Common use of Interruption in Services Clause in Contracts

Interruption in Services. Unless caused by the gross negligence or willful misconduct of Landlord, or Landlord’s breach of its obligations under this Lease, Landlord shall not be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated, for any interruption of or diminution in the quality or quantity of Building Services, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, or other form of energy serving the Premises, the Building or the Project; (c) by any accident or casualty; (d) by act or Default by Tenant or other parties; or (e) by Force Majeure. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any Building Services. No failure, delay or diminution in Building Services shall ever be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to, or interference with, Xxxxxx’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the Building Services. Notwithstanding the foregoing provisions of this Section 8.2 of any other provision in the Lease, if without the fault or neglect of Tenant, the Premises is rendered Unusable for a period of five (5) consecutive Business Days by reason of any failure, delay or diminution in Building Services caused by Landlord’s gross negligence or willful misconduct, then for the period commencing on the sixth (6th) consecutive Business Day that the Premises is Unusable and Tenant shall have given Landlord notice of the same, Base Rent and Xxxxxx’s Cost Allocation shall be abated for such time as Tenant continues to be prevented from using, and does not use, the Premises. The abatement of Base Rent and Tenant’s Cost Allocation shall be Tenant’s sole remedy in the event the Premises is so rendered Unusable. “Unusable” means that Tenant shall be unable to occupy, and shall not be occupying, the Premises, or Tenant is prevented from using, and does not use, the Premises for the normal conduct of Tenant’s business. Nothing contained in this Section 8.2 shall be deemed to grant Tenant any rent abatement for an interruption or stoppage in Building Services to the Premises arising by reason of any cause other than Landlord’s gross negligence or willful misconduct.

Interruption in Services. Unless caused by the gross negligence or willful misconduct of Landlord, or Landlord’s breach of its obligations under this Lease, Tenant agrees that Landlord shall not be ------------------------ liable to Tenant for its failure to furnish gas, electricity, telephone service, water, HVAC or any damages directly other utility services or indirectly resulting from, nor shall the Rent be abated, for any interruption of or diminution in the quality or quantity of Building Services, building services when the same such failure is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) , by any strike, lockout or other labor trouble, by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, telephone service or other form of energy serving utility at the PremisesBuilding, the Building or the Project; (c) by any accident accident, casualty or casualty; (d) event arising from any cause whatsoever, including the negligence of Landlord, its employees, agents and contractors, by act act, negligence or Default by default of Tenant or any other parties; person or (e) entity, or by Force Majeure. Landlord any other cause including bomb scares, and such failures shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any Building Services. No failure, delay or diminution in Building Services shall ever never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Leased Premises or relieve Tenant from the obligation of paying Rent rent or performing any of its obligations under this Lease. Furthermore, subject to the provisions contained in the last sentence of this Section 4(c) Landlord shall not be liable under any circumstances for loss of, or injury to, of property or for injury to, or interference with, Xxxxxx’s Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any such services or utilities. Landlord may comply with voluntary controls or guidelines promulgated by any governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the Building Servicesreduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing provisions of this Section 8.2 of any other provision in the Leaseforegoing, if without the fault or neglect any interruption of Tenant, the Premises is rendered Unusable service shall continue for a period of more than five (5) consecutive Business Days by reason of business days and shall render all or any failure, delay or diminution in Building Services caused by Landlord’s gross negligence or willful misconduct, then for the period commencing on the sixth (6th) consecutive Business Day that the Premises is Unusable and Tenant shall have given Landlord notice portion of the same, Base Rent and Xxxxxx’s Cost Allocation shall be abated for such time as Tenant continues to be prevented from using, and does not use, the Premises. The abatement of Base Rent and Tenant’s Cost Allocation shall be Tenant’s sole remedy in the event the Leased Premises is so rendered Unusable. “Unusable” means that Tenant shall be unable to occupy, and shall not be occupying, the Premises, unusable or Tenant is prevented from using, and does not use, the Premises inaccessible for the normal conduct of Tenant’s 's business, and if Tenant does not in fact use or occupy such portion of the Leased Premises, then all Basic Rent and Additional Charges payable hereunder with respect to such portion of the Leased Premises which Tenant does not occupy shall be abated from the date of such interruption until full use of such portion of the Leased Premises is restored to Tenant. Nothing contained in this Section 8.2 the Lease shall be deemed to grant Tenant any rent abatement release Landlord from liability for an interruption or stoppage in Building Services to damages arising from the Premises arising by reason of any cause other than Landlord’s gross negligence or willful misconductmisconduct of Landlord, or its employees, agents and contractors.

