Common use of Interruption of Services Clause in Contracts

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or the elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restored.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or heating, air conditioning/ventilation, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations replacements or improvements in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, cooled or outside air, heat, elevator, plumbing plumbing, electricity or electricity cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s 's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authorityauthority (including, without limitation, regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise; provided. Notwithstanding anything to the contrary contained in this Lease, howeverif Landlord fails to take such measures as may be reasonable under the circumstances to restore an "essential" service or services (which, that notwithstanding for the foregoingpurposes of this subsection I, that if such event continues for longer than ten shall be deemed to mean passenger elevator service (10a minimum of one (1) elevator), electricity and heat required to be furnished by Landlord pursuant to the terms of this Lease within fifteen (15) consecutive business days after Tenant has notified Landlord that such service has ceased (a "Substantial Services Failure"), which failure renders the entire Premises unusable and as a result thereof Tenant ceases to conduct business therein, provided and upon the condition that this Lease is in full force and effect and Tenant is not in default hereunder beyond the expiration of any one instance because Landlord applicable notice and grace periods, the Rent and additional rent shall be abated throughout the duration of the curtailment beyond the aforesaid fifteen (15) day business period (as extended due to force majeure events). In the event Landlord is unable to supply any service which Landlord is obligated to supply hereundercure a Substantial Services Failure because of a force majeure event including, and provided (x) such failure is not without limitation, the result of Force Majeure acts or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct omissions of Tenant or any of its contractors, Tenant's agents, employees, servants, licensees employees or inviteescontractors, then the Rent and other charges payable hereunder fifteen (15) business day period shall be abated extended one (or in 1) day for each day of such force majeure event. Notwithstanding the foregoing remedy, Landlord agrees to diligently pursue the restoration of interrupted services. In no event only shall Tenant be entitled to claim a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded constructive eviction from using the Premises or the portion a breach of lease by Landlord unless Tenant shall first have notified Landlord in writing of the Premises actually vacated until condition or conditions giving rise thereto, and, if the earlier of complaints are justified, unless Landlord shall have failed, within the fifteen (i15) such time as Tenant reoccupies the Premises or such portion thereofbusiness day period provided for above, as applicable, for the conduct of its businessto remedy, or (ii) commence and proceed with due diligence to remedy, such time as such service is fully restoredcondition or conditions, all subject to force majeure events.

Interruption of Services. Landlord reserves the right to temporarily stop the furnishing of any Building services and the service of the HVAC System or the elevator, electrical, plumbing or other mechanical systems or facilities in any of the Building Systems to perform repairs or Alterations which, in Landlord’s judgment, shall be necessary or desirable or when necessary, necessary by reason of accident or emergency, . If any of the Building Systems or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary services required to be madeprovided by Landlord pursuant to this Article 7 or Article 8 below shall be interrupted, until said repairscurtailed or stopped, alterationsLandlord shall use reasonable efforts with due diligence to resume such service; provided, replacements or improvements shall have been completed. however, that Landlord shall have no responsibility or liability for whatsoever by reason of any such interruption, curtailment or stoppage of any of such services (whether the same shall be interrupted, curtailed or stopped while Landlord shall be performing any repairs or Alterations or when Landlord shall be prevented from supplying or furnishing the same by reason of Laws, the failure of any public utility or governmental authority serving the Building to supply cooled electricity, water, steam, oil or outside airother fuel, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or lockouts, the difficulty of obtaining materials after the use of due diligence, accidents or by any other cause whatsoever reasonably beyond Landlord’s reasonable control), including, without limitation, any liability for damages to Tenant’s personal property or for interruption of business caused by failure of independent contractors to perform any such interruption or by lawsstoppage, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of nor shall the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not same constitute an actual or constructive eviction, in whole or in part, eviction or entitle Tenant to any compensation or to any abatement or diminution of rent, the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding . Notwithstanding the foregoing, to the extent that if any such event continues for longer interruption or stoppage is not required by Law (other than ten (10) business days Laws in any one instance because Landlord shall be unable effect prior to supply any service the Commencement Date, with which Landlord it is obligated Landlord’s obligation to supply hereundercomply and which, under present judicial or administrative interpretation, are being violated on the Commencement Date), is not caused by the negligence or a willful act of Tenant or its employees, agents, contractors or subcontractors, and provided causes Tenant’s inability to conduct business in the Premises for a period of four (x4) such failure is not the result of Force Majeure or casualty damageconsecutive business days, (y) and Tenant does not actually occupy or conduct its business in the Premises for the conduct of its business during such period period, for each subsequent business day on which Tenant is unable to, and (z) such failure shall does not have resulted from actually, so conduct business in the negligence or willful misconduct of Tenant or any of its contractorsPremises as a result thereof, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder there shall be abated (or in the event only a portion an abatement of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredBase Rent.

