Common use of Abatement Procedures Clause in Contracts

Abatement Procedures. In the event of a partial Taking of the Leased Property as described in Section 15.5, the Lease shall not terminate with respect to the affected Leased Property, but the Base Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, taking into consideration, among other relevant factors, the number of usable rooms, the amount of square footage, or the revenues affected by such partial Taking. If Lessor and Lessee are unable to agree upon the amount of such abatement within 30 days after such partial Taking, the matter may be submitted by either party to arbitration pursuant to the arbitration procedures set forth in Article XXXIX.

Appears in 6 contracts

Samples: Lease Agreement (Eagle Hospitality Properties Trust, Inc.), Lease Agreement (Highland Hospitality Corp), Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

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Abatement Procedures. In the event of a partial Taking of the a Leased Property as described in Section 15.5, the Master Lease shall not terminate with respect to the affected Leased Property, but the Base Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, taking into consideration, among other relevant factors, the number of usable rooms, the amount of square footage, or the revenues affected by such partial Taking. If Lessor and Lessee are unable to agree upon the amount of such abatement within 30 days after such partial Taking, the matter may be submitted by either party to arbitration pursuant to the arbitration procedures set forth in Article XXXIX.

Appears in 1 contract

Samples: Master Lease Agreement (Winston Hotels Inc)

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Abatement Procedures. In the event of a partial Taking of the Leased Property as described in Section 15.5Sec, the Lease shall not terminate with respect to the affected Leased Property, but the Base Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, taking into consideration, among other relevant factors, the number of usable rooms, the amount of square footage, or the revenues affected by such partial Taking. If Lessor and Lessee are unable to agree upon the amount of such abatement within 30 days after such partial Taking, the matter may be submitted by either party to arbitration pursuant to the arbitration procedures set forth in Article XXXIX.

Appears in 1 contract

Samples: Lease Agreement (Highland Hospitality Corp)

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