DELAYS IN FURNISHING SERVICES. Tenant agrees that Landlord shall not be in breach of this Lease nor be liable to Tenant for damages or otherwise, for any failure to furnish, or a delay in furnishing, or a change in the quantity or character of any service when such failure, delay or change is occasioned, in whole or in part, by repairs, improvements or mechanical breakdowns by the act or default of Tenant or other parties or by an event of Force Majeure. No such failure, delay or change shall be deemed to be an eviction or disturbance of Tenant’s use and possession of the Premises, or relieve Tenant from paying Rent or from performing any other obligations of Tenant under this Lease, without any deduction or offset. Failure to any extent to make available, or any slowdown, stoppage, or interruption of, the specified utility services resulting from any cause, including changes in service provider or Landlord’s compliance with any voluntary or similar governmental or business guidelines now or hereafter published or any requirements now or hereafter established by any governmental agency, board, or bureau having jurisdiction over the operation of the Property shall not render Landlord liable in any respect for damages to either persons, property, or business, nor be construed as an eviction of Tenant or work an abatement of Rent, nor relieve Tenant of Tenant’s obligations for fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for abatement of Rent or damages on account of any interruption of service occasioned thereby or resulting therefrom.
DELAYS IN FURNISHING SERVICES. 10 6.06 CHOICE OF SERVICE PROVIDER.......................................11 6.07 SIGNAGE..........................................................11
DELAYS IN FURNISHING SERVICES. Landlord shall not be liable for failure to supply heating, air conditioning, elevator, electrical, janitorial, lighting or other services during any period as long as Landlord is using reasonable diligence to supply such services, or during any period Landlord is required to reduce or curtail such services pursuant to any applicable laws, rules or regulations, including utility regulations, it being agreed that such services may be discontinued, reduced or curtailed (either temporarily or permanently) at such times as may be necessary by reason of accident, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, rules and regulations, or any other happening beyond the control of Landlord. In the event of an interruption, reduction, or discontinuance of services (either temporary or permanent) as set forth above, Landlord shall neither be liable for damages to person or property as a result thereof nor shall the occurrence of any such event in any way be construed as an eviction of Tenant, cause or permit an abatement, reduction, or setoff of rent, or operate to release Tenant from any of its obligations under this Lease. Notwithstanding anything in this Section 5.4 to the contrary, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of five (5) consecutive business days as a result of an interruption of essential utility services, such as electricity, telephone/telecommunication service, fire protection or water, that is a direct result of Landlord’s negligence or willful misconduct, then Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fifth (5th) consecutive business day of the service failure and ending on the day the service has been restored; provided, however, the foregoing conditional abatement of Rent shall not apply if the interruption of such utility service is a result of Tenant’s negligence, willful misconduct or breach of this Lease. In no event, however, shall Landlord be liable to Tenant for any loss or damage, direct or indirect, special or consequential, including loss of business, arising out of or in connection with the failure of any such utility services. The foregoing provisions regarding interruption of utility services shall not apply in case of damage to or destruction of the Premises, which shall be governed by Section 14 of this Lease.
DELAYS IN FURNISHING SERVICES. Tenant agrees that Landlord shall not be liable to Tenant for damages or otherwise, for any failure to furnish, or a delay in furnishing, any service when such failure or delay is occasioned, in whole or in part, by repairs, improvements or mechanical breakdowns by the act or default of Tenant or other parties or by an event of Force Majeure. No interruption or malfunction of any utility service shall constitute an eviction or disturbance of Tenant's use or possession of the Premises or a breach by Landlord of any of Landlord's obligations hereunder or render Landlord liable or responsible to Tenant for any loss or damage which Tenant may sustain or incur if either the quantity or character of any utility service is changed or is no longer available to or is no longer suitable for Tenant's requirements or entitle Tenant to be relieved from any of Tenant's obligations hereunder, including, without limitation, the obligation to pay Rent, or grant Tenant any right to set-off, abatement, or recoupment. Landlord reserves the right, upon not less than ninety (90) days prior written notice to Tenant, to discontinue the availability of electrical service to all tenants of the Building. If Landlord elects such option, Tenant shall contract directly with the utility service provider for the continuance of service to the Premises. However, Landlord shall not have the right to discontinue such service if the utility service provider furnishing such service will not contract with Tenant for the supplying of such service. Landlord shall at the written request of Tenant make all necessary arrangements with the utility service provider in connection with obtaining such utility service to the Premises. If Landlord discontinues providing electricity to all tenants of the Building for any reason other than Landlord's reasonable anticipation that tenants will realize costs savings as a result of contracting directly with utility service provider(s) for electricity, Landlord will pay all conversion charges relating thereto. Otherwise, such conversion costs shall be considered an item of Operating Expense, for which Tenant shall be responsible for its proportionate share thereof. In addition, during the period Tenant actually receives electrical service directly from the utility service provider, Tenant's pro rata share of Operating Expenses shall be reduced proportionately to account for the cessation of Building standard electrical service to the Premises. The foregoing shall...
