Exception to Abatement Sample Clauses

Exception to Abatement. Monthly Rent shall not be abated or ------------------------ reduced if: (a) the Premises or a portion thereof are rendered untenantable due to damage or loss of access for a period of five (5) consecutive days or less; or (b) Landlord provides other space in the Building reasonably suited for the temporary conduct of Tenant's business (but Landlord shall have no obligation to provide such other space); or (c) because of acts or omissions of Tenant or Tenant's Affiliates either (i) Landlord (or any Landlord's Mortgagee) is unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises or the Building, or (ii) the Premises or the Building was damaged or destroyed or rendered completely or partially untenantable. The collection of rent by Landlord under the circumstances described in clause (c) above shall not preclude Landlord from seeking damages from Tenant or exercising any other rights and remedies it may have under this Lease or at law or in equity.
Sample 1
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Exception to Abatement. Tenant shall not receive any abatement or reduction of Base Rent or Additional Rent if: (a) Landlord provides other comparable space in the Unit reasonably suited for the temporary conduct of Tenant's business within 3 Business Days of the date of such fire or casualty, Tenant has reasonable access to such substitute space, and Landlord reimburses Tenant for its actual out-of-pocket expenses incurred in connection with any such relocation (but Landlord shall have no obligation to provide such other space); or (b) by reason of some act or omission on the part of Tenant, its subtenant or assignee, or its or their partners, directors, officers, employees, agents, invitees or contractors, Landlord (or the Board of Managers or any Senior Interest Holder) is unable to collect substantially all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises, the Unit or the Building, as the case may be, arising out of such fire or other casualty. The collection of rent by Landlord under the circumstances described in clause (b) of this Section 9.3 shall not preclude Landlord from seeking damages from Tenant or exercising other remedies it may have under this Lease, under Law or in equity.
Sample 1
Exception to Abatement. Monthly Rent shall not be abated or reduced (a) if the Premises or a portion thereof are rendered un-tenantable due to damage or loss of access for a period of five (5) consecutive days or less or (b) if and to the extent that because of acts or omissions of Tenant or Tenant's Affiliates either (i) Landlord (or any Landlord's Mortgagee) is unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises or the Building, or (ii) the Premises or the Building was damaged or destroyed or rendered completely or partially un-tenantable. The collection of rent by Landlord under the circumstances described in clause (b) above shall not subject to Section 13.3(c) preclude Landlord from seeking damages from Tenant or exercising any other rights and remedies it may have under this Lease or at law or in equity.
Sample 1
Exception to Abatement. Monthly Basic Rent shall not be abated or reduced if: (a) the Premises or a portion thereof are rendered untenantable for a period of five (5) consecutive days or less; or (b) because of acts or omissions of Tenant or Tenant's Affiliates either (i) Landlord (or any mortgagee of the Building) is unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises or the Building, or (ii) the Premises or the Building was damaged or destroyed or rendered completely or partially untenantable. The collection of Rent by Landlord under the circumstances described in clause (b) above shall not preclude Landlord from seeking damages from Tenant or exercising any other rights and remedies it may have under this Lease or at law or in equity.
Sample 1
Exception to Abatement. Tenant shall not receive any abatement or reduction of Base Rent if (a) the Premises are untenantable due to damage or loss of access for less than five days and the loss of Base Rent is not covered by Landlord's rental loss insurance; (b) Landlord provides other space in the Building reasonably suited for the temporary conduct of Tenant's business (but Landlord shall have no obligation to provide such other space); or (c) by reason of some act or omission on the part of Tenant, its subtenant or assignee, or its or their partners, directors, officers, servants, employees, agents or contractors, either (i) Landlord is unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises or the Building, or (ii) the loss of Base Rent is not covered by Landlord's rental loss insurance. The collection of rent by Landlord under the circumstances described in clause (c) shall not preclude Landlord from seeking damages from Tenant or exercising other remedies it may have under this Lease or under law.
Sample 1
Exception to Abatement. Subtenant shall not receive any abatement or reduction of Basic Rent if the Premises are untenantable due to damage or loss of access for a period of four (4) business days, or if by reason of some act or omission on the part of Subtenant, its subtenant or assignee, or its or their partners, directors, officers, servants, employees, agents or contractors, either: (i) Sublandlord (or any successor in interest to Sublandlord) is unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises or the Building by fire or other casualty; or (ii) the Premises or the Building was damaged or destroyed or rendered completely or partially untenantable due to fire or other casualty and the loss of Basic Rent is not covered by Sublandlord's rental loss insurance. Collection of rent by Sublandlord under the circumstances described in Section 13.3 shall not preclude Sublandlord from seeking damages from Subtenant or exercising other remedies it may have under this Sublease or under law.
Sample 1
Exception to Abatement. Tenant shall not receive any abatement or reduction of Base Rent or Additional Rent if: (a) the Premises are untenantable due to damage or loss of access for a period of five (5) Business Days or less; (b) Landlord provides other space in the Building reasonably suited for the temporary conduct of Tenant's business (but Landlord shall have no obligation to provide such other space); or (c) by reason of an act or omission on the part of Tenant, its subtenant or assignee, or its or their partners, directors, officers, employees, agents, invitees or contractors, Landlord (or any Senior Interest Holder) is unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises or the Building, as the case may be, arising out of such fire or other casualty. The collection of rent by Landlord under the circumstances described in clause (c) of this Section 13.3 shall not preclude Landlord from seeking damages from Tenant or exercising other remedies it may have under this Lease, under applicable law or in equity.
Sample 1
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Exception to Abatement. Subtenant shall not receive any abatement or reduction of Basic Rent if by reason of some act or omission on the part of Subtenant, its subtenant or assignee, or its or their partners, directors, officers, servants, employees, agents or contractors, either: (a) Sublandlord (or any successor in interest to Sublandlord) is unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) for damage or destruction of the Premises or the Building by fire or other casualty; or (b) the Premises or the Building was damaged or destroyed or rendered completely or partially untenantable due to fire or other casualty and the loss of Basic Rent is not covered by Sublandlord's rental loss insurance. Collection of rent by Sublandlord under the circumstances described in Section 13.3 shall not preclude Sublandlord from seeking damages from Subtenant or exercising other remedies it may have under this Sublease or under law.
Sample 1
Exception to Abatement. Tenant shall not receive any abatement or reduction of Rents if: (a) the Demised Premises are untenantable due to damage or loss of access for a period of three (3) consecutive business days or less; or (b) by reason of some grossly negligent act or omission on the part of the Tenant its subtenant or assignee, or its or their partners, directors, officers, servants, employees, agents or contractors, either: (i) Landlord (or any successor in interest to Landlord) is unable to collect all of the insurance proceeds (including, without limitation, any rent insurance proceeds, if either Landlord or Tenant shall maintain rent insurance) for damage or destruction of the Demised Premises or the Building, by fire or other casualty. Collection of any rent by Landlord under the circumstances described in (c) of this Section shall not preclude Landlord from seeking damages from Tenant or exercising other remedies it may under this Lease or under law.
Sample 1

