Common use of Abatement Clause in Contracts

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities or services to the Premises, (ii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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, the Premises for 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 effectively conducting its business herein, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) or (iii) above, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease.

Appears in 1 contract

Samples: Office Lease (INX Inc)

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Abatement. An "Abatement Event" shall be defined as Following an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities or services to the Premises, (ii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice "Abatement Notice") of any such Abatement Event, and if such the Lessor shall diligently proceed to repair or replace the Premises to as nearly as possible the condition existing prior to the happening of the casualty. Except as otherwise provided in this Lease Agreement, the existence or nonexistence of insurance proceeds shall have no bearing on said duty to repair or replace the Premises. To the extent an Abatement Event continues beyond causes the "Eligibility Period" (entire Premises to be rendered untenantable, all Rental Payments shall cease as that term is defined below), then the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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 date of the Abatement Event and no further Rental Payments shall accrue until the entire Premises is again ready for occupancy. In the event that only a portion of the Premises is rendered untenantable, the Lessee shall be entitled to a Proportionate Abatement in the Rental Payments due under this Lease Agreement. The Lessor and Lessee hereby agree that Tenant the determination of whether all or any portion of the Premises is prevented from usingavailable for the use and occupancy of the Lessee following an Abatement Event shall be made by the Department of Public Works of the County of Los Angeles or such other department or agency of the County of Los Angeles responsible for determining availability for occupancy of the Premises in a manner similar to that which is employed in determining whether similar public buildings are available for use and occupancy and evidenced by the issuance or continuing validity of a certificate of occupancy for the Premises, which determination shall be binding upon the parties hereto. In the event the County of Los Angeles or its departments and does not useagencies are unable to make a determination of the availability of the Premises for use and occupancy within thirty (30) days after the filing of a request for such determination by the Lessor or the Lessee, bears any other public agency with building code enforcement capability with respect to the total rentable area Premises may make such a determination, which determination shall be binding upon the parties hereto. The Lessor shall apply for all necessary permits and commence the repair and restoration of the PremisesPremises within 120 days of the Abatement Event; provided, however, in that such period shall be extended if the event that Tenant Lessor is prevented from using, commencing the repair and does not userestoration of the Premises as a result of a force majeure event as provided in Section 26(g). Commencement of the repair and restoration shall require (a) notification of the appropriate insurance company (or companies) and (b) the placing of the necessary work order(s) and/or contract(s) for obtaining the labor and materials to accomplish the repair and restoration. The Lessor will be responsible for securing the area to prevent injury to persons and/or vandalism to the Facilities; the actual costs for said activities shall be reimbursed to the Lessor from any insurance proceeds permitted to be so expended. If the Lessor should fail thereafter to pursue said repair and restoration work with reasonable diligence to completion, the Premises for a period of time Lessee may give the Lessor 30 days’ prior written notice and thereafter perform or cause to be performed the restoration work and deduct the cost thereof in excess of the Eligibility Period insurance proceeds from the Renewal and Replacement Fund as a charge against the Lessor. In the event the Lessor commences the repair and restoration, any proceeds of insurance deposited with the Lessee or the Trustee shall be paid out to the Lessor or its contractor in accordance with the progress of the repair and restoration. Any insurance proceeds in excess of the amount required to restore the Premises to a tenantable condition and available for use and occupancy by the Lessee shall be deposited into the Renewal and Replacement Fund and applied in accordance with the provisions governing such Renewal and Replacement Fund. In the event the Lessor refuses to commence the repair and restoration of the Premises and the remaining Lessee elects not to undertake such repair and restoration of the Premises, then any proceeds of insurance deposited with the Trustee or the Lessee shall be applied to the prepayment of the outstanding Bonds; provided, however, that in the event the insurance proceeds received by the Lessor or the Trustee are attributable to damage or destruction of a 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 effectively conducting its business herein, the Base Rent payable under this Lease Agreement after such prepayment would not be sufficient to pay the remaining principal and Tenant's Share of Operating Expensesinterest represented by the Bonds, Insurance Expenses, Utility Expenses and Tax Expenses for such insurance proceeds shall not be applied to the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion prepayment of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears outstanding Bonds but shall instead be applied to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion repair and restoration of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) or (iii) above, for example bringing in portable air conditioning or heating equipment, then there Any excess insurance proceeds shall be deposited in the Renewal and Replacement Fund after payment of all necessary expenses and the Lessor shall have no abatement claim to any portion of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Leaseproceeds.

