Common use of Interruption in Services Clause in Contracts

Interruption in Services. Notwithstanding any provision of Section 8.3, above, to the contrary, in the event that (i) the supply of hot and cold water, HVAC service, electrical service, and/or (if applicable) elevator service for a minimum of one (1) elevator (each an “Essential Service”) to the Premises is interrupted as a result of the negligence or willful misconduct of Landlord, or its agents, employees or contractors (and not as a result of any cause beyond Landlord’s reasonable control, such as a general electrical outage or blackout), and (ii) such interruption continues for a period exceeding five (5) consecutive business days after Tenant first notifies Landlord of such interruption in writing and (iii) as a result thereof Tenant is unable to and does not in fact conduct business from the Premises or any applicable portion thereof, then from and after such fifth (5th) consecutive business day, Tenant shall be entitled to xxxxx its Base Rent and additional rent obligations hereunder as to the Premises or portion thereof which is not usable (and is in fact not used) until such time as the applicable Essential Service is restored. The foregoing shall constitute Tenant’s sole and exclusive remedy in the event of an interruption of services to the Premises In addition, if Landlord fails promptly to commence, and to use diligent efforts thereafter, to cure (Or to cause the applicable utility provider to cure) the applicable interruption or failure (even if not caused by Landlord’s negligence or misconduct), then Tenant shall have the right to exercise its right of self-help as more fully set forth in Section 34.4, below (subject to any provisions therein requiring notice and the opportunity to cure), and all reasonable expenses incurred by Tenant in the exercise of such right shall be recoverable by Tenant from Landlord.

Interruption in Services. Notwithstanding any provision of Section 8.3, above, to the contrarycontrary notwithstanding, in the event that (i) the supply of hot and cold water, HVAC serviceService, electrical service, electricity and/or (if applicable) elevator service for a minimum of one (1) elevator (hereinafter, each an “"Essential Service”" and collectively "Essential Services") to the Premises is interrupted as a result of the negligence or willful misconduct of Landlord, or its agents, employees or contractors (and not as a result of any cause beyond Landlord’s 's reasonable control, such as a general electrical outage or blackout), and (ii) such interruption continues for a period exceeding five two (52) consecutive business days after Tenant first notifies Landlord of such interruption in writing interruption, and (iii) as a result thereof Tenant is unable to and does not in fact conduct business from the Premises or any applicable portion thereof, then from and after such fifth third (5th3rd) consecutive business day, Tenant shall be entitled to xxxxx its Base Rent and additional rent obligations hereunder as to the Premises or portion thereof which is not usable (and is in fact not used) until such time as the applicable Essential Service is Service(s) are restored. The foregoing shall constitute Tenant’s 's sole and exclusive remedy in the event of an interruption of services to the Premises Premises. In addition, if Landlord fails promptly to commence, and to use diligent efforts thereafter, to cure (Or or to cause the applicable utility provider to cure) the applicable interruption or failure (even if not caused by Landlord’s 's negligence or misconduct), then Tenant shall have the right to exercise its right of self-help as more fully set forth in Section 34.434, below (subject to any provisions therein requiring notice and the opportunity to cure), and all reasonable expenses incurred by Tenant in the exercise of such right shall be recoverable by Tenant from Landlord.

Interruption in Services. Notwithstanding any provision of Section 8.3, above, to the contrarycontrary notwithstanding, in the event that (i) the supply of hot and cold water, HVAC service, electrical service, and/or (if applicable) service or elevator service for a minimum of one (1) elevator (hereinafter, each an “"Essential Service”" and collectively "Essential Services") to the Premises is interrupted as a result of the negligence or willful misconduct of Landlord, or its agents, employees or contractors (and not as a result of any cause beyond Landlord’s 's reasonable control, such as a general electrical outage or blackout, or due to Tenant's fault), and (ii) such interruption continues for a period exceeding five seventy-two (572) consecutive business days hours after Tenant first notifies Landlord of such interruption in writing interruption, and (iii) as a result thereof Tenant is unable to and does not in fact conduct business from the Premises or any applicable portion thereof, then from and after such fifth seventy-second (5th72nd) consecutive business dayhour, Tenant shall be entitled to xxxxx its abatx xxx Base Rent and additional rent obligations hereunder as to the Premises or portion thereof which is not usable (and is in fact not used) until such time as the applicable Essential Service is Service(s) are restored. The foregoing shall constitute Tenant’s 's sole and exclusive remedy in the event of an interruption of services to the Premises In additionand in no event shall Landlord be liable or responsible to Tenant for lost profits, other business interruption losses or consequential damages of any kind, provided that if Landlord fails promptly to commence, and to use diligent efforts thereafter, to cure (Or or to cause the applicable utility provider to cure) the applicable interruption or failure (even if not caused by Landlord’s 's negligence or misconduct), then Tenant shall have the right to exercise its right of self-help as more fully set forth in Section 34.434, below (subject to any provisions therein requiring notice and the opportunity to cure), and all reasonable expenses incurred by Tenant in the exercise of such right shall be recoverable by Tenant from Landlord.

