Rent abatement clause samples

5. Base Rent Abatement. The Base Rent Abatement set forth in Section7.5 of the Lease shall not apply to the Extension Term. Provided that Tenant is not in monetary default (without reference to any notice or cure periods) or material non-monetary default (beyond applicable notice and cure periods) under the Lease, Landlord agrees to abate Tenant’s obligation to pay Base Rent for the Premises for the first two (2)months of the Extension Term (the “Extension Term Base Rent Abatement”). The period of time in which Tenant is entitled to any Extension Term Base Rent Abatement shall be referred to herein as the “Extension Term Base Rent Abatement Period.” During the Extension Term Base Rent Abatement Period, Tenant will remain responsible for the payment of the Property Management Fee (which shall be calculated as if there were no Extension Term Base Rent Abatement and Tenant were paying Base Rent of $44,484.00 per month), utilities, Tenant’s Adjusted Share of Operating Expenses and all Additional Rent attributable to the Premises. Tenant acknowledges and agrees that the foregoing Extension Term Base Rent Abatement has been granted to Tenant as additional consideration for entering into this Amendment, and for agreeing to pay the Base Rent and perform the terms and conditions otherwise required under the Lease. If Tenant shall be in monetary default (without reference to any notice or cure periods) or material non-monetary default (beyond applicable notice and cure periods) under the Lease, then Tenant’s right to receive the Extension Term Base Rent Abatement for the Extension Term Base Rent Abatement Period shall automatically terminate and Tenant shall immediately be obligated to begin paying Base Rent for the Premises in full. The Extension Term Base Rent Abatement shall be personal to the original Tenant and any Tenant’s Affiliate that assumes the original Tenant’s interest in the Lease pursuant to an Exempt Transfer and shall only apply to the extent that the original Tenant or a Tenant’s Affiliate that assumes the original Tenant’s interest in the Lease pursuant to an Exempt Transfer (and not any assignee, or any sublessee or other transferee of the original Tenant’s interest in this Lease pursuant to a Transfer that is not an Exempt Transfer) is the Tenant under this Lease during the Extension Term Base Rent Abatement Period.

In May 2018, we entered into an agreement to lease 44,718 square feet of office space in San Diego, California, which commenced on July 1, 2018, for a term of 10 years and 10 months. Under the terms of the lease, we pay base annual rent (subject to an annual fixed percentage increase), plus property taxes, and other normal and necessary expenses, such as utilities, repairs, and maintenance. Certain incentives were included in the lease, including $4.2 million in tenant improvement allowances and twelve months of rent abatement. In lieu of a cash security deposit, Wells Fargo issued a $1.0 million letter of credit on our behalf, which is secured by a deposit of $0.7 million. We do not have the right to extend the lease or right of first offer for future rental of adjacent office space owned by the landlord.

4.7.1Suite 150 Abated Monthly Rental.During the three (3) month period commencing on February 1, 2020 and ending on April 30, 2020 (the “Suite 150 Rent Abatement Period”), Tenant shall not be obligated to pay any Monthly Rental otherwise attributable to Suite 150 during such Suite 150 Rent Abatement Period (the “Suite 150 Rent Abatement”).Landlord and Tenant acknowledge that the aggregate amount of the Suite 150 Rent Abatement equals $97,690.50 (i.e., $32,563.50 per month).Tenant acknowledges and agrees that during such Suite 150 Rent Abatement Period, such abatement of Monthly Rental for the Suite 150 Premises shall have no effect on Tenant’s rental obligations with regard to the 12780 Premises, nor on the calculation of any future increases in Monthly Rental, Operating Expenses or Taxes payable by Tenant pursuant to the terms of the Lease, which increases shall be calculated without regard to such Suite 150 Rent Abatement.Additionally, Tenant shall be obligated to pay all Additional Rental during the Suite 150 Rent Abatement Period.Tenant acknowledges and agrees that the foregoing Suite 150 Rent Abatement has been granted to Tenant as additional consideration for entering into this Third Amendment, and for agreeing to pay the rent and perform the terms and conditions otherwise required under the Lease (as hereby amended).If Tenant shall be in default under the Lease (as hereby amended) and shall fail to cure such default within the notice and cure period, if any, permitted for cure pursuant to the Lease (as hereby amended), or if the Lease (as hereby amended) is terminated for any reason, other than as the result of casualty or condemnation, then the dollar amount of the unapplied portion of the Suite 150 Rent Abatement as of such default or termination shall be converted to a credit to be applied to the Monthly Rental applicable at the end of the Expansion Term and Tenant shall immediately be obligated to begin paying Monthly Rental for the Premises in full.

