Common use of Discontinuance of Service Clause in Contracts

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space on not less than 30 days notice to Tenant, if Landlord is required to do so under applicable Requirements. If Landlord is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space to the extent available, suitable and safe for such purposes. All equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale cost and expense of Tenant (to the extent of Landlord’s actual, third party, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect thereto) if (A) Landlord is compelled to discontinue such service by the utility company or pursuant to applicable Requirements, or (B) such discontinuance arises solely out of the acts or omissions of Tenant. Landlord will not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the Americas, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space on the date required as a result of Tenant’s delay or negligence in arranging for service, Tenant’s refusal to provide the utility company or other company with a deposit or other security requested by the utility company, or Tenant’s refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Provided that in all cases a ------------------------- reasonable substitute energy supplier is available for Tenant to contract with directly, Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space Premises on not less than 30 fifteen (15) days notice to Tenant, if Landlord is required to do so under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or and other electricity provider energy supplier serving the Ancillary Space Premises to the extent that the same is available, suitable and safe for such purposes. All equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale sole cost and expense of Tenant (to the extent of a) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect theretoor (b) Tenant, if (A) Landlord is compelled to discontinue such service by the public utility company or pursuant to applicable Requirements, Requirements or (B) if such discontinuance arises solely out of the acts or omissions or otherwise at the request of Tenant. Landlord will shall not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the public utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the public utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s 's delay or negligence in arranging for service, service or Tenant’s 's refusal to provide the utility company or other company with a deposit or other security requested by the utility company, company or Tenant’s 's refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space Premises on not less than 30 60 days notice to Tenant, if Landlord discontinues furnishing electricity to tenants (including Tenant) leasing an aggregate of at least 50% of the rentable area of the Building, or is required to do so under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space Premises. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, at no charge by Landlord, to the extent available, suitable and safe for such purposes. All other equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale sole cost and expense of Tenant (to the extent of a) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect theretoor (b) Tenant, if (Ai) Landlord is compelled to discontinue such service by the public utility company or pursuant to applicable Requirements, Requirements or (Bii) if such discontinuance arises solely out of the acts or of omissions of Tenant. Landlord will shall not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s delay or negligence in arranging for service, service or Tenant’s refusal to provide the utility company or other company with a deposit or other security requested by the utility company, company or other company or Tenant’s refusal to take any other action requested by the utility company or other company. If Landlord discontinues such service, Landlord agrees not to unreasonably withhold its approval of Tenant’s utility company or other company servicing Tenant.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space on Premises at any time upon not less than 30 days sixty (60) days’ prior notice to Tenant, if Landlord Tenant (unless a shorter time is required to do so under applicable Requirementsby Law). If Landlord is compelled to discontinue furnishing electricity to Tenantshall exercise such right of discontinuation, this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that only that, from and after the effective date of such discontinuancetermination, Landlord shall not be obligated to furnish electricity to Tenant hereunderand Tenant shall not be obligated to pay the Electricity Charge to Landlord pursuant to the provisions of Section 8.3 above. If Landlord so discontinues furnishing electricityelectric energy to Tenant, Tenant shall arrange to obtain electricity directly from any utility company or other the Utility Company. Such electricity provider serving may be furnished to Tenant by means of the Ancillary Space then existing Building System feeders, risers and wiring to the extent that the same are available, suitable and safe for such purposes. All If Landlord elects to discontinue furnishing electricity to Tenant other than if required by Law or the Utility Company, Landlord shall install, at Landlord’s expense, all meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electricity directly from such Utility Company, and Tenant shall maintain such installations at Tenant’s expense. Such discontinuance shall not be deemed a lessening or diminution of substantially services within the same quantity, quality and character shall be installed by Landlord at the sale cost and expense meaning of Tenant (any present or future Laws. Notwithstanding anything contained herein to the extent of Landlord’s actualcontrary, third party, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect thereto) if (A) Landlord is compelled shall not be permitted to discontinue such service by the utility company or pursuant to applicable Requirements, or (B) such discontinuance arises solely out of the acts or omissions of Tenant. Landlord will not voluntarily discontinue furnishing electricity to Tenant until in the Premises unless (i) Landlord simultaneously discontinues furnishing electricity to all or most of the other office space in the Building, and (ii) Tenant is able has been given a reasonable period within which to receive obtain electricity directly from the utility company or other company servicing 1270 Avenue of the AmericasUtility Company, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space on the date required as a result of Tenant’s delay or negligence which Tenant shall diligently pursue in arranging for service, Tenant’s refusal to provide the utility company or other company with a deposit or other security requested by the utility company, or Tenant’s refusal to take any other action requested by the utility company or other companygood faith.