Common use of Rent Abatement Clause in Contracts

Rent Abatement. Notwithstanding anything to the contrary contained herein and provided that no default by Tenant occurs hereunder beyond any applicable notice and cure period, Landlord hereby agrees that Tenant shall not be required to pay monthly Base Rent for the second (2nd) month of the initial Term through the eighth (8th) month of the initial Term (the “Abatement Period”). The total amount of monthly Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided that the Abatement Amount shall not be increased as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease, including, all Additional Rent, including Operating Expenses the Property Management Fee and costs of utilities for the Premises. In the event of a default by Tenant under the terms of this Lease that results in termination of this Lease in accordance with the provisions of this Lease, then as a part of the recovery set forth in this Lease and in addition to any other remedies to which Landlord is entitled pursuant to Section 31 hereof, Landlord shall be entitled to the immediate recovery, as of the day prior to such termination, of the unamortized Abatement Amount that was abated under the provisions of this Section 8.

Rent Abatement. Notwithstanding anything to the contrary contained herein and provided that So long as no default by Tenant occurs hereunder beyond any applicable notice and cure periodunder the Lease, Landlord hereby agrees that Tenant shall not be required to pay (i) the monthly installments of Base Rent for the second Reduced Existing Premises shall be abated during the Reduced Existing Premises Abatement Period, (2ndii) month the monthly installments of Base Rent for Suite 100 shall be abated during the initial Term through Suite 100 Abatement Period, (iii) the eighth installments of Base Rent for Suite 160 shall be abated during the Suite 160 Abatement Period, and (8thiv) month the installments of Base Rent for Suites 140A and 240 shall be abated during the initial Term Suites 140A and 240 Abatement Period (such abatement periods being collectively referred to herein as the “Abatement PeriodPeriods”). The total amount Notwithstanding the foregoing, all other terms and conditions of monthly Base Rent abated during the Lease shall apply to the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided that the Abatement Amount shall not be increased as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this LeasePeriods, including, all Additional Rentwithout limitation, including Tenant’s obligation to pay Tenant’s Prorata Share of Operating Expenses the Property Management Fee and costs in excess of utilities Operating Expenses for the PremisesBase Year, and any above-standard services such as “after-hours” HVAC charges (as described in the Lease, as amended). In the event of a default by Tenant under the terms of this the Lease that results in termination of this the Lease in accordance with the provisions of this Section 20 (Termination Upon Tenant’s Default) of the Original Lease, then as a part of the recovery set forth in this Lease and in addition to any other remedies to which Landlord is entitled pursuant to Section 31 hereofthe Lease, Landlord shall be entitled to the immediate recovery, as recovery of the day prior to such termination, then unamortized remaining balance of the unamortized Abatement Amount Base Rent that was abated under the provisions of this Section 85.c (Rent Abatement) (such amortization being calculated on a straight line basis over the entire Lease Term and such balance being determined as of the date of Tenant’s default).

Rent Abatement. Notwithstanding anything to the contrary contained herein set forth herein, and provided that no Tenant is not then in default by Tenant occurs hereunder beyond any applicable notice and cure periodunder the Lease, subject to the last sentence of this paragraph, Landlord hereby agrees that Tenant shall not be required to xxxxx Tenant’s obligation to pay monthly Base a portion of the Monthly Basic Rent for the first (1st) through and including the third (3rd) months of the Expansion Premises Lease Term, in the amount of $1,618.65 for each such month; provided, however, that if the 1st month is a partial month such that prorated Monthly Basic Rent for such month is less than the abatement amount for such month, then said rent abatement period shall be deferred to second (2nd) month through and including the fourth (4th) months of the initial Term through the eighth (8th) month of the initial Term (the “Abatement Period”)Expansion Premises Lease Term. The total amount of monthly Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided that the Abatement Amount shall not be increased as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant shall still continue to be responsible for the payment of the remaining Monthly Basic Rent and all of its other monetary obligations Additional Rent which Tenant is required to pay under this Lease, including, all Additional Rent, including Operating Expenses the Property Management Fee and costs of utilities for the Premises. In the event of a default by Tenant under the terms of this Lease that which results in early termination of this Lease in accordance with the provisions of this Lease, then as a part of the recovery set forth in this Lease and in addition to any other remedies to which Landlord is entitled pursuant to Section 31 hereofLease, Landlord shall be entitled to the immediate recovery, as of the day prior to such termination, recovery of the unamortized Abatement Amount that portion of the Monthly Basic Rent which was abated under the provisions of this Section 8(which shall be amortized on a straight line basis from the first day of the 4th month of Expansion Premises Lease Term through the expiration of the Expansion Premises Lease Term) and such unamortized portion of the abated Monthly Basic Rent shall become immediately due and payable as unpaid rent which had been earned at the time of termination.

