Legal Contracts Software Generator - Legal Contract Agreement Template for Abatement Clause

# Abatement Clause Agreement **This Abatement Clause Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord Name] (the "Landlord") and [Tenant Name] (the "Tenant").** ## Recitals WHEREAS, the Landlord is the owner of the property located at [Property Address] (the "Premises"); WHEREAS, the Tenant is leasing the Premises from the Landlord under a lease agreement dated [Lease Date] (the "Lease Agreement"); WHEREAS, the parties wish to clarify and define the terms under which rent abatement may occur. ## 1. Definition of Abatement For the purposes of this Agreement, "abatement" shall refer to a reduction or suspension of rent payments due under the Lease Agreement. ## 2. Conditions for Abatement Abatement of rent shall be granted under the following conditions: ### 2.1. Maintenance Failures If the Landlord fails to perform necessary repairs or maintenance as required under the Lease Agreement, which materially affects the Tenant's ability to use and enjoy the Premises, the Tenant may notify the Landlord in writing. If such issues are not rectified within [30] days, the Tenant shall be entitled to an abatement of rent for the duration of the repair period. ### 2.2. Force Majeure Events In the event of a Force Majeure event, which may include natural disasters, governmental actions, or other unforeseen circumstances that render the Premises uninhabitable, the Tenant shall have the right to an abatement of rent for the duration of the disruption. ### 2.3. Other Special Circumstances The Tenant may also request rent abatement under any other circumstances as agreed upon by both parties in writing. ## 3. Requirements for Rent Abatement To qualify for abatement, the Tenant must comply with the following requirements: - Submit a written notice to the Landlord detailing the grounds for the requested abatement, including all relevant facts. - Allow the Landlord reasonable access to the Premises to examine and remedy any issues cited in the abatement request. ## 4. Term of Abatement Rent abatement shall be applied retroactively to the date of the event or condition giving rise to the abatement and shall continue until the resolution of the circumstances causing the abatement. ## 5. Effect on Lease Terms Any granted abatement shall not extend the term of the Lease Agreement, nor shall it affect any other obligations of the Tenant or the Landlord under the Lease Agreement, except as specifically provided for in this Agreement. ## 6. Non-Waiver The failure of either party to enforce any provisions of this Agreement shall not be construed as a waiver of such provisions or of the right of such party to enforce any other provision of this Agreement at any time. ## 7. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of [State]. ## 8. Entire Agreement This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral. ## IN WITNESS WHEREOF, the parties hereto have executed this Abatement Clause Agreement as of the date first above written. ______________________________ **[Landlord Name]** Landlord ______________________________ **[Tenant Name]** Tenant --- **Note:** This is a template and may require customization to fit specific circumstances and legal standards. It is advisable to consult with a legal professional before using this document for any official purpose.