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space Premises on not less than 30 days notice to Tenant, if Landlord discontinues furnishing electricity to tenants (including Tenant) leasing an aggregate of at least 50% of the rentable area of the Building, or is required to do so under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space Premises. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, at no charge by Landlord, to the extent available, suitable and safe for such purposes. All other equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale sole cost and expense of Tenant (to the extent of a) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect theretoor (b) Tenant, if (Ai) Landlord is compelled to discontinue such service by the public utility company or pursuant to applicable Requirements, 50 Requirements or (Bii) if such discontinuance arises solely out of the acts or of omissions of Tenant. Landlord will shall not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s 's delay or negligence in arranging for service, service or Tenant’s 's refusal to provide the utility company or other company with a deposit or other security requested by the utility company, company or other company or Tenant’s 's refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space on not less than 30 days notice to Tenant, if Landlord is required to do so under applicable Requirements. If Landlord is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space to the extent available, suitable and safe for such purposes. All equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale cost and expense of Tenant (to the extent of Landlord’s actual, third party, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect thereto) if (A) Landlord is compelled to discontinue such service by the utility company or pursuant to applicable Requirements, or (B) such discontinuance arises solely out of the acts or omissions of Tenant. Landlord will not voluntarily discontinue furnishing electricity to Tenant until Tenant Xxxxxx is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the Americas, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space on the date required as a result of Tenant’s delay or negligence in arranging for service, TenantXxxxxx’s refusal to provide the utility company or other company with a deposit or other security requested by the utility company, or Tenant’s refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space Premises on not less than 30 days notice to Tenant, if Landlord discontinues furnishing electricity to tenants (including Tenant) leasing an aggregate of at least 50% of the rentable area of the Building, or is required to do so under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, Landlord shall use commercially reasonable efforts to facilitate Tenant shall arrange to obtain electricity service directly from any an alternate utility company or other electricity provider serving the Ancillary Space Premises to the extent available, suitable and safe for such purposes. All equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale sole cost and expense of Tenant (to the extent of i) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect theretoor (ii) Tenant, if (A) Landlord is compelled to discontinue such service by the utility company or pursuant to applicable Requirements, or (B) such discontinuance arises solely out of the acts or omissions of Tenant. Landlord will not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s delay 's Delay or negligence in arranging for service, Tenant’s 's refusal to provide the utility company or other company with a deposit or other security requested by the utility company, or Tenant’s 's refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Notwithstanding any provision to the contrary contained in this Article 12, Landlord reserves the right to discontinue furnishing electricity all utilities, including, but not limited to electricity, water and gas, to Tenant in the Ancillary Space Premises on not less than 30 thirty (30) days notice to Tenant; provided, if that Landlord is required to do so discontinue furnishing such utility under applicable RequirementsLegal Requirements or Insurance Requirements or for reasons beyond Landlord's control. If Landlord is compelled to discontinue furnishing electricity such utility to Tenant, then this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity such utility to Tenant hereunder. If Landlord so discontinues furnishing electricityany utility, then Tenant shall arrange to obtain electricity such utility directly from any utility company or other electricity provider serving the Ancillary Space Premises to the extent available, suitable and safe for such purposes. All equipment which that may be required to obtain electricity electricity, water or gas, or any other utility, of substantially the same quantity, quality and character shall be installed by Landlord Landlord, at the sale sole cost and expense of Tenant (to the extent of Landlord’s actualLandlord or Tenant, third party, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect thereto) if (A) Landlord is compelled to discontinue such service by the utility company or pursuant to applicable Requirements, or (B) such discontinuance arises solely out of the acts or omissions of Tenant. Landlord will not voluntarily discontinue furnishing electricity any utility to Tenant until Tenant is able to receive electricity such utility directly from the utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the utility company or other company is not prepared to furnish electricity such utility to the 1270 Space Premises on the date required as a result of Tenant’s 's delay or negligence in arranging for service, Tenant’s 's refusal to provide the utility company or other company with a deposit or other security reasonably requested by the utility company, or Tenant’s 's refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space on not less than 30 days notice to Tenant, if Landlord is required to do so under applicable RequirementsPremises. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunderthereby. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space Premises to the extent that the same is available, suitable and safe for such purposes. All equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale sole cost and expense of Tenant (to the extent of i) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect thereto(ii) Tenant, if (A) Landlord is compelled to discontinue such service to a portion or the whole of the Premises (but not to any other space in the Building) by the public utility company or pursuant to applicable Requirements, governmental regulation or (B) law or if such discontinuance arises solely out of the acts of omissions or omissions Tenant, as and to the extent provided in the next succeeding sentence and (iii) Landlord and Tenant in equal shares, if Landlord is compelled to discontinue such service to the entire Building by the public utility or pursuant to government regulation or law, as and to the extent provided in the next succeeding sentence in the case of TenantTenant and subject to recoupment under Article 8 in the case of Landlord. Tenant shall pay to Landlord as Additional Rent in equal monthly installments an amount equal to Landlord's costs in installing all such equipment which may be required for Tenant to obtain electricity amortized at the Interest Rate in effect upon the completion thereof over the useful economic life of the improvements made in connection therewith as reasonably estimated by Landlord, subject to any applicable limitation upon the amount that Tenant is obligated to pay contained in the preceding sentence. Landlord will shall, to the extent permitted by applicable law, not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the public utility company or other company servicing 1270 Avenue of the Americas, Building unless the public utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s 's delay or negligence in arranging for service, service or Tenant’s 's refusal to provide the utility company or other company with a deposit or other security requested by the utility company, company or Tenant’s 's refusal to take any other action actions requested by the utility company or other company.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space Premises on not less than 30 60 days notice to Tenant, if Landlord discontinues furnishing electricity to tenants (including Tenant) leasing an aggregate of at least 50% of the rentable area of the Building, or is required to do so under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunderhereunder and Fixed Rent shall be reduced by an amount equal to the Electrical Inclusion Factor then in effect. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space Premises. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, at no charge by Landlord, to the extent available, suitable and safe for such purposes. All other equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale sole cost and expense of Tenant (to the extent of a) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect theretoor (b) Tenant, if (Ai) Landlord is compelled to discontinue such service by the public utility company or pursuant to applicable Requirements, Requirements or (Bii) if such discontinuance arises solely out of the acts or of omissions of Tenant. Landlord will shall not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s 's delay or negligence in arranging for service, service or Tenant’s 's refusal to provide the utility company or other company with a deposit or other security requested by the utility company, company or other company or Tenant’s 's refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space Premises on not less than 30 days notice to Tenant, if Landlord discontinues furnishing electricity to tenants (including Tenant) leasing an aggregate of at least 50% of the rentable area of the Building, or is required to do so under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space Premises. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, at no charge by Landlord, to the extent available, suitable and safe for such purposes. All other equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord at the sale sole cost and expense of Tenant (to the extent of a) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect theretoor (b) Tenant, if (Ai) Landlord is compelled to discontinue such service by the public utility company or pursuant to applicable Requirements, Requirements or (Bii) if such discontinuance arises solely out of the acts or of omissions of Tenant. Landlord will shall not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s 's delay or negligence in arranging for service, service or Tenant’s 's refusal to provide the utility company or other company with a deposit or other security requested by the utility company, company or other company or Tenant’s 's refusal to take any other action requested by the utility company or other company.

Discontinuance of Service. Notwithstanding any provision to the contrary contained in this Article 17, Landlord reserves the right to discontinue furnishing electricity to Tenant in the Ancillary Space Premises on not less than 30 days notice to Tenant; provided, if that either (a) Landlord discontinues furnishing electricity to tenants (including Tenant) leasing, in the aggregate, not less than at least 50% of the rentable area of the Building, or (b) Landlord is required to do so discontinue furnishing electricity under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, then this Lease shall continue in full force and effect and shall be unaffected thereby thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord so discontinues furnishing electricity, then Tenant shall arrange to obtain electricity directly from any utility company or other electricity provider serving the Ancillary Space Premises to the extent available, suitable and safe for such purposes. All equipment which may be required to obtain electricity of substantially the same quantity, quality and character shall be installed by Landlord Landlord, at the sale sole cost and expense of Tenant (to the extent of i) Landlord’s actual, third partyif Landlord voluntarily discontinues such service, out of pocket costs and provided Landlord furnishes reasonable supporting documentation with respect theretoor (ii) Tenant, if (A) Landlord is compelled to discontinue such service by the utility company or pursuant to applicable Requirements, or (B) such discontinuance arises solely out of the acts or omissions of Tenant. Landlord will not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the utility company or other company servicing 1270 Avenue of the AmericasBuilding, unless the utility company or other company is not prepared to furnish electricity to the 1270 Space Premises on the date required as a result of Tenant’s 's delay or negligence in arranging for service, Tenant’s 's refusal to provide the utility company or other company with a deposit or other security requested by the utility company, or Tenant’s 's refusal to take any other action requested by the utility company or other company. Tenant shall pay all costs and expenses for all electricity consumed on the Premises during the Term, including all amounts payable directly to the electricity provider pursuant to this Section 17.4.