5.2Abated Base Rent. Provided that no event of defaultis occurringduring the period commencing during the first [XXXXX] full calendar months of the Extended Term (i.e., [XXXXXXXXXXXXXXXXXXXX] (the “Base Rent Abatement Period”), Tenant shall not be obligated to pay any Base Rent otherwise attributable to the Premises during such Base Rent Abatement Period (the “Base Rent Abatement”).Landlord and Tenant acknowledge that the aggregate amount of the Base Rent Abatement equals [XXX XXXXXXX XXXXXXX XXXXX XXXXXX XXXX XXX XX XXXXXX XXXX XXXX XXXX XXXX XXXXXXXXXX XXXXXXX XXXX XXXXXXXXXX XXX XX] Tenant acknowledges and agrees that during such Base Rent Abatement Period such abatement of Base Rentfor the Premisesshall have no effecton the calculation of any future increases in Base Rent or Direct Expenses payable by Tenant pursuant to the terms of this Lease, which increases shall be calculated without regard to such Base Rent Abatement. Additionally, Tenant shall be obligated to pay all Additional Rent during the Base Rent Abatement Period. Tenant acknowledges and agrees that the foregoing Base Rent Abatement has been granted to Tenant as additional consideration for entering into this First Amendment, and for agreeing to pay the Base Rent and perform the terms and conditions otherwise required under the Lease, as amended. If Tenant shall be in default under the Lease, as amended,and shall fail to cure such default within the notice and cure period, if any, permitted for cure pursuant to the Lease, as amended, or if the Lease, as amended, is terminated for any reason other than Landlord's breach of the Lease, as amended, then the dollar amount of the unappliedportionof the Base Rent Abatement as of the date of such default or termination, as the case may be, shall be converted to a credit to be applied to the Base Rent applicable at the end of the Extended Term and Tenant shall immediately be obligated to begin paying Base Rent for the Premises in full. The foregoing Base Rent Abatement rights set forth in this Section5.2 shall only apply to the extentthat the Original Tenant or a Permitted Transferee Assignee (and not any other assignee, or any sublessee or other transferee of the Original Tenant's interest in the Lease) is the Tenant under the Lease, as amended, during such Base Rent Abatement Period.

6.  First Floor Additional Premises Base Rent Abatement.Tenant’s obligations with respect to Base Rent as to the First Floor Additional Premisespayable by Tenant pursuant to Section 5shall be subject to abatement for the first one (1) month of the First Floor Additional PremisesTerm (the “FirstFloorAdditional Premises Base Rent Abatement”); provided, however, that Tenant shall not be entitled to any portion of the First Floor Additional Premises Base Rent Abatement accruing during a period of time in which Tenant is in Default under the Lease.Upon the occurrence of a Default, Tenant shall immediately be obligated to commence paying Base Rent for the First Floor Additional Premises in full until such time that the Default has been cured.For the avoidance of doubt, the time period for which the First Floor Additional Premises Base Rent Abatement applies shall not be extended as a result of any Default period during whichTenant is not entitled to suchFirstFloorAdditional Premises Base Rent Abatement.Tenant acknowledges and agrees that the First Floor Additional Premises Base Rent Abatement has been granted to Tenant as additional consideration for entering into this Amendment and for agreeing to pay the Rent and perform all of the obligations of Tenant under the Lease.The First Floor Additional Premises Base Rent Abatement shall not work to abate or reduce Tenant’s obligations under the Lease with respect to Additional Rent (including, without limitation,Tenant’s obligations with respect toOperatingExpenses and the Property ManagementFee).For avoidance of doubt, for the first one (1) month of the First Floor AdditionalPremises Term, the Property Management Fee with respect to the First Floor AdditionalPremises shall be calculated as ifTenant were paying fullBase Rent for the First Floor Additional Premises without taking into account the First Floor Additional Premises Base Rent Abatement.

