Common use of Abatement Event Clause in Contracts

Abatement Event. An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, whether directly or as a result of any failure to provide services or access to the Common Area of the Building in which the Premises are a part where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Base Rent and Tenant’s Share of Direct Expenses shall be abated entirely 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, bears to the total rentable area of the Premises leased by

Abatement Event. An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, whether directly or as a result of any failure to provide services or access to the Common Area of the Building in which the Premises are a part where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Base Rent and TenantXxxxxx’s Share of Direct Expenses shall be abated entirely 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, 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 leased byfor a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not 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

Abatement Event. An “"Abatement Event” " shall be defined as an event that prevents Tenant from using the Premises Property or any portion thereof, as a result of any failure to provide services or access to the PremisesProperty, whether directly or as a result of any failure to provide services or access to the Common Area of the Building in which the Premises are a part where (i) such event is caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors and is within Landlord's reasonable control, (ii) Tenant cannot and does not actually use the Premises Property or such portion thereofthereof for its ordinary course purposes as of the Effective Date, and (iiiii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors. Tenant shall give Landlord notice (“"Abatement Notice”") of any such Abatement Event, and if such Abatement Event continues beyond the “"Eligibility Period” " (as that term is defined below), then the Extended Term Monthly Base Rent and Tenant’s Share of Direct Expenses during the Extended Term, if applicable, shall be abated entirely or equitably reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from so using, and does not so use, the Premises Property or a portion thereof; provided, however, in the proportion that the rentable area of the portion of the Premises event that Tenant is prevented from so using, and does not so use, bears to the total rentable area a portion of the Premises leased byProperty for a period of time in excess of the

Abatement Event. An “Abatement Event” shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, whether directly or as a result of any failure to provide services or access to the Common Area of the Building in which the Premises are a part where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the negligence or willful misconduct of Tenant, its agents, employees or contractorscontractors (except to the extent such event is covered by Landlord’s rent loss insurance, such event shall be deemed an Abatement Event). Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below), then the Base Rent Basic Rental and Tenant’s Proportionate Share of Direct Expenses Costs shall be abated entirely 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, 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 leased byfor a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not 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

Abatement Event. An “Abatement Event” shall be defined as an event that prevents Tenant from using Notwithstanding the foregoing, if any interruption in, or failure or inability to provide electric, gas, water or sewer utilities to the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises, whether directly or as a result of any failure to provide services or access to the Common Area of the Building in which the Premises are a part where (i) Tenant does not actually use the Premises or such portion thereof, and (ii) such event is not caused by the gross negligence or willful misconduct of Landlord or any Landlord Parties, or Landlord is in default of its obligations under Sections 7.2 or 29.35.5, and in each case as a result thereof Tenant is unable to use and does not use a portion of the Premises for Tenant's business purposes as a result thereof for a period of five (5) consecutive business days after written notice thereof to Landlord (each, its agents, employees or contractors. Tenant shall give Landlord notice (“Abatement Notice”) of any such an "Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as that term is defined below"), then the Tenant's obligation to pay Base Rent and Tenant’s 's Share of Direct Expenses shall be abated entirely or reduced, as the case may be, from and after the expiration of such five (5) business day period and continuing until the Eligibility Period for earlier of (x) such time that Tenant no longer continues to be so prevented from using, and does not use, using the Premises or a material portion thereofthereof (the "Unusable Area"), (y) such time that Tenant reoccupies the Unusable Area, or (z) the Abatement Event has been cured or corrected by Landlord. Base Rent and Tenant's Share of Direct Expenses shall be so abated during such period 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 square footage of the Premises leased byPremises. Notwithstanding anything in this Lease to the contrary, if an Abatement Event is caused by fire or other Casualty, or by condemnation, then this Section shall not apply and the provisions of Article 11 (in the event of a fire or other Casualty) or Article 13 (in the event of condemnation), shall prevail in determining Tenant's rights to abatement of Rent.