So long as no Event of Default has occurred and is continuing under this Lease during the Abatement Period, no Abatement Period Sublease Payments shall be due with respect to the sublease of up to two (2) full floors of the Premises (aggregate of all subleases for the Premises with respect to the Abatement Period); provided, however, in the event that Tenant subleases more than two (2) floors of the Premises with respect to the Abatement Period, the foregoing shall be interpreted to maximize the Abatement Period Sublease Payments due to Landlord for any subleased space in excess of such excluded two (2) floors of subleased space.

INDEX \e " " Abatement Event 34

Monthly and annual installments of Base Rent for the Premises (“Base Rent”) as of the Term Commencement Date, subject to the Abatement Amount credited to Tenant during the Abatement Period pursuant to the terms and conditions of Section 8 below:

“ACM Abatement Activities” has the meaning set forth in [Section 5.1.29] hereof.

Abatement Period: the period beginning on the Lease Commencement Date and ending on the Rent Commencement Date.

Asbestos Containing Materials. Prior to the commencement of any Renovations or alterations at any Property, any asbestos containing materials or suspect/presumed asbestos containing materials (collectively, “ACM”) located at such Property that has not previously been sampled and that will be subject to the Renovations or alterations shall be sampled, or, in the absence of sampling, shall be presumed to be ACM and handled and managed as such. Prior to the Renovations or alterations, any and all friable ACM and ACM that will be subject to the Renovations or alterations and is damaged or in poor condition, shall be removed by a licensed asbestos abatement contractor and disposed of off-site in compliance with applicable Environmental Laws or be sealed and fully encapsulated (if the ACM is capable of being encapsulated without further damage to the ACM) by a licensed asbestos abatement contractor, all in compliance with all applicable Environmental Laws, including all applicable ACM notice and disclosure requirements required by applicable Environmental Laws, and shall maintain all other ACM present on such Property in compliance with Environmental Laws (collectively, the “ACM Abatement Activities”). In addition, ACM Abatement Activities shall be followed for any ACM that could be disturbed by any Renovations or alterations. Asbestos post-abatement air clearance samples shall be collected following the completion of the ACM Abatement Activities involving the disturbance of more than 25 linear feet or more than 10 square feet of ACM to document that airborne ACM levels at the property are below the applicable re-occupancy clearance level (either less than or equal to 0.01 fibers per cubic centimeter or less than the ambient concentration not in excess of OSHA Permissible Exposure Limits, whichever is larger, if the phase contract microscopy monitoring and analysis method is used or the average number of asbestos structures on samples inside the abatement area is no greater than 70 structures per square millimeter (S/MM2) if the transmission electron microscopy monitoring and analysis method is used). Documentation related to asbestos surveys, abatement activities and regulatory forms shall be provided to the Agent upon request of the Agent following completion of work.

or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

All such payments and other sums payable hereunder shall be absolute and unconditional and are not subject to any abatement, setoff, or counterclaim.

treatment, abatement, removal, remediation, disposal, disposition or handling of any Hazardous Material, and any corrective action or response action with respect to any of the foregoing.

Rent and all other sums payable to Lessor hereunder shall be paid without notice, demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction. Except as expressly provided herein, Lessee waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement or the Real Property or any part thereof, or to any abatement, suspension, deferment, diminution or reduction of rent or any other sum payable by Lessee hereunder.