3.2 Base Rent Abatement. Provided Tenant is not then in default of the Lease beyond all applicable notice and cure periods, then during the period of four (4)months from the second (2nd) through and including the fifth (5th) frill calendar months of the Lease Term (the “Rent Abatement Period”), Tenant shall not be obligated to pay Base Rent otherwise attributable to the Premises for such Base Rent Abatement Period (the “Rent Abatement”) (i.e., for a total Rent Abatement equal to $91,000.00). Tenant acknowledges and agrees that the foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Lease, and for agreeing to pay the Rent and to perform the terms and conditions otherwise required under the Lease. If Tenant shall be in default under the Lease and shall fail to cure such default within the notice and cure period, if any, permitted for cure pursuant to this Lease, then Landlord may at its option, elect, in addition to any other remedies Landlord may have under this Lease, one or both of the following remedies: (i)that Tenant shall immediately become obligated to pay to Landlord all Base Rent abated hereunder during the Base Rent Abatement Period, or (ii)that the remaining amount of any unapplied portion of the Base Rent Abatement as of the date of such default shall be converted to a credit, and shall be applied to the Base Rent applicable to the Premises at the end of the Lease Term and Tenant shall immediately be obligated to begin paying Base Rent for the Premises in full.

6. Base Rent Abatement. Provided Tenant is not in default of the Lease (as hereby amended) beyond all applicable notice and cure periods, and notwithstanding anything to the contrary in the Lease, then during the period of four (4)months, from the second (2nd) through and including the fifth (5th) full calendar months following the Additional Expansion Premises Commencement Date (the “Rent Abatement Period”), Tenant shall not be obligated to pay Base Rent for the Additional Expansion Premises during the Rent Abatement Period (the “Rent Abatement”) (i.e., for a total Rent Abatement of $71,716.80). Tenant acknowledges and agrees that the foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Amendment, and for agreement to pay the Base Rent and to perform the terms and conditions otherwise required under the Lease, including this Amendment. If Tenant shall be in default under the Lease and shall fail to cure such default within the notice and cure period, if any, permitted for cure pursuant to this Lease, then Landlord may at its option elect, in addition to any other remedies Landlord may have under the Lease, one or both of the remedies set forth in Section3.2 of the Original Lease.

6. Base Rent Abatement. Provided Tenant is not in default of the Lease (as hereby amended) beyond all applicable notice and cure periods, and notwithstanding anything to the contrary in the Lease, Tenant shall not be obligated to pay the Base Rent for the 6th Floor Premises during the second (2nd) month of the Extended Term (the’ “Rent Abatement Period”) for a total Fixed Monthly Rent abatement of $26,625.40 (the “Rent Abatement”). Tenant acknowledges and agrees that the foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Amendment, and for Tenant’s agreement to pay the Base Rent and to perform the terms and conditions otherwise required under the Lease, including this Amendment. If Tenant shall be in default under the Lease and shall fail to cure such default within the applicable notice and cure period, if any, permitted for cure pursuant to this Lease, in addition to any other remedies Landlord may have under this Lease, Tenant shall immediately become obligated to pay to Landlord all Base Rent abated during the Rent Abatement Period.

$ 3,119,399.94 $ 259,950.00 5.1 Base Rent Abatement. Base Rent payable by Subtenant shall be abated as follows: (i)for the first three (3)months of the Term after the Commencement Date, one hundred percent (100%) of Base Rent shall be abated (“Full Rent Abatement Period”), and (ii) for next ten (10)months of the Term (following the initial three month abatement of Base Rent) fifty percent (50%) of Base Rent shall be abated (“Half Rent Abatement Period” and together with the Full Rent Abatement Period the “Rent Abatement Period”).

* This number of months is subject to adjustment in the event the Additional Subleased Premises Commencement Date is a date other than September1, 2015. ** Subject to the Additional Subleased Premises Base Rent Abatement. See Sample Rent Abatement Chart set forth in Section6.D below. If the Additional Subleased Premises Commencement Date is a day other than the first day of a month, the monthly installment of Base Rent for that month shall be prorated.