Interruption of Services. Landlord will not be liable to Tenant ------------------------ or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be entitled to any abatement or reduction of rent, for any failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to stop the service discontinue such services, or any of the HVAC System or the elevatorthem, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, at such times as may be necessary by reason of accident or emergencyaccident, or for repairs, additionsalterations or improvement, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s controllockouts, or by failure riots, acts of independent contractors to perform or by lawsGod, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency national or by reason local emergency, any rule, order or regulation of the any governmental agency, conditions of supply and demand which have been make any product unavailable, Landlord's compliance with any mandatory or are affected by war voluntary governmental energy conservation or environmental protection program, or any other emergencyhappening beyond the control of Landlord. The exercise of such right Landlord will not be liable to Tenant or such failure by Landlord any other person or entity for direct or consequential damages, and Tenant shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or be entitled to any abatement or diminution reduction of rent, resulting from the admission to or relieve exclusion from the Building or Project of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord's reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in its reasonable discretion, may deem appropriate, including, without limitation, locking doors and closing Parking Facilities and the Common Area. Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this ARTICLE XVII, nor will such discontinuance in any way be construed as an ------------ eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of its Tenant's obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding . Notwithstanding the foregoing, that (i) if such event continues any interruption of utilities or services shall continue for longer than ten three (103) business days in any one instance because Landlord shall be unable after oral or written notice from Tenant to supply any service which Landlord is obligated to supply hereunder, and provided Landlord; (xii) such failure is not interruption of utilities or services shall render any portion of the result Premises unusable for the normal conduct of Force Majeure or casualty damageTenant's business and Tenant, (y) Tenant does not in fact, ceases to use and occupy such portion of the Premises for the normal conduct of its business during such period business; and (ziii) such failure shall not have resulted from interruption of utilities or services is due to the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, Landlord; then the all Rent and other charges payable hereunder shall be abated (or in the event only a with respect to such portion of the Premises is affected, proportionately abated based upon the square footage lost) rendered unusable for the period normal conduct of time commencing on Tenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the 11th expiration of such three (3) business day following period, in the date Tenant was precluded from using the Premises event such utilities or the portion of the Premises actually vacated services are not restored, and continue until the earlier of (i) such time as Tenant reoccupies that the Premises utilities or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully services are restored.

Interruption of Services. Other than to the extent expressly provided for above, Landlord shall not be required to provide any other services or utilities to the Premises, although Landlord reserves the right option to stop the service of the HVAC System or the elevatordo so and charge a reasonable amount therefor to Tenant as Additional Rent (but Tenant shall not rely on any expectation that Landlord will do so). Further, electricaland in addition to, plumbing or other mechanical systems or facilities and except as provided in the Building when necessarythose provisions provided elsewhere in this Lease, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Tenant agrees that Landlord shall not be liable in damages (consequential or otherwise), by abatement of Rent or in any manner whatsoever, if Tenant is unable to secure electricity, gas, water, or other fuel at the Building for any reason whatsoever and/or if electrical service, AC or any other utility or service is interrupted or is not provided to the Premises or the Building for any reason, and such failures or delays shall never be deemed to constitute an actual eviction or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution disturbance of rent, the Tenant’s use and possession of the Premises or relieve the Tenant from paying Rent or performing any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury Lease except due to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from caused by the negligence or willful misconduct of Landlord, its authorized agents, employees or contractors. Furthermore, Landlord shall have no liability to Tenant or any other party for any damages (consequential or otherwise), by abatement of Rent or in any manner whatsoever arising out of any such inability to secure any such service or services except due to or caused by the gross negligence or willful misconduct of Landlord, its contractors, authorized agents, employeesemployees or contractors. In addition, servantsTenant agrees that Landlord shall not in any way be liable or responsible to Tenant or -any other party for any loss, licensees damage, or inviteesexpense of any kind that Tenant or any other party may sustain or incur if either the quantity or character of AC, then the Rent and other charges payable hereunder shall be abated electrical (or in the event only a portion of the Premises any other) service is affectedchanged, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its businessis no longer available, or (ii) such time as such service is fully restoredunsuitable for Tenant’s or any other party’s requirements except due to or caused by the negligence or willful misconduct of Landlord, its authorized agents, employees or contractors.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements replacements, decorations or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, cooled or outside air, heat, elevator, plumbing plumbing, electricity or electricity cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s 's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authorityauthority (including, without limitation, regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restored.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or heating, air-conditioning, ventilation, the elevator, electrical, plumbing plumbing, condenser water or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements replacements, decorations or improvements shall have been completed; provided, however, Landlord shall endeavor to give Tenant reasonable advance notice of any planned interruption of service. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled heat, air-conditioning, ventilation or outside air, heat, elevator, plumbing plumbing, condenser water, electricity or electricity cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s 's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authorityauthority (including, without limitation, regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose Impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise; provided. Notwithstanding anything to the contrary contained in this Lease, howeverif Landlord fails to take such measures as may be reasonable under the circumstances to restore an "essential" service or services (which, for the purposes of this subsection I, shall be deemed to mean passenger elevator service (a minimum of one (1) elevator), electricity and heat required to be furnished by Landlord pursuant to the terms of this Lease within ten (10) consecutive business days after Tenant has notified Landlord that notwithstanding such service has ceased (or such longer period of time as is necessary given the foregoingnature of the needed repair or maintenance, so long as Landlord is diligently pursuing the cure thereof to substantial completion) (a "Substantial Services Failure") which failure renders the Premises or any "material portion" thereof not reasonably unusable (as reasonably determined by Landlord) and as a result thereof Tenant ceases to conduct its business therein, provided and upon the condition that if this Lease is in full force and effect and Tenant is not in default hereunder beyond applicable notice and grace periods, the Rent and additional rent shall be abated in the proportion by which the portion of the Premises which is not reasonably usable and is not used by Tenant bears to the total area of the Premises, commencing on the expiration of such event continues for longer than ten (10) business days in day period until the date such repair is made or maintenance completed. For the purposes of this subsection I, the term "material portion" shall mean not less than twenty-five (25%) percent of the area on any one instance because floor of the Premises. In the event Landlord shall be is unable to supply cure a Substantial Services Failure because of a force majeure event or any service which other reason beyond the reasonable control of Landlord is obligated to supply hereunderincluding, and provided (x) such failure is not without limitation, the result of Force Majeure acts or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct omissions of Tenant or any of its contractors, Tenant's agents, employees, servants, licensees employees or inviteescontractors, then the Rent and other charges payable hereunder ten (10) business day period shall be abated extended one (1) day for each day such event of force majeure or other impossibility exists. Notwithstanding the foregoing remedy, Landlord agrees to diligently pursue the restoration of interrupted services. A copy of any notice from Tenant to Landlord given pursuant to this subsection I shall not be deemed effective unless and until a copy of said notice is sent simultaneously to the holder of any Mortgage encumbering the Building whose address has been provided to Tenant or with whom Tenant has entered in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredsubordination agreement in accordance with Article 7 hereof.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements which, in the commercially reasonable judgment of Landlord desirable or Landlord, are necessary to be made, until said repairs, additions, alterations, replacements replacements, or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or heat, outside air, heat, elevator, plumbing plumbing, electricity or electricity cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s 's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, authority or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise; provided. Notwithstanding anything to the contrary contained in this Lease, howeverin the event that, that notwithstanding as a result of (a) lack of access for Tenant to the foregoingPremises and/or (b) the failure of any of the mechanical systems in the Premises (including, that if such event continues for longer than ten without limitation, electricity) and/or (10c) business days in any one instance because Landlord shall be the inoperability elevators to the Premises, Tenant is unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy conduct its operations in the Premises for a period of seven (7) consecutive business days then, unless the conduct of its business during such period and (z) such failure shall not have resulted said condition or conditions hereinabove set forth result from the negligence or willful misconduct wrongful acts of Tenant or any of Tenant, its contractors, agents, employees, servants, licensees contractors or invitees, then the Fixed Rent and other charges payable hereunder shall be abated (or in the event only thereafter xxxxx on a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated per diem basis until the earlier of (i) such time as Tenant reoccupies is able to resume its operations in the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredPremises.

