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<br />If due to casualty or any failure by the City (or Landlord) to open or operate or maintain <br />the Parking Facility as required hereunder or under the Parking Agreement, the Parking <br />Facility should cease to be fully operational and maintained and available for Tenant's <br />use as contemplated hereunder (each such circumstance, a "Parking Facility <br />Unavailability Event"), and (a) if such Parking Facility Unavailability Event continues <br />for a period of twenty-four (24) consecutive hours or more, then Landlord shall use its <br />best efforts to cause the City to repair, restore, maintain and reopen the Parking Facility <br />as contemplated hereunder as soon as reasonably possible and to cause the City otherwise <br />to perform its obligations under the Parking Agreement so that the Parking Facility <br />becomes fully operational and maintained and available for Tenant's use as contemplated <br />hereunder, as soon as reasonably possible; and (b) if the City fails or refuses to undertake <br />the remediation of the Parking Facility Unavailability Event (i.e., the repair, restoration <br />and/or rebuilding ofthe casualty damage, the performance of any delinquent maintenance <br />.. obligations and/or re-opening of the Parking Facility as contemplated hereunder) within <br />: two (2) business days after the initial occurrence thereof, or if the City undertakes such, <br />remediation work but thereafter fails or refuses to prosecute the remediation work <br />diligently to completion, then in either event upon notice thereof from Tenant and to the <br />fullest extent permitted by law, Landlord shall undertake and diligently prosecute the <br />remediation work to completion, and if Landlord fails to do so then such failure shall <br />constitute an event of default by Landlord and (in addition to all other remedies that <br />Tenant may have hereunder, at law or in equity as a consequence of such default) Tenant <br />shall have the right to undertake and perform the remediation work at Landlord's sole <br />cost and expense in accordance with Section 9.1 ( e) and Section 16.4; (c) if the Parking <br />Facility Unavailability Event continues (or is expected to continue) for a period in excess <br />of two (2) consecutive days on which Tenant is operating its business in the Premises, <br />then Landlord will use all commercially reasonable efforts to obtain alternate parking for <br />Tenant's customers during the continuance of the Parking Facility Unavailability Event, <br />which alternate parking (w) may consist of the remaining available spaces in the Parking <br />Facility together with other parking spaces or wholly of other parking spaces if there are <br />no remaining parking spaces in the Parking Facility; (x) includes, in the aggregate, at <br />least the Minimum Parking Spaces otherwise required to be in the Parking Facility, <br />(y) meets the requirements of this Lease and the Parking Agreement; and (z) is located <br />within a walking distance of not more than eight hundred (800) feet from the main <br />entrance to the Building and may be conveniently used by Tenant's customers (the <br />"Alternate Parking"). Landlord and Tenant will reasonably consult and cooperate with <br />each other to agree upon any required Alternate Parking as quickly as possible. <br /> <br />If and for so long as Tenant continues to operate its business in the Premises during a <br />Parking Facility Unavailability Event, then in lieu of Base Rent, Percentage Rent and <br />Additional Rent otherwise payable hereunder, Tenant shall pay Alternate Rent to <br />Landlord in accordance with Scction 4.7. If Tcnant ceases to operate its business in the <br />Premises as a consequence of a Parking Facility Unavailability Event, then until the <br />Parking Facility Unavailability Event no longer exists or Tenant re-commences the <br />operation of its business in the Premises (whichever occurs first), all Rent and other <br />an10unts otherwise due by Tenant hereunder, other than Tenant's share of Real Estate <br />Taxes pursuant to Article 6, shall be abated. <br /> <br /> <br />" <br /> <br /> <br />39 <br />CHG02:309I375.v8 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />. <br />