Space Rent Commencement Date, and the Available Remaining Sublease Space Base Rent Abatement. Such amendment to sublease shall be subject to Landlord consent. From and after the full execution and delivery of the amendment to the Sublease, all the terms, conditions, covenants and agreements set forth in the Sublease shall apply and be binding upon Sublandlord and Subtenant with respect to the Remaining Sublease Space, except as set forth in this Section10 and as the parties may otherwise agree.

3.5 Additional Premises Base Rent Abatement. Tenant’s obligations with respect to Base Rent as to the Additional Premises shall be subject to abatement in the amount of One Hundred Seven Thousand Eighty and 20/100 Dollars ($107,080.20) (the “Additional Premises Base Rent Abatement”), which Additional Premises Base Rent Abatement shall be amortized and applied in equal installments over months one (1)through three (3)of the Additional Premises Term; provided, however, that Tenant shall not be entitled to any portion of the Additional Premises Base Rent Abatement accruing during a period of time in which Tenant is in Default under the Lease. Tenant acknowledges and agrees that the Additional Premises Base Rent Abatement has been granted to Tenant as additional consideration for entering into this Amendment and for agreeing to pay the Rent and perform all of the obligations of Tenant under the Lease. The Additional Premises Base Rent Abatement shall not work to abate or reduce Tenant’s obligations under the Lease with respect to Additional Rent including (without limitation) Tenant’s obligations with respect to Operating Expenses and the Property Management Fee. For avoidance of doubt, for the first three (3)months of the Additional Premises Term, the Property Management Fee with respect to the Additional Premises shall be calculated as if Tenant were paying Thirty-Five Thousand Six Hundred Ninety-Three and 40/100 Dollars ($35,693.40) per month for Base Rent with respect to the Additional Premises.

(a)Base Rent.The first month’s Base Rent for the Premises and the Security Deposit shall be due and payable on delivery of a Tenant-executed copy of this Lease to Landlord; such first month’s Base Rent shall be applied to the first payment(s) of Base Rent during the Term after the Initial Premises Base Rent Abatement.Beginning on the Rent Commencement Date, the 4th Floor Rent Commencement Date, and the First Floor/Second Floor Expansion Premises Rent Commencement Date, respectively, and on or before the first day of each calendar month thereafter during the Term hereof (but subject to the Base Rent Abatement described in Section 4(a)) Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, except as otherwise provided herein, monthly installments of Base Rent for the Initial Premises, the 4th Floor Premises, the First Floor Expansion Premises, and the Second Floor Expansion Premises, respectively, in lawful money of the United States of America, at the office of Landlord for payment of Rent set forth above, or to such other entity or person or at such other place as Landlord may from time to time notify Tenant in writing not less than 30 days in advance.Payments of Base Rent for any fractional calendar month shall be prorated on a per diem basis.The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations.Tenant shall have no right at any time to abate, reduce, or set-off any Rent (as defined in Section 5) due hereunder except for any abatement or set-off as may be expressly provided in this Lease.

For the avoidance of doubt, if the Lease Commencement Date occurs on the first day of a calendar month, the Base Rent Abatement will be measured from that date.If the Lease Commencement Date occurs on a day other than the first day of a calendar month, the Base Rent Abatement will be measured from the first day of the following calendar month.Except as provided in the preceding sentences, Tenant shall pay the full amount of Base Rent due in accordance with the provisions of this Lease.The administration rent set forth in Section 5 below shall not be abated and shall be based on the amount of Base Rent that would have been payable but for the Base Rent Abatement.Notwithstanding anything to the contrary in this Section4(a), the adjustment in the Base Rent as set forth in this Section 4 shall be based on the full and unabated amount of Base Rent payable for the first 12 month period from and after the Lease Commencement Date.

