Common use of Abatement of Rent When Tenant Is Prevented From Using Premises Clause in Contracts

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days, or after ten (10) non-consecutive business days within any twelve (12) month period during the Lease Term (the “Eligibility Period”), as a result of (i) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Article 5, or (ii) any failure by Landlord to provide access to the Premises, then Tenant’s obligation to pay Base Rent and Operating Expenses shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until 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 square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i) or (ii) of this sentence arises out of or results from Landlord’s gross negligence or willful misconduct; provided, further, that Tenant shall not be entitled to abatement or reduction of Rent to the extent the matters described in clauses (i) or (ii) above arise out of or results from a matter outside of Landlord’s reasonable control. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 13 (Damage by Fire or Other Casualty) or a taking pursuant to Article 14 (Eminent Domain), then the terms of this Section 5.5 shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is actually prevented from using, and does not use, the Premises or any portion thereof, for five the Eligibility Period (5as defined below) consecutive business days, or after ten (10) non-consecutive business days within any twelve (12) month period during the Lease Term (the “Eligibility Period”), as a result of any of the following (each an “Abatement Event”) (i) any construction, repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, (ii) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Article 5Sections 6.1.1 or 6.1.2 above, or (iiiii) any failure by Landlord to provide access to the Premises, or access to, or use of, the parking passes to which Tenant is entitled under this Lease in those areas of the Parking Facilities where such parking passes are located (to the extent reasonable replacement parking passes are not provided by Landlord within the Parking Facilities of the Project and/or other parking facilities, in each case, located within a reasonable walking distance of the Phase IV Real Property), (iv) any failure by Landlord to perform Landlord’s repair obligations under Section 7.2 below prior to the expiration of the Outside Repair Period (as defined in Section 7.3 below), (v) the presence of Hazardous Materials in, on or around the Building, the Premises or the Project which were not caused or introduced by Tenant or Tenant’s agents, employees, licensees or invitees, and which Hazardous Materials pose a material and significant health risk to occupants of the Premises as determined by applicable governmental authorities pursuant to applicable Environmental Laws by written notice delivered to Landlord and Tenant, or (vi) any entry onto the Premises by Landlord pursuant to Article 23 below, then Tenant’s obligation to pay Base Rent and ▇▇▇▇▇▇’s Share of increases in Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereofthereof (the “Unusable Area”), in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided. However, howeverif less than all, but a substantial portion, of the Premises is unfit for occupancy and the remainder of the Premises (other than Tenant’s Data Center and other computer and data rooms) is not sufficient to allow Tenant to effectively conduct its business therein as a result of an Abatement Event, and if Tenant does not conduct its business from the Unusable Area affected by such Abatement Event and such remaining portion (other than Tenant’s Data Center and other computer and data rooms), then the Base Rent and Tenant’s Share of increases in Operating Expenses, Tax Expenses and Utilities Costs for the entire Premises shall be abated for such time after the expiration of the Eligibility Period that Tenant shall only continues to be entitled to such abatement of rent so prevented from using, and does not use, the entire Premises (other than Tenant’s Data Center and other computer and data rooms, which areas if the matter described in clauses (i) or (ii) of this sentence arises out of or results from Landlord’s gross negligence or willful misconduct; provided, further, that used by Tenant shall not be entitled eligible for any such abatement during the period of such use). If, however, Tenant reoccupies any portion of the Premises during such period, the Base Rent and Tenant’s Share of increases in Operating Expenses, Tax Expenses and Utilities Costs allocable to such reoccupied portion, based on the proportion that the rentable square feet of such reoccupied portion of the Premises bears to the total rentable square feet of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. If ▇▇▇▇▇▇’s right to abatement or reduction occurs during a free rent period which arises after the Lease Commencement Date, Tenant’s free rent period shall be extended for the number of Rent days that the abatement period overlapped the free rent period (“Overlap Period”). Landlord shall have the right to extend the Lease Expiration Date for a period of time equal to the extent Overlap Period if Landlord sends a Notice to Tenant of such election within thirty (30) days following the matters described in clauses (i) or (ii) above arise out end of or results from a matter outside of Landlord’s reasonable control. To the extent Tenant shall be entitled to abatement of extended free rent because of a damage or destruction pursuant to Article 13 (Damage by Fire or Other Casualty) or a taking pursuant to Article 14 (Eminent Domain), then the terms of this Section 5.5 shall not be applicableperiod.