Abatement Termination. In the event any part of the Premises, as a result of damage by fire or other casualty, is rendered untenantable, for the conduct of Tenant's business, rent shall be reduced and abated in proportion to the part of the Premises which is so rendered untenantable until the damaged portion of the Premises have been made tenantable for the conduct of Tenant's business or until this Lease expires or terminates, whichever occurs first; provided that, (a) there shall be no abatement of rent with respect to any portion of the Premises which is rendered unusable for a period of five (5) days or less, (b) there shall be no abatement of rent if Landlord provides other space in the Building to Tenant which is reasonably suited for the temporary conduct of Tenant's business,(c) there shall be no abatement of rent whatsoever with respect to any damage caused in whole or in part by the negligence or willful act of Tenant, its agents, employees, contractors, licensees or invitees. In the event Landlord terminates this Lease pursuant to the terms of Sections 12.1 and 12.2, this Lease and the estate and interest of the Tenant in the Premises shall terminate and expire on the date specified in Landlord's notice of termination and the rent payable hereunder shall be pro rated as of such date, subject to rent abatement, if any, to the extent provided above.
Abatement Termination. If Citimark transfers the Xxxxxx Building within five (5) years of the Closing Date, Citimark acknowledges and agrees that (a) the Abatement shall terminate; and (b) within sixty (60) days of receipt of a written invoice from the City, Citimark shall pay to the City the Abatement Payment. If Citimark fails to pay the City any portion of the Abatement Payment when due, interest shall accrue on the balance owed in the amount of seven percent (7%) per annum. Interest shall continue to accrue until the outstanding amount owed, together with interest, is paid in full. Citimark’s obligation to repay the City pursuant this Section 6.05 shall survive termination of this Agreement.
Abatement Termination. If the City determines that thyssenkrupp (a) failed to satisfy the Employment Commitment; or (b) thyssenkrupp (i) ceases operations at the Fishers Site at any time during the Term; or (ii) announces cessation of operations at the Fishers Site to be effective at any time during the Term, the City may terminate the ERA designation and terminate the Abatement (or thyssenkrupp's right to it) provided however that thyssenkrupp shall have a reasonable opportunity to cure such noncompliance before any determination of noncompliance is finalized by the City. Notwithstanding the foregoing or anything in this Agreement to the contrary, in the event the City makes a determination of noncompliance under this Section 6.01, then prior to proceeding with a termination under Section 6.02, the City shall provide preliminary written notice (the “Preliminary Notice”) to thyssenkrupp of such determination of noncompliance and an opportunity to meet with representatives of the City within fifteen (15) days after the date of the Preliminary Notice (“Notice Period”) to discuss the City’s determination and provide an opportunity for thyssenkrupp to submit information regarding the reason for any shortfall or delay in the Relocation Commitment or cessation of operations, as applicable.
Abatement Termination. Memory Ventures specifically agrees that if it has not or cannot reasonably satisfy the Memory Ventures Commitment, the City may terminate the Abatement pursuant to the notice and hearing procedure specifically provided in Ind. Code § 6- 1.1-12.1-5.9.
Abatement Termination. If the City determines that Knowledge Services (a) has not or cannot reasonably satisfy the Development Commitment; (b) has not or cannot reasonably satisfy the Employment Commitment, including, without limitation, the obligation, at all times during the Term, to employ not less than four hundred (400) FTEs from the Site; or (c) Knowledge Services (i) ceases operations at the Site; or (ii) announces cessation of operations at the Site, the City may terminate the ERA designation, terminate the Abatement (or Knowledge Services' right to it) and/or seek reimbursement pursuant to Section 6.03. Notwithstanding the foregoing or anything in this Fourth Amendment to the contrary, in the event the City makes a determination of noncompliance under this Section 6.01, then prior to proceeding with a termination under Section 6.02, the City shall provide preliminary notice (the “Preliminary Notice”) to Knowledge Services of such determination of noncompliance and an opportunity to meet with representatives of the City within fifteen (15) days after the date of the Preliminary Notice (“Notice Period”) to discuss the City’s determination and provide an opportunity for Knowledge Services to submit information regarding the reason for any shortfall or delay in the Development Commitment, Employment Commitment or cessation of operations, as applicable.