Appears in 1 contract

Samples: Lease Agreement

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using Notwithstanding anything to the contrary contained in this Lease, if Tenant’s use of all or a material part of the Premises or is materially impaired due to any portion thereof, as a result of the causes identified in subparagraphs (i) through (v) below (“Eligible Causes”) and such disruption materially interferes with the conduct of Tenant’s business in the Premises for five (5) consecutive business days or twenty (20) days in any failure twelve (12) month period (such five (5) consecutive business day period or twenty (20) day period, as applicable, is referred to provide herein as the “Eligibility Period”), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.17 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Base Rent and Additional Rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant’s business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Base Rent and Additional Rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such as for example, bringing in portable air-conditioning equipment, then there shall not be any abatement of Rent. As used herein, “Eligible Causes” shall mean (i) an interruption of utility or mechanical services to the Premises, (ii) any repairan inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord’s employees, agents or contractors, (iv) repairs, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure other work required to provide access be made to the Premises whereor Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, in each such caseand/or (v) Landlord’s failure to conduct repairs, Tenant does not actually use maintenance or other work required to be made to the Premises or such portion thereof, and such event is caused Building which are the responsibility of Landlord under this Lease or which otherwise are performed by the negligence or willful misconduct on behalf of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee Any impairment of Landlord (of whom Tenant is notified) 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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 ’s use of the Premises that resulting from acts or omissions of Tenant is prevented from using, and does or any of Tenant’s Parties shall not use, bears to the total rentable area constitute Eligible Causes. The provisions of the Premises; providedthis Section 7.6 shall not, however, apply in the event that Tenant is prevented from using, and does not use, of a casualty or in the Premises for event of 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 effectively conducting its business herein, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) taking or (iii) above, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be condemnation governed by separate the provisions of this LeaseSections 17 and 18 below.

Appears in 1 contract

Samples: Attornment Agreement (Inphi Corp)

Abatement. An "Abatement Event" shall be defined as an Notwithstanding anything to the contrary contained in this Lease, in the event that prevents Tenant is prevented from using using, and does not use, the Premises or any portion thereof, as a result of (ia) any failure to provide utilities or services to the Premises, (ii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and such event is caused by the negligence negligent acts or willful misconduct of Landlord, Landlord or its agents, employees contractors or contractors. employees, or (b) the presence of Hazardous Materials in, on or around the Project which were not caused or introduced by Tenant and which Hazardous Materials pose a material and significant health risk to occupants of the Premises (each, an “Abatement Event”), then Tenant shall give Landlord and any mortgagee notice of Landlord (of whom Tenant is notified) notice "Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond for three (3) consecutive business days after Landlord's receipt of any such notice (the "Eligibility Period" (as that term is defined below), then the Base Monthly Basic Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses all additional rent 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 for 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, in Tenant's judgment reasonably exercised, 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 hereintherein, the Base Monthly Basic Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses all additional rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies (other than to effectuate repairs or reinstate its furniture, fixtures and equipment and personal property) any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies (other than to effectuate repairs or reinstate its furniture, fixtures and equipment and personal property) such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) or (iii) above, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease.

Appears in 1 contract

Samples: Office Lease (Armata Pharmaceuticals, Inc.)

Abatement. An "Abatement Event" shall be defined as an event that prevents If Tenant is prevented from using using, and does not use, the Premises Premises, or any portion thereof, for five (5) consecutive business days (the "Eligibility Period") as a result of (i) any failure of Landlord to provide utilities services, utilities, or services access to the Premises, (ii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access due to the Premises where, in each such case, Tenant does presence of hazardous materials not actually use the Premises or such portion thereof, and such event is caused introduced by the negligence or willful misconduct of LandlordTenant, its agents, employees agents or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses rent payable by Tenant 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, however, in the event that if Tenant is prevented from usingconducting, and does not useconduct, its business in a portion of the Premises for a period of time in excess of the Eligibility Period 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 effectively conducting its business hereintherein, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses rent payable by Tenant for the entire Premises shall be abated for such time as abated. If Tenant continues to be so prevented thereafter reoccupies and conducts its business from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, then the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) or (iii) above, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Leaseoperations commence.

Appears in 1 contract

Samples: Acacia Research Corp

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities or services to the Premises, where (iii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) 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 ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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 for 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 effectively conducting its business hereintherein, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation repair of the failure described in clauses (i), (ii) such utilities or (iii) aboveservices and Landlord provides substitute services reasonably suitable for Tenant’s purposes as reasonably determined by Landlord, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease.Amberglen

Appears in 1 contract

Samples: Office Lease (Planar Systems Inc)

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities services or services access to the Premises, where (iii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractorscontractors or the performance of Renovations pursuant to Section 29.18. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) 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 ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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 for 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 effectively conducting its business hereintherein, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation repair of the failure described in clauses (i), (ii) such utilities or (iii) aboveservices and Landlord provides substitute services reasonably suitable for Tenant’s purposes as reasonably determined by Landlord, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four five (45) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease.after

Appears in 1 contract

Samples: Office Lease (Women First Healthcare Inc)

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities or services to the Premises, where (iii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) 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 ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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 for 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 effectively conducting its business hereintherein, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation repair of the failure described in clauses (i), (ii) such utilities or (iii) aboveservices and Landlord provides substitute services reasonably suitable for Tenant’s purposes, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four five (45) consecutive business days after Landlord's ’s and Landlord's ’s mortgagee's ’s (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's ’s sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease. Notwithstanding the foregoing, if Landlord has not cured an Abatement Event within ninety (90) days after receipt of notice thereof from Tenant and such Abatement Event renders a material portion of the Premises unusable, Tenant shall have the right to terminate this Lease by giving Landlord written notice thereof (the “Termination Notice”) at any time following the end of such 90-day period and prior to such time as Landlord has cured the Abatement Event; provided, however the Termination Notice shall be null and void, and this Lease shall not be terminated, if Landlord cures such Abatement Event Health Management Systems Corporate Point within thirty (30) days following receipt of the Termination Notice. Further, Tenant shall not have the right to terminate this Lease pursuant to the terms of this Section 6.5, if, as of the date of delivery by Tenant of the Termination Notice, (A) the first trust deed holder of the Building (the “Bank”) has recorded a notice of default on the Building or filed a notice evidencing a legal action by the Bank against Landlord on the Building, and (B) the Bank diligently proceeds to gain possession of the Premises and, to the extent Bank does gain possession of the Premises, the Bank diligently proceeds to cure such Abatement Event.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

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Abatement. An "Abatement EventABATEMENT EVENT" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities services or services access to the Premises, where (iii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) notice ("Abatement NoticeABATEMENT 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses and Real Property Taxes 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 for 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 effectively conducting its business hereintherein, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses Real Property Taxes for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses and Real Property Taxes allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, shall be payable by Tenant from the date Tenant reoccupies such portion of the PremisesMARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) or (iii) above, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease.17

Appears in 1 contract

Samples: Office Lease (Allos Therapeutics)

