SET FORTH IN ITEMS (I), (II)
OR (III), ABOVE, TO BE KNOWN AS AN "ABATEMENT EVENT"), THEN TENANT SHALL GIVE
LANDLORD NOTICE OF SUCH ABATEMENT EVENT, AND IF SUCH ABATEMENT EVENT CONTINUES
FOR FOUR (4) CONSECUTIVE BUSINESS DAYS AFTER LANDLORD'S RECEIPT OF ANY SUCH
NOTICE, OR OCCURS ON MORE THAN TEN (10) NON-CONSECUTIVE BUSINESS DAYS IN ANY 12
MONTH PERIOD (IN EITHER CASE, THE "ELIGIBILITY PERIOD"), THEN THE BASE RENT,
TENANT'S SHARE OF DIRECT EXPENSES, AND TENANT'S OBLIGATION TO PAY FOR PARKING
SHALL BE ABATED OR REDUCED, AS THE CASE MAY BE, FROM THE DATE ON WHICH THE
ABATEMENT EVENT FIRST OCCURRED FOR SUCH TIME THAT TENANT CONTINUES TO BE SO
PREVENTED FROM USING, AND DOES NOT USE, THE PREMISES OR A PORTION THEREOF, 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; PROVIDED, HOWEVER, IN THE EVENT THAT TENANT IS PREVENTED FROM
USING, AND DOES NOT USE, A PORTION OF THE PREMISES FOR A PERIOD OF TIME FROM THE
DATE ON WHICH THE ABATEMENT EVENT FIRST OCCURRED AND THE REMAINING PORTION OF
THE PREMISES IS NOT SUFFICIENT TO ALLOW TENANT TO EFFECTIVELY CONDUCT ITS
BUSINESS THEREIN, AND IF TENANT DOES NOT CONDUCT ITS BUSINESS FROM SUCH
REMAINING PORTION, THEN FOR SUCH TIME AFTER THE OCCURRENCE OF THE ABATEMENT
EVENT DURING WHICH TENANT IS SO PREVENTED FROM EFFECTIVELY CONDUCTING ITS
BUSINESS THEREIN, THE BASE RENT AND ADDITIONAL RENT AND TENANT'S OBLIGATION TO
PAY FOR PARKING FOR THE ENTIRE PREMISES SHALL BE ABATED FOR SUCH TIME AS TENANT
CONTINUES TO BE SO PREVENTED FROM USING, AND DOES NOT USE, THE PREMISES.
IF,
HOWEVER, TENANT REOCCUPIES ANY PORTION OF THE PREMISES DURING SUCH PERIOD, THE
RENT ALLOCABLE TO SUCH REOCCUPIED PORTION, BASED ON THE PROPORTION THAT THE
RENTABLE AREA OF SUCH REOCCUPIED PORTION OF THE PREMISES BEARS TO THE TOTAL
RENTABLE AREA OF THE PREMISES, SHALL BE PAYABLE BY TENANT FROM THE DATE TENANT
REOCCUPIES SUCH PORTION OF THE PREMISES.
SUCH RIGHT TO ABATE BASE RENT,
ADDITIONAL RENT, AND TENANT'S PARKING CHARGES SHALL BE TENANT'S SOLE AND
EXCLUSIVE REMEDY AT LAW OR IN EQUITY TO ABATE RENT FOR AN ABATEMENT EVENT.
IF
TENANT'S RIGHT TO ABATEMENT OCCURS BECAUSE OF AN EMINENT DOMAIN TAKING AND/OR
BECAUSE OF DAMAGE OR DESTRUCTION TO THE PREMISES, THE BUILDING, THE PROJECT'S
PARKING FACILITY, AND/OR THE PROJECT, TENANT'S ABATEMENT PERIOD SHALL CONTINUE
UNTIL TENANT HAS BEEN GIVEN SUFFICIENT TIME, AND SUFFICIENT ACCESS TO THE
PREMISES, TO REBUILD SUCH PORTION IT IS REQUIRED TO REBUILD, TO INSTALL ITS
PROPERTY, FURNITURE, FIXTURES, AND EQUIPMENT TO THE EXTENT THE SAME SHALL HAVE
BEEN REMOVED AS A RESULT OF SUCH DAMAGE OR DESTRUCTION AND TO MOVE IN OVER A
WEEKEND.
EXCEPT AS PROVIDED IN THIS SECTION 19.5.2 AND ELSEWHERE IN THIS LEASE,
NOTHING CONTAINED HEREIN SHALL BE INTERPRETED TO MEAN THAT TENANT IS EXCUSED
FROM PAYING RENT DUE HEREUNDER.
IF LANDLORD HAS NOT CURED SUCH ABATEMENT EVENT
WITHIN TWELVE