Common use of Abatement of Base Rent Clause in Contracts

Abatement of Base Rent. Notwithstanding anything to the contrary contained in Section 3.1 above or Article 4 below, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the following (collectively, the “Abated Rent”): (i) the monthly installments of Base Rent otherwise payable with respect to the entire initial Premises described in Section 6.2 of the Summary for the second (2nd) through eleventh (11th) months of the initial Lease Term; and (ii) the portion of the monthly installments of Base Rent otherwise payable with respect to 5,000 rentable square feet of such initial Premises for the twelfth (12th) through seventeenth (17th) months of the initial Lease Term. Notwithstanding the foregoing to the contrary, if as of the first (1st) day of such applicable month scheduled for abatement, Tenant is in monetary or material non-monetary default under this Lease, the monthly Base Rent abatement for such applicable month shall be suspended until such default is cured by Tenant (with the amount of such suspended Abated Rent to be credited toward the next monthly installment of Base Rent due under this Lease for the first (1st) month immediately following such cure that Tenant is not in monetary or material non-monetary default under this Lease). During such abatement periods, Tenant shall remain responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 below, then as a part of the recovery set forth in Article 19, Landlord shall be entitled to the recovery of the unamortized balance of the Abated Rent. For purposes of this Section 3.2, the Abated Rent shall be amortized on a straight-line basis over the scheduled 6-year initial Lease Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of such initial Lease Term as of the date of such early termination.

Abatement of Base Rent. Notwithstanding anything Subject to the contrary contained in terms of this Section 3.1 above or Article 4 below4.3, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the following (collectively, the “Abated Rent”): (i) the monthly installments of Base Rent otherwise payable with respect to the entire initial Premises described in Section 6.2 of the Summary for the second (2nd) through eleventh (11th) months of the initial Lease Term; and (ii) the portion of the monthly installments of Base Rent otherwise payable with respect to 5,000 rentable square feet of such initial Premises for the twelfth (12th) through seventeenth (17th) months of the initial Lease Term. Notwithstanding the foregoing to the contrary, if as of during the first (1st) day and second (2nd) full calendar months of such applicable month scheduled the Fourth Expansion Term (the "Rent Abatement Period"), Tenant's obligation to pay Base Rent for abatementthe Fourth Expansion Premises shall be abated (the "Rent Abatement"). In no event shall the aggregate amount of the Rent Exhibit 10.1 Abatement exceed One Hundred Thousand Nine Hundred Thirty-Eight and 50/100 Dollars ($100,938.50). The foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Fourth Amendment and for agreeing to pay the Rent and perform the terms and conditions otherwise required under the Lease, as amended. If (i) Tenant is shall be in monetary or material non-monetary default under this Lease, the monthly Base Rent abatement for Lease (as hereby amended) and shall fail to cure such applicable month shall be suspended until such default is cured by Tenant (with the amount of such suspended Abated Rent to be credited toward the next monthly installment of Base Rent due under this Lease for the first (1st) month immediately following such cure that Tenant is not in monetary or material non-monetary default under this Lease). During such abatement periodswithin the notice and cure period, Tenant shall remain responsible if any, permitted for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease cure pursuant to the provisions of Article 19 belowLease (as hereby amended), then as a part the dollar amount of the recovery set forth in Article 19, Landlord shall be entitled to the recovery unapplied portion of the unamortized balance of the Abated Rent. For purposes of this Section 3.2, the Abated Rent shall be amortized on a straight-line basis over the scheduled 6-year initial Lease Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of such initial Lease Term Abatement as of the date of such early terminationmonetary default shall be converted to a credit to be applied to the Base Rent applicable at the end of the Fourth Expansion Term and Tenant shall no longer have the right to xxxxx Base Rent for the Fourth Expansion Premises during the remainder of the Base Rent Abatement Period; provided, however, if Tenant cures such monetary default and this Lease remains in full force and effect, then such credit shall then be applied commencing on the cure of such monetary default, or (ii) if the Lease (as hereby amended) is terminated for any reason other than Landlord’s breach of the Lease, or an event of casualty or condemnation, then for purposes of calculating Landlord's damages, if any, under Section 1951.2 of the California Civil Code, the dollar amount of the unapplied portion of the Rent Abatement as of such termination shall be converted to a credit to be applied to the Base Rent applicable at the end of the Fourth Expansion Term and Tenant shall no longer have the right to xxxxx Base Rent for the Fourth Expansion Premises during the remainder of the Rent Abatement Period.