Interruption of Services. Landlord reserves the right right, to the extent necessary, to stop the service of the HVAC System or system and all other Building systems including the elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s 's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. Tenant acknowledges that the Building HVAC system may contain freon or other chlorofluorocarbons (CFC's) and that future federal, state or city regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC'S. In connection therewith (i) Landlord reserves the right to stop service of the HVAC system or any other mechanical systems containing CFC's for such duration as may be necessary to convert any such systems to eliminate the use of CFC's and (ii) to enter upon the Premises, as necessary to install replacement equipment within the Premises required by any such change. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restored.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be entitled to any abatement or reduction of rent, for any failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to stop the service discontinue such services, or any of the HVAC System or the elevatorthem, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, at such times as may be necessary by reason of accident or emergencyaccident, or for repairs, additionsalterations or improvement, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s controllockouts, or by failure riots, acts of independent contractors to perform or by lawsGod, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency national or by reason local emergency, any rule, order or regulation of the any governmental agency, conditions of supply and demand which have been make any product unavailable, Landlord’s compliance with any mandatory or are affected by war voluntary governmental energy conservation or environmental protection program, or any other emergencyhappening beyond the control of Landlord. The exercise of such right Landlord will not be liable to Tenant or such failure by Landlord any other person or entity for direct or consequential damages, and Tenant shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or be entitled to any abatement or diminution reduction of rent, resulting from the admission to or relieve exclusion from the Building or Project of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord’s reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in its reasonable discretion, may deem appropriate, including, without limitation, locking doors and closing Parking Facilities and the Common Area. Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of its Tenant’s obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restored.

Interruption of Services. Landlord reserves the right right, without any liability to stop the Tenant, and without being in default of this Lease, to interrupt or suspend service of any of the HVAC System heating, ventilating, air conditioning, electric, sanitary, or other system serving the Premises or the elevatorBuilding, electricalor any other services required to be performed by Landlord under this Lease, plumbing or other mechanical systems or facilities in the Building when necessary, whenever and for so long as may be necessary by reason of accident accident, emergencies, strikes or emergency, the making of repairs or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of changes which Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented is required by exercising its right to stop service this Lease or by strikeslaw to make or otherwise deems advisable, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption difficulty in connection with a National Emergency securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other caused beyond Landlord's control, including without limitation mechanical failure of building systems and governmental restrictions on the conditions use of supply and demand which have been materials or are affected by war or other emergency. The exercise the use of any of such right or systems. In each instance, however, Landlord shall exercise reasonable efforts to eliminate the cause of interruption and to effect restoration of service, and shall give Tenant reasonable notice not less than five (5) business days, when practicable, prior to the commencement off such failure by interruption and anticipated duration thereof. Landlord shall not constitute an actual be liable for any damages to Tenant resulting from Landlord's failure or constructive evictioninability to deliver services as provided herein, in whole unless such interruption of service exceeds five (5) business days, and is due solely to the negligence of the Landlord, at which Time Tenant shall be entitled to a rent abatement as Tenant's sole remedy. Without limiting the generality of the foregoing, Tenant shall not be entitled to terminate this Lease nor to receive any diminution or in part, abatement of Rent or entitle Tenant to any other compensation or to any abatement damages nor shall this Lease or diminution of rent, or relieve Tenant from any of its the obligations under this Lease, of Tenant be affected or impose any liability upon Landlord or its agents reduced by reason of inconvenience any such interruption, stoppage or annoyance to Tenant, suspension of any such systems or injury to or services unless such interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten service exceeds five (105) business days in any one instance because Landlord days, and is due solely to the negligence of the Landlord, at which Time Tenant shall be unable entitled to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time rent abatement as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredTenant's sole remedy.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be entitled to any abatement or reduction of rent, for any temporary failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service. Landlord reserves the right temporarily to stop the service discontinue such services, or any of the HVAC System or the elevatorthem, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, at such times as may be necessary by reason of accident or emergencyaccident, or for repairs, additionsalterations or improvement, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s controllockouts, or by failure riots, acts of independent contractors to perform or by lawsGod, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency national or by reason local emergency, any rule, order or regulation of the any governmental agency, conditions of supply and demand which have been make any product unavailable, Landlord’s compliance with any mandatory or are affected by war voluntary governmental energy conservation or environmental protection program, or any other emergencyhappening beyond the control of Landlord. The exercise of such right Landlord will not be liable to Tenant or such failure by Landlord any other person or entity for direct or consequential damages, and Tenant shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or be entitled to any abatement or diminution reduction of rent, resulting from the admission to or relieve exclusion from the Building or Project of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord’s reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in its reasonable discretion, may deem appropriate, including, without limitation, locking doors and closing Parking Facilities and the Common Area. Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of its Tenant’s obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restored.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements replacements, decorations or improvements shall have been completed. Landlord shall endeavor to give reasonable advance notice of any planned interruption of services and agrees to perform any repairs necessitating an interruption in services in a manner intended to minimize interference with the conduct of Tenant's business in the Premises during normal business hours, provided the foregoing shall not obligate Landlord to engage overtime or premium pay labor in connection therewith, unless Tenant agrees to pay for the same in advance. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing plumbing, electricity or electricity cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s 's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authorityauthority (including, without limitation, regulations which require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise; provided. Notwithstanding anything contained in this Lease to the contrary, howeverif Landlord fails to restore an Aessential@ service or services (which, that notwithstanding for the foregoingpurposes of this subsection I, that if such event continues for longer than shall be deemed to mean passenger elevator service (a minimum of one (1) elevator), electricity and heat or makes or fails to make any repairs or perform any maintenance required to be made or performed by Landlord pursuant to the terms of this Lease within ten (10) consecutive days after Landlord has knowledge thereof or Tenant has notified Landlord of the needed repair or maintenance or of such service failure, whichever is earlier and as a result thereof the Premises or any "material part" thereof is not reasonably usable and as a result thereof Tenant ceases to conduct its business days in any one instance because Landlord the Premises or that portion of the Premises affected, the Base Rent and additional rent shall be unable abated in the proportion to supply any service which Landlord the space that Tenant is obligated to supply hereunderrequired to, and provided in fact, discontinues use of, commencing on the expiration of such ten (x10) day period until the earlier of date such failure repair is not the result made or maintenance completed or Tenant recommences its use of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises or such part thereof for the conduct of its business during such period and therein. For the purposes of this subsection I, the term "material part" shall mean not less than twenty-five (z25%) such failure shall not have resulted from percent of the negligence area of the Premises. In the event Landlord is unable to make any repairs or willful misconduct perform any maintenance obligations because of the acts or omissions of Tenant or any of its contractors, Tenant's agents, employeesemployees or contractors or by reason of strikes or labor troubles or by accident, servantslaws, licensees governmental preemption in connection with a National Emergency or inviteesby reason of any rule, order or regulation of any federal, state, county or municipal authority or any department or subdivision thereof or any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency, then the Rent and other charges payable hereunder ten (10) day period shall be abated extended one (1) day for each day such Tenant delay or other impossibility exists, but not in excess of an additional thirty (30) days beyond such initial ten (10) day period. A copy of any notice from Tenant to Landlord given pursuant to this subsection I shall not be deemed effective unless and until a copy of said notice is sent simultaneously to the event only holder of any Mortgage encumbering the Building whose identity and address have been sent to Tenant or who has entered into a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredNon-Disturbance Agreement with Tenant.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or the elevator, electrical, plumbing or system and all other mechanical Building systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations replacements or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completedcompleted (which repairs shall be performed in accordance with Section 4 of this Lease). Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising Unavoidable Delays or by any legal requirement, or its right to stop services. Tenant acknowledges that the Building HVAC system may contain freon or other chlorofluorocarbons ("CFC's") and that future federal, state or city regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's. In connection therewith (i) Landlord reserves the right to stop service of the HVAC system or by strikesany other mechanical systems containing CFC's for such duration as may be necessary to convert any such systems to eliminate the use of CFC's and (ii) to enter upon the Premises, labor troubles or accidents or as necessary to install replacement equipment within the Premises required by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergencysuch change. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise; provided. If, however, that notwithstanding there occurs a cessation of the foregoing, that if such event continues for longer than ten (10) business days in any one instance because services to be provided by Landlord shall be unable to supply any service which Landlord is obligated to supply hereunderhereunder as a result of Landlord's acts, and provided (x) such failure is not the solely as a result of Force Majeure or casualty damage, (y) thereof Tenant does not completely ceases to occupy the Premises entirely (that is, Tenant completely vacates the entire Premises) for more than fifteen (15) consecutive days, the conduct Rent shall thereafter xxxxx until the earlier to occur of its business during (a) the date such period interrupted service is resumed and (zb) such failure shall not have resulted from the negligence or willful misconduct of date Tenant or re-occupies any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon (in which event the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of Rent shall thereafter be payable in its business, or (ii) such time as such service is fully restoredentirety).

Interruption of Services. Tenant agrees that, except as herein provided, Landlord reserves the right to stop the service of the HVAC System or the elevator, electrical, plumbing or other mechanical systems or facilities shall not be liable in the Building when necessarydamages, by reason abatement of accident Base Rent or emergencyotherwise, for failure to furnish or delay in furnishing any service, or for repairs, additions, alterations, replacements, decorations or improvements any diminution in the judgment of Landlord desirable quality or necessary to be madequantity thereof, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive evictiondelay or diminution is occasioned, in whole or in part, by governmental rule or entitle Tenant regulation, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after Landlord's reasonable effort so to do, by any compensation accident or to casualty whatsoever, by act or default of Tenant, or by any abatement other cause beyond Landlord's reasonable control; and, except as herein provided, no such failure or delay or diminution shall be deemed to constitute an eviction of rent, Tenant or disturbance of the Tenant's use and possession of the Premises nor shall any such failure or delay relieve the Tenant from the obligation to pay rent or perform any of its obligations under this Lease. Landlord agrees to use its reasonable efforts to promptly restore services in the event of any failure, delay or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding diminution described in this Paragraph. Notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or any full floor portion thereof are rendered untenantable or are rendered inaccessible or incapable of use by Tenant in the ordinary course of business for in excess of one (1) business day, in each case due to interruption of such service for any cause other than by default of Tenant, all Base Rent and Additional Rent shall abatx xxx the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, affected thereby and for the conduct period of its such untenantability, inaccessibility or incapacity for use by Tenant in the ordinary course of business; provided that such abatement is or would be recoverable under any insurance that is commercially reasonable and available to owners or first-class office buildings in Chicago, Illinois, whether or (ii) such time as such service is fully restorednot required to be carried by Landlord pursuant to the terms of this Lease.

Interruption of Services. Landlord will not be liable to Tenant or any other person for direct or consequential damages (including, without limitation, damages to persons or property or for injury to, or interruption of, business), Tenant shall not be entitled to any abatement or reduction of rent except as expressly set forth in this Section 16.3, nor shall a constructive eviction exist or shall Tenant be released from any of Tenant’s obligations under this Lease (i) for any failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services; (ii) as a result of the admission to or exclusion from the Building or Project of any person; or (iii) for any discontinuance permitted under this Article XVI. Landlord reserves the right temporarily to stop discontinue the service of the HVAC System or the elevator, electrical, plumbing or other mechanical systems or facilities services set forth in the Building when necessaryforegoing sentence, or any of them, at such times as may be necessary by reason of accident or emergencyaccident, or for repairs, additionsalterations or improvement, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s controllockouts, or by failure riots, acts of independent contractors to perform or by lawsGod, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency national or by reason local emergency, any rule, order or regulation of the any governmental agency, conditions of supply and demand which have been make any product unavailable, Landlord’s compliance with any mandatory or are affected by war voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. In the event of invasion, mob, riot, public excitement or other emergency. The exercise circumstances rendering such action advisable in Landlord’s reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such right or such failure by Landlord shall not constitute an actual or constructive evictionmeans as Landlord, in whole or in partits reasonable discretion may deem appropriate, or entitle Tenant to any compensation or to any abatement or diminution of rentincluding, or relieve Tenant from any of its obligations under this Leasewithout limitation, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding locking doors and closing Parking Facilities and the Common Areas. Notwithstanding the foregoing, that if such in the event continues of any failure to furnish, or any stoppage of, the specified services set forth in this Section 16.3 for longer than ten (10) business days a period in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunderexcess of five consecutive days, and provided if: (xa) such interruption is restricted to the Building and is not a neighborhood blackout or caused by an Event of Force Majeure; (b) such failure to furnish or stoppage is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from caused by the negligence or willful misconduct of Tenant Landlord or by the failure of Landlord to commence and diligently pursue repairs for which Landlord is responsible under this Lease; (c) such interruption results in the Premises, or any portion thereof in excess of its contractors25% of the Rentable Square Feet of the Premises, agentsbecoming untenantable; and (d) Tenant actually ceases to occupy the Premises, employeesor any untenantable portion of the Premises, servantsas a result thereof, licensees or invitees, then the Rent and other charges payable hereunder Tenant shall be abated entitled to an abatement of Rent in proportion to the area rendered untenantable and that is unoccupied, which abatement shall commence on the sixth day (and shall not be retroactive) and shall continue for the remainder of the period of such failure to furnish or stoppage of such specified services. As used in this Section 16.3, the event only a portion specified services are electricity, water, natural gas and sewer service. If Tenant vacates the entire Premises due to such failure to furnish or stoppage of such specified services and more than fifty percent (50%) of the Premises is affecteduntenantable in a manner that allows Tenant to xxxxx Rent under this Section 16.3, proportionately abated based upon the square footage lost(1) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion will be entitled to deem one hundred percent (100%) of the Premises actually vacated until to be untenantable and (2) if such conditions that permit Rent abatement described in this Section 16.3 for such failure continue for more than two hundred forty (240) consecutive days, Tenant shall have the earlier right to terminate this Lease by providing written notice to Landlord, such termination to be effective within five (5) Business Days of (i) delivery of such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restorednotice.

Interruption of Services. Landlord reserves the right to stop the furnishing of any Building services and the service of the HVAC System or the elevator, electrical, plumbing or other mechanical systems or facilities in any of the Building Systems to perform repairs or Alterations which, in Landlord’s judgment, shall be necessary or desirable or when necessary, necessary by reason of accident or emergency, . If any of the Building Systems or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary services required to be madeprovided by Landlord pursuant to this Article 7 or Article 8 below shall be interrupted, until said repairscurtailed or stopped, alterationsLandlord shall use reasonable efforts with due diligence to resume such service; provided, replacements or improvements shall have been completed. however, that Landlord shall have no responsibility or liability for whatsoever by reason of any such interruption, curtailment or stoppage of any of such services (whether the same shall be interrupted, curtailed or stopped while Landlord shall be performing any repairs or Alterations or when Landlord shall be prevented from supplying or furnishing the same by reason of Laws, the failure of any public utility or governmental authority serving the Building to supply cooled electricity, water, steam, oil or outside airother fuel, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or lockouts, the difficulty of obtaining materials after the use of due diligence, accidents or by any other cause whatsoever reasonably beyond Landlord’s controlreasonable control or for any other reason), including, without limitation, any liability for damages to Tenant’s personal property or for interruption of business caused by failure of independent contractors to perform any such interruption or by lawsstoppage, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of nor shall the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not same constitute an actual or constructive eviction, in whole or in part, eviction or entitle Tenant to any compensation or to any abatement or diminution of rent, the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding . Notwithstanding the foregoing, to the extent that if any such event continues interruption or stoppage is not required by Law, is not caused by the negligence or willful act of Tenant or its employees, agents, contractor or subcontractors and is caused by a factor within Landlord’s reasonable control, and causes Tenant’s inability to conduct business in at least fifty percent (50%) of the rentable area of the Premises for longer than a period of ten (10) consecutive business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunderdays, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not actually occupy the Premises for the or conduct of its business during in such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises during such period, for each subsequent business day on which Tenant is affectedunable to, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the and does not actually, so conduct business in such portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion a result thereof, there shall be an abatement of Rent in proportion to the area Tenant is unable to and does not actually use. In any event, Landlord shall use commercially reasonable, good faith efforts to restore any interrupted services as applicable, for the conduct of its business, or (ii) such time soon as such service is fully restoredpossible.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements which, in the commercially reasonable judgment of Landlord desirable or Landlord, are necessary to be made, until said repairs, additions, alterations, replacements replacements, or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or heat, outside air, heat, elevator, plumbing plumbing, electricity or electricity cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, authority or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of rentRent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided. Notwithstanding anything to the contrary contained in this Lease, howeverin the event that, that notwithstanding as a result of (a) lack of access for Tenant to the foregoingPremises and/or (b) the failure of any of the mechanical systems in the Premises (including, that if such event continues for longer than ten without limitation, electricity) and/or (10c) business days in any one instance because Landlord shall be the inoperability elevators to the Premises, Tenant is unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy conduct its operations in the Premises for a period of seven (7) consecutive business days then, unless the conduct of its business during such period and (z) such failure shall not have resulted said condition or conditions hereinabove set forth result from the negligence or willful misconduct wrongful acts of Tenant or any of Tenant, its contractors, agents, employees, servants, licensees contractors or invitees, then the Fixed Rent and other charges payable hereunder shall be abated (or in the event only thereafter axxxx on a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated per diem basis until the earlier of (i) such time as Tenant reoccupies is able to resume its operations in the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredPremises.

Interruption of Services. (a) Landlord reserves the right to may stop the service of the HVAC System or the elevatorinterrupt any Landlord Service, electricalelectricity, plumbing or other mechanical service and may stop or interrupt the use of any Building facilities and systems or facilities in the Building when necessary, at such times as may be necessary and for as long as may reasonably be required by reason of accident accidents, strikes, or the making of repairs, alterations or improvements, or inability to secure a proper supply of fuel, gas, steam, water, electricity, labor or supplies, or by reason of any other cause beyond the reasonable control of Landlord; provided that, in case of interruption required by the making of repairs, alterations or improvements, Landlord shall provide Tenant with not less than five (5) Business Days’ advance written notice (except in case of emergency, where no notice or for repairsshorter notice as reasonable shall be sufficient) prior to any scheduled suspension of service and, additionsif ascertainable, alterationsits estimated duration, replacementsand Landlord shall endeavor, decorations in a commercially reasonable manner and to a commercially reasonable extent, to minimize disruption or improvements interference to Tenant’s permitted use of the Premises, to the extent practical. Except as otherwise expressly provided in the judgment of Landlord desirable or necessary to be madethis Lease, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility liability to Tenant by reason of any stoppage or liability for interruptioninterruption of any Landlord Service, curtailment electricity or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop other service or by strikesthe use of any Building facilities and systems for any reason. Landlord shall use reasonable diligence (which shall not include incurring overtime charges) to make such repairs as may be required to machinery or equipment within Landlord’s control to provide restoration of any Landlord Service and, labor troubles where the cessation or accidents interruption of such Landlord Service has occurred due to circumstances or by any cause whatsoever reasonably conditions beyond Landlord’s control, to cause the same to be restored by diligent application or by failure of independent contractors request to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergencyprovider. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive evictionNotwithstanding the foregoing, in whole the event that (i) any interruption or in partdiscontinuance of services provided pursuant to this Article 3 occurs, or entitle Tenant (ii) Landlord fails to make any compensation or repair it is required to any abatement or diminution of rent, or relieve Tenant from any of its obligations under make pursuant to this Lease, or impose (iii) Tenant’s access to the Premises is denied or use of the Premises or any liability upon Landlord portion thereof is materially adversely affected, then provided that none of the events specified in clauses (i) through (iii) are caused by any willful misconduct or its agents by reason negligent act or omission of inconvenience or annoyance to Tenant, its agents, employees or injury to or interruption of contractors, and such events materially and adversely affects Tenant’s business, ability to conduct business in all or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date uses permitted under this Lease and Tenant was precluded from using the Premises actually ceases doing business in all or the such portion of the Premises actually vacated until Premises, then if such event is within Landlord’s control to cure, and event continues beyond five (5) Business Days after Tenant’s written notice to Landlord (which Tenant may provide prior to the earlier expiration of the five (i5) Business Day period), then the Fixed Rent and Additional Rent for Operating Expenses and Taxes shall xxxxx after such time five (5) Business Day period proportionately, for so long as Tenant reoccupies the Premises remains unable to conduct its ordinary business in all or such portion thereof, of the Premises. In no event shall Landlord have any liability with respect to any failure or interruption of the Landlord services set forth in Section 3.01 except as applicable, for specifically set forth in this Section 3.02. A fire or other casualty causing an interruption of services shall not be subject to the conduct provisions of its business, or (ii) such time as such service is fully restoredthis Section 3.02 but shall be governed by the provisions of Article 7 of this Lease only.

