Common use of Rental Abatement Clause in Contracts

Rental Abatement. Except to the extent of (a) amounts held by the Trustee in the Base Rental Payment Fund or the Reserve Fund, (b) amounts received in respect of use and occupancy insurance, and (c) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificates, during any period in which, by reason of material damage, destruction, title defect or condemnation there is substantial interference with the use and possession by the City of any portion of the Leased Property, rental payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental Payments, in which case rental payments shall be abated only by an amount equal to the difference. The City shall notify the Trustee in writing of the amount of any such abatement. The City shall calculate the remaining fair rental value. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 hereof, for purposes of determining the fair rental value available to pay Base Rental Payments, fair rental value of the Leased Property shall first be allocated to this Sublease as provided in clause (d) of Section 2.04 hereof. Any abatement of rental payments pursuant to this Section shall not be considered an event of default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease by virtue of any such interference and this Sublease shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insurance, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased Property.

Rental Abatement. Except to the extent of (a) amounts held by the Trustee in the Base Rental Payment Debt Service Fund or the Reserve Fund, (b) amounts received in respect of use and occupancy insurance, and (c) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificatesthe Bonds, during any period in which, by reason of material damage, destruction, title defect or condemnation there is substantial interference with the use and possession by the City of any portion of the Leased Property, rental payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental Payments and Additional Payments, in which case rental payments shall be abated only by an amount equal to the difference. The City shall notify the Trustee in writing of the amount of any such abatement. The City shall calculate the remaining fair rental value. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 hereof, for purposes of determining the annual fair rental value available to pay Base Rental Payments and Additional Payments, annual fair rental value of the Leased Property shall first be allocated to this Sublease Lease Agreement as provided in clause (d) of Section 2.04 hereof. Any abatement of rental payments pursuant to this Section shall not be considered an event of default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease Lease Agreement by virtue of any such interference and this Sublease Lease Agreement shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insuranceNet Proceeds, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased Property.

Rental Abatement. Except to the extent of (a) amounts held by the Trustee in the Base Rental Payment Fund or the Reserve Revenue Fund, (b) amounts received in respect of use and occupancy rental interruption insurance, and (c) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificatesthe Bonds, during any period in which, by reason of material damage, destruction, title defect defect, or condemnation condemnation, there is substantial interference with the use and possession by the City of any portion of the Leased Property, rental payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental Payments, in which case rental payments shall be abated only by an amount equal to the difference. The City shall notify the Trustee in writing of the amount of any such abatement. The City shall calculate the remaining fair rental value. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 hereof, for purposes of determining the annual fair rental value available to pay Base Rental Payments, annual fair rental value of the Leased Property shall first be allocated to this Sublease Facility Lease as provided in clause (d) of Section 2.04 hereof. Any abatement of rental payments pursuant to this Section shall not be considered an event Event of default Default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease Facility Lease by virtue of any such interference and this Sublease Facility Lease shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insurance, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased Property.

Rental Abatement. (a) Except to the extent of (ai) amounts held by the Trustee in the Base Rental Payment Fund Interest Account or Principal Account of the Reserve Revenue Fund, (bii) amounts received in respect of use and occupancy insurance, and (ciii) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificatesthe Bonds, during any period in which, by reason of material damage, destruction, title defect or condemnation condemnation, there is substantial interference with the use and possession occupancy by the City of any portion of the Leased Property, rental payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental PaymentsPayments and Additional Rental, in which case rental payments shall be abated only by an amount equal to the difference. The City shall notify In the Trustee in writing case of abatement relating to the Leased Property, the amount of annual rental abatement shall be such that the resulting Base Rental Payments in any Lease Year during which such abatement. The City shall calculate interference continues, excluding any amounts described in clauses (i), (ii), (iii) above, do not exceed the remaining annual fair rental valuevalue for each Lease Year of the portions of the Leased Property with respect to which there has not been substantial interference, as evidenced by a certificate of an Authorized Representative of the City. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the restoration of the Leased Property or portion thereof to tenantable condition or correction of title defect or substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 3.04(b) hereof, for purposes of determining the annual fair rental value available to pay Base Rental PaymentsPayments and Additional Rental, annual fair rental value of the Leased Property shall first be allocated to this Sublease Lease as provided in clause (div) of Section 2.04 3.04(b) hereof. Any abatement of rental payments pursuant to this Section shall not be considered an event of default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease by virtue of any such interference and this Sublease shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insurance, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased Property.