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is actually prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days, days or after ten fifteen (1015) non-consecutive business days within in any twelve (consecutive 12) -month period during the Lease Term (the “Eligibility Period”), "ELIGIBILITY PERIOD") as a result of (i) any failure construction, repair, maintenance or alteration performed by Landlord after the Lease Commencement Date, (ii) any failure to provide to the Premises any of the essential utilities and services required to be provided in Article 5Sections 6.1.1 or 6.1.2 above, or (iiiii) any failure by Landlord to provide access to the Premises, (iv) any failure by Landlord to perform Landlord's repair obligations under Section 7.2 below prior to the expiration of the Outside Repair Period (as defined in Section 7.3 below), (v) any entry onto the Premises by Landlord pursuant to Article 23 below, or (vi) because of the presence of Hazardous Materials in, on or around the Building, the Premises or the Real Property which were not caused or introduced by Tenant or Tenant's agents, employees, licensees or invitees, and which Hazardous Materials pose a material and significant health risk to occupants of the Premises as determined by applicable governmental authorities pursuant to applicable Environmental Laws by written notice delivered to Landlord and Tenant, which notice specifically prohibits occupancy of the Premises (or portions thereof) as a result of such Hazardous Materials, then Tenant’s 's obligation to pay Base Rent and Operating Tenant's Share of increases in Direct Expenses shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until 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 square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided. If Tenant's right to rent abatement pursuant to this Section 6.5 occurs during a free rent period which arises after the Lease Commencement Date, howeverTenant's free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (the "OVERLAP PERIOD"), that Tenant and Landlord shall only be entitled have the right to such abatement extend the Lease Expiration Date for a period of rent if the matter described in clauses (i) or (ii) of this sentence arises out of or results from Landlord’s gross negligence or willful misconduct; provided, further, that Tenant shall not be entitled to abatement or reduction of Rent time equal to the extent Overlap Period if Landlord notifies Tenant of such election in writing within thirty (30) days after the matters described in clauses (i) or (ii) above arise out end of or results from a matter outside of Landlord’s reasonable controlthe extended free rent period. To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 13 (Damage by Fire or Other Casualty) 11 or a taking pursuant to Article 14 (Eminent Domain)13, then the terms of this Section 5.5 Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In -------------------------------------------------------------- the event that Tenant is prevented from using, and does not use, the Premises or any substantial portion thereof, for five (5) consecutive business days, days or after ten fifteen (1015) non-consecutive business days within in any twelve (12) month period during the Lease Term (the “"Eligibility ----------- Period”), ") as a result of (i) any failure by Landlord to provide damage or destruction to the Premises and/or the ------ Building, (ii) any repair, maintenance or alteration performed by Landlord after the Commencement Date and required or permitted by the Lease or any use of the essential utilities and services required Building or Common Areas for Filming (as described in Section 17.18), which substantially interferes with Tenant's use of the Premises, the Center (subject to be provided Landlord's right to provide Substitute Parking as described in Article 5Section 17.3) and/or the Building, or (iiiii) any failure by Landlord to provide Tenant with services or access to the Premises, the Center (subject to Landlord's right to provide Substitute Parking as described in Section 17.3) and/or the Building, (iv) because of an eminent domain proceeding or (v) because of the presence of hazardous substances in, on or around the Premises, the Building or the Project which poses a health risk to occupants of the Premises, then Tenant’s obligation to pay Base 's Rent and Operating Expenses shall be abated or reduced, as the case may be, from and after the first (1st) day following expiration of the Eligibility Period and continuing until 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 square feet area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any substantial portion of the Premises 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 for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from 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 such business operations commence. 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 and/or Tenant's property, Tenant's abatement period shall continue until Tenant has been given sufficient time, and sufficient access to the Premises and/or the Building, 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 and/or damaged as a result of such damage or destruction and/or eminent domain taking and to move in over a weekend. In the event that Rent is abated pursuant to this Section 3.9 for longer than a period of one hundred eighty (180) consecutive days (the "180 Day ------- Period"), Landlord shall have the right, exercisable by written notice to Tenant given within thirty (30) days after the end of the 180 Day Period ("Landlord's ---------- Termination Notice") to terminate the Lease upon that date which is thirty (30) ------------------ days after Tenant receives Landlord's Termination Notice; provided, however, that if at least ten (10) days prior to the scheduled termination date Tenant shall only be entitled provides Landlord with written notice waiving Tenant's right to such further rent abatement on account of the specific event which initially triggered the; rent if the matter described in clauses (i) or (ii) of a basement, then this