Interruption in Services. Unless caused by the gross negligence or willful misconduct of LandlordExcept as expressly provided below in this subparagraph (c), or Landlord’s breach of its obligations under this Lease, Tenant agrees that Landlord shall not be liable to Tenant for its failure to furnish gas, electricity, elevator, telephone service, water, HVAC or any damages directly other utility services or indirectly resulting from, nor shall the Rent be abated, for any interruption of or diminution in the quality or quantity of Building Services, building services when the same such failure is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) , by any strike, lockout or other labor trouble, by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, telephone service or other form of energy serving utility at the PremisesBuilding, the Building or the Project; (c) by any accident accident, casualty or casualty; (d) event arising from any cause whatsoever, including the negligence of Landlord, its employees, agents and contractors, by act act, negligence or Default by default of Tenant or any other parties; person or (e) entity, or by Force Majeure. Landlord an other cause, including bomb scares, and such failures shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any Building Services. No failure, delay or diminution in Building Services shall ever be deemed to constitute an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or relieve Tenant from the obligation of paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, of property or for injury to, or interference with, XxxxxxTenant’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any such services or utilities. Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any governmental entity or utility provider relating to the use or conservation of energy, water, gas, light or electricity or the Building Servicesreduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing provisions of this Section 8.2 of any other provision in the Leaseforegoing, if without there is a failure by Landlord to furnish the fault utilities or neglect services specified above, which failure: (i) interferes substantially with or prevents Tenant’s use of Tenantthe Leased Premises or any material part thereof, (ii) is caused by the Premises is rendered Unusable negligence or willful misconduct of Landlord, and (iii) continues for a period of five (5) consecutive Business Days by reason of days (any failuresuch failure that satisfies all three (3) criteria specified in (i) through (iii) above, delay or diminution being referred to herein as a “Substantial Interference”), then, as Tenant’s sole and exclusive remedy in Building Services caused connection with any such failure by Landlord’s gross negligence or willful misconduct, then the Basic Rent shall xxxxx for the period commencing beginning on the sixth (6th) consecutive Business Day that day following such interruption and continuing until such Substantial Interference is remedied, based upon the Premises is Unusable and Tenant shall have given Landlord notice portion or portions of the same, Base Rent and Xxxxxx’s Cost Allocation shall be abated for Leased Premises rendered unusable by such time as Tenant continues to be prevented from using, and does not use, the Premises. The abatement of Base Rent and Tenant’s Cost Allocation shall be Tenant’s sole remedy in the event the Premises is so rendered Unusable. “Unusable” means that Tenant shall be unable to occupy, and shall not be occupying, the Premises, Substantial Interference with utilities or Tenant is prevented from using, and does not use, the Premises for the normal conduct of Tenant’s business. Nothing contained in this Section 8.2 shall be deemed to grant Tenant any rent abatement for an interruption or stoppage in Building Services to the Premises arising by reason of any cause other than Landlord’s gross negligence or willful misconductservices.