6.4Rent Abatement.If Landlord fails to perform the obligations required of Landlord under the terms of this Lease and such failure causes all or a portion of the Premises to be unusable by, or inaccessible to, Tenant and such failure relates to (x)the nonfunctioning of the Building HVAC system in the Premises, the interruption of electricity to the Premises, the nonfunctioning of the elevator service to the Premises, or (y)a failure to provide access to all or a portion of the Premises (including as a result of any work performed by Landlord in or about the Premises or the Building unless in response to Tenant's request or as a result of Tenant's breach of this Lease), Tenant shall give Landlord notice to the Building management office and the other Landlord notice addresses set forth in Section 11 of the Summary (the "Initial Failure Notice"), specifying such failure to perform by Landlord (the "Abatement Event").The address for the Building management office is currently 360 Third Street, Suite 105, San Francisco, California 94107, provided that Landlord may change such address and its other notice addresses from time to time by notice to Tenant.If Landlord has not cured such Abatement Event within three (3) business days after the receipt of the Initial Failure Notice (the "Eligibility Period"), Tenant may deliver an additional notice to Landlord (the "Additional Failure Notice"), specifying such Abatement Event and Tenant's intention to abate the payment of Rent under this Lease.If Landlord does not cure such Abatement Event within three (3) business days of receipt of the Additional Failure Notice, Tenant may, upon written notice to Landlord, immediately abate Rent payable under this Lease for that portion of the Premises rendered unusable or inaccessible and not used by Tenant, for the period beginning on the expiration of the Eligibility Period to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises.Such right to abate Rent shall be Tenant's sole and exclusive remedy at law or in equity for an Abatement Event.Except as provided in this Section6.4, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.

5.Rent Abatement.The first paragraph of Section 2.D of the Second Amendment is hereby deleted in its entirety.Notwithstanding anything to the contrary contained in Section 4 above and to the Original Lease, and provided that Tenant is not in default, beyond applicable periods of notice and grace, of its monetary and material non-monetary obligations under the Lease, and in addition to the abatement provided in the Initial Lease as such abatement is amended below by this Amendment with respect to the portion of the Lease Premises initially demised thereunder, Landlord agrees to abate Tenant’s obligation to pay Base Monthly Rent for the Second Expansion Space and the Expansion Space (as defined in the First Amendment) for the initial seven (7) full months of the Lease Term after the Lease Commencement Date, as such term is applicable to each space.Further, Landlord agrees to abate Tenant’s obligation to pay Base Monthly Rent for the entirety of the Leased Premises during the eighth (8th) full calendar month of the Lease Term after the Lease Commencement Date, as such term is applicable to each space.However, notwithstanding anything to the contrary contained in the Original Lease, during the Base Rent Abatement Period (defined below), Tenant shall still be responsible for the payment of all of its other monetary obligations under the Lease.If a default by Tenant under the Lease results in early termination of the Lease, then as a part of the recovery permitted by the Lease, Landlord shall be entitled to the recovery of the Base Monthly Rent that was abated during the initial four (4) full months of the Lease Term after the Lease Commencement Date, as such term is applicable to each space.

(b) Third Amendment Additional Premises Base Rent Abatement. Provided that Tenant is not then in default of the Lease (beyond any applicable cure period), then during the period commencing on the Third Amendment Additional Commencement Date and ending on the date that is the later of (a)September10, 2016 and (b)the date that is one hundred two (102)days after the Third Amendment Additional Commencement Date (such period, the “Third Amendment Additional Premises Base Rent Abatement Period”), Tenant shall not be obligated to pay any Base Rent for the Third Amendment Additional Premises only (the “Third Amendment Additional Premises Base Rent Abatement”). Tenant acknowledges and agrees that the Third Amendment Additional Premises Base Rent Abatement has been granted to Tenant as additional consideration for entering into this Third Amendment, and for agreeing to pay Rent and performing the terms and conditions otherwise required under the Lease. If Tenant shall be in default under the Lease (beyond any applicable cure period), then Tenant’s right to receive the Third Amendment Additional Premises Base Rent Abatement for the Third Amendment Additional Premises Base Rent Abatement Period shall automatically terminate as of the date of such default and Tenant shall immediately be obligated to begin paying Base Rent for the Third Amendment Additional Premises as of such date. The Third Amendment Additional Premises Base Rent Abatement shall be personal to the original Tenant and shall only apply to the extent that the original Tenant (and not any assignee, or any sublessee or other transferee of the original Tenant’s interest in this Lease) is the Tenant under the Lease during the Third Amendment Additional Premises Base Rent Abatement Period. Nothing in this Section shall work to abate or reduce Tenant’s obligations under the Lease with respect to all other Rent due to Landlord under the Lease (including, all Rent for the Existing Premises and, from and after the Additional First Floor Commencement Date, the Additional First Floor Premises, and all Additional Rent (including Tenant’s Op Ex Share of Operating Expenses and the Property Management Fee (calculated as if there was not any Third Amendment Additional Premises Base Rent Abatement)) for the Third Amendment Additional Premises).

5. Monthly Base Rent Abatement. Notwithstanding anything to the contrary contained in the Lease or in this Second Amendment, Landlord hereby agrees to abate Tenant’s obligation to pay (i)one hundred percent (100%) of Tenant’s monthly Base Rent for the first (1st) full month of the Expansion Space Term, and (ii)fifty percent (50%) of Tenant’s monthly Base Rent for the second (2nd), third (3rd), fourth (4th) and fifth (5th) full months of the Expansion Space Term (collectively, the “Base Rent Abatement”). During such abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under the Lease, as amended by this Second Amendment. The foregoing Base Rent Abatement has been granted to Tenant as additional consideration for entering into this Second Amendment, and for agreeing to pay the Rent and performing the terms and conditions otherwise required under this Lease. If Tenant shall be in Economic Default or Material Non-Economic Default under the Lease (as modified by this Second Amendment) at any time during the Base Rent Abatement Period beyond the expiration of all applicable notice and cure periods, if any, then the unamortized portion of the Base Rent Abatement granted to Tenant pursuant to this Section5 may be considered when determining the remedies available to Landlord pursuant to the terms of Article19 of the Original Lease.

15.Base Rent Abatement.Provided a Default does not then exist under the Lease, Landlord hereby grants Tenant an abatement (“Base Rent Abatement”) of the Base Rent payable under the Lease with respect to the entire Premises for the 5 month period beginning on October 1, 2021 and ending on February 28, 2022. Thereafter, Tenant shall pay the full amount of Base Rent due in accordance with the provisions of the Lease.The Property Management Fee set forth in Section9.2(w) of the Lease shall not be abated and shall be based on the amount of Base Rent that would have been payable but for the Base Rent Abatement.

3. Rent Abatement. Notwithstanding anything set forth in Section3(b) of the Lease to the contrary, if the Substantial Completion of the Lease Improvements occurs on or prior to December20, 2019 (the “Fixed Abatement Date”), then the rent abatement provided for in Section 3(b) of the Lease for Landlord’s failure to deliver the Premises by the Outside Completion Date shall be equal to seventy-six (76)days (“Fixed Abatement”), which Fixed Abatement shall be in addition to the Abatement Period. For the avoidance of doubt, if the Substantial Completion occurs after the Fixed Abatement Date, then the Fixed Abatement shall not apply and Tenant shall be entitled to an abatement of Fixed Rent calculated in accordance with Section3(b) of the Lease (in additional to the Abatement Period).

Except as otherwise provided in Section6.5, no interruption in, or temporary stoppage of, any of the services this Article 6 describes is to be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, nor does any interruption or stoppage relieve Tenant from any obligation this Lease describes, render Landlord liable for damages or entitle Tenant to any Rent abatement. Landlord is not required to provide any heat, air conditioning, electricity or other service in excess of that permitted by any Laws. Landlord has the exclusive right and discretion to select the provider of any utility or service to the Shopping Center and to determine whether the Premises or any other portion of the Buildings or Shopping Center may or will be separately metered or separately supplied. Notwithstanding any contrary language in this Lease, Tenant may not obtain utility services directly from any supplier other than the supplier Landlord selects. Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the above standards for utilities and services.

9.2 No Rent Abatement. Tenant shall continue to pay all Rent due or accruing under this Lease during any Clean-up, and shall not be entitled to any reduction, offset or deferral of any Base Rent or Additional Rent due or accruing under this Lease during any such Clean-up.