Interruption in Services. Notwithstanding any provision of Section 8.3, above, to the contrary, in the event that (ii)(A) the supply of hot and cold water, HVAC service, service and/or electrical service, and/or (if applicable) elevator or gas service for a minimum of one (1) elevator (each an “"Essential Service”") to the Premises is interrupted as a result of the negligence or willful misconduct of Landlord, or its agents, employees or contractors (and not as a result of any cause beyond Landlord’s 's reasonable control, such as a general electrical outage or blackout), or (B) Landlord negligently or willfully fails to perform maintenance and repair work as required hereunder and (ii) such interruption or failure to make the requisite repairs continues for a period exceeding five (5) consecutive business days after Tenant first notifies Landlord of such interruption or failure in writing writing, and (iii) as a result thereof Tenant is unable to and does not in fact conduct business from the Premises or any applicable portion thereof, then from and after such fifth (5th) consecutive business day, Tenant shall be entitled to xxxxx its abatx xxx Base Rent and additional rent obligations hereunder as to the Premises or portion thereof which is not usable (and is in fact not used) until such time as the applicable Essential Service is restoredrestored or the requisite repairs are made. The foregoing shall constitute Tenant’s 's sole and exclusive remedy in the event of an interruption of services to the Premises Premises. In addition, if Landlord fails promptly to commence, and to use diligent efforts thereafter, to cure (Or or to cause the applicable utility provider to cure) the applicable interruption or failure (even if not caused by Landlord’s 's negligence or misconduct), then Tenant shall have the right to exercise its right of self-help as more fully set forth in Section 34.4, below (subject to any provisions therein requiring notice and the opportunity to cure), and all reasonable expenses incurred by Tenant in the exercise of such right shall be recoverable by Tenant from Landlord.

Interruption in Services. Notwithstanding any provision of Section 8.3, above, to the contrarycontrary notwithstanding, in the event that (i) the supply of hot and cold water, HVAC serviceService, electrical service, electricity and/or (if applicable) elevator service for a minimum of one (1) elevator (hereinafter, each an “"Essential Service”" and collectively "Essential Services") to the Premises is interrupted as a result of the negligence or willful misconduct of Landlord, or its agents, employees or contractors (and not as a result of any cause beyond Landlord’s 's reasonable control, such as a general electrical outage or blackout), and (ii) such interruption continues for a period exceeding five (5) consecutive business days after Tenant first notifies Landlord of such interruption in writing interruption, and (iii) as a result thereof Tenant is unable to and does not in fact conduct business from the Premises or any applicable portion thereof, then from and after such fifth (5th) consecutive business day, Tenant shall be entitled to xxxxx its Base Rent and additional rent obligations hereunder as to the Premises or portion thereof which is not usable (and is in fact not used) until such time as the applicable Essential Service is Service(s) are restored. The foregoing shall constitute Tenant’s 's sole and exclusive remedy in the event of an interruption of services to the Premises Premises. In addition, if Landlord fails promptly to commence, and to use diligent efforts thereafter, to cure (Or or to cause the applicable utility provider to cure) the applicable interruption or failure (even if not caused by Landlord’s 's negligence or misconduct), then Tenant shall have the right to exercise its right of self-help as more fully set forth in Section 34.434, below (subject to any provisions therein requiring notice and the opportunity to cure), and all reasonable expenses incurred by Tenant in the exercise of such right shall be recoverable by Tenant from Landlord.