Common use of Interruption in Services Clause in Contracts

Interruption in Services. Unless caused by the negligence or willful misconduct of Landlord, Landlord shall not be in default hereunder nor 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 Utilities or Building Services, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by any strike, lockout or other labor trouble; (c) 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; (d) by any accident or casualty; (e) by act or Default by Tenant or other parties; or (f) by any other cause beyond Landlord’s reasonable control. 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 of Utilities or failure to furnish any Building Services. No failure, delay or diminution in Utilities or 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, except for a failure of Landlord to supply Building Services as a result of Landlord’s negligence or willful misconduct that materially interferes with the operation of Tenant’s business, and which would not be covered under a standard business interruption insurance policy. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, 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 of Utilities or failure to furnish Building Services.

Interruption in Services. Unless caused by the negligence or willful misconduct of Landlord, Landlord shall not be in default hereunder nor 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 Utilities or Building Services, including, without limitation, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by any strike, lockout or other labor trouble; (c) 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; (dc) by any accident or casualty; (ed) by act or Default by Tenant or other parties; or (fe) by any other cause beyond Landlord’s reasonable control. 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 of Utilities or failure to furnish any Building ServicesForce Majeure. No failure, delay or diminution in Utilities or 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, except for a failure of Landlord to supply Building Services as a result of Landlord’s Lease unless such interruption is material and caused by the gross negligence or willful misconduct that materially interferes with the operation of Landlord Related Parties and such interruption exceeds seventy-two (72) consecutive hours following Landlord’s receipt of written notice from Tenant, in which case Tenant, as its sole and exclusive remedy, shall receive abatement of Tenant’s business, Base Rent and which would Cost Allocation on an equitable basis to the extent that Tenant cannot be use the Premises for its business operations and that said abatement is covered under a standard business interruption by rent loss insurance policycarried by Landlord. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, 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 failure, delay or diminution of Utilities or failure to furnish any Building Services.

Interruption in Services. Unless caused by the gross negligence or willful misconduct of Landlord, Landlord shall not be in default hereunder nor 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 Utilities or Building Services, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by any strike, lockout or other labor trouble; (c) 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; (d) by any accident or casualty; (e) by act or Default by Tenant or other parties; or (f) by any other cause beyond Landlord’s reasonable control. 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 of Utilities or failure to furnish any Building Services. No failure, delay or diminution in Utilities or 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, except for a failure of Landlord to supply Building Services as a result of Landlord’s negligence or willful misconduct that materially interferes with the operation of Tenant’s business, and which would not be covered under a standard business interruption insurance policy. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, 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 of Utilities or failure to furnish any of the Building Services.

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 in default hereunder nor 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 Utilities or Building Services, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by any strike, lockout or other labor trouble; (c) 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; (dc) by any accident or casualty; (ed) by act or Default by Tenant or other parties; or (fe) by any other cause beyond Landlord’s reasonable controlForce 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 of Utilities or failure to furnish any Building Services. No failure, delay or diminution in Utilities or 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, except for a failure of Landlord to supply Building Services as a result of Landlord’s negligence or willful misconduct that materially interferes with the operation of Tenant’s business, and which would not be covered under a standard business interruption insurance policy. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, 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 of Utilities or 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 ▇▇▇▇▇▇’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.