Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired, but not to exceed the proceeds received from the Rental Value insurance. All other obligations of Lessee hereunder shall be performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, repair or restoration except as provided herein.
Abatement. If Landlord shall receive any tax refund or reimbursement --------- of Taxes or sum in lieu thereof with respect to any Tax Year all or any portion of which falls within the Term, then out of any balance remaining thereof after deducting Landlord's expenses in obtaining such refund, Landlord shall pay to Tenant, provided there does not then exist a Default of Tenant, an amount equal to such refund or reimbursement or sum in lieu thereof (exclusive of any interest, and apportioned if such refund is for a Tax Year a portion of which falls outside the Term,) multiplied by Tenant's Proportionate Share; provided, that in no event shall Tenant be entitled to receive more than the payments made by Tenant on account of Taxes for such Tax Year pursuant to paragraph (b) of Section 8.1 or to receive any payments or abatement of Basic Rent if Taxes for any year are less than Base Taxes or if Base Taxes are abated. If Landlord shall receive a tax refund or reimbursement with respect to the Base Taxes, Landlord shall advise Tenant of the amount thereof and Tenant shall pay to Landlord, within thirty (30) days after being so advised by Landlord, the difference between the reduced Base Taxes and the amounts previously paid by Tenant for each applicable prior Tax Year in the Term, and the obligation to make such payment for any period within the Term shall survive expiration of the Term.
Abatement. 19.1 If, after the Parties have executed the Memorandum of Commencement Date attached hereto as Exhibit E, the Project becomes destroyed or damaged beyond repair, the District may determine its use of the Project abated. Thereafter, the District shall have no obligation to make, nor shall Developer have the right to demand, the Lease Payments as indicated in the GMP provisions indicated in Exhibit C to this Facilities Lease. The Term shall cease at that time.
Abatement. In the event a material portion of the Premises is damaged as a result of a fire or other casualty, the Base Rent shall xxxxx for the portion of the Premises that is damaged and not usable by Tenant until substantial completion of the repairs and restoration required to be made by Landlord pursuant to Section 16.A. Tenant, however, shall not be entitled to such abatement if the fire or other casualty was caused by the negligence or intentional misconduct of any of the Tenant Parties. Landlord shall not be liable for any loss or damage to Tenant’s Property or to the business of Tenant resulting in any way from the fire or other casualty or from the repair and restoration of the damage. Landlord and Tenant hereby waive the provisions of any Law relating to the matters addressed in this Article, and agree that their respective rights for damage to or destruction of the Premises shall be those specifically provided in this Lease.
Abatement. Unless the damage is caused by Tenant’s willful misconduct, the Rent and Additional Rent shall axxxx in proportion to that part of the Premises that is unfit for use in Tenant’s business. The abatement shall consider the nature and extent of interference to Tenant’s ability to conduct business in the Premises and the need for access and essential services. The abatement shall continue from the date the damage occurred until ten (10) business days after Landlord completes the repairs and restoration to the Relevant Space or the part rendered unusable and notice to Tenant that the repairs and restoration are completed, or until Tenant again uses the Premises or the part rendered unusable, whichever occurs first. Tenant assumes risk of lost revenue during any period of damage, destruction, repair or restoration of the Premises. Tenant is accordingly urged to procure loss of business insurance to cover some or all of that lost revenue.
Abatement. The Lessee's obligations to make payments under this Agreement shall be subject to abatement in accordance with this Section 4.8 during any period in which, by reason of material damage, destruction, or condemnation, there is substantial interference with the use and right of possession by the Lessee of such item of Equipment. The amount of Lease Payment abatement shall be such that the resulting Lease Payments in any Fiscal Year during which such interference continues do not exceed the fair rental value of the portions of the Equipment as to which such damage, destruction, or condemnation does not substantially interfere with the use and right of possession of the Lessee, as evidenced by a certificate of a City Representative. Such abatement shall continue for the period commencing with the date of such damage, destruction, or condemnation and ending with the restoration of such item of Equipment to useable condition. In the event of such damage, destruction, or condemnation, this Agreement shall continue in full force and effect.
Abatement. During any period of restoration, the Base Rent payable by Tenant shall be proportionately reduced to the extent that the Premises are thereby rendered untenantable from the date of casualty until completion by Landlord of the repairs to the Premises (or the part thereof rendered untenantable) or until Tenant again uses the Premises (or the part thereof rendered untenantable) in its business, whichever first occurs.
Abatement. In the event of repair, reconstruction and restoration of the Leased Premises, the Minimum Annual Rental and Additional Rent shall be abated proportionately with the degree to which Tenant's use of the Leased Premises is impaired commencing from the date of destruction and continuing during the period of such repair, reconstruction or restoration. Tenant shall continue the operation of Tenant's business at the Leased Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management. Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Leased Premises, or the building of which the Leased Premises are a part, Tenant's personal property or for any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.
Abatement. In the event Tenant is prevented from using the Premises or any portion thereof, for five (5) consecutive business days or ten (10) days in any twelve (12) month period (the "Eligibility Period") as a result of the failure of Landlord to maintain and repair the Shopping Center and the Premises in accordance with its obligations as set forth in this Lease, and such failure interferes with Tenant's operations and use of the Premises, or as a result of any failure to provide services or access to the Premises, or because of the presence of Hazardous Materials in or on the Shopping Center or the land on which the Shopping Center is located resulting from the acts or omissions of any party other than Tenant which pose a health risk to occupants of the Premises, then Tenant's 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 the Premises or a portion thereof, in the proportion that the square footage of the portion of the Premises that Tenant is prevented from using bears to the Tenant Area of the entire Premises. However, in the event that Tenant is prevented from conducting its business in any portion of the Premises under such circumstances for period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not reasonably sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the square footage of such reoccupied portion of the Premises bears to the Tenant Area of the Premises, shall be payable by Tenant from the date such business operations commence.
Abatement. Notwithstanding the other provisions of this Lease, in the event that electrical, utility or other services to be provided by Landlord pursuant to this Lease are not provided to the Premises and shall render any portion of all the Premises inaccessible or unusable for the normal conduct of Tenant's business for five (5) consecutive business days or more, than all Base Rent and Additional Rent payable hereunder with respect to such portion of the Premises which Tenant is not able to occupy shall be abated and such abatement shall continue until full use of such portion of the Premises is restored to Tenant. The foregoing provision shall not apply to a cessation of services associated with a casualty covered by the provisions of Article XIV of this Lease.