Interruption in Services. Unless caused by the gross negligence Except as expressly provided below or willful misconduct of Landlord, or Landlord’s breach of its obligations under as otherwise provided in this Lease, failure by Landlord shall not be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated, for any interruption of or diminution in the quality or quantity of Building Services, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, or other form of energy serving the Premises, the Building or the Project; (c) by any accident or casualty; (d) by act or Default by Tenant or other parties; or (e) by Force Majeure. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any Building Services. No failure, delay or diminution in Building Services shall ever be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to, or interference with, Xxxxxx’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the Building Services. Notwithstanding facilities, utilities or services required to be provided by Landlord hereunder, or any cessation in the foregoing provisions furnishing of this Section 8.2 same, shall not render Landlord liable in any respect for damages, nor be construed as an eviction by Landlord, nor work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereunder; provided that in any such event Landlord shall exercise best efforts to remove the cause of the failure or cessation and restore the service promptly. If for any reason or cause of any kind or nature whatsoever, other provision than any governmentally mandated energy or utility conservation program or any damage to the Premises or the Building or Building Systems caused by Tenant willfully, the Premises or any part thereof shall become untenantable as a result of any such failure or cessation and such condition shall continue for at least three (3) full consecutive business days after Tenant shall notify Landlord of such condition, then all Rent shall xxxxx as to such untenantable portion from, after and including the later of (a) the inception of such condition, or (b) the date occurring ten (10) days prior to the commencement of such three (3) day period, until such time as the same becomes tenantable again, provided that if Tenant shall, or could without unreasonable adverse effect on Tenant’s operations, continue to occupy and use such untenantable portion of the Premises such Rent shall xxxxx only to the extent fair and equitable under the circumstances. In the event that more than one-fourth (1/4) of the Rentable Area in the Lease, if without the fault or neglect of Tenant, the Premises is rendered Unusable for untenantable as a period of five (5) consecutive Business Days by reason result of any failure, delay such failure or diminution in Building Services cessation and such condition shall continue for more than one hundred eighty (180) days for any reason other than any governmentally mandated energy or utility conservation program or damage by fire or other casualty not caused by Landlord’s gross negligence Landlord or willful misconductTenant willfully, then for the period commencing on the sixth (6th) consecutive Business Day that the Premises is Unusable and Tenant shall have given Landlord the right to cancel this Lease as to either the entire Premises or the portion rendered untenantable provided notice of such cancellation is given to Landlord prior to the same, Base Rent entire Premises being rendered tenantable. Without limiting the generality of the term “untenantable,” any portion of the Premises (y) which is not in whole or in part served with any facilities and Xxxxxx’s Cost Allocation shall be abated for such time as Tenant continues services which are required to be prevented from using, provided by Landlord under this Lease and does not use, which are reasonably necessary to the Premises. The abatement operation of Base Rent and Tenant’s Cost Allocation shall be Tenant’s sole remedy in the event the Premises is so rendered Unusable. “Unusable” means that Tenant shall be unable to occupy, and shall not be occupying, business from the Premises, or (z) the practical use and enjoyment of which by Tenant is prevented from using, and does not use, the Premises for the normal conduct purposes set forth in Section 3.1 shall be materially adversely effected by reason of Tenant’s business. Nothing contained or in this Section 8.2 connection with the interruption or cessation of any such facilities, utilities, or services, shall be deemed to grant be untenantable regardless of whether Tenant continues to occupy and use such Floor or any rent abatement for an interruption or stoppage in Building Services to the Premises arising by reason of any cause other than Landlord’s gross negligence or willful misconductportion thereof.

Interruption in Services. Unless caused by the gross negligence Except as expressly provided below or willful misconduct of Landlord, or Landlord’s breach of its obligations under as otherwise provided in this Lease, failure by Landlord shall not be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated, for any interruption of or diminution in the quality or quantity of Building Services, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, or other form of energy serving the Premises, the Building or the Project; (c) by any accident or casualty; (d) by act or Default by Tenant or other parties; or (e) by Force Majeure. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any Building Services. No failure, delay or diminution in Building Services shall ever be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to, or interference with, Xxxxxx’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the Building Services. Notwithstanding facilities, utilities or services required to be provided by Landlord hereunder, or any cessation in the foregoing provisions furnishing of this Section 8.2 same, shall not render Landlord liable in any respect for damages, nor be construed as an eviction by Landlord, nor work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereunder; provided that in any such event Landlord shall exercise best efforts to remove the cause of the failure or cessation and restore the service promptly. If for any reason or cause of any kind or nature whatsoever, other provision than any governmentally mandated energy or utility conservation program or any damage to the Premises or the Building or Building Systems caused by Tenant willfully, the Premises or any part thereof shall become untenantable as a result of any such failure or cessation and such condition shall continue for at least three (3) full consecutive business days after Tenant shall notify Landlord of such condition, then all Rent shall xxxxx as to such untenantable portion from, after and including the later of (a) the inception of such condition, or (b) the date occurring ten (10) days prior to the commencement of such three (3) day period, until such time as the same becomes tenantable again, provided that if Tenant shall, or could without unreasonable adverse effect on Tenant's operations, continue to occupy and use such untenantable portion of the Premises such Rent shall xxxxx only to the extent fair and equitable under the circumstances. In the event that more than one-fourth (1/4) of the Rentable Area in the Lease, if without the fault or neglect of Tenant, the Premises is rendered Unusable for untenantable as a period of five (5) consecutive Business Days by reason result of any failure, delay such failure or diminution in Building Services cessation and such condition shall continue for more than one hundred eighty (180) days for any reason other than any governmentally mandated energy or utility conservation program or damage by fire or other casualty not caused by Landlord’s gross negligence Landlord or willful misconductTenant willfully, then for the period commencing on the sixth (6th) consecutive Business Day that the Premises is Unusable and Tenant shall have given Landlord the right to cancel this Lease as to either the entire Premises or the portion rendered untenantable provided notice of such cancellation is given to Landlord prior to the same, Base Rent entire Premises being rendered tenantable. Without limiting the generality of the term "untenantable," any portion of the Premises (y) which is not in whole or in part served with any facilities and Xxxxxx’s Cost Allocation shall be abated for such time as Tenant continues services which are required to be prevented provided by Landlord under this Lease and which are reasonably necessary to the operation of Tenant's business from using, and does not use, the Premises. The abatement of Base Rent and Tenant’s Cost Allocation shall be Tenant’s sole remedy in the event the Premises is so rendered Unusable. “Unusable” means that Tenant shall be unable to occupy, and shall not be occupying, the Premises, or (z) the practical use and enjoyment of which by Tenant is prevented from using, and does not use, the Premises for the normal conduct purposes set forth in Section 3.1 shall be materially adversely effected by reason of Tenant’s business. Nothing contained or in this Section 8.2 connection with the interruption or cessation of any such facilities, utilities, or services, shall be deemed to grant be untenantable regardless of whether Tenant continues to occupy and use such Floor or any rent abatement for an interruption or stoppage in Building Services to the Premises arising by reason of any cause other than Landlord’s gross negligence or willful misconductportion thereof.

Interruption in Services. Unless caused by the gross negligence or willful misconduct of Landlord, or Landlord’s breach of its obligations under this Lease, Tenant agrees that Landlord shall not ------------------------ be liable to Tenant for its failure to furnish gas, electricity, telephone service, water, HVAC or any damages directly other utility services or indirectly resulting from, nor shall the Rent be abated, for any interruption of or diminution in the quality or quantity of Building Services, building services when the same such failure is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) , by any strike, lockout or other labor trouble, by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, telephone service or other form of energy serving utility at the PremisesBuilding, the Building or the Project; (c) by any accident accident, casualty or casualty; (d) event arising from any cause whatsoever, including the negligence of Landlord, its employees, agents and contractors, by act act, negligence or Default by default of Tenant or any other parties; person or (e) entity, or by Force Majeure. Landlord an other cause, including bomb scares, and such failures shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any Building Services. No failure, delay or diminution in Building Services shall ever never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Leased Premises or relieve Tenant from the obligation of paying Rent rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, of property or for injury to, or interference with, Xxxxxx’s Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any such services or utilities. Landlord may comply with voluntary controls or guidelines promulgated by any governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the Building Servicesreduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing provisions of this Section 8.2 of any other provision in the Leaseforegoing, if without the fault or neglect any interruption of Tenant, the Premises is rendered Unusable service shall continue for a period of more than five (5) consecutive Business Days by reason of business days and shall render all or any failure, delay or diminution in Building Services caused by Landlord’s gross negligence or willful misconduct, then for the period commencing on the sixth (6th) consecutive Business Day that the Premises is Unusable and Tenant shall have given Landlord notice portion of the same, Base Rent and Xxxxxx’s Cost Allocation shall be abated for such time as Tenant continues to be prevented from using, and does not use, the Premises. The abatement of Base Rent and Tenant’s Cost Allocation shall be Tenant’s sole remedy in the event the Leased Premises is so rendered Unusable. “Unusable” means that Tenant shall be unable to occupy, and shall not be occupying, the Premises, unusable or Tenant is prevented from using, and does not use, the Premises inaccessible for the normal conduct of Tenant’s 's business. Nothing contained , and if Tenant does not in this Section 8.2 fact use or occupy such portion of the Leased Premises, then all Basic Rent and Additional Charges payable hereunder with respect to such portion of the Leased Premises which Tenant does not occupy shall be deemed abated from and after such fifth (5th) business day until full use of such portion of the Leased Premises is restored to grant Tenant any rent abatement for an interruption or stoppage in Building Services to the Premises arising by reason of any cause other than Landlord’s gross negligence or willful misconductTenant.