Abatement of Base Rent. Notwithstanding anything any provision to the contrary contained in Section 3.1 above or Article 4 belowset forth herein, Landlord hereby agrees Tenant shall be entitled to xxxxx Tenant’s obligation to pay the following (collectively, the “Abated Rent”): (i) the monthly installments an abatement of Base Rent otherwise payable with respect to the entire initial Premises described in Section 6.2 of the Summary due for the second Premises during the first five (2nd5) through eleventh (11th) full calendar months of the initial Lease Term; and Renewal Term (ii) the portion of the monthly installments i.e., February 2016 through June 2016). The period during which Tenant Is entitled to an abatement of Base Rent otherwise payable with respect to 5,000 rentable square feet of such initial Premises for the twelfth (12th) through seventeenth (17th) months of the initial Lease Term. Notwithstanding the foregoing pursuant to the contraryterms of this Section 4.2 shall be referred to herein as the "Base Rent Abatement Period", if The Base Rent abated under this Section 4,2 shall be referred to herein as of the first "Abatement Amount." Landlord and Tenant acknowledge that Tenant's right (1stthe "Base Rent Abatement Right") day of such applicable month scheduled for to receive Base Rent abatement, as set forth above, during the Base Rent Abatement Period has been granted to Tenant is in as additional consideration for Tenant's agreement to enter Into this Third Amendment and comply with the terms and conditions otherwise required under the Lease, as amended. If Tenant shall be In monetary or material non-monetary default under this the Lease, as amended, beyond any applicable notice and cure period, and shall fall to cure such default within the lime, if any, provided for cure pursuant to the Lease, as amended, or if the Lease Is terminated for any reason other than In connection with a Landlord default, casualty or condemnation, then, In addition to any other remedies Landlord may have under the Lease, as amended, Landlord, may elect to have the entire unexpired portion of the Base Rent Abatement Period as of such default be moved to the end of the Renewal Term, and Tenant shall immediately be obligated to pay Base Rent at the full amounts of the monthly installments therefor set forth In Section 41,, above. The Base Rent abatement for such applicable month Abatement Right set forth In this Section 4.2 shall be suspended until such default is cured by personal to the originally named Tenant (with the amount of such suspended Abated Rent to be credited toward the next monthly installment of Base Rent due under this Lease for Third Amendment (the first "Original Tenant") and a Permitted Assignee (1stdefined below) month immediately following such cure that Tenant is and shall not in monetary inure to the benefit of any other assignee, sublessee or material non-monetary default under this Lease). During such abatement periods, Tenant shall remain responsible for other transferee of the payment of all of its other monetary obligations under this Lease. Original Tenant's interest In the event of Lease, as amended. A "Permitted Assignee" shall mean a default by Tenant under person or entity to whom the Lease Is assigned pursuant to the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 below, then as a part of the recovery set forth in Article 19, Landlord shall be entitled to the recovery of the unamortized balance of the Abated Rent. For purposes of this Section 3.2, the Abated Rent shall be amortized on a straight-line basis over the scheduled 6-year initial Lease Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of such initial Lease Term as of the date of such early terminationLease.

Abatement of Base Rent. Notwithstanding anything Section 3 above to the contrary contained in Section 3.1 above or Article 4 belowcontrary, and provided that Tenant faithfully performs all of the material terms and conditions of the Lease (as amended hereby), (i) Landlord hereby agrees to shall xxxxx Tenant’s obligation to pay the following (collectively, the “Abated Rent”): (i) the monthly installments of Base Rent otherwise payable with respect to the entire initial Premises described in Section 6.2 of the Summary by Tenant for the second 560 Expansion Space (2ndthe “560 Abated Rent”) through eleventh for the first six (11th6) months of the initial Lease 560 Expansion Space Term; , and (ii) the portion of Landlord shall xxxxx Tenant’s obligation to pay the monthly installments of Base Rent otherwise payable with respect to 5,000 rentable square feet of such initial Premises by Tenant for the twelfth 180 Expansion Space (12ththe “180 Abated Rent”) through seventeenth for the first six (17th6) months of the initial Lease 180 Expansion Space Term. Notwithstanding the foregoing to the contrary, if as of the first (1st) day of such applicable month scheduled for abatement, Tenant is in monetary or material non-monetary default under this Lease, the monthly Base Rent abatement for such applicable month shall be suspended until such default is cured by Tenant (with the amount of such suspended Abated Rent to be credited toward the next monthly installment of Base Rent due under this Lease for the first (1st) month immediately following such cure that Tenant is not in monetary or material non-monetary default under this Lease). During such abatement periods, Tenant shall remain responsible for the payment of all of its other monetary obligations under this Leasethe Lease (as amended hereby). In the event of a default by Tenant under the terms of this the Lease (as amended hereby) beyond all applicable notice and cure periods that results in the early termination of this Lease Tenant’s interest therein pursuant to the provisions of Article 19 below24 of the Original Lease, then as a part of the recovery set forth in Article 19therein, Landlord shall be entitled to the recovery of the unamortized balance of the 560 Abated Rent and 180 Abated Rent. For purposes of this Section 3.24, the (A) 560 Abated Rent shall be amortized on a straight-line basis over the scheduled 6-year initial Lease 560 Expansion Space Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of the 560 Expansion Space Term as of the date of such initial Lease early termination, and (B) 180 Abated Rent shall be amortized on a straight-line basis over the 180 Expansion Space Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of the 180 Expansion Space Term as of the date of such early termination.

Abatement of Base Rent. Notwithstanding anything to the contrary contained in herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, but subject to the provisions of Section 3.1 above or Article 4 below1.4.2 above, Landlord hereby agrees to xxxxx abate Tenant’s 's obligation to pay Tenant's monthly Base Rent for the Xxxxxal Premises and the Must-Take Space for the following (collectively, the “Abated Rent”): periods: (i) the monthly installments of Base Rent otherwise payable with respect to the entire initial Premises described in Section 6.2 of Initial Premises, such abatement period shall be the Summary for the second first four (2nd4) through eleventh (11th) full months of the initial Lease TermTerm (i.e., from September 1, 2002 through December 31, 2002); and (ii) the portion of the monthly installments of Base Rent otherwise payable with respect to 5,000 rentable square feet of the Must-Take Space, such initial Premises for abatement period shall be the twelfth first four (12th4) through seventeenth (17th) full months of the initial Lease Term. Notwithstanding Term following the foregoing Must-Take Space Commencement Date; provided, however, if the Must-Take Space Commencement Date occurs after September 1, 2002, such abatement period shall be decreased to equal the time period determined by multiplying four (4) months by the fraction, the numerator of which is equal to the contrarynumber of months (or partial months) during the period from the Must-Take Space Commencement Date through December 31, if 2007, and the denominator of which is sixty-four (64) (such abatement period shall commence as of the first (1st) day of such applicable month scheduled for abatement, Tenant is in monetary or material nonMust-monetary default under this Lease, the monthly Base Rent abatement for such applicable month shall be suspended until such default is cured by Tenant (with the amount of such suspended Abated Rent to be credited toward the next monthly installment of Base Rent due under this Lease for the first (1st) month immediately following such cure that Tenant is not in monetary or material non-monetary default under this Lease)Take Space Commencement Date. During such the applicable abatement periodsperiod described above, Tenant shall remain responsible for the payment of all of its other monetary obligations under this Lease, including, without limitation, Tenant's obligation to pay Direct Expenses as provided in Article 4 below. In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 belowof this Lease, then as a part of the recovery set forth in Article 1919 of this Lease, Landlord shall be entitled to the recovery of the unamortized balance of Base Rent abated pursuant to the Abated Rent. For purposes foregoing provisions of this Section 3.2, the Abated Rent shall be amortized on a straight-line basis over the scheduled 6-year initial Lease Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of such initial Lease Term as of the date of such early termination.

Abatement of Base Rent. Notwithstanding anything to the contrary contained in herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, but subject to the provisions of Section 3.1 above or Article 4 below1.4.2 above, Landlord hereby agrees to xxxxx abate Tenant’s 's obligation to pay Tenant's monthly Base Rent for the Ixxxxxl Premises and the Must-Take Space for the following (collectively, the “Abated Rent”): periods: (i) the monthly installments of Base Rent otherwise payable with respect to the entire initial Premises described in Section 6.2 of Initial Premises, such abatement period shall be the Summary for the second first four (2nd4) through eleventh (11th) full months of the initial Lease TermTerm (i.e., from September 1, 2002 through December 31, 2002); and (ii) the portion of the monthly installments of Base Rent otherwise payable with respect to 5,000 rentable square feet of the Must-Take Space, such initial Premises for abatement period shall be the twelfth first four (12th4) through seventeenth (17th) full months of the initial Lease Term. Notwithstanding Term following the foregoing Must-Take Space Commencement Date; provided, however, if the Must-Take Space Commencement Date occurs after September 1, 2002, such abatement period shall be decreased to equal the time period determined by multiplying four (4) months by the fraction, the numerator of which is equal to the contrarynumber of months (or partial months) during the period from the Must-Take Space Commencement Date through December 31, if 2007, and the denominator of which is sixty-four (64) (such abatement period shall commence as of the first (1st) day of such applicable month scheduled for abatement, Tenant is in monetary or material nonMust-monetary default under this Lease, the monthly Base Rent abatement for such applicable month shall be suspended until such default is cured by Tenant (with the amount of such suspended Abated Rent to be credited toward the next monthly installment of Base Rent due under this Lease for the first (1st) month immediately following such cure that Tenant is not in monetary or material non-monetary default under this Lease)Take Space Commencement Date. During such the applicable abatement periodsperiod described above, Tenant shall remain responsible for the payment of all of its other monetary obligations under this Lease, including, without limitation, Tenant's obligation to pay Direct Expenses as provided in Article 4 below. In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 belowof this Lease, then as a part of the recovery set forth in Article 1919 of this Lease, Landlord shall be entitled to the recovery of the unamortized balance of Base Rent abated pursuant to the Abated Rent. For purposes foregoing provisions of this Section 3.2, the Abated Rent shall be amortized on a straight-line basis over the scheduled 6-year initial Lease Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of such initial Lease Term as of the date of such early termination.