Abatement Procedures. In the event of a partial Taking as described in Section 15.5, the Lease shall not terminate, but the Base Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, taking into consideration, among other relevant factors, the number of usable rooms, the amount of square footage, or the revenues affected by such partial Taking. If Lessor and Lessee are unable to agree upon the amount of such abatement within thirty (30) days after such partial Taking, the matter may be submitted by either party to a court of competent jurisdiction for resolution.
Abatement Procedures. In the event of a partial Taking of the Leased Property as described in Section 15.5, the Lease shall not terminate with respect to the affected Leased Property, but the Base Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, taking into consideration, among other relevant factors, the number of usable rooms, the amount of square footage, or the revenues affected by such partial Taking. If Lessor and Lessee are unable to agree upon the amount of such abatement within 30 days after such partial Taking, the matter may be submitted by either party to arbitration pursuant to the arbitration procedures set forth in Article XXXIX.
Abatement Procedures. In the event Lessee is entitled to an abatement of Minimum Rent under Article XV (by reason of any Condemnation as provided thereunder), the Lease shall not terminate (except as provided in Article XV) but the Minimum Rent shall be abated in proportion to the reduced capacity of the Leased Property for the use made of the same by Lessee at the time of the Condemnation (i.e., the reduction in the number of residents the Leased Property can accommodate under standards existing immediately prior to the Condemnation). If Lessor and Lessee are unable to agree upon the amount of such abatement within thirty (30) days after any partial taking as provided under Article XV, the matter shall be submitted by either party to a court of competent jurisdiction for resolution, but Lessee during such resolution shall continue to perform its obligations hereunder, including, but not limited to, payment of that portion of the Minimum Rent which is not then in dispute.
Abatement Procedures. In the event of a partial taking or temporary taking, which taking does not render the Leased Property Unsuitable for its Primary Intended Use, this Lease shall not terminate, but the Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Tenant and Landlord. If Landlord and Tenant are unable to agree upon the amount of such abatement within thirty (30) days after such taking, the matter may be submitted by either party to a court of competent jurisdiction for resolution. Pending such resolution, Tenant shall remain bound to pay Rent based upon the amounts asserted by Landlord to be due and payable, provided Landlord shall remain liable for the repayment to Tenant of amounts ultimately determined to be overpaid to Landlord.
Abatement Procedures. In the event Lessee is entitled to an abatement of Minimum Rent under Article XV (by reason of any Condemnation as provided thereunder), the Lease shall not terminate (except as provided in Article XV) but the Minimum Rent shall be abated in proportion to the reduced capacity of the Leased Property for the use made of the same by Lessee at the time of the Condemnation. If Lessor and Lessee are unable to agree upon the amount of such abatement within thirty (30) days after any partial taking as provided under Article XV, the matter shall be submitted by either party to a court of competent jurisdiction for resolution, but Lessee during such resolution shall continue to perform its obligations hereunder, including, without limitation, payment of that portion of the Minimum Rent which is not then in dispute.
Abatement Procedures. In the event of a Partial Taking as described in Section 15.5 and/or a Temporary Taking as described in Section 15.6, the Lease shall not terminate, but the Base Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, taking into consideration, among other relevant factors, the number of usable rooms, the amount of square footage, or the revenues affected by such Partial Taking and/or a Temporary Taking and the allocation to the parties of any Award. If Lessor and Lessee are unable to agree upon the amount of such abatement within 30 days after such Partial Taking and/or Temporary Taking, the matter may be submitted by either party to arbitration in accordance with the provisions of Section 42 hereof for resolution.
Abatement Procedures. In the event Lessee is entitled to an abatement of Minimum Rent under Paragraph 15.3 (by reason of a total Condemnation of the Facility), the Minimum Rent shall be abated as provided in Paragraph 15.3. In the event Lessee is entitled to an abatement of Minimum Rent under Paragraph 15.5 (by reason of any partial Condemnation of the Facility as provided hereunder), the Lease shall not terminate but the Minimum Rent shall be abated in proportion to the reduced capacity of the Leased Property for the use made of the same by Lessee at the time of the Condemnation (I.E., the reduction in the number of residents the Leased Property can accommodate under standards existing immediately prior to the Condemnation). If Lessor and Lessee are unable to agree upon the amount of such abatement within thirty (30) days after any partial taking as provided under Article XV, the matter shall be submitted by either party to a court of competent jurisdiction for resolution, but Lessee during such resolution shall continue to perform its obligations hereunder, including, but not limited to, payment of that portion of the Minimum Rent which is not then in dispute.
Abatement Procedures. In the event of a partial taking by Condemnation of any Facility as described in Section 15.1.2, which taking by Condemnation does not render the Leased Property of such Facility Unsuitable for its Primary Intended Use, this Lease shall not terminate with respect to the Leased Property of such Facility, but the monthly Allocated Minimum Rent and Additional Rent for such Facility shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, primarily taking into consideration, along with other relevant factors, the number of usable beds affected by such partial taking by Condemnation. If Lxxxxx and Lxxxxx are unable to agree upon the amount of such abatement within sixty (60) days after such partial taking by Condemnation, either party may submit the matter to arbitration as provided in Article XLIV below.
Abatement Procedures. In the event of a partial Taking as described in SECTION 14.5, the Lease shall not terminate, but the Base Rent shall be abated in the manner and to the extent that is fair, just and equitable to both Lessee and Lessor, taking into consideration, among other relevant factors, the number of usable rooms, the amount of square footage, or the revenues affected by such partial Taking. If Lessor and Lessee are unable to agree upon the amount of such abatement within thirty (30) days after such partial Taking, the matter may be submitted by either party to a court of competent jurisdiction for resolution.
Abatement Procedures. In the event of a partial Condemnation as described in Section 11.2, this Lease shall not terminate, but the Minimum Rent shall be abated and Base Net Patient Revenues shall be reduced in the manner and to the extent that is fair, just and equitable to both Tenant and Landlord, taking into consideration, among other relevant factors, the number of usable beds, the amount of square footage, or the revenues affected by such partial or temporary taking or damage or destruction. If Landlord and Tenant are unable to agree upon the amount of such abatement within thirty (30) days after such Condemnation or damage, the matter may be submitted by either party to a court of competent jurisdiction for resolution or, if the parties so agree, the matter may be submitted by the parties for resolution by arbitration in accordance with the rules of the American Arbitration Association.
