Common use of Abated Rent Clause in Contracts

Abated Rent. Notwithstanding anything contained herein or in the Lease to the contrary, Base Rent in the monthly amount of $16,333.33 for Third Expansion Space-A, and $7,500.50 for Third Expansion Space-B, and Tenant’s Proportionate Share of Taxes, utilities and other services, and other costs collectively referred to as Tenant Costs in ▇▇▇▇▇▇▇▇▇ ▇▇ of the Lease shall be abated for the time periods specified above. All such amounts are referred to herein as the “Abated Rent”. If, at the time any Abated Rent is due to Tenant, there is an uncured Event of Default under the Lease and Landlord has not terminated the Lease as provided for in Paragraph 20(a) of the Lease, Landlord shall provide Tenant with a second written notice of such Event of Default, unless the original Event of Default was pursuant to Paragraph 19C or Paragraph 19D of the Lease in which case the above-described notice is not required, and Tenant shall have the same right to cure such Event of Default as Tenant had when Tenant was first notified of the Event of Default as provided for in Paragraph 19 of the Lease, as modified by Paragraph 21 of this Amendment. No further Rent shall be abated unless, following such second written notice, Tenant cures such Event of Default within applicable cure period described in the Lease. Notwithstanding anything to the contrary in this Paragraph 3(c), in the event of termination of the Lease as a result of Tenant’s failure to cure an Event of Default, in addition to any other amounts recoverable by Landlord pursuant to the terms of the Lease, Tenant shall pay to Landlord an amount equal to the unamortized portion (as of the date of such default) of any Abated Rent realized by Tenant pursuant to this Amendment based on a sixty (60) month straight line amortization schedule with the first month of such period being July, 2010.

Abated Rent. Notwithstanding anything contained herein or As reflected in Section 1.1 (j), (a) Tenant shall have no obligation to pay monthly Base Rent for the Lease to first three (3) full months of the contraryTerm, commencing with the Commencement Date resulting in an abatement of monthly Base Rent in the monthly amount of Twenty Thousand and No/100 Dollars ($16,333.33 20,000.00) per month and (b) Base Rent during the next three (3) full months of the Term shall be partially abated resulting in an abatement of monthly Base Rent in the amount of Fourteen Thousand and No/100 Dollars ($14,000.00) per month and (c) Base Rent during the next six (6) full months of the Term shall be partially abated resulting in an abatement of monthly Base Rent in the amount of Eight Thousand and No/100 Dollars ($8,000.00) per month (the “Abated Rent Period”) resulting in an aggregate abatement of monthly Base Rent in the amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00). If this Lease is terminated during such Abated Rent Period, Tenant shall not be entitled to any such rent abatement after the date of termination nor shall Tenant be entitled to assert any right to rent abatement after such termination against any sums due Landlord. The rent abatement granted under this Section is solely for Third Expansion Space-Athe benefit of the entity executing this Lease as tenant and is not transferable to any assignee or subtenant. In the event of a default by Tenant under the terms of this Lease which results in early termination pursuant to the provisions hereof, and $7,500.50 for Third Expansion Space-Bthen as a part of the recovery to which Landlord shall be entitled shall be included a portion of such rent which was abated under the provisions of this Section, and Tenant’s Proportionate Share which portion shall be determined by multiplying the total amount of Taxesrent which was abated under this Section by a fraction, utilities and other services, and other costs collectively referred to as Tenant Costs the numerator of which is the number of months remaining in ▇▇▇▇▇▇▇▇▇ ▇▇ the Term of the Lease shall be abated for the time periods specified above. All such amounts are referred to herein as the “Abated Rent”. If, at the time any Abated Rent is due to Tenant, there is an uncured Event of Default under the Lease and Landlord has not terminated the Lease as provided for in Paragraph 20(a) of the Lease, Landlord shall provide Tenant with a second written notice of such Event default and the denominator of Default, unless which is the original Event number of Default was pursuant to Paragraph 19C or Paragraph 19D months during the Term of the Lease in which case the above-described notice that Tenant is not required, and Tenant shall have the same right obligated to cure such Event of Default as Tenant had when Tenant was first notified of the Event of Default as provided for in Paragraph 19 of the Lease, as modified by Paragraph 21 of this Amendment. No further Rent shall be abated unless, following such second written notice, Tenant cures such Event of Default within applicable cure period described in the Leasepay monthly Base Rent. Notwithstanding anything to the contrary in this Paragraph 3(c)foregoing, in during the event of termination of the Lease as a result of Tenant’s failure to cure an Event of Default, in addition to any other amounts recoverable by Landlord pursuant to the terms of the LeaseAbated Rent Period, Tenant shall pay to Landlord an amount equal to the unamortized portion (as of the date of such default) of any Abated Rent realized by Tenant pursuant to this Amendment based on a sixty (60) month straight line amortization schedule with the first month of such period being July, 2010all utilities and operating costs.