Abatement Termination. If the City determines that Developer has not or cannot reasonably satisfy the Developer Commitment, the City may terminate the ERA designation, terminate the Abatement (or Developer's right to it). Notwithstanding the foregoing or anything in this Agreement to the contrary, in the event the City makes a determination of noncompliance under this Section 6.04, then prior to proceeding with a termination, the City shall provide preliminary notice (the “Preliminary Notice”) to Developer of such determination of noncompliance and an opportunity to meet with representatives of the City within fifteen (15) days after the date of the Preliminary Notice (“Notice Period”) to discuss the City’s determination and provide an opportunity for Developer to submit information regarding the reason for any shortfall or delay in the Developer Commitment.
Abatement Termination. If the City determines that Corporation has not or cannot reasonably satisfy the Employment Commitment, including, without limitation, the obligation to, at all times during the Term, employ not less than three hundred (300) FTEs; or (b) Corporation (i) ceases operation at the Site; or (ii) announces cessation of operation at the Site, the City may terminate the Abatement (or Corporation' right to it).
Abatement Termination. (a) If any part of the Premises is rendered untenantable as a result of damage by fire or other casualty to any part of the Premises or the Project, and is not used for the conduct of Tenant's business, rent shall be reduced and abated from the date of such casualty in proportion to the part of the Premises which is so rendered untenantable and unusable until the damaged portion of the Premises has been made tenantable or are used for the conduct of Tenant's business or until this Lease expires or terminates, whichever occurs first; provided that, (i) there shall be no abatement of rent with respect to any portion of the Premises which is rendered unusable for a period of three (3) consecutive business days or less (except to the extent Landlord is entitled to receive and does receive the proceeds from the rent loss insurance carried by Landlord, the costs of which is included in Operating Expenses, for the period prior to the fourth (4th) day after damage by any casualty), (ii) there shall be no abatement of rent after the fifth (5th) business day after Landlord provides other space in the Building or the Project to Tenant which is reasonably comparable and substantially similar in size and quality to the Premises and reasonably suited for the temporary conduct of Tenant's business, (iii) there shall be no abatement of rent whatsoever with respect to any damage caused in whole or in part by the gross negligence or willful act of Tenant, its agents, employees, contractors, licensees or invitees, except to the extent such abatement is covered by rent loss insurance carried by Landlord, the premiums for which are included in Operating Expenses. For purposes of this Section 12.3, ------------ the Premises shall be deemed to have been made tenantable when Landlord has repaired or restored the Premises to substantially the same (or better) condition as the Premises were in immediately prior to such casualty, and Landlord has given Tenant sufficient time (but in no event more than two (2) weeks) and access to reinstall and reconnect Tenant's personal property, furniture, fixtures and equipment in the Premises. Subject to the foregoing clauses (i), (ii) and (iii), if any part of the Premises which is necessary for the operation of Tenant's business is rendered untenantable by fire or other casualty and as a result thereof the entire Premises are not used for the operation of Tenant's business, rent for the entire Premises shall be abated until such damaged portio...
Abatement Termination. Round Room specifically agrees that if it has not or cannot reasonably satisfy the Round Room Commitment, the City may terminate the Abatement pursuant to the notice and hearing procedure specifically provided in Ind. Code § 6-1.1-2.1-5.9.
Abatement Termination. If the City determines that Owner has not or cannot reasonably satisfy the Owner Commitment, the City may terminate the ERA designation, terminate the Abatement (or Owner's right to it). Notwithstanding the foregoing or anything in this Agreement to the contrary, in the event the City makes a determination of noncompliance under this Section 6.03, then prior to proceeding with a termination, the City shall provide preliminary notice (the “Preliminary Notice”) to Owner of such determination of noncompliance and an opportunity to meet with representatives of the City within fifteen (15) days after the date of the Preliminary Notice (“Notice Period”) to discuss the City’s determination and provide an opportunity for Owner to submit information regarding the reason for any shortfall or delay in the Owner Commitment.