sentence arises out of or results from Landlord’s gross negligence or willful misconduct; provided, further, that Tenant Lease shall not be entitled to abatement or reduction of Rent to the extent the matters described terminate but shall continue in clauses (i) or (ii) above arise out of or results from a matter outside of Landlord’s reasonable controlfull force and effect. To the extent Tenant shall be is entitled to abatement of rent without regard to the Eligibility Period, because of a damage an event covered by Articles 8 [Damage or destruction pursuant to Article 13 (Damage by Fire or Other Casualty) or a taking pursuant to Article 14 (Eminent Domain)Destruction] and 9 [Condemnation] of the Lease, then the terms of this Section 5.5 Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that If Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days, or after ten (10) non-consecutive business days within any twelve (12) month period during the Lease Term (the “Eligibility Period”), as a result of (i) Landlord's failure to maintain and keep in service the existing utility connections located outside the Buildings and connected to the exterior of the Buildings as necessary for distribution of such utilities to the Premises required to be provided in Section 6.1 above, but only to the extent such failure is caused by Landlord's negligence or willful misconduct, (ii) any failure by Landlord to provide to the Premises perform any of the essential utilities and services repairs required to be provided performed by Landlord under this Lease within fifteen (15) days after Landlord's receipt of any such notice from Tenant (which 15-day period shall be extended as is reasonably necessary if more than fifteen (15) days are reasonably required to complete such repairs and Landlord commences such repairs within such 15-day period and thereafter diligently attempts to complete same), (iii) the performance of Landlord's Construction (as defined in Article 5Section 24.29 below), or (iiiv) any failure by Landlord to provide access to the Premises, or access to, or use of, those parking spaces allocated to Tenant pursuant to Section 12 of the Summary (to the extent replacement parking passes are not provided by Landlord), or (v) Landlord's entry into the Premises pursuant to Article 22 below (each, an "Abatement Event"), then Tenant shall give Landlord notice of such Abatement Event. If such Abatement Event continues for five (5) consecutive business days after Landlord's receipt of any such notice from Tenant ("Eligibility Period"), then Tenant’s 's obligation to pay Base Rent and Tenant's Share of increases in Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until during 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 square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i) or (ii) of this sentence arises out of or results from Landlord’s gross negligence or willful misconduct; provided, further, that Tenant shall not be entitled to abatement or reduction of Rent to the extent the matters described in clauses (i) or (ii) above arise out of or results from a matter outside of Landlord’s reasonable control. To the extent Tenant shall be entitled to abatement of rent Base Rent and Tenant's Share of increases in Operating Expenses, Tax Expenses and Utilities Costs because of a damage or destruction pursuant to Article 13 (Damage by Fire or Other Casualty) 11 below, or a taking pursuant to Article 14 (Eminent Domain)12 below, then the terms of this Section 5.5 Eligibility Period shall not be applicable.

Abatement of Rent When Tenant Is Prevented From Using Premises. In the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for five (5) consecutive business days, or after ten (10) non-consecutive business days within any twelve (12) month period during the Lease Term (the “Eligibility Period”), as a result of (i) any failure by Landlord to provide to the Premises any of the essential utilities and services required to be provided in Article 5Sections 6.1.1, 6.1.2, or 6.1.4 above, or (ii) any failure by Landlord to provide access to the Premises, or (iii) any failure by Landlord to perform any repairs required to be performed by Landlord under Section 7.2 below, within a reasonable time after Landlord has received notice from Tenant of the need for such repairs, but in no event longer than thirty (30) days (or such longer period of time as is reasonably required for such repair work if Landlord diligently commences such repair work within such thirty (30) day period and thereafter diligently prosecutes same to completion), or (iv) any Construction (as defined in Section 24.29 below) undertaken by Landlord pursuant to Section 24.29 below, then Tenant’s obligation to pay Base Rent and Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until 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 square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises; provided, however, that Tenant shall only be entitled to such abatement of rent if the matter described in clauses (i) or (ii) of this sentence arises out of or results from Landlord’s gross negligence or willful misconduct; provided, further, that Tenant shall not be entitled to abatement or reduction of Rent to the extent the matters described in clauses (i) ), (ii), (iii), or (iiiv) above arise out of or [FINAL EXECUTION COPY]SMRH:478611488.18 -17- 600 B STREETMitek Systems, Inc. 92917 35XW-244846 results from a matter outside of Landlord’s reasonable controlcontrol (which shall exclude repairs or restorations which could be arranged by Landlord through the exercise of commercially reasonable efforts consistent with generally accepted commercial office building maintenance practices). To the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 13 (Damage by Fire or Other Casualty) 11 or a taking pursuant to Article 14 (Eminent Domain)12, then the terms of this Section 5.5 6.6 shall not be applicable.