Common use of Abated Rent Clause in Contracts

Abated Rent. Provided Subtenant is not in Default under this Sublease, Subtenant shall be entitled to an abatement of Monthly Base Rent in the first, second, third, fourth, fifth, sixth, thirteenth and twenty-fifth Sublease Months (the “Abated Monthly Base Rent”). If Subtenant Defaults at any time during the Sublease Term, and any notice for such Default references the potential loss of Abated Rent and is addressed to Subtenant’s Chief Executive Officer in addition to the parties listed in Section 12 below, then a proportion of the Abated Monthly Base Rent shall immediately become due and payable (“Forfeited Abated Rent”). For purposes of this Sublease, Forfeited Abated Rent shall be calculated by multiplying the sum of all Abated Monthly Base Rent provided for under this Section 5(d) for the entire Sublease Term, multiplied by the number of remaining months in the Sublease Term following the Default which results in such forfeit, and divided over the total number of months in the Sublease Term. The payment by Subtenant of the Forfeited Abated Monthly Base Rent in the event of a Default shall not limit or affect any of Sublandlord’s other rights or remedies available to Sublandlord pursuant to this Sublease or at law or in equity. Only Monthly Base Rent shall be abated, and all Additional Rent and other costs and charges specified in this Sublease shall remain due and payable pursuant to the provisions of this Sublease.

Abated Rent. Provided Subtenant As an inducement for Tenant to enter into this Lease with Landlord, Landlord hereby conditionally abates Tenant’s obligation to pay one-half (½) of Monthly Rent due in months 5 and 11 of each Lease Year of the Lease Term for a total of ten (10) months, provided however Tenant shall pay all other sums and charges payable under the Lease (including, without limitation any Additional Rent and parking charges) during said months. Such abated rent shall be collectively referred to as the “Rent Concessions”. Tenant agrees Landlord’s granting of the Rent Concessions shall be deemed conditioned upon Tenant’s full and faithful performance of all the terms, covenants and conditions of this Lease to be performed or observed by Tenant during the term hereof. Upon any event of default of this Lease by Tenant which is not cured within the time limits (if any) specified in Default under Article 19, all Rent Concessions which may come due in the future pursuant to the terms of this Sublease, Subtenant Lease shall automatically be deemed deleted from this Lease and of no further force and effect and any Rent Concessions theretofore given or paid by Landlord shall be entitled to an abatement of Monthly Base Rent in the first, second, third, fourth, fifth, sixth, thirteenth and twenty-fifth Sublease Months (the “Abated Monthly Base Rent”). If Subtenant Defaults at any time during the Sublease Term, and any notice for such Default references the potential loss of Abated Rent and is addressed to Subtenant’s Chief Executive Officer in addition to the parties listed in Section 12 below, then a proportion of the Abated Monthly Base Rent shall immediately become due and payable (“Forfeited Abated Rent”). For purposes of this Sublease, Forfeited Abated by Tenant to Landlord and recoverable by Landlord as Additional Rent shall be calculated by multiplying the sum of all Abated Monthly Base Rent provided for due under this Section 5(d) for the entire Sublease Term, multiplied by the number of remaining months in the Sublease Term following the Default which results in such forfeitLease, and divided over the total number notwithstanding any subsequent cure of months in the Sublease Term. The payment by Subtenant of the Forfeited Abated Monthly Base Rent in the such event of a Default shall not limit or affect any of Sublandlord’s other rights or remedies available to Sublandlord pursuant to this Sublease or at law or in equity. Only Monthly Base Rent shall be abated, and all Additional Rent and other costs and charges specified in this Sublease shall remain due and payable pursuant to the provisions of this Subleasedefault.