Rental Abatement. Except to the extent of (a) amounts held by the Trustee in the Base Rental Payment Fund or the Reserve Debt Service Fund, (b) amounts received in respect of use and occupancy insurance, and (c) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificatesthe Note, the Note Purchase Agreement or for other Additional Payments, during any period in which, by reason of material damage, destruction, title defect or condemnation there is substantial interference with the use and possession by the City of any portion of the Leased Property, rental payments Rental Payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental Payments and Additional Payments, in which case rental payments Rental Payments shall be abated only by an amount equal to the difference. The City shall notify difference between the Trustee in writing annual fair rental value of the Leased Property and the amount of any such abatement. The City shall calculate the remaining fair rental valueRental Payments. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 hereof, for purposes of determining the annual fair rental value available to pay Base Rental Payments, annual fair rental value of the Leased Property shall first be allocated to this Sublease Lease Agreement as provided in clause subsection (d) of Section 2.04 hereof. Any abatement of rental payments Rental Payments pursuant to this Section shall not be considered an event of default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease Lease Agreement by virtue of any such interference and this Sublease Lease Agreement shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is Rental Payments are abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insuranceNet Proceeds, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased Property.

Rental Abatement. (a) Except to the extent of (ai) amounts held by the Trustee in the Base Rental Payment Fund Interest Account, or Principal Account of the Reserve Revenue Fund, (bii) amounts received in respect of use and occupancy insurance, and (ciii) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificatesthe Bonds, during any period in which, by reason of material damage, destruction, title defect or condemnation condemnation, there is substantial interference with the use and possession occupancy by the City of any portion of the Leased Property, rental payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental PaymentsPayments and Additional Rental, in which case rental payments shall be abated only by an amount equal to the difference. The City shall notify In the Trustee in writing case of abatement relating to the Leased Property, the amount of annual rental abatement shall be such that the resulting Base Rental Payments in any Lease Year during which such abatement. The City shall calculate interference continues, excluding any amounts described in clauses (i), (ii), (iii) above, do not exceed the remaining annual fair rental valuevalue for each Lease Year of the portions of the Leased Property with respect to which there has not been substantial interference, as evidenced by a certificate of an Authorized Representative of the City. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the restoration of the Leased Property or portion thereof to tenantable condition or correction of title defect or substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 3.04(b) hereof, for purposes of determining the annual fair rental value available to pay Base Rental PaymentsPayments and Additional Rental, annual fair rental value of the Leased Property shall first be allocated to this Sublease Facility Lease as provided in clause (div) of Section 2.04 3.04(b) hereof. Any abatement of rental payments pursuant to this Section shall not be considered an event of default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease by virtue of any such interference and this Sublease shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insurance, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased Property.

Rental Abatement. (a) Except to the extent of (ai) amounts held by the Trustee in the Base Rental Payment Interest Account, Principal Account or Reserve Fund or of the Reserve Revenue Fund, (bii) amounts received in respect of use and occupancy insurance, and (ciii) amounts, if any, otherwise legally available to the Trustee for payments in respect of any Certificatesthe Bonds, during any period in which, by reason of material damage, destruction, title defect or condemnation condemnation, there is substantial interference with the use and possession occupancy by the City of any portion of the Leased Property, rental payments due hereunder with respect to the Leased Property shall be abated to the extent that the annual fair rental value of the portion of the Leased Property in respect of which there is no substantial interference is less than the annual Base Rental PaymentsPayments and Additional Rental, in which case rental payments shall be abated only by an amount equal to the difference. The City shall notify In the Trustee in writing case of abatement relating to the Leased Property, the amount of annual rental abatement shall be such that the resulting Base Rental Payments in any Lease Year during which such abatement. The City shall calculate interference continues, excluding any amounts described in clauses (i), (ii), (iii) above, do not exceed the remaining annual fair rental valuevalue for each Lease Year of the portions of the Leased Property with respect to which there has not been substantial interference, as evidenced by a certificate of an Authorized Representative of the City. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the restoration of the Leased Property or portion thereof to tenantable condition or correction of title defect or substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event the City shall assign, transfer or sublease any or all of the Leased Property or other rights hereunder, as permitted by Section 2.04 3.04(b) hereof, for purposes of determining the annual fair rental value available to pay Base Rental PaymentsPayments and Additional Rental, annual fair rental value of the Leased Property shall first be allocated to this Sublease Lease as provided in clause (div) of Section 2.04 3.04(b) hereof. Any abatement of rental payments pursuant to this Section shall not be considered an event of default as defined in Article X hereof. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Sublease by virtue of any such interference and this Sublease shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. In the event that rental is abated, in whole or in part, pursuant to this Section due to damage, destruction, title defect or condemnation of any part of the Leased Property and the City is unable to repair, replace or rebuild the Leased Property from the proceeds of insurance, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate state and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Leased Property.