Common use of Interruption of Services Clause in Contracts

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantable.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx axxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantable.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 this Article VI may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, ’s control or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. ; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services’ and that any such interruption shall not be deemed an eviction or disturbance of Tenant’s right to possession, occupancy or use of the Premises or any part thereof or render Landlord liable in to Tenant for damages by abatement of rent or otherwise for or relieve Tenant from the obligation to perform its covenants under this Lease; provided, that in the event that any failure such utility services are interrupted due to an act or omission of Landlord thereby rendering the Premises untenantable, and if such interruption is not cured or corrected within ten (10) business days thereafter, then any provision of any utility service and no such failure or interruption shall entitle this Lease to the contrary notwithstanding, Tenant may as its sole remedy hereunder elect to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease upon written notice to the contrary, Landlord shall use commercially reasonable efforts given prior to promptly restore utility service and in the event restoration of service is within Landlord's control such interrupted service, and Landlord fails to use commercially reasonable efforts to restore such service within receive a reasonable time, thereby causing all or a material portion pro-rata refund of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant any prepaid Base Rent paid to Landlord that such service has been interruptedprior thereto, Minimum Annual Rent and Annual Rental Adjustment neither Landlord nor Tenant shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantablehave any further obligations hereunder.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord's ’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contraryforegoing, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event that (a) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, (b) the restoration of such utility service is entirely within Landlord's control ’s control, and Landlord fails to use commercially reasonable efforts to restore (c) such service within a reasonable time, thereby causing interruption renders all or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use use, and does not use, such space in the normal course of its business) by Tenant business for the use permitted under this Lease Permitted Use) for more than three (3) consecutive days after notice from days, then Tenant shall notify Landlord in writing that Tenant intends to Landlord that such xxxxx rent. If service has not been interruptedrestored within three (3) consecutive days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent and Annual Rental Adjustment shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which such portion of the Leased Premises remain remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result thereof.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 subsection (a) or (b) above or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord's ’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contraryforegoing, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event that (i) an interruption of utility service to the Premises is due to Landlord’s negligence or intentional wrongful acts, (ii) the restoration of such utility service is entirely within Landlord's control ’s control, and Landlord fails to use commercially reasonable efforts to restore (iii) such service within a reasonable time, thereby causing interruption renders all or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use use, and does not use, such space in the normal course of its business) by Tenant business for the use permitted under this Lease Permitted Use) for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupteddays, Minimum Annual then Base Rent and Annual Rental Adjustment shall xxxxx proportionately with respect to the portion of the Premises rendered untenantable on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which such portion of the Leased Premises remain remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result thereof. If Landlord must temporarily interrupt any utilities or services in order to perform required maintenance or repairs, Landlord shall use commercially reasonable efforts to schedule such interruption so as to minimize any interference with Tenant’s use of the Premises for the Permitted Use.

Interruption of Services. Tenant understands, acknowledges and agrees that If any one or more of the utilities services provided for in this Section 7 are interrupted or other building stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services identified will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees), any of the services required to be provided by Landlord under this Section 6.01 7 should become unavailable and should remain unavailable for a period in excess of three (3) days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable"), then commencing upon the expiration of such 3 day period, Tenant's Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, any such irregularity or may stoppage that is required in order to comply with any Laws will be discontinued or diminished temporarily deemed caused by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within a reason beyond Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantablecontrol.

Interruption of Services. Tenant understands, acknowledges and agrees that If any one or more of the utilities services provided for in this Section 5 are interrupted or other building services identified in Section 6.01 may be interrupted by reason of accidentstopped, emergency Landlord will use due diligence to resume the service; provