CONNECTION HEREWITH, UNLESS AND UNTIL IT HAS FAILED TO
PERFORM SUCH OBLIGATION WITHIN THIRTY (30) DAYS AFTER RECEIPT OF WRITTEN NOTICE
BY TENANT TO LANDLORD, SPECIFYING WHEREIN LANDLORD HAS FAILED TO PERFORM SUCH
OBLIGATION; PROVIDED, HOWEVER, THAT IF THE NATURE OF LANDLORD'S OBLIGATION IS
SUCH THAT MORE THAN THIRTY (30) DAYS ARE REQUIRED FOR ITS PERFORMANCE, THEN
LANDLORD SHALL NOT BE DEEMED TO BE IN DEFAULT IF IT SHALL COMMENCE SUCH
PERFORMANCE WITHIN SUCH THIRTY (30) DAY PERIOD AND THEREAFTER DILIGENTLY
PROSECUTE THE SAME TO COMPLETION.
NOTHING IN THIS ARTICLE 19 SHALL BE
INTERPRETED TO MEAN THAT TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE OR
THAT TENANT IS EXCUSED FROM PAYING ANY RENT DUE HEREUNDER.
19.6.2
ABATEMENT OF RENT.
NOTWITHSTANDING ANY PROVISION TO THE
CONTRARY SET FORTH IN THIS LEASE, IN THE EVENT THAT TENANT IS PREVENTED FROM
USING, AND DOES NOT USE, THE PREMISES OR ANY PORTION THEREOF, AS A RESULT OF
(I) ANY REPAIR, MAINTENANCE OR ALTERATION PERFORMED BY LANDLORD, OR WHICH
LANDLORD FAILED TO PERFORM, AFTER THE LEASE COMMENCEMENT DATE AND REQUIRED BY
THIS LEASE, WHICH SUBSTANTIALLY INTERFERES WITH TENANT'S USE OF OR INGRESS TO OR
EGRESS FROM THE BUILDING, PROJECT, OR PREMISES OR THE PARKING FACILITY; (II) ANY
FAILURE TO PROVIDE SERVICES, UTILITIES OR INGRESS TO AND EGRESS FROM THE
BUILDING, PROJECT, OR PREMISES AS REQUIRED BY THIS LEASE; OR (III) DAMAGE AND
DESTRUCTION OF OR EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE PREMISES,
BUILDING, THE PROJECT OR THE PARKING FACILITY SERVICING THE PROJECT (ANY SUCH
SET OF CIRCUMSTANCES AS SET FORTH IN ITEMS (I) THROUGH (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 FIVE (5) CONSECUTIVE
BUSINESS DAYS AFTER LANDLORD'S RECEIPT OF ANY SUCH NOTICE, OR OCCURS FOR TEN
(10) NON-CONSECUTIVE BUSINESS DAYS IN A TWELVE (12) MONTH PERIOD (PROVIDED
LANDLORD IS SENT A NOTICE PURSUANT TO SECTION 29.18 OF THIS LEASE OF EACH OF
SUCH ABATEMENT EVENT) (IN EITHER OF SUCH EVENTS, THE "ELIGIBILITY PERIOD"), THEN
THE BASE RENT AND TENANT'S SHARE OF DIRECT EXPENSES AND CHARGES FOR TENANT'S
PARKING PASSES (TO THE EXTENT NOT UTILIZED BY TENANT) SHALL BE ABATED OR
REDUCED, AS THE CASE MAY BE, AFTER THE EXPIRATION OF THE ELIGIBILITY PERIOD 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 ("UNUSABLE AREA"), BEARS TO THE TOTAL RENTABLE AREA OF THE PREMISES;
PROVIDED, HOWEVER, IN THE EVENT THAT TENANT IS
38
PREVENTED FROM USING, AND DOES NOT USE, THE UNUSABLE AREA FOR A PERIOD OF TIME
IN EXCESS OF THE ELIGIBILITY PERIOD 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