Interruption of Services. Landlord reserves shall not be in default under this Lease or liable for any damages directly or indirectly resulting from (a) the right to stop installation, use or interruption of use of any equipment in connection with the service furnishing of any of the HVAC System foregoing services; or (b) the failure to furnish or delay in furnishing any such services, where such failure is caused by any act of God or the elevatorelements; a shortage or unavailability of necessary materials, electricalsupplies or labor; a shortage or interruption in transportation facilities; riots; civil disturbances; insurrection; war; court order; public enemy; accidents; breakage; strikes, plumbing lockouts or other mechanical systems or facilities in labor disputes; the Building when necessary, by reason making of accident or emergency, or for repairs, additionsreplacements, alterations, replacements, decorations additions or improvements in to the judgment Premises or the Building; the inability to obtain an adequate supply of Landlord desirable fuel, gas, steam, water, electricity or necessary to be made, until said repairs, alterations, replacements other utilities or improvements shall have been completed. Landlord shall have no responsibility services; or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably other condition beyond Landlord’s reasonable control, and Tenant shall not be entitled to any damages resulting from such failure or to any diminution or abatement in any Rent or other amounts payable by Tenant hereunder. In no event shall such failure be construed as a constructive or other eviction of independent contractors Tenant. If any governmental authority promulgates or revises any statute, ordinance or building, fire or other code, or imposes mandatory controls or guidelines on Landlord or the Building or any part thereof related to perform the use or by lawsconservation of energy, orderswater, rules gas, steam, light or regulations electricity or the provision of any federalother utility or service provided under this Lease, stateLandlord may, county in its sole discretion, comply with such mandatory controls or municipal guidelines. If at any time, the owners of a significant number of buildings in San Francisco, California comparable to the Building have elected to comply voluntarily with any request or guideline of any applicable governmental authority, Landlord may also comply with such request or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption guideline. Such compliance shall in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or no event entitle Tenant to any compensation or to any abatement or diminution of rentdamages, or relieve any diminution or abatement in any Rent or other amounts payable by Tenant from any of its obligations under this Lease, Lease or impose any liability upon Landlord constitute or its agents by reason of inconvenience be construed as a constructive or annoyance to Tenant, or injury to or interruption other eviction of Tenant’s business. Tenant shall comply with all rules, regulations and requirements of applicable governmental authorities or otherwise; providedutility companies concerning the use of utility services, howeverincluding any rationing, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure limitation or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing control on the 11th day following the date Tenant was precluded from using the Premises quantity of utilities used or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredconsumed.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be entitled to any abatement or reduction of rent, for any failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to stop the service discontinue such services, or any of the HVAC System or the elevatorthem, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, at such times as may be necessary by reason of accident or emergencyaccident, or for repairs, additionsalterations or improvement, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s controllockouts, or by failure riots, acts of independent contractors to perform or by lawsGod, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency national or by reason local emergency, any rule, order or regulation of the any governmental agency, conditions of supply and demand which have been make any product unavailable, Landlord's compliance with any mandatory governmental energy conservation or are affected by war environmental protection program, or any other emergencyhappening beyond the control of Landlord. The exercise of such right Landlord will not be liable to Tenant or such failure by Landlord any other person or entity for direct or consequential damages, and Tenant shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or be entitled to any abatement or diminution reduction of rent, resulting from the admission to or relieve exclusion from the Building or Project of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord's reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in its reasonable discretion, may deem appropriate, including, without limitation, locking doors and closing Parking Facilities and the Common Area. Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of its Tenant's obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding . Notwithstanding the foregoing, that if such event continues (i) any interruption of utilities or services shall continue for longer than ten (10) business days in any one instance because Landlord shall be unable after written notice from Tenant to supply any service which Landlord is obligated to supply hereunder, and provided Landlord; (xii) such failure is not interruption of utilities or services shall render any 5055 Wilshire - Playboy Enterprises, Inc. - Lease 12/22/98 portion of the result Premises unusable for the normal conduct of Force Majeure or casualty damageTenant's business and Tenant, (y) Tenant does not in fact, ceases to use and occupy such portion of the Premises for the normal conduct of its business during such period business; and (ziii) such failure shall not have resulted from interruption of utilities or services is primarily due to the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, Landlord; then the all Rent and other charges payable hereunder shall be abated (or in the event only a with respect to such portion of the Premises is affected, proportionately abated based upon the square footage lost) rendered unusable for the period normal conduct of Tenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the expiration of such ten (10) day period, in the event such utilities or services are not restored, and continue until such time commencing on that the 11th day following utilities or services are restored. Further notwithstanding the date foregoing, (i) if any interruption of utilities or services shall continue for ten (10) consecutive business days after written notice from Tenant was precluded from using the Premises to Landlord, (ii) such interruption of utilities or the services shall render any portion of the Premises actually vacated until unusable for the earlier normal conduct of (i) Tenant's business and Tenant, in fact, ceases to use and occupy such time as Tenant reoccupies portion of the Premises or such portion thereof, as applicable, for the normal conduct of its business, or ; (iiiii) such interruption of utilities or services is due to an Event of Force Majeure (as defined in Section 25.11) or the negligence or willful misconduct of any third party; and (iv) the restoration of such interrupted utilities or services is reasonably within Landlord's direct control, then all Rent payable hereunder with respect to such portion of the Premises rendered unusable for the normal conduct of Tenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the expiration of such thirty (30) day period, in the event such utilities or services are not restored, and continue until such time as such service is fully that the utilities or services are restored.