Rent Abatement. Notwithstanding anything to the contrary contained -------------- herein and provided that no default by Tenant occurs hereunder beyond any applicable notice shall faithfully perform all terms and cure periodconditions hereof during the Term, Landlord hereby agrees that then (i) during the six (6) month period beginning on July 1, 1999, through December 31, 1999, Tenant's obligation to pay Monthly Base Rent shall be abated at a rate of Thirty-Five Thousand One Hundred Twenty-Nine and 25/100ths Dollars ($35,129.25) per month in the total amount of Two Hundred Ten Thousand Seven Hundred Seventy-Five and 50/100ths Dollars ($210,775.50), and (ii) during the twelve (12) month period beginning on July 1, 1999, through June 30, 2000, Adjustments otherwise due from Tenant pursuant to Section 4.04 of the Lease shall be abated. Such abatement shall apply to payment of the monthly installments of Monthly Base Rent and payment of Operating Expenses only and shall not be required applicable to pay monthly Base Rent for the second (2nd) month of the initial Term through the eighth (8th) month of the initial Term (the “Abatement Period”). The total amount of monthly Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided that the Abatement Amount shall not be increased as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Periodother charges, expenses or costs payable by Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease, including, without limitation, Tenant's obligation to pay directly metered electricity charges. Landlord and Tenant agree that the waiver of rental and other payments contained in this Section is conditional and is made by Landlord in reliance upon Tenant's faithful and continued performance of the terms, conditions and covenants of this Lease and the payment of all Additional Rent, including Operating Expenses the Property Management Fee and costs of utilities for the Premisesmonies due Landlord hereunder. In the event of a default by Tenant under Tenant's faithful and continued timely performance hereunder and Tenant's payment of all monies due Landlord and upon the terms of this Lease that results in termination of this Lease in accordance with the provisions of this Lease, then as a part of the recovery set forth in this Lease and in addition to any other remedies to which Landlord is entitled pursuant to Section 31 expiration hereof, Landlord shall be entitled have then waived and forgiven Tenant from rental payments specified in this Section. In the event of Tenant's failure to perform pursuant to the immediate recoveryterms and conditions hereof, as including the non-payment of any monies due Landlord hereunder, Landlord shall have the day prior right to such termination, demand payment of the unamortized Abatement Amount that was abated under the provisions of this Section 8all unpaid and conditionally waived rental and other payments in addition to exercising any and all other remedies provided herein or at law and in equity."

