Common use of Interruption in Services Clause in Contracts

Interruption in Services. If any of the services Landlord is required to furnish hereunder are interrupted, Landlord will use reasonable diligence to restore the services promptly, but (except as otherwise provided in this paragraph) Tenant will have no claim for rebate of Rent, damages (including damages for business interruption) or eviction on account thereof. Notwithstanding the foregoing, subject to Article 11 and Article 12, if any portion of the Premises becomes unfit for occupancy because Landlord provides no access or no water, electricity, elevator service, lavatory service, air conditioning service or hearing service (individually, an “Essential Service” and collectively, the “Essential Services”) to the Premises (or any portion thereof) for a period in excess of three (3) consecutive Business Days, and the lack of such Essential Service prevents Tenant from making reasonable use of the Premises (or any portion thereof) for the purpose intended by Tenant, then Tenant shall be entitled to a day-for-day abatement of Rent for each consecutive day (after such 3 Business Day period) that Landlord fails to deliver the Essential Service. In addition, if (i) the Essential Service is not restored within one hundred eighty (180) days after such Essential Service is interrupted; and (ii) the lack of such Essential Service prevents Tenant from making reasonable use of the Premises (or any portion thereof) for the purpose intended by Tenant, then Tenant may terminate this Lease by giving written notice thereof to Landlord prior to the date on which the Essential Service is restored. Anything herein to the contrary notwithstanding, there shall be no such abatement of Rent if Landlord’s inability to provide such Essential Services is caused by misuse or neglect of Tenant or Tenant’s agents, employees or invitees.

Interruption in Services. If Landlord shall not be liable for damages to either persons or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement o£ Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of (i) failure of Landlord to furnish any of the services listed in Section 4.1 above due to causes or circumstances beyond Landlord’s reasonable control, (ii) breakdown of equipment or machinery utilized in supplying services due to causes or circumstances beyond Landlord’s reasonable control, or (iii) cessation or interruption of services due to causes or circumstances beyond Landlord’s reasonable control. Landlord is required to furnish hereunder are interrupted, Landlord will shall use reasonable diligence to restore make such repairs as may be required to machinery or equipment within the services promptlyBuilding, but (except as otherwise provided in this paragraph) Tenant will have no claim for rebate to provide restoration of Rentservices, damages (including damages for business interruption) where the cessation or eviction on account interruption of service has occurred due to circumstances or conditions beyond the Building boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. Notwithstanding anything to the foregoing, subject to Article 11 and Article 12contrary contained in this Lease, if any portion of the Premises becomes unfit should become not reasonably suitable for occupancy because Landlord provides no access Tenant’s use as a consequence of cessation of utilities or no water, electricity, elevator service, lavatory service, air conditioning service or hearing service (individually, an “Essential Service” and collectively, the “Essential Services”) services required to be provided to the Premises (by Landlord, the cessation occurs as the result of the negligence or any portion thereof) for a period in excess willful misconduct of three (3) consecutive Business DaysLandlord or Landlord’s Parties, and the lack of such Essential Service prevents Tenant from making reasonable interference with Tenant’s use of the Premises persists for ten (or any portion 10) consecutive calendar days, and Tenant does not use the Premises as a result thereof) for the purpose intended by Tenant, then Tenant shall be entitled to a day-for-day an equitable abatement of Rent for each consecutive day (after such 3 Business Day period) that Landlord fails to deliver the Essential Service. In addition, if (i) extent of the Essential Service is not restored within one hundred eighty (180) days after such Essential Service is interrupted; and (ii) the lack of such Essential Service prevents Tenant from making reasonable interference with Tenant’s use of the Premises (or any portion thereof) for the purpose intended by Tenant, then Tenant may terminate this Lease by giving written notice thereof to Landlord prior to the date on which the Essential Service is restored. Anything herein to the contrary notwithstanding, there shall be no such abatement of Rent if Landlord’s inability to provide such Essential Services is caused by misuse or neglect of Tenant or Tenant’s agents, employees or inviteesoccasioned thereby.

Interruption in Services. If Landlord shall not be liable for damages to either persons or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement of Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of (i) failure of Landlord to furnish any of the services listed in Section 4.1 above due to causes or circumstances beyond Landlord’s reasonable control, (ii) breakdown of equipment or machinery utilized in supplying services due to causes or circumstances beyond Landlord’s reasonable control, or (iii) cessation or interruption of services due to causes or circumstances beyond Landlord’s reasonable control. Landlord is required to furnish hereunder are interrupted, Landlord will shall use reasonable diligence to restore make such repairs as may be required to machinery or equipment within the services promptlyBuilding, but (except as otherwise provided in this paragraph) Tenant will have no claim for rebate to provide restoration of Rentservices, damages (including damages for business interruption) where the cessation or eviction on account interruption of service has occurred due to circumstances or conditions beyond the Building boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. Notwithstanding anything to the foregoing, subject to Article 11 and Article 12contrary contained in this Lease, if any portion of the Premises becomes unfit should become not reasonably suitable for occupancy because Landlord provides no access Tenant’s use as a consequence of cessation of utilities or no water, electricity, elevator service, lavatory service, air conditioning service or hearing service (individually, an “Essential Service” and collectively, the “Essential Services”) services required to be provided to the Premises (by Landlord, the cessation occurs as the result of the negligence or any portion thereof) for a period in excess willful misconduct of three (3) consecutive Business DaysLandlord or Landlord’s Parties, and the lack of such Essential Service prevents Tenant from making reasonable interference with Tenant’s use of the Premises persists for ten (or any portion 10) consecutive calendar days, and Tenant does not use the Premises as a result thereof) for the purpose intended by Tenant, then Tenant shall be entitled to a day-for-day an equitable abatement of Rent for each consecutive day (after such 3 Business Day period) that Landlord fails to deliver the Essential Service. In addition, if (i) extent of the Essential Service is not restored within one hundred eighty (180) days after such Essential Service is interrupted; and (ii) the lack of such Essential Service prevents Tenant from making reasonable interference with Tenant’s use of the Premises (or any portion thereof) for the purpose intended by Tenant, then Tenant may terminate this Lease by giving written notice thereof to Landlord prior to the date on which the Essential Service is restored. Anything herein to the contrary notwithstanding, there shall be no such abatement of Rent if Landlord’s inability to provide such Essential Services is caused by misuse or neglect of Tenant or Tenant’s agents, employees or inviteesoccasioned thereby.