Material Interference. In the event that Tenant is prevented from using, and does not use, all of any portion of the Premises because of Material Interference (as defined below), Tenant shall immediately give Landlord written notice of same. Notwithstanding anything in this Lease to the contrary, if Tenant is prevented from using, and does not use, the Premises or any portion thereof for more than three (3) days after Landlord’s receipt of Tenant’s notice of Material Interference, Rent will be abated or reduced, as the case may be, starting on the fifth (5th) day after Landlord’s receipt of such notice until the Material Interference has ceased, 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. “Material Interference” means that Tenant is prevented from using, and does not use, the Premises or any portion thereof for the normal conduct of Tenant’s business as a result of (i) any repair, maintenance, or alteration performed by Landlord, or which Landlord fails to perform, after the Commencement Date, and which is required to be performed by Landlord under this Lease, or (ii) the presence of Hazardous Materials on the Property not caused by Tenant. Notwithstanding anything to the contrary contained herein, under no circumstances shall the term Material Interference include any event to the extent caused in whole or in part by Tenant or Tenant’s employees, agents, contractors, representatives, successors, assignees, subtenants, licensees or invitees. To the extent a Material Interference is caused by an event covered by Articles XII or XIII, Tenant’s right to ▇▇▇▇▇ rent shall be governed by the terms of such Articles, as applicable.
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Sources: Office Lease (Eargo, Inc.), Office Lease (Eargo, Inc.)