Abated Rent. Notwithstanding anything contained herein or in the Lease to the contrarycontrary contained in Section 5.1.1 above, Base Rent in the monthly amount provided that there is no then-existing Event of $16,333.33 for Third Expansion Space-A, and $7,500.50 for Third Expansion Space-B, and Tenant’s Proportionate Share of Taxes, utilities and other services, and other costs collectively referred to Default (as defined below) by Tenant Costs in ▇▇▇▇under this Lease: (a) Landlord shall ▇▇▇▇▇ ▇▇ Tenant’s obligation to pay the monthly installments of Base Rent otherwise payable by Tenant for the Initial Premises (and those Suite Spaces in the Remaining Premises for which the Lease Commencement Date applicable thereto has actually occurred) during the first six (6) months of the Lease shall be abated for the time periods specified above. All such amounts are referred to herein as Initial Premises Term (the “Initial Abated Rent”. If, at ); and (b) in addition to the time any Initial Abated Rent is due to Tenant, there is an uncured Event of Default under the Lease and Landlord has not terminated the Lease as provided for in Paragraph 20(a) of the LeaseRent, Landlord shall provide also ▇▇▇▇▇ Tenant’s obligation to pay Base Rent during the Initial Premises Term in a total amount equivalent to the total amount of monthly Base Rent actually paid by Tenant with a second written notice of such Event of Default, unless for the original Event of Default was pursuant to Paragraph 19C or Paragraph 19D Initial Premises (and those Suite Spaces in the Remaining Premises for which the Lease Commencement Date applicable thereto has actually occurred) for the seventh (7th) through the tenth (10th) months of the Lease in Initial Premises Term (the “Subsequent Abatable Rent”), which case the above-described notice is not required, and Tenant shall have the same right to cure such Event of Default as Tenant had when Tenant was first notified of the Event of Default as provided for in Paragraph 19 of the Lease, as modified by Paragraph 21 of this Amendment. No further Subsequent Abatable Rent shall be abated unlessby Landlord as follows: Landlord shall apply the Subsequent Abatable Rent against fifty percent (50%) of the monthly installments of Base Rent otherwise payable for the Initial Premises (and those Suite Spaces in the Remaining Premises for which the Lease Commencement Date applicable thereto has actually occurred) commencing with the thirty-first (31st) month of the Initial Premises Term and for each month thereafter until such Subsequent Abatable Rent is exhausted. By way of illustration only, following if (i) the Subsequent Abatable Rent equaled $500,000.00, and (ii) the Lease Commencement Date for each and every Suite Space in the Premises had occurred on or prior to the first (1st) day of the thirty-first (31st) month of the Initial Premises Term, then Tenant would have the obligation to pay Base Rent as follows after applying such second written notice, Tenant cures such fifty percent (50%) abatement of the Subsequent Abatable Rent and provided there is no then-existing Event of Default within applicable cure period described in by Tenant under this Lease: (A) $97,793.64 (i.e., $195,587.27 / 2) per month during the Lease. Notwithstanding anything to the contrary in this Paragraph 3(c), in the event of termination thirty-first (31st) through thirty-fifth (35th) months of the Lease as a result of Tenant’s failure to cure an Event of DefaultInitial Premises Term; and (B) $184,555.47 (i.e., in addition to any other amounts recoverable by Landlord pursuant to $195,587.27 - $11,031.80 [representing the terms then-remaining balance of the Lease, Tenant shall pay to Landlord an amount equal to Subsequent Abatable Rent]) for the unamortized portion thirty-sixth (as 36th) month of the date of such default) of any Abated Rent realized by Tenant pursuant to this Amendment based on a sixty (60) month straight line amortization schedule with the first month of such period being July, 2010Initial Premises Term.