Related to Exception to Abatement

  • No Abatement Except as provided herein, Landlord shall have no liability to Tenant, nor shall Tenant's covenants and obligations under this Lease, including without limitation, Tenant's obligation to pay Annual Basic Rent and Additional Rent, be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted to make pursuant to the terms of this Lease or by any other tenant's lease or are required by law to be made in and to any portion of the Leased Premises or the Building. Landlord shall, nevertheless, use reasonable efforts to minimize any interference with Tenant's business in the Leased Premises.

  • Exception to Assignments I understand that the provisions of this Agreement requiring assignment of Inventions to the Company do not apply to any invention which qualifies fully under the provisions of California Labor Code Section 2870 (attached hereto as Exhibit B). I will advise the Company promptly in writing of any inventions that I believe meet the criteria in California Labor Code Section 2870 and not otherwise disclosed on Exhibit A.

  • Materiality Of Application To Rent All representations made by Xxxxxx(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

  • Landlord’s Option to Repair Notwithstanding the terms of Section 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, in which event this Lease shall terminate, by notifying Tenant in writing of such termination within sixty (60) days after the date of discovery of the damage, such notice will include a termination date giving Tenant sixty (60) days to vacate the Premises, but this Lease may be so terminated Landlord may so elect only if the Building or Project shall be damaged by fire or other casualty or cause, whether or not the Premises are affected, and one or more of the following conditions is present: (i) in Landlord’s reasonable judgment, repairs cannot reasonably be completed within one hundred eighty (180) days after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums); (ii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall terminate the ground lease, as the case may be; (iii) the damage is not fully covered by Landlord’s insurance policies or that portion of the proceeds from Landlord’s insurance policies allocable to the Building or the Project, as the case may be; (iv) Landlord decides to rebuild the Building or Common Areas so that they will be substantially different structurally or architecturally; (v) the damage occurs during the last twelve (12) months of the Lease Term; or (vi) any owner of any other portion of the Project, other than Landlord, does not intend to repair the damage to such portion of the Project; provided, however, that if such fire or other casualty shall have damaged the Premises or a portion thereof or Common Areas necessary to Tenant’s occupancy and as a result of such damage the Premises are unfit for occupancy, and provided that Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, and either (a) the repairs cannot, in the reasonable opinion of Landlord’s contractor, be completed within two hundred seventy (270) days after being commenced, or (b) the damage occurs during the last twelve months of the Lease Term and will reasonably require in excess of ninety (90) days to repair, Tenant may elect, no earlier than sixty (60) days after the date of the damage and not later than ninety (90) days after the date of such damage, to terminate this Lease by written notice to Landlord effective as of the date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant.

  • No Abatement of Rent This Agreement shall remain in full force and effect and Tenant’s obligation to make all payments of Rent and to pay all other charges as and when required under this Agreement shall remain unabated during the Term notwithstanding any damage involving the Leased Property, or any portion thereof (provided that Landlord shall credit against such payments any amounts paid to Landlord as a consequence of such damage under any business interruption insurance obtained by Tenant hereunder). The provisions of this Article 10 shall be considered an express agreement governing any cause of damage or destruction to the Leased Property, or any portion thereof, and, to the maximum extent permitted by law, no local or State statute, laws, rules, regulation or ordinance in effect during the Term which provide for such a contingency shall have any application in such case.

  • Option to Lease The Receiver hereby grants to the Assuming Institution an exclusive option for the period of ninety (90) days commencing the day after Bank Closing to cause the Receiver to assign to the Assuming Institution any or all leases for leased Bank Premises, if any, which have been continuously occupied by the Assuming Institution from Bank Closing to the date it elects to accept an assignment of the leases with respect thereto to the extent such leases can be assigned; provided, that the exercise of this option with respect to any lease must be as to all premises or other property subject to the lease. If an assignment cannot be made of any such leases, the Receiver may, in its discretion, enter into subleases with the Assuming Institution containing the same terms and conditions provided under such existing leases for such leased Bank Premises or other property. The Assuming Institution shall give notice to the Receiver within the option period of its election to accept or not to accept an assignment of any or all leases (or enter into subleases or new leases in lieu thereof). The Assuming Institution agrees to assume all leases assigned (or enter into subleases or new leases in lieu thereof) pursuant to this Section 4.6. If the Assuming Institution gives notice of its election not to accept an assignment of a lease for one or more of the leased Bank Premises within seven (7) days of Bank Closing, then, not withstanding any other provision of this Agreement to the contrary, the Assuming Institution shall not be liable for any of the costs or fees associated with appraisals for the Fixtures, Furniture and Equipment located on such leased Bank Premises.

  • Application to all Forms of Relief This Waiver and Release of Claims applies to any relief no matter how called, including, without limitation, wages, back pay, front pay, compensatory damages, liquidated damages, punitive damages for pain or suffering, costs and attorney’s fees and expenses.

  • Abatement In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired, but not to exceed the proceeds received from the Rental Value insurance. All other obligations of Lessee hereunder shall be performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, repair or restoration except as provided herein.

  • Landlord's Responsibility During the term of this Lease, Landlord shall maintain in good condition and repair, and replace as necessary, the roof, exterior walls, foundation and structural frame of the Building and the parking and landscaped areas, the costs of which shall be included in Operating Expenses; provided, however, that to the extent any of the foregoing items require repair because of the negligence, misuse, or default of Tenant, its employees, agents, customers or invitees, Landlord shall make such repairs solely at Tenant's expense.

  • Tenant’s Right to Audit During the sixty (60)-day period after receipt of any Landlord’s Statement (the “Review Period”), Tenant may, upon prior notice to Landlord, inspect and audit Landlord’s records relevant to the cost and expense items reflected in such Landlord’s Statement at a reasonable time mutually agreeable to Landlord and Tenant during Landlord’s usual business hours at the management office where such records are maintained. Tenant shall be entitled to retain an independent company or certified public accountant to review Landlord’s relevant records to determine if the proper amount of Additional Rent was charged to Tenant for such period, provided that such company or accountant must be employed on a regular fee for services basis and not a contingent fee basis. Each Landlord’s Table of Contents Statement shall be conclusive and binding upon Tenant unless within sixty (60) days after receipt of such Landlord’s Statement Tenant shall have completed such inspection and audit and shall notify Landlord that it disputes the correctness of Landlord’s Statement, specifying the respects in which Landlord’s Statement is claimed to be incorrect. If such audit or review reveals that Landlord has overcharged Tenant, then within fifteen (15) days after the results of such audit are made available to Landlord, Landlord shall reimburse Tenant the amount of such overcharge. If the audit reveals that Tenant was undercharged, then within fifteen (15) days after the results of the audit are made available to Tenant, Tenant shall reimburse Landlord the amount of such undercharge. If Landlord desires to contest such audit results, Landlord may do so by submitting the results of the audit to arbitration pursuant to Section 13.9 of the Lease within sixty (60) days of receipt of the results of the audit, and the arbitration shall be final and binding upon Landlord and Tenant. Tenant agrees to pay the cost of such audit, provided that, if the audit reveals that Landlord’s determination of such Additional Rent as set forth in any statement sent to Tenant was in error in Landlord’s favor by more than five percent (5%), Landlord shall pay the reasonable cost of such audit. Pending the determination of such dispute as hereinafter provided, Tenant shall pay Additional Rent in accordance with the applicable Landlord’s Statement, and such payment shall be without prejudice to Tenant’s position. All inspections and audits of Landlord’s books and records and any arbitration shall be subject to a confidentiality agreement reasonably acceptable to Landlord.

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