510) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”)) and Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event, then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation obligation, if any, to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not effectively conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 5, 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 5, 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as a result of (i) any construction, repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide servicesto the Premises any of the utilities and services required to be provided under Section VII.A. above, utilities or (iii) any failure to provide access to the Premises, or (iv) because of the presence of Hazardous Materials in, on or around the Building, the Premises or the Real Property which were not caused or introduced by Tenant or Tenant's agents, employees, licensees or invitees, and which Hazardous Materials pose a material and significant health risk to occupants of the Premises as required determined by this Lease applicable governmental authorities pursuant to applicable Laws by written notice delivered to Landlord and Tenant, which notice specifically prohibits occupancy of the Premises (either or portions thereof) as a result of such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”)Hazardous Materials, then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Tenant's obligation to pay Base Rent, Tenant’s Share of Direct Expenses, Expenses and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Taxes shall be abated or reduced, as the case may be, from and after expiration of the first (1st) day following the Eligibility Period and continuing for such time that as Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises or a portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, Tenant shall not have the right to abate Rent under this Section VII.C if any of the xxxxxs described in clauses (i) through (iv) of this Section VII.C. are caused by a casualty damage described in Section XVII, or a taking or condemnation described in Section XVIII, or an event of Force Majeure (as defined in Section XXXI.D.), and in such instances Tenant's rights to abatement of Rent shall be governed exclusively by Sections XVII and XVIII of this Lease. Notwithstanding anything to the contrary set forth in this Lease, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or any portion thereof, for one hundred eighty (180) consecutive days or for a total of two hundred (200) days in any consecutive nine (9) month period as a result of the matters described in clauses (i) through (iv) of this Section VII.C, then for Tenant shall have the right to terminate this Lease by delivering to Landlord written termination notice within five (5) days after the end of such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking one hundred eighty (to the extent not utilized by Tenant180) shall also be abated for the remaining Premises day (or portion thereoftwo hundred (200) that Tenant does not use. Ifday) period; provided, however, Tenant reoccupies shall not have such termination right if any portion of the Premises during such periodevents described in clauses (i) through (iv) of this Section VII.C. are caused by a casualty damage described in Section XVII, the Base Rentor a taking or condemnation described in Section XVIII, Tenant’s Share or an event of Direct ExpensesForce Majeure, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to 's termination rights in such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, instances shall be payable governed exclusively by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 Sections XVII and XVIII of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, Expenses for the entire Premises and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 19.7.2 or elsewhere in this LeaseArticle 11 or Article 13, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In If the event that Tenant is prevented from using, and does not use, the Premises said premises or any portion thereofpart thereof shall be destroyed or so damaged or shall be rendered inaccessible or unfit for use and occupation by fire, typhoon, Act of God, Force Majeure or other cause beyond the control of the Landlord and not attributable directly or indirectly to any act or default of the Tenant and the policy or policies of insurance effected by the Landlord shall not have been vitiated or payment of policy monies refused in whole or in part in consequence of any act or default of the Tenant or at any time during the continuance of this tenancy the said premises or the Building shall be condemned as a result of (i) any repair, maintenance dangerous structure or alteration performed by Landlord, a demolition order or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use closing order shall become operative in respect of the Premises, said premises or (ii) any failure the Building then the Rent hereby agreed to provide services, utilities be paid or access a part thereof proportionate to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, damage sustained shall cease to be known as an “Abatement Event”), then Tenant payable until the said premises shall give have been restored or reinstated or rendered accessible or fit for use and occupation or the demolition order or the closing order shall have been uplifted provided always that the Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s shall be under no obligation to pay repair or reinstate the said premises if, in its opinion, it is not reasonable economical or practicable so to do and provided further that if the whole or substantially the whole of the said premises shall have been destroyed or rendered unfit for parking use and occupation and shall not have been repaired and reinstated or the demolition order or the closing order on the said premises or the Building shall remain continue and not uplifted within 6 months of the occurrence of the destruction or damage demolition or closing order (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration ) either party shall be entitled at any time before the same are so repaired and reinstated to terminate this Agreement by notice in writing to the other but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of the Eligibility Period for such time that Tenant continues to be so prevented from usingagreements, stipulations, terms and does not use for the normal conduct of Tenant’s business, the Premises conditions herein contained or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion Landlordin respect of the remaining Premises (i.e., Rent payable hereunder prior to the portion coming into effect of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is suspension caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, factors as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderaforesaid.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises, (iii) damage and destruction of or eminent domain proceedings in connection with the Premises, the Project or the parking facility servicing the Project, or (iv) the presence of hazardous materials not brought on the Premises as required by this Lease Tenant, its employees, agents, invitees or customers (either any such set of circumstances as set forth in items (i) or through (iiiv), above, to be known as an “Abatement Event”"ABATEMENT EVENT"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “Eligibility Period”"ELIGIBILITY PERIOD"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration from the commencement of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time from the commencement of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Building Direct Expenses, Expenses and Tenant’s 's obligation to XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software] pay for parking (to for the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Rent, Tenant’s 's Share of Direct Expenses Expenses, and Tenant's parking charges shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity to xxxxx rent for an Abatement Event. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Project's parking facility, and/or the Project, Tenant's abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction and to move in over a weekend. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises, (iii) damage and destruction of or eminent domain proceedings in connection with the Premises, the Project or the parking facility servicing the Project, or (iv) the presence of hazardous materials not brought on the Premises as required by this Lease Tenant, its employees, agents, invitees or customers (either any such set of circumstances as set forth in items (i) or through (iiiv), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”"), then the Base Rent, Tenant’s 's Share of Direct Expenses, and Tenant’s 's obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration from the commencement of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time from the commencement of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Building Direct Expenses, Expenses and Tenant’s 's obligation to pay for parking (to for the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and abatx Xxxe Rent, Tenant’s 's Share of Direct Expenses Expenses, and Tenant's parking charges shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. If Tenant's right to abatement occurs because of an eminent domain taking and/or because of damage or destruction to the Premises, the Project's parking facility, and/or the Project, Tenant's abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction and to move in over a weekend. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repairrepairs, maintenance or alteration alterations performed by Landlord, or which Landlord failed to perform, before or after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the PremisesBuilding, Project (including the Common Areas), or the Premises (including the Project parking areas to the extent reasonable replacement spaces are not provided); or (ii) any the failure by Landlord to provide necessary services, utilities utilities, parking spaces (unless replacement parking spaces and reasonable accommodations associated therewith are *** Confidential portions of this document have been redacted and filed separately with the Commission. provided by Landlord), or access ingress to and egress from the Building, Project (including the Common Areas), or Premises as required pursuant to the TCCs of this Lease; or (iii) the presence of “Hazardous Materials” (as that term is defined in Section 29.33.1, below) not brought on the Premises by “Tenant Parties,” as that term is set forth in Section 10.1 of this Lease Lease, to the extent such presence substantially interferes with Tenant’s use of or ingress to or egress from the Building, Project (either including the Common Areas), or Premises (including the Project parking areas to the extent reasonable replacement spaces are not provided) (any such set of circumstances as set forth in items (i) or through (iiiii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) or more consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to xxxxx the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3) business days of receipt of such Additional Notice, then as Tenant’s sole remedy vis-à-vis such Abatement Event, the Base Rent, Rent and Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period Period, for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, the Premises Premises, or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion proportion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion rentable area of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), prevented from using and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking use (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises“Unusable Area”). To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicablethe case may be, shall govern Tenant’s right to xxxxx rent and the Eligibility Period terms of this Section 3.2 shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In Notwithstanding anything to the contrary in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required to be provided by Landlord under this Lease, but excluding any utility or service that Tenant contracts directly with such utility or service provider, or, (iii) the negligence or intentional acts of Landlord or any Landlord Party (including without limitation any breach of this Lease by Landlord), or (either iv) material interference with Tenant’s parking rights hereunder caused by any negligent or intentional acts of Landlord or any Landlord Party (provided that the terms of this item (iv) shall not be applicable to the extent Landlord provides Tenant with Reasonable Alternate Parking) (any such set of circumstances as set forth in items (i), (ii), (iii) or (iiiv), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.after expiration of

Abatement of Rent. In the event that as a result of any such damage, repair, reconstruction and/or restoration of the Premises or the Building, Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Monthly Basic Rent shall be abated entirely or reduced, as the case may be, after expiration of during the Eligibility Period for such time period that Tenant continues to be so prevented from using and does not use the Premises or portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use for use, bears to the normal conduct total rentable square feet of Tenant’s business, the Premises or a portion thereofPremises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, Premises and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its permitted business therein, and if Tenant does not conduct its permitted business from the such remaining Premises or portion thereofportion, then for such time during the period which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its permitted business therein, the Base Monthly Basic Rent shall be abated entirely for such time as Tenant continues to be so prevented from using and does not use, the Premises. Notwithstanding the foregoing to the contrary, if the damage is due to the sole and active negligence or willful misconduct of Tenant or any Tenant Parties, there shall be no abatement of Monthly Basic Rent. Except for abatement of Monthly Basic Rent as provided hereinabove, Tenant shall not be entitled to any compensation or damages for loss of, or interference with, Tenant’s Share business or use or access of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (all or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion part of the Premises during resulting from any such perioddamage, the Base Rentrepair, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 reconstruction or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunderrestoration.

Abatement of Rent. In Notwithstanding anything to the contrary set forth in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and [535 Mission Street] required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s Share of Direct Expenses, Expenses for the entire Premises and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Rent, Tenant’s Share of Direct Expenses Expenses, and Tenant’s obligation to pay for parking shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and of damage to the Leased Premises which does not use, result in the Premises or any portion thereof, as a result termination of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, then the Base Monthly Rent (and any Additional Rent) shall be temporarily abated during the period of Landlord’s and/or Tenant’s (as applicable) restoration, in proportion in the degree to which substantially interferes with Tenant’s use of the Leased Premises during the restoration period is impaired by such damage. In addition, if such casualty shall have damaged the Building or any portion of the Common Area providing access to or parking for the Leased Premises are damaged by casualty to the extent that Tenant does not have reasonable access to or parking for the Leased Premises and Landlord has not within a reasonable time (not to exceed ninety (90) days from the date of casualty) provided a reasonable parking alternative for Tenant at the Project or within reasonable proximity to the Building, then Landlord shall allow Tenant a proportionate abatement of Base Monthly Rent and Property Operating Expenses during the time and to the extent the Leased Premises are unfit for occupancy for the purposes permitted under this Lease, or any portions of the Common Area providing access to or parking for the Leased Premises are damaged by Casualty to the extent that Tenant does not have reasonable access to or parking for the Leased Premises, and in any of those events the Leased Premises are not occupied by Tenant as a result thereof. If a casualty: (i) shall have damaged the parking facilities so that Tenant does not have reasonable access to or parking for the Leased Premises, then, subject to Laws, Restrictions and the rights of other tenants, Landlord shall use good faith efforts to explore reasonable parking alternatives for Tenant at the Project or in offsite areas within reasonable proximity to the Building, and, in such event, Landlord shall be responsible for the costs of providing a shuttle to and from such offsite Parking and the Building, provided that nothing herein shall be deemed to create any obligation of Landlord to incur significant expense or liability in doing so, (ii) any failure shall have damaged the Fitness Center, then, subject to provide servicesLaws, utilities or access to Restrictions and the Premises as required by this Lease (either such set rights of circumstances as set forth in items (i) or (ii)other tenants, above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s have no obligation to pay any Property Operating Expenses associated with such facilities, and Landlord shall reasonably cooperate with Tenant to explore options for parking Tenant’s employees exercise elsewhere in the Project, until such facilities are rebuilt, and/or (to the extent not utilized by Tenantiii) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, have damaged a portion of the Premises, and as result thereof it is commercially impractical Common Areas necessary for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (access to the extent not utilized by Tenant) Building, then, subject to Laws, Restrictions and the rights of other tenants, Landlord shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion use good faith efforts to explore reasonable alternative means of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (access to the extent not utilized by Building at the Project with Tenant) allocable to such reoccupied portion, based on the proportion provided that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease, nothing contained herein shall be interpreted deemed to mean that Tenant is excused from paying Rent due hereundercreate any obligation of Landlord to incur significant expense or liability in doing so.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially 726334.04/WLA183305-00001/10-27-14/ejs/ejs 28 [XXXXXXXXX BIOTECH GATEWAY][Solazyme, Inc.] interferes with Tenant’s 's use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “"Abatement Event”"), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s 's receipt of any such notice (the “"Eligibility Period”)") and either (A) Landlord does not diligently commence and pursue to completion the remedy of such Abatement Event or (B) Landlord receives proceeds from its rental interruption insurance which covers such Abatement Event, then the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s 's business, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Rent and Tenant’s 's Share of Direct Expenses, and Tenant’s obligation to pay Expenses for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s 's right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s 's Share of Direct Expenses shall be Tenant’s 's sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of If (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed fails to perform, after perform the Lease Commencement Date and obligations required by of Landlord under the TCCs of this Lease, which substantially interferes with (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant’s use , and (iii) such failure relates to (A) the nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to the Premises, or (iiB) any a failure to provide services, utilities or access to the Premises as required by this Lease Premises, Tenant shall give Landlord notice (either such set of circumstances as set forth in items (i) or (iithe “Initial Notice”), above, specifying such failure to be known as an perform by Landlord (the “Abatement Event”), then Tenant shall give . If Landlord notice of such Abatement Event, and if has not cured such Abatement Event continues for five within three (53) consecutive business days after Landlord’s the receipt of any such notice the Initial Notice (the “Eligibility Period”), then Tenant may deliver an additional notice to Landlord (the Base Rent“Additional Notice”), Tenant’s Share of Direct Expenses, specifying such Abatement Event and Tenant’s obligation intention to pay for parking xxxxx the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (to the extent not utilized by Tenant3) shall be abated or reduced, as the case may be, after expiration business days of receipt of the Eligibility Period Additional Notice, Tenant may, upon written notice to Landlord, immediately xxxxx Rent payable under this Lease for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use)rendered untenantable and not used by Tenant, and if Tenant does not conduct its for the period beginning on the date three (3) business from days after the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (Initial Notice to the extent not utilized by Tenant) shall also be abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion earlier of the Premises during date Landlord cures such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from Abatement Event or the date Tenant reoccupies recommences the use of such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an a Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease6.5, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

Abatement of Rent. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide services, utilities or access to the Premises as required by this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice or ten (10) non-consecutive business days after Landlord’s receipt of any such notice in any twelve (12) month period (the “Eligibility Period”), then the Base Rent, Tenant’s Share of Direct Expenses, Rent and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) Proportionate Share of Operating Costs shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s businessuse, 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, and as result thereof it is commercially impractical Premises for Tenant to use all or a portion period of time in excess of the Eligibility Period and the remaining Premises (i.e., the portion of the Premises that is not sufficient to allow Tenant is actually able to use)effectively conduct its business therein, and if Tenant does not conduct its business from the such remaining Premises or portion thereofportion, then for such time after expiration of the Eligibility Period during which it Tenant is impractical for Tenant to conduct so prevented from effectively conducting its business therein, the Base Rent, Tenant’s Share of Direct Expenses, Rent and Tenant’s obligation to pay Proportionate Share of Operating Costs for parking (to the extent not utilized by Tenant) entire Premises shall also be abated for the remaining Premises (or portion thereof) that such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent, Tenant’s Share of Direct Expenses, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. To the extent an Abatement Event is caused by an event covered by Articles 11 or 13 of this Lease, then Tenant’s right to xxxxx rent shall be governed by the terms of such Article 11 or 13, as applicable, and the Eligibility Period shall not be applicable thereto. Such right to xxxxx Base Rent and Tenant’s Proportionate Share of Direct Expenses Operating Costs shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as expressly provided in this Section 19.5.2 or elsewhere in this Lease44, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Articles 8 (Fire or Casualty Damage) or 14 (Eminent Domain) of this Lease, then the Eligibility Period shall not be applicable.