Common use of Interruption in Services Clause in Contracts

Interruption in Services. Except as expressly provided below in this subparagraph (c), Tenant agrees that Landlord shall not be liable to Tenant for its failure to furnish gas, electricity, elevator, 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 an other cause, including bomb scares, and such failures shall not 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 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 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 reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing, if there is a failure by Landlord to furnish the utilities or services specified above, which failure: (i) interferes substantially with or prevents Tenant’s use of the Leased Premises or any material part thereof, (ii) is caused by the negligence or willful misconduct of Landlord, and (iii) continues for five (5) consecutive days (any such failure that satisfies all three (3) criteria specified in (i) through (iii) above, being referred to herein as a “Substantial Interference”), then, as Tenant’s sole and exclusive remedy in connection with any such failure by Landlord, the Basic Rent shall ▇▇▇▇▇ for the period beginning on the sixth (6th) day following such interruption and continuing until such Substantial Interference is remedied, based upon the portion or portions of the Leased Premises rendered unusable by such Substantial Interference with utilities or services.

Interruption in Services. Except as expressly provided below Landlord is not responsible for providing utilities or other services to Tenant and will not be in default hereunder nor be liable for any damages directly or indirectly resulting from, nor will the Rent be abated (subject to this subparagraph (cSection 7.3), Tenant agrees that Landlord shall not be liable to Tenant for its failure to furnish gasany interruption of or diminution in the quality or quantity of utilities or other services, electricity, elevator, telephone service, water, HVAC or any other utility services or building services when such failure the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements, by any strike, lockout or other labor trouble, ; (b) by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, telephone service or other utility at form of energy serving the Building, Premises or Project; (c) by any accident, casualty accident or event arising from any cause whatsoever, including the negligence of Landlord, its employees, agents and contractors, casualty; (d) by act, negligence act or default of Default by Tenant or any other person parties; or entity(e) by Force Majeure (defined below). No failure, delay, or by an other cause, including bomb scares, and such failures shall not be deemed to diminution in utilities will constitute an a constructive 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. FurthermoreAnything in this Lease to the contrary notwithstanding, provided no Default exists, if due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable unable to supply services which Landlord is obligated under any circumstances the terms of this Lease to supply 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 more than fifteen (15) consecutive Business Days after written notice from Tenant 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 reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Notwithstanding the foregoing, if there is a failure by Landlord to furnish the utilities or services specified above, which failure: (i) interferes substantially with or prevents Tenant’s use of the Leased Premises or any material part thereof, (ii) is caused by the negligence or willful misconduct of Landlord, and (iii) continues for five (5) consecutive days (any as a result of such failure that satisfies all three (3) criteria specified the Premises or a material portion thereof is rendered untenantable and Tenant cannot and does not use the Premises or such material portion for the conduct of its business, then in (i) through (iii) above, being referred to herein as a “Substantial Interference”), thensuch event, as Tenant’s sole and exclusive remedy in connection with any such failure by Landlordremedy, the Basic Tenant’s obligation to pay Annual Minimum Rent shall ▇▇▇▇▇ for be abated with respect to the period beginning on Premises or such material portion, as applicable, from and after the sixth sixteenth (6th16th) day following Business Day after such interruption and continuing notice to Landlord until such Substantial Interference condition is remedied, based upon the portion cured by Landlord or portions Tenant recommences use of the Leased Premises rendered unusable by or such Substantial Interference with utilities or servicesmaterial portion, as applicable.

Interruption in Services. Except as expressly provided below in Unless caused by the gross negligence or willful misconduct of Landlord, or Landlord’s breach of its obligations under this subparagraph (c)Lease, Tenant agrees that Landlord shall not be liable to Tenant for its failure to furnish gasany damages directly or indirectly resulting from, electricitynor shall the Rent be abated, elevatorfor any interruption of or diminution in the quality or quantity of Building Services, telephone service, water, HVAC or any other utility services or building services when such failure the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements, by any strike, lockout or other labor trouble, ; (b) by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, telephone service or other utility at form of energy serving the BuildingPremises, the Building or the Project; (c) by any accident, casualty accident or event arising from any cause whatsoever, including the negligence of Landlord, its employees, agents and contractors, casualty; (d) by act, negligence act or default of Default by Tenant or any other person parties; or entity, or (e) by an other cause, including bomb scares, and such failures 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 (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 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 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 of 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 LeaseBuilding Services. Notwithstanding the foregoingforegoing provisions of this Section 8.2 of any other provision in the Lease, if there without the fault or neglect of Tenant, the Premises is rendered Unusable for a failure by Landlord to furnish the utilities or services specified above, which failure: (i) interferes substantially with or prevents Tenant’s use period of the Leased Premises or any material part thereof, (ii) is caused by the negligence or willful misconduct of Landlord, and (iii) continues for five (5) consecutive days (Business Days by reason of any such failure that satisfies all three (3) criteria specified failure, delay or diminution in (i) through (iii) above, being referred to herein as a “Substantial Interference”), then, as Tenant’s sole and exclusive remedy in connection with any such failure Building Services caused by Landlord’s gross negligence or willful misconduct, the Basic Rent shall ▇▇▇▇▇ then for the period beginning commencing on the sixth (6th) day following such interruption consecutive Business Day that the Premises is Unusable and continuing until such Substantial Interference is remedied, based upon the portion or portions Tenant shall have given Landlord notice of the Leased 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. “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 such Substantial Interference with utilities reason of any cause other than Landlord’s gross negligence or serviceswillful misconduct.