Common use of Interruption in Services Clause in Contracts

Interruption in Services. Tenant agrees that Landlord shall not be ------------------------ liable to Tenant for its failure to furnish gas, electricity, telephone service, water, HVAC or any other utility services or building services when such failure is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, telephone service or other utility at the Building, by any accident, casualty or event arising from any cause whatsoever, including the negligence of Landlord, its employees, agents and contractors, by act, negligence or default of Tenant or any other person or entity, or by any other cause including bomb scares, and such failures shall never be deemed to constitute an eviction 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, 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 property or for injury to, or interference with, 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 reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing, if any interruption of service shall continue for more than five (5) consecutive business days and shall render all or any portion of the Leased Premises unusable or inaccessible for the normal conduct of Tenant'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 in the Lease shall be deemed to release Landlord from liability for damages arising from the gross negligence or willful misconduct of Landlord, or its employees, agents and contractors.

Interruption in Services. Tenant agrees that Except as expressly provided below or as otherwise provided in this Lease, failure by Landlord to furnish any of the facilities, utilities or services required to be provided by Landlord hereunder, or any cessation in the furnishing of same, shall not render Landlord liable in any respect for damages, nor be ------------------------ liable to Tenant for its failure to furnish gas, electricity, telephone service, water, HVAC or any other utility services or building services when such failure is occasioned, in whole or in part, construed as an eviction by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, telephone service or other utility at the Building, by any accident, casualty or event arising from any cause whatsoever, including the negligence of Landlord, its employeesnor work an abatement of rent, agents and contractors, by act, negligence or default of Tenant or any other person or entity, or by any other cause including bomb scares, and such failures shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Leased Premises or 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 obligation cause of paying rent the failure or performing cessation and restore the service promptly. If for any reason or cause of its obligations under this Lease. Furthermoreany kind or nature whatsoever, subject other than any governmentally mandated energy or utility conservation program or any damage to the provisions contained 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ 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 last sentence Premises is rendered untenantable as a result of this Section 4(c) Landlord shall not be liable under any circumstances for loss of property or for injury to, or interference with, 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 failure 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 reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing, if any interruption of service cessation and such condition shall continue for more than five one hundred eighty (5180) consecutive business days and for any reason other than any governmentally mandated energy or utility conservation program or damage by fire or other casualty not caused by Landlord or Tenant willfully, Tenant shall render all have 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 entire Premises being rendered tenantable. Without limiting the generality of the term "untenantable," any portion of the Leased Premises unusable (y) which is not in whole or inaccessible for in part served with any facilities and services which are required to be provided by Landlord under this Lease and which are reasonably necessary to the normal conduct operation of Tenant's business, and if Tenant does not in fact use or occupy such portion of business from the Leased Premises, then all Basic Rent or (z) the practical use and Additional Charges payable hereunder with respect to such portion enjoyment of which by Tenant for the Leased Premises which Tenant does not occupy purposes set forth in Section 3.1 shall be abated from materially adversely effected by reason of or in connection with the date interruption or cessation of any such interruption until full use of such portion of the Leased Premises is restored to Tenant. Nothing in the Lease facilities, utilities, or services, shall be deemed to release Landlord from liability for damages arising from the gross negligence be untenantable regardless of whether Tenant continues to occupy and use such Floor or willful misconduct of Landlord, or its employees, agents and contractorsany portion thereof.

Interruption in Services. Tenant agrees that Except as expressly provided below or as otherwise provided in this Lease, failure by Landlord to furnish any of the facilities, utilities or services required to be provided by Landlord hereunder, or any cessation in the furnishing of same, shall not render Landlord liable in any respect for damages, nor be ------------------------ liable to Tenant for its failure to furnish gas, electricity, telephone service, water, HVAC or any other utility services or building services when such failure is occasioned, in whole or in part, construed as an eviction by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, telephone service or other utility at the Building, by any accident, casualty or event arising from any cause whatsoever, including the negligence of Landlord, its employeesnor work an abatement of rent, agents and contractors, by act, negligence or default of Tenant or any other person or entity, or by any other cause including bomb scares, and such failures shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Leased Premises or 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 obligation cause of paying rent the failure or performing cessation and restore the service promptly. If for any reason or cause of its obligations under this Lease. Furthermoreany kind or nature whatsoever, subject other than any governmentally mandated energy or utility conservation program or any damage to the provisions contained 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ 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 last sentence Premises is rendered untenantable as a result of this Section 4(c) Landlord shall not be liable under any circumstances for loss of property or for injury to, or interference with, 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 failure 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 reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing, if any interruption of service cessation and such condition shall continue for more than five one hundred eighty (5180) consecutive business days and for any reason other than any governmentally mandated energy or utility conservation program or damage by fire or other casualty not caused by Landlord or Tenant willfully, Tenant shall render all have 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 entire Premises being rendered tenantable. Without limiting the generality of the term “untenantable,” any portion of the Leased Premises unusable (y) which is not in whole or inaccessible in part served with any facilities and services which are required to be provided by Landlord under this Lease and which are reasonably necessary to the operation of Tenant’s business from the Premises, or (z) the practical use and enjoyment of which by Tenant for the normal conduct of Tenant's business, and if Tenant does not purposes set forth 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 Section 3.1 shall be abated from materially adversely effected by reason of or in connection with the date interruption or cessation of any such interruption until full use of such portion of the Leased Premises is restored to Tenant. Nothing in the Lease facilities, utilities, or services, shall be deemed to release Landlord from liability for damages arising from the gross negligence be untenantable regardless of whether Tenant continues to occupy and use such Floor or willful misconduct of Landlord, or its employees, agents and contractorsany portion thereof.

Interruption in Services. Tenant agrees that Landlord shall not ------------------------ be ------------------------ liable to Tenant for its failure to furnish gas, electricity, telephone service, water, HVAC or any other utility services or building services when such failure is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, telephone service or other utility at the Building, by any accident, casualty or event arising from any cause whatsoever, including the negligence of Landlord, its employees, agents and contractors, by act, negligence or default of Tenant or any other person or entity, or by any an other cause cause, including bomb scares, and such failures shall never be deemed to constitute an eviction 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, 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 property or for injury to, or interference with, 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 reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing, if any interruption of service shall continue for more than five (5) consecutive business days and shall render all or any portion of the Leased Premises unusable or inaccessible for the normal conduct of Tenant'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 and after such interruption fifth (5th) business day until full use of such portion of the Leased Premises is restored to Tenant. Nothing in the Lease shall be deemed to release Landlord from liability for damages arising from the gross negligence or willful misconduct of Landlord, or its employees, agents and contractors.