Abated Rent. Provided Subtenant that Tenant is not then in Default under default of this SubleaseLease, Subtenant shall be entitled to an abatement of Monthly Base Rent in beyond any applicable notice and cure periods, then for the firstperiod commencing January 1, second2015 and continuing through and including May 31, third, fourth, fifth, sixth, thirteenth and twenty-fifth Sublease Months 2015 (the “Abated Monthly "Rent Abatement Period"), Tenant shall not be obligated to pay (a) Base Rent”, or (b) Tenant's Share of Building Direct Expenses (as those terms are defined in Section 4.1 below) (the "Rent Abatement"). If Subtenant Defaults at any time during , except that, notwithstanding the Sublease Termforegoing, Tenant shall remain obligated to pay, in accordance with the terms of this Lease, (i) Tenant's Share of Operating Expenses attributable to utilities, heating and any notice for such Default references air conditioning provided by Landlord to the potential loss of Abated Rent and is addressed to Subtenant’s Chief Executive Officer Premises (in addition to the parties listed any amounts payable by Tenant pursuant to Section 6.2 below), and (ii) any and all taxes and other charges as set forth in Section 12 4.5 below. Tenant acknowledges and agrees that the foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Lease and for agreeing to pay the Rent and performing the terms and conditions otherwise required under this Lease. If Tenant shall be in default under this Lease, beyond any applicable notice and cure periods, and shall fail to cure such default within the notice and cure period, if any, permitted for cure pursuant to this Lease, then a proportion Landlord may at its option, by notice to Tenant, elect, in addition to any other remedies Landlord may have under this Lease, one or both of the Abated Monthly Base Rent following remedies: (i) that Tenant shall immediately become due and payable (“Forfeited Abated Rent”). For purposes of this Subleaseobligated to pay to Landlord all Rent abated hereunder during the Rent Abatement Period, Forfeited Abated Rent shall be calculated by multiplying the sum of all Abated Monthly Base Rent with interest as provided for under this Section 5(d) for the entire Sublease Term, multiplied by the number of remaining months in the Sublease Term following the Default which results in such forfeit, and divided over the total number of months in the Sublease Term. The payment by Subtenant of the Forfeited Abated Monthly Base Rent in the event of a Default shall not limit or affect any of Sublandlord’s other rights or remedies available to Sublandlord pursuant to this Sublease Lease from the date such Rent would have otherwise been due but for the abatement provided herein, or at law or in equity. Only Monthly Base (ii) that the dollar amount of the unapplied portion of the Rent Abatement as of such default shall be abated, and all Additional Rent and other costs and charges specified in this Sublease shall remain due and payable pursuant converted to a credit to be applied to the provisions Rent applicable at the end of this Subleasethe Lease Term and Tenant shall immediately be obligated to begin paying Rent for the Premises in full.

Abated Rent. Provided Subtenant Notwithstanding anything to the contrary contained in Section 5.1.1 above, provided that there is not in no then-existing Event of Default (as defined below) by Tenant under this Sublease, Subtenant Lease: (a) Landlord shall be entitled ▇▇▇▇▇ Tenant’s obligation to an abatement pay the monthly installments of Monthly Base Rent otherwise payable by Tenant for the Initial Premises (and those Suite Spaces in the first, second, third, fourth, fifth, sixth, thirteenth and twenty-fifth Sublease Months Remaining Premises for which the Lease Commencement Date applicable thereto has actually occurred) during the first six (6) months of the Initial Premises Term (the “Initial Abated Monthly Base Rent”). If Subtenant Defaults at any time during the Sublease Term, ; and any notice for such Default references the potential loss of Abated Rent and is addressed to Subtenant’s Chief Executive Officer (b) in addition to the parties listed Initial Abated Rent, Landlord shall also ▇▇▇▇▇ Tenant’s obligation to pay Base Rent during the Initial Premises Term in Section 12 below, then a proportion total amount equivalent to the total amount of monthly Base Rent actually paid 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) for the seventh (7th) through the tenth (10th) months of the Abated Monthly Base Rent shall immediately become due and payable Initial Premises Term (the “Forfeited Abated Subsequent Abatable Rent”). For purposes of this Sublease, Forfeited Abated which Subsequent Abatable Rent shall be calculated abated by multiplying Landlord as follows: Landlord shall apply the sum Subsequent Abatable Rent against fifty percent (50%) of all Abated Monthly 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, if (i) the Subsequent Abatable Rent equaled $125,000.00, 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 fifty percent (50%) abatement of the Subsequent Abatable Rent and provided for there is no then-existing Event of Default by Tenant under this Section 5(dLease: (x) $34,950.86 (i.e., $69,901.71 / 2) per month during the thirty-first (31st) through thirty-third (33rd) months of the Initial Premises Term; and (y) $51,857.46 (i.e., $71,994.88 - $20,147.42 [representing the then-remaining balance of the Subsequent Abatable Rent]) for the entire Sublease Term, multiplied by the number of remaining months in the Sublease Term following the Default which results in such forfeit, and divided over the total number of months in the Sublease Term. The payment by Subtenant thirty-fourth (34th) month of the Forfeited Abated Monthly Base Rent in the event of a Default shall not limit or affect any of Sublandlord’s other rights or remedies available to Sublandlord pursuant to this Sublease or at law or in equity. Only Monthly Base Rent shall be abated, and all Additional Rent and other costs and charges specified in this Sublease shall remain due and payable pursuant to the provisions of this SubleaseInitial Premises Term.