Rent Abatement. Notwithstanding anything to The parties acknowledge that Lessee is not paying the contrary contained herein and provided that no default by Tenant occurs hereunder beyond any applicable notice and cure period, Landlord hereby agrees that Tenant shall not be required to pay monthly Base Rent for the second period commencing with the Commencement Date and continuing until the Rent Commencement Date (2nd) month of the initial Term through the eighth (8th) month of the initial Term (the “Abatement Period”"RENTAL ABATEMENT PERIOD" herein). The total amount of monthly Base Rent abated However, the Lessee is required to pay during the Rental Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty all Real Property Taxes, insurance, utilities and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided all other additional Rent. The parties acknowledge that the foregoing Rental Abatement Amount shall not be increased Period has been granted to Lessee as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant shall still be responsible additional consideration for the payment of all of its other monetary obligations under entering into this Lease, includingand for agreeing to pay the Rent and performing the terms and conditions otherwise required under the Lease. Accordingly, all Additional Rent, including Operating Expenses the Property Management Fee and costs of utilities for the Premises. In in the event of a default Default by Tenant under Lessee which Lessee fails to cure within the terms times permitted for curing hereunder, Lessee shall be obligated to pay the unamortized portion of Base Rent otherwise abated hereunder during the Rental Abatement Period, with interest as provided in the Lease, from the date such Base Rent would otherwise have been due but for the abatement provided for herein, immediately upon written demand by Lessor. The unamortized portion of the abated Base Rent would be equal to the total amount of the abated Base Rent (which is the amount of One and 55/100 Dollars ($1.55) multiplied by the Building Area multiplied by four (4) months) divided by the number of months in the Original Term of this Lease that results multiplied by the number of months (or fractions thereof) remaining in termination the Original Term of this Lease in accordance with at the provisions time of this Lease, then as a part such Default. The parties hereby agree that Lessee's obligation to repay any abated Base Rent and interest thereon is of the recovery set forth in essence of this Lease and in addition Lessee's covenant was a material inducement to any other remedies to which Landlord is entitled pursuant to Section 31 hereof, Landlord shall be entitled to the immediate recovery, as of the day prior to such termination, of the unamortized Abatement Amount that was abated under the provisions of Lessor entering into this Section 8Lease.

Rent Abatement. Notwithstanding anything to the contrary contained herein in Section 4 or 5 of this Second Amendment or Article 11.3 of the Lease, (a) beginning on the Commencement Date for the Sixth Floor Premises and provided continuing until the date thirteen (13) months after the Commencement Date for the Sixth Floor Premises, Monthly Basic Rent shall be abated with respect to 3,785 square feet of Rentable Area (such abated Monthly Basic Rent, the “Excused Rent”), and (b) from the Commencement Date for the Sixth Floor Premises and continuing through and including June 14, 2010, the Monthly Basic Rent shall not exceed the aggregate amount of Monthly Basic Rent Tenant would have been obligated to pay with respect to the Existing Premises under the Lease without giving effect to this Second Amendment. Tenant understands and agrees that no Landlord’s waiver of Tenant’s obligation to pay the Excused Rent is conditioned upon Tenant’s performing each and every obligation on its part to be performed under the Lease. Accordingly, upon the occurrence of a payment or material default by Tenant occurs hereunder beyond any applicable notice and cure periodduring the Lease Term, Landlord hereby agrees that the foregoing provisions relieving Tenant shall not be required of the obligation to pay monthly Base the Excused Rent for shall be null and void and all Rent which, in the second (2nd) month absence of the initial Term through the eighth (8th) month of the initial Term (the “Abatement Period”). The total amount of monthly Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided that the Abatement Amount shall not be increased as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease, including, all Additional Rent, including Operating Expenses the Property Management Fee and costs of utilities for the Premises. In the event of a default by Tenant under the terms of this Lease that results in termination of this Lease in accordance with the abatement provisions of this Lease, then as a part of the recovery set forth in this Lease Section 5, would have been payable, including the Excused Rent, shall become immediately due and in addition to any other remedies to which Landlord is entitled pursuant to Section 31 hereof, Landlord payable by Tenant and Tenant shall be entitled to pay all Rent during the immediate recovery, as remainder of the day prior to Lease Term as such termination, Rent would have become due and payable in the absence of the unamortized Abatement Amount that was abated under the Rent abatement provisions of set forth in this Section 85.