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using Notwithstanding anything to the contrary contained in this Lease, if Tenant's use of all or a material part of the Premises or is materially impaired due to any portion thereof, as a result of the causes identified in subparagraphs (i) through (v) below ("Eligible Causes") and such disruption materially interferes with the conduct of Tenant's business in the Premises for three (3) consecutive business days or twenty (20) days in any failure calendar year (such three (3) consecutive business day period or twenty (20) day period, as applicable, is referred to provide utilities herein as the "Eligibility Period"), as any such Eligibility Period may be extended due to Force Majeure Delays (as defined in Section 32.15 of this Lease), then Tenant shall be entitled to an equitable abatement of Monthly Basic Rent and additional rent under this Lease based upon the portion of the Premises affected thereby (provided that if the operation of Tenant's business from the remainder of the Premises not affected thereby is not reasonably practicable under the circumstances and Tenant in fact does not operate for business from the remainder of the Premises, all Monthly Basic Rent and additional rent under this Lease shall be subject to such abatement) from the commencement of the Eligibility Period until the applicable material impairment is cured. As used herein, "Eligible Causes" shall mean (i) an interruption of utility or mechanical services to the Premises, (ii) any repairan inability to access the Premises or parking areas within the Project which Tenant is entitled to use pursuant to this Lease unless resulting from governmental mandate, (iii) entry upon the Premises by Landlord or Landlord's employees, agents or contractors, (iv) repairs, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure other work required to provide access be made to the Premises whereor Building which are the responsibility of Landlord under this Lease or which otherwise are performed by or on behalf of Landlord, in each such caseand/or (v) Landlord's failure to conduct repairs, Tenant does not actually use maintenance or other work required to be made to the Premises or such portion thereof, and such event is caused Building which are the responsibility of Landlord under this Lease or which otherwise are performed by the negligence or willful misconduct on behalf of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee Any impairment of Landlord (of whom Tenant is notified) 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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 use of the Premises that resulting from acts or omissions of Tenant is prevented from using, and does or any of Tenant's Parties (as defined in Section 6.4 below) shall not use, bears to the total rentable area constitute Eligible Causes. The provisions of the Premises; providedthis Section 3.3 shall not, however, apply in the event that Tenant is prevented from using, and does not use, the Premises for of 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 effectively conducting its business herein, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation of the failure described in clauses (i), (ii) or (iii) above, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four (4) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion). Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be casualty governed by separate the provisions of this LeaseSection 18 below or in the event of a taking or condemnation governed by the provisions of Section 19 below.

Appears in 1 contract

Samples: Office Lease (Willdan Group, Inc.)

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities or services to the Premises, where (iii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by (A) the negligence or willful misconduct of Landlord, its agents, employees or contractors, or (B) Landlord’s exercise of its rights under Article 27 (other than pursuant to subsections (B) or (C) thereof). Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) 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 ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax 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 for 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 effectively conducting its business hereintherein, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and and/or Tax Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation restoration of the failure described in clauses (i), (ii) such utilities or (iii) aboveservices and Landlord provides substitute services reasonably suitable for Tenant’s purposes as reasonably determined by Landlord, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses. The term "Eligibility Period" shall mean a period of four five (45) consecutive business days after Landlord's ’s and Landlord's ’s mortgagee's ’s (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion)Notice. Such right to xxxxx Base Rent and Tenant's ’s Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses shall be Tenant's ’s sole remedy for an Abatement Event. This Section 6.5 shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease.

Appears in 1 contract

Samples: Lease (Maxlinear Inc)

Abatement. An "Abatement Event" shall be defined as an event that prevents Tenant from using the Premises or any portion thereof, as a result of (i) any failure to provide utilities services or services access to the Premises, where (iii) any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, and (iii) any failure to provide access to the Premises where, in each such case, Tenant does not actually use the Premises or such portion thereof, and (ii) such event is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall give Landlord and any mortgagee of Landlord (of whom Tenant is notified) 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 Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses and Real Property Taxes 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 for 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 effectively conducting its business hereintherein, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses Real Property Taxes for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses and Real Property Taxes allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Notwithstanding anything to the contrary contained herein, if Landlord is diligently pursuing the remediation repair of the failure described in clauses (i), (ii) such utilities or (iii) aboveservices and Landlord provides substitute services reasonably suitable for Tenant's purposes as reasonably determined by Landlord, for example bringing in portable air conditioning or heating equipment, then there shall be no abatement of Base Rent or and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expensesand Real Property Taxes. The term "Eligibility Period" shall mean a period of four five (45) consecutive business days after Landlord's and Landlord's mortgagee's (if applicable), receipt of the applicable Abatement Notice (provided that Landlord will be provided additional time as required to remedy such event so long as Landlord is diligently attempting to remedy such Abatement Event and pursues such remedy to completion)Notice. Such right to xxxxx Base Rent and Tenant's Share of Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses and Real Property Taxes shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event. This Section 6.5 Event and such abatement shall not apply in case of damage to, or destruction of, the Premises or the Building, or any eminent domain proceedings which shall be governed by separate provisions of this Lease.

Appears in 1 contract

Samples: Allos Therapeutics Inc

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