PROJECT COMMON AREA). HOWEVER, IN THE
EVENT THAT SUBLESSEE IS PREVENTED FROM CONDUCTING, AND DOES NOT CONDUCT, ITS
BUSINESS IN ANY PORTION OF THE BUILDING AREA OF THE SUBLEASED PREMISES FOR A
PERIOD OF TIME IN EXCESS OF THE ELIGIBILITY PERIOD, AND THE REMAINING PORTION OF
THE BUILDING AREA OF THE SUBLEASED PREMISES IS NOT SUFFICIENT TO ALLOW SUBLESSEE
TO EFFECTIVELY CONDUCT ITS BUSINESS THEREIN, AND IF SUBLESSEE DOES NOT CONDUCT
ITS BUSINESS FROM SUCH REMAINING PORTION, THEN FOR SUCH TIME AFTER EXPIRATION OF
THE ELIGIBILITY PERIOD DURING WHICH SUBLESSEE IS SO PREVENTED FROM EFFECTIVELY
CONDUCTING ITS BUSINESS THEREIN, THE RENT FOR THE ENTIRE SUBLEASED PREMISES
SHALL BE ABATED; PROVIDED, HOWEVER, IF SUBLESSEE REOCCUPIES AND CONDUCTS ITS
BUSINESS FROM ANY PORTION OF THE BUILDING AREA OF THE SUBLEASED PREMISES DURING
SUCH PERIOD, THE BASE RENT ALLOCABLE TO SUCH REOCCUPIED PORTION, BASED ON THE
PROPORTION THAT THE RENTABLE AREA OF SUCH REOCCUPIED PORTION OF THE SUBLEASED
PREMISES BEARS TO THE TOTAL SUBLEASED PREMISES, SHALL BE PAYABLE BY SUBLESSEE
FROM THE DATE SUCH
24
BUSINESS OPERATIONS COMMENCE.
IF SUBLESSEE'S RIGHT TO ABATEMENT OCCURS BECAUSE
OF AN EMINENT DOMAIN TAKING OR BECAUSE OF DAMAGE OR DESTRUCTION TO THE SUBLEASED
PREMISES, THE PARKING FACILITIES OR THE PROJECT COMMON AREA, SUBLESSEE'S
ABATEMENT PERIOD SHALL CONTINUE UNTIL SUBLESSOR HAS EITHER COMPLETED THE
RECONSTRUCTION OF THE SUBLEASED PREMISES WITHIN THE TIME AND IN THE MANNER
REQUIRED BY SECTIONS 7 AND 29.
TO THE EXTENT SUBLESSEE IS ENTITLED TO ABATEMENT
WITHOUT REGARD TO THE ELIGIBILITY PERIOD, BECAUSE OF AN EVENT COVERED IN EITHER
SECTIONS 7 OR 29 OF THIS SUBLEASE, THEN THE ABATEMENT SHALL CONTINUE UNDER
WHICHEVER PROVISION PROVIDES FOR THE GREATEST RELIEF TO SUBLESSEE. TO THE EXTENT
SUBLESSEE HAS PREPAID RENT (AS IT DOES EACH MONTH SINCE BASE RENT IS DUE ON THE
FIRST DAY OF EACH MONTH) AND SUBLESSEE IS SUBSEQUENTLY ENTITLED TO AN ABATEMENT,
SUCH PREPAID, AND SUBSEQUENTLY ABATED, BASE RENT SHOULD BE REFUNDED TO, AND PAID
BY SUBLESSOR TO, SUBLESSEE WITHIN THIRTY (30) DAYS AFTER THE END OF THE
APPROPRIATE MONTH.
In addition to anything in this Section 6 and/or any of the other provisions of
this Sublease, in the event that Sublessee is notified or becomes aware of the
fact that as a result of:
(A)
THE INABILITY OF SUBLESSOR TO PROVIDE
ESSENTIAL SERVICES AS REQUIRED UNDER THIS SUBLEASE TO THE SUBLEASED PREMISES,
THE PROJECT COMMON AREA, THE PARKING FACILITY AND/OR THE SUBJECT BUILDING SO AS
TO INTERFERE SUBSTANTIALLY WITH SUBLESSEE'S USE OF ALL OR A MATERIAL PORTION OF
THE SUBLEASED PREMISES ("MATERIAL" BEING DEFINED AS AT LEAST 20% OF THE RENTABLE
AREA OF THE SUBLEASED PREMISES OR THE PROJECT COMMON AREA FOR THE PURPOSE OF
THIS CLAUSE), THE PARKING FACILITIES, AND/OR THE SUBJECT BUILDING; OR
(B)
ANY DISCOVERY OF HAZARDOUS MATERIALS IN, ON
OR AROUND THE SUBLEASED PREMISES, THE SUBJECT BUILDING AND/OR THE LAND NOT
PLACED OR PERMITTED BY APPLICABLE GOVERNMENTAL REQUIREMENTS TO BE PLACED IN, ON
OR AROUND THE SUBLEASED PREMISES, THE SUBJECT BUILDING AND/OR THE LAND BY
SUBLESSEE, THAT