Rent Abatement. Notwithstanding anything Except as hereafter provided to the contrary contained herein contrary, if by reason of such casualty the Demised Premises is rendered wholly unusable by Tenant, the Rent and provided that no default other charges payable by Tenant occurs hereunder beyond shall be fully abated, or if only partially damaged, such Rent and other charges shall be abated proportionately as to that portion of the Demised Premises rendered unusable by Tenant, in either event (unless the Lease is terminated, as aforesaid) from the date of such casualty until thirty (30) days after notice by Landlord to Tenant that the Demised Premises have been substantially restored, or until Tenant has resumed its business operations in the Demised Premises, whichever shall occur sooner. Provided, however, and subject to the terms of Section 9.7. hereof, Tenant shall reimburse Landlord, within thirty (30) days after the completion of such restoration, for the full cost of such restoration if any applicable notice such damage or casualty shall be caused by the negligence or other wrongful act or negligent omission of Tenant, or of Tenant’s subtenants, concessionaires, licensees, contractors, employees, agents, or invitees, and cure periodthere shall be no abatement of Rent or other charges which are Tenant’s obligation under this Lease, Landlord hereby agrees except to the extent that such damages are covered by insurance policies of Tenant or 3rd party. Except for the abatement of the Rent and other charges hereinabove set forth, Tenant shall not be required to pay monthly Base Rent entitled to, and hereby waives, all claims against Landlord for the second (2nd) month any compensation or damage for loss of use of the initial Term through the eighth (8th) month of the initial Term (the “Abatement Period”). The total amount of monthly Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided that the Abatement Amount shall not be increased as a result of whole or any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease, including, all Additional Rent, including Operating Expenses the Property Management Fee and costs of utilities for the Premises. In the event of a default by Tenant under the terms of this Lease that results in termination of this Lease in accordance with the provisions of this Lease, then as a part of the recovery set forth in this Lease Demised Premises, and in addition to for any other remedies to which Landlord is entitled pursuant to Section 31 hereofinconvenience or annoyance occasioned by any such damage, Landlord shall be entitled to the immediate recoverydestruction, as of the day prior to such terminationrepair, of the unamortized Abatement Amount that was abated under the provisions of this Section 8or restoration.

Rent Abatement. Notwithstanding anything to Provided Tenant is not in default under the contrary contained herein and provided that no Lease (or would be in default by Tenant occurs hereunder beyond any applicable notice and cure periodunder the Lease but for the passage of time or giving of notice, or both), Landlord hereby agrees that Tenant shall not be required to xxxxx Tenant’s obligation to pay monthly Monthly Base Rent for the second first (2nd1st) month through and including the sixth (6th) month of the initial Term through the eighth (8th) month of the initial Lease Term (such total amount of abated Monthly Base Rent being hereinafter referred to as the “Abatement PeriodAbated Amount”). The total amount of monthly Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”); provided that the Abatement Amount shall not be increased as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Periodsuch abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this the Lease, including, all Additional Rentwithout limitation, including Tenant’s Percentage of Operating Expenses the Property Management Fee and costs any expenses relative to Tenant’s use and occupancy of utilities for the Premises. In the event of a default by Tenant under the terms of this Lease that which results in early termination of this Lease in accordance with the provisions of this Lease, then as a part of the recovery set forth in elsewhere expressly permitted under this Lease and in addition to any other remedies to which Landlord is entitled pursuant to Section 31 hereofLease, Landlord shall be entitled to the immediate recovery, as a pro–rata recovery of the day Abated Amount. The formula for determining the percentage of the Abated Amount recoverable is (X–Y) ÷X, where X equals the number of months in the Lease Term and Y equals the number of months the Premises was leased prior to such termination, . By way of illustration only (but not as a limitation of the unamortized Abatement Amount that was abated under the provisions foregoing), if a default by Tenant resulted in termination of this Section 8Lease at the end of month fifteen (15) of the Lease Term, and the Lease Term was sixty (60) months, then Landlord would be entitled to recover (60–15) ÷60 or seventy–five percent (75%) of the Abated Amount. Any such amount which Landlord is entitled to recover hereinabove shall become immediately due and payable as unpaid rent which had been earned at the date of Lease termination.

Rent Abatement. Notwithstanding anything to the contrary contained herein and in Section 6 above, provided that the Lease shall then be in full force and effect and no default by Tenant occurs hereunder beyond any applicable notice and cure periodmonetary or material non-monetary Event of Default shall be continuing, Landlord hereby agrees that Tenant shall not be required entitled to pay monthly an abatement of Base Rent in respect of the New Premises only in the amount of $99,522.00 per month from the New Premises Commencement Date through the date immediately preceding the one (1) year anniversary of the New Premises Commencement Date (such date, the “New Premises Rent Commencement Date,” and such period of abated Base Rent for the second (2nd) month of the initial Term through the eighth (8th) month of the initial Term (New Premises, the “New Premises Base Rent Abatement Period”). The total amount of monthly Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) in accordance with this Section 7 (the “Abatement AmountNew Premises Abated Base Rent”)) does not include charges for electric and/or any other Additional Rent; provided that as such, during the Abatement Amount shall not be increased as a result of any increase in New Premises Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant only Base Rent to the extent set forth above shall still be responsible for abated, and the payment of all of its other monetary obligations under this Lease, including, electric charges as well as all Additional Rent, including Operating Expenses the Property Management Fee Rent and other costs of utilities for the Premises. In the event of a default by Tenant and charges payable under the Lease shall remain due and payable pursuant to the terms hereof. Notwithstanding the foregoing, if Tenant cures any such Event of this Lease that results in termination of this Lease in accordance with Default after the provisions of this Lease, then as a part of the recovery applicable notice and cure period set forth in this Section 21.1 of the Lease and in addition to any other remedies to which Landlord if such cure is entitled pursuant to Section 31 hereofaccepted by Landlord, Landlord then Tenant shall again be entitled to the immediate recoveryNew Premises Abated Base Rent to the extent the same accrued but was not applied before such cure is effected by Tenant (i.e., was suspended) as of the day prior to well as any portion thereof accruing after such termination, of the unamortized Abatement Amount that was abated under the provisions of this Section 8cure is effected by Tenant.

Rent Abatement. The first paragraph of Section 2.D of the Second Amendment is hereby deleted in its entirety. Notwithstanding anything to the contrary contained herein in Section 4 above and to the Original Lease, and provided that no default by Tenant occurs hereunder is not in default, beyond any applicable periods of notice and cure periodgrace, of its monetary and material non-monetary obligations under the Lease, and in addition to the abatement provided in the Initial Lease as such abatement is amended below by this Amendment with respect to the portion of the Lease Premises initially demised thereunder, Landlord hereby agrees that Tenant shall not be required to axxxx Tenant’s obligation to pay monthly Base Monthly Rent for the second Second Expansion Space and the Expansion Space (2ndas defined in the First Amendment) month for the initial seven (7) full months of the initial Lease Term through after the Lease Commencement Date, as such term is applicable to each space. Further, Landlord agrees to axxxx Tenant’s obligation to pay Base Monthly Rent for the entirety of the Leased Premises during the eighth (8th) full calendar month of the initial Lease Term (after the “Abatement Period”)Lease Commencement Date, as such term is applicable to each space. The total amount of monthly However, notwithstanding anything to the contrary contained in the Original Lease, during the Base Rent abated during the Abatement Period shall not exceed Five Hundred Twenty-Six Thousand Six Hundred Eighty and 00/100 Dollars ($526,680.00) (the “Abatement Amount”defined below); provided that the Abatement Amount shall not be increased as a result of any increase in Base Rent arising from Landlord’s disbursement of any Additional TI Allowance in accordance with Sections 4.2 and 4.4 of this Lease. During the Abatement Period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this the Lease, including, all Additional Rent, including Operating Expenses the Property Management Fee and costs of utilities for the Premises. In the event of If a default by Tenant under the terms of this Lease that results in early termination of this Lease in accordance with the provisions of this Lease, then as a part of the recovery set forth in this Lease and in addition to any other remedies to which Landlord is entitled pursuant to Section 31 hereofpermitted by the Lease, Landlord shall be entitled to the immediate recovery, as recovery of the day prior to such termination, of the unamortized Abatement Amount Base Monthly Rent that was abated under during the provisions initial four (4) full months of this Section 8.the Lease Term after the Lease Commencement Date, as such term is applicable to each space. The second paragraph of Paragraph 3.1(a) of the Initial Lease (as amended by the Second Amendment) is hereby amended by: