violations or applications which Tenant shall be required to comply with or remove, or close out pursuant to the terms of this Lease or other occupants of the Building shall otherwise be required to comply with or remove or close out, subject, however, to Landlord’s right to contest diligently and in good faith the applicability or legality thereof. If and to the extent removal of such Building violation or closing out of such application is required by any other tenant or occupant of the Building pursuant to any lease or occupancy agreement and failure of such other tenant or occupant to so close out or comply would have a material adverse affect on Tenant’s ability to use the Premises for the uses expressly permitted under this Lease or to perform Tenant’s. Work or other Alterations in the Premises, then Landlord shall use commercially reasonable efforts to enforce the terms of such other lease or occupancy agreement to cause such tenant or occupant to comply with such lease or occupancy agreement. If Landlord fails to remove any Building violation that Landlord is required to remove or to close any open building permit that Landlord is required to close, in either case, pursuant to this [Section 8.02] within fifteen (15) Business Days after written notice from Tenant thereof, and such failure results in an actual delay in Tenant’s ability to obtain a building permit or a final sign-off on Tenant’s Work or any other applicable Alterations and, as a direct result thereof, Tenant is delayed or prohibited by Legal Requirements from (and is not) occupying the Premises (or a portion thereof) for the conduct of its business, Tenant shall be entitled to an abatement of Annual Fixed Rent (which shall be in addition to any other abatement to which Tenant is otherwise entitled under this Lease) in proportion to the portion of the Premises actually affected thereby (provided Tenant is not actually occupying such portion of the Premises), which abatement shall commence on the date Tenant would have been permitted to occupy the Premises (or applicable portion thereof) for the conduct of its business if such Building violation had been removed or such application had been closed out by Landlord as required under this [Section 8.02] (i.e., on the date that is fifteen (15) Business Days after notice thereof from Tenant) and continue through the date which is the earlier to occur of the date # such Building violation is actually removed or such application is closed out, # Tenant is able to obtain such building permit or final sign-off, or # Tenant occupies the Premises (or the applicable portion thereof) for the conduct of its business.”

“8.02 Landlord, at Landlord’s sole cost and expense (but subject to reimbursement, if any, in accordance with Article 4), shall remove all noted Building violations and close out all open building permit applications that would delay Tenant from obtaining a building permit or a final sign-off on Tenant’s Work or any other of its Alterations in the Premises, other than those