Interruption of Services. Except as set forth in Subsection 5.2.2, Landlord shall have no responsibility or liability to Tenant for failure, interruption, inadequacy, defect or unavailability of any services, facilities, utilities, repairs or replacements or for any failure or inability to provide access or to perform any other obligation under this Lease caused by breakage, accident, fire, flood or other casualty, strikes or other labor trouble, order or regulation of or by any governmental authority, inclement weather, repairs, inability to obtain or shortages of utilities, supplies, labor or materials, war, civil commotion or other emergency, transportation difficulties or due to any act or neglect of Tenant or Tenant’s servants, agents, employees or licensees or for any other cause beyond the reasonable control of Landlord, and in no event shall Landlord be liable to Tenant for any indirect or consequential damages suffered by Tenant due to any such failure, interruption, inadequacy, defect or unavailability; and failure or omission on the part of Landlord to furnish any of same for any of the reasons set forth in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the right to stop deny access to the service Building and to interrupt the services of the HVAC System or the elevatorHVAC, electricalplumbing, plumbing electrical or other mechanical systems or facilities in the Building when necessary, necessary from time to time by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be madenecessary, until said such repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure use reasonable efforts to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations minimize the duration of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence such interruption and to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle give to Tenant to any compensation or to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; provided, however, that notwithstanding the foregoing, that at least three (3) days’ notice if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the period of time commencing on the 11th day following the date Tenant was precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredto be interrupted, except in cases of emergency.

Interruption of Services. If Landlord reserves is prevented or delayed in performing any work or providing any services to the right to stop the service of the HVAC System Leased Premises as set forth in this Lease, (including, but not limited to, any slow-down, interruption or the elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations stoppage of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by services for any reasons) Landlord shall not constitute an actual be liable to Tenant for damage to persons or constructive evictionproperty or be in default hereunder as a result thereof, in whole or in part, or entitle and Tenant to any compensation or shall not be entitled to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents reduction in Rent by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise; thereof (provided, however, that notwithstanding Landlord shall not include within or attribute to Operating Expense the foregoingcost and expense related to any such service not provided by Landlord), nor shall the same give rise to a claim in Tenant's favor that such absence of Building services constitutes actual or constructive, total or partial, eviction or renders the Leased Premises untenantable. Landlord, hereby reserves the right to stop, slow-down or interrupt any service or utility system, when necessary by reason of malfunction, breakage, accident or emergency, until necessary repairs and/or replacements have been completed, provided, however, that in each instance of stoppage, slow-down or interruption, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage, slow-down or interruption and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord shall not be liable in any way to Tenant nor shall there be any abatement or reduction in rent for any failure or defect in the supply or character of electric energy or other utility furnished to the Leased Premises by reason of any requirement, act or omission of the public utilities serving the Building and/or the Leased Premises unless such failure or defect was caused by the intentional act or gross negligence of Landlord, its agents or employees; but if such event failure or defect is caused by the act or negligence of Landlord or of its contractor(s) and the failure continues for longer more than ten seventy-two (1072) hours during regular business days in any one instance because Landlord days, Tenant's sole right, remedy and composition therefor shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure that Rent shall not have resulted from the negligence or willful misconduct of Tenant or any of its contractors, agents, employees, servants, licensees or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, xxxxx proportionately abated based upon the square footage lost) for the period during which the failure continues. Tenant's use of electric energy in the Leased Premises shall not at any time commencing on exceed the 11th day following the date Tenant was precluded from using the Premises or the portion capacity of any of the Premises actually vacated until electric conductors and equipment in or otherwise serving the earlier Building and/or the Leased Premises. If Tenant, in the sole judgment of (i) such time as Landlord, utilizes electricity, water or any other utility in any excessive or unreasonable manner, then Landlord shall have the right to require Tenant reoccupies the Premises or such portion thereof, as applicable, to pay for the conduct installation of its businessa separate meter for any such utility and to pay for the cost of the use of such utilities as determined by such meter, or (ii) such time both as such service is fully restoredAdditional Rent hereunder.

Interruption of Services. Tenant agrees that except as provided in this Subparagraph C, Landlord reserves the right to stop the service of the HVAC System or the elevator, electrical, plumbing or other mechanical systems or facilities shall not be liable in the Building when necessarydamages, by reason abatement of accident Rent or emergencyotherwise, for failure to furnish or delay in furnishing any service, or for repairs, additions, alterations, replacements, decorations or improvements any diminution in the judgment of Landlord desirable quality or necessary to be madequantity thereof, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive evictiondelay or diminution is occasioned, in whole or in part, by repairs, renewals, or entitle improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant to or other parties, or by any compensation other cause beyond Landlord's reasonable control; and such failures or to any abatement delays or diminution shall in any such event not be deemed to constitute an eviction or disturbance of rent, Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding anything in this Lease to the contrary, or impose any liability upon Landlord or its agents by reason if as a result of inconvenience or annoyance a cessation limited to Tenant, or injury to utilities or interruption of Tenant’s business, utilities or otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service access which Landlord is obligated required to supply hereunder, and provided provide hereunder for any reason other than (xi) such failure is not the reasons arising as a result of Force Majeure or casualty damagenegligence, (y) Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct on the part of Tenant or any of its Tenant's contractors, agentsagents or employees or breach of this Lease by Tenant, employees(ii) reasons arising out of Tenant's use and occupancy of the Premises, servants(iii) any other reason within the reasonable control of Tenant, licensees Tenant is unable to use all or invitees, then the Rent and other charges payable hereunder shall be abated (or in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) for the its business purposes for a period of time commencing on seven (7) consecutive days, the 11th Base Rent and Additional Rent relating to periods subsequent to such seven (7) day following the date period and thereafter due hereunder shall xxxxx until Tenant was precluded from using the Premises or the is again able to use such portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (ii) such time as such service is fully restoredbusiness purposes.