DELAYS IN FURNISHING SERVICES. The following shall be added at the end of Section 6.5 of the ESE Lease: “Notwithstanding anything to the contrary contained in this Section 6.5, if all or any material portion of the Premises are made untenantable and are not actually used by Tenant for a period in excess of three (3) consecutive business days as a result of a failure, delay or change in any service due to Landlord’s gross negligence or willful misconduct, and Tenant has given Landlord notice of such failure, delay or change, then, commencing with the fourth (4th) business day after such notice and ending on the day the service has been restored, Tenant shall be entitled to an abatement of Monthly Base Rent. If the entire Premises has not been rendered untenantable by such failure, delay or change, the amount of abatement shall be equitably prorated.”
DELAYS IN FURNISHING SERVICES. If as a result of any failure to furnish or delay in furnishing any of the services described in 5.01, the Premises are rendered substantially untenantable for a period of more than seventy-two (72) consecutive hours and Tenant does not occupy the Premises due to such untenantability, then, commencing upon the expiration of said 72-hour period, Monthly Base Rent shall abatx xxx the duration of such untenantability until Tenant is able to resume or does resume occupancy of the Premises. Tenant agrees that Landlord shall not be liable for damages for failure to furnish or delay in furnishing any service if attributable to any of the causes described in 26.05 and if not thus attributable, then only to the extent of abatement of Monthly Base Rent. No failure or delay shall be considered to be an eviction or disturbance of Tenant's use or possession of Premises.
DELAYS IN FURNISHING SERVICES. If, as a result of any failure to furnish or delay in furnishing any of the services described in section 5.1, the Premises are rendered substantially untenantable for a period of 72 consecutive hours and the Tenant is unable to occupy the Premises due to such untenantability, then, commencing upon the expiration of said 72-hour period, Rent shall abatx xxx the duration of such untenantability until normal services are resumed. Tenant agrees that Landlord shall not be liable for damages for failure to furnish or delay in furnishing any service if attributable to any of the causes described in section 26.7. In addition, no such failure or delay shall be considered to be an eviction or disturbance of Tenant's use or possession of the Premises, or relieve Tenant from its obligation to pay all Rent when due or from any other obligations of Tenant under this Lease, except as stated in the first sentence of this section.
DELAYS IN FURNISHING SERVICES. Landlord does not warrant that any of the above services will be free from interruptions caused by an event of Force Majeure, such term including war, insurrection, civil commotion, riots, acts of God, or the enemy, governmental repairs, mechanical breakdown, renewals, improvements, alterations, strikes, lockouts, picketing, whether legal or illegal, accidents, inability of Landlord to obtain fuel or supplies or any other cause or causes beyond the reasonable control of Landlord. No failure or delay in furnishing any service caused in whole or in part by any one or more of the causes specified hereunder shall result in any liability of Landlord to Tenant, or be deemed to be an eviction or disturbance of Tenant's use and possession of the Leased Premises, or relieve Tenant from its obligation to pay all Rent when due or from any other obligations of Tenant under this Lease.
DELAYS IN FURNISHING SERVICES. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall not be liable for damages for any failure or delay in furnishing any service or utility described in Paragraph 5.1 or 5.2 above if such failure or delay is caused in whole or in part by any one or more of the causes specified in Paragraph 2607 of this Lease. No such failure or delay caused in whole or in part by any one or more of the causes specified in Paragraph 26.7 of this Lease shall result in any liability of Landlord to Tenant or be deemed to be an eviction or disturbance of Tenant's use or possession of the Premises, or relieve Tenant from its obligation to pay all Rent when due or from any other obligation of Tenant under this Lease, except as provided in Paragraph 37 below. Landlord agrees to promptly commence and diligently pursue action to restore any services or utilities interrupted as provided above.
DELAYS IN FURNISHING SERVICES. Landlord does not warrant that any of the above services will be free from interruption caused by war, insurrection, civil commotion, riots, acts of God, or the enemy, governmental action, repairs, mechanical breakdown, renewals, improvements, alterations, strikes, lockouts, picketing, whether legal or illegal, accidents, inability of Landlord to obtain fuel or supplies or any other cause or causes beyond the reasonable control of Landlord. No failure or delay in furnishing any service caused in whole or in part
