Common use of Untenantable Space Clause in Contracts

Untenantable Space. If any of [AIRLINE]’s Exclusive Use Space is damaged or destroyed and thereby rendered untenantable, then, unless the Lessee provides [AIRLINE] with reasonably acceptable alternative space, (A) [AIRLINE] shall not be obligated to pay [AIRLINE]’s Exclusive Use Rent for such untenantable portion during such time as it remains untenantable, and (B) if such untenantable portion remains untenantable for more than one year, [AIRLINE] shall be entitled, upon 45 days’ prior notice to the Lessee, to delete such untenantable portion from its Exclusive Use Space; provided that there shall be no abatement or reduction where the untenantable condition is caused by the willful or negligent act or omission of [AIRLINE], its Delegates, passengers, guests or invitees (in which case, [AIRLINE] is obligated to restore such space to a tenantable condition at its sole cost and expense); and provided further that if the Lessee provides [AIRLINE] with reasonably acceptable alternative Common Space, the abatement shall be limited to the amount by which the [AIRLINE]’s Exclusive Use Rent for such untenantable portion exceeds the then-applicable Exclusive Use Rent for such alternative space. The lost revenue to the Lessee by any such abatement shall not be allocated to the other Signatory Airlines.