Abated Rent. Notwithstanding anything contained herein or in the Lease to the contrary, Certain amounts of Base Rent in the monthly amount of $16,333.33 for Third Expansion Space-A, and $7,500.50 for Third Expansion Space-B, and Tenant’s Proportionate Share of Taxes, utilities and other services, and other costs collectively referred to as Tenant Costs in ▇▇▇▇▇▇▇▇▇ ▇▇ of the Lease shall be abated for the time periods specified above. All such amounts are referred to herein as the “Abated Rent”. If, at the time any Abated Rent is due to Tenant, there is an uncured Event of Default under the Lease and Landlord has not terminated the Lease as provided for in Paragraph 20(a) of the Lease, Landlord shall provide Tenant with a second written notice of such Event of Default, unless the original Event of Default was pursuant to Paragraph 19C or Paragraph 19D of the Lease in which case the above-described notice is not required, and Tenant shall have the same right to cure such Event of Default as Tenant had when Tenant was first notified of the Event of Default as provided for in Paragraph 19 of the Lease, as modified by Paragraph 21 of this Amendment. No further Rent shall be abated unlesssubject to the terms and conditions of this Section 7.B. Subtenant acknowledges and agrees that all Abated Rent (defined below) has been granted to Subtenant as additional consideration for entering into this Sublease, following such second written notice, Tenant cures such and for agreeing to pay the rental and performing the terms and conditions otherwise required under this Sublease for the entire Sublease Term. If an Event of Default within applicable cure period described in the Lease. Notwithstanding anything by Subtenant occurs prior to the contrary in this Paragraph 3(cexpiration of any applicable Rent Abatement Period (as defined below), in then the event of termination dollar amount of the Lease as a result of Tenant’s failure to cure an Event of Default, in addition to any other amounts recoverable by Landlord pursuant to the terms unapplied portion of the Lease, Tenant shall pay to Landlord an amount equal to the unamortized portion (Abated Rent as of the date of such default) Event of any Default shall be converted to a credit to be applied to the Base Rent applicable at the end of the Sublease Term and Subtenant shall immediately be obligated to begin paying Base Rent in full. If this Sublease is terminated prior to the expiration of the Rent Abatement Period as a result of an Event of Default by Subtenant, then, for purposes of calculating Sublandlord’s remedies under Section 1951.2 of the California Civil Code, if any, the dollar amount of the Abated Rent realized by Tenant pursuant Subtenant shall be automatically reinstated and immediately due and payable as Base Rent. i. Provided no Event of Default has occurred, then (i) commencing with the first full calendar month of the Sublease Term and continuing through month twenty-two (22), fifty percent (50%) of the Base Rent applicable to this Amendment based on a Building A, and (ii) for months fifty-five (55) through sixty (60) one hundred percent (100%) of the Base Rent applicable to Building A, (iii) and fifty percent (50%) of month straight line amortization schedule with one-hundred thirteen and (iv) one hundred percent (100%) for months one hundred-fourteen (114) through one hundred-seventeen (117) of the first month Sublease Term, one hundred percent (100%) of the Base Rent applicable to Building A, shall be abated subject to the conditions of this Section 7.B above (the “Building A Rent Abatement Period”), and the amount of such period being Julyabated rent (the “Building A Abated Rent”). There will be no abated rent for the partial month the Sublease Term begins, 2010.if applicable, and Subtenant shall pay the full amount of the Base Rent for such partial month. ii. Provided no Event of Default has occurred and provided that the Building B Commencement Date has occurred (subject to the last sentence of this Section 7.B.ii), then Base Rent for the Expansion Premises shall be abated, subject to the provisions of this