Common use of Abatement of Rentals Clause in Contracts

Abatement of Rentals. If the Premises are to be rebuilt or restored pursuant to this Article 12, the then current Rentals shall be proportionately reduced during the period of repair or restoration, based upon the extent to which the making of repairs interferes with Tenant's business conducted in the Premises, as reasonably determined by Landlord. In the event Tenant reasonably disputes Landlord's determination regarding Rentals in Section 12.7 above and/or in the preceding sentence, then Tenant shall, within thirty (30) days following written notice to Tenant of such determination by Landlord, have the right to send Landlord written notice objecting to such determination and requesting that Landlord and Tenant determine by arbitration the extent to which Rentals should be proportionately reduced during the period described in Section 12.7 above or the period of repair or restoration, which arbitration shall be carried out pursuant to the rules and procedures of the American Arbitration Association. All costs and expenses of any such arbitration shall be shared equally by Landlord and Tenant. The determination of any such arbitration shall be binding upon Landlord and Tenant.

Appears in 5 contracts

Samples: Office Lease (Avantgo Inc), Office Lease (Imanage Inc), Office Lease (Avantgo Inc)

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Abatement of Rentals. If the Premises are to be rebuilt or restored pursuant to this Article 12, the then current Rentals shall be proportionately reduced during the period of repair or restoration, based upon the Bayshore Corporate Center extent to which the making of repairs interferes with Tenant's business conducted in the Premises, as reasonably determined by Landlord. In the event Tenant reasonably disputes Landlord's determination regarding Rentals in Section 12.7 above and/or in the preceding sentence, then Tenant shall, within thirty (30) days following written notice to Tenant of such determination by Landlord, have the right to send Landlord written notice objecting to such determination and requesting that Landlord and Tenant determine by arbitration the extent to which Rentals should be proportionately reduced during the period described in Section 12.7 above or the period of repair or restoration, which arbitration shall be carried out pursuant to the rules and procedures of the American Arbitration Association. All costs and expenses of any such arbitration shall be shared equally by Landlord and Tenant. The determination of any such arbitration shall be binding upon Landlord and Tenant.

Appears in 2 contracts

Samples: Lease (Avantgo Inc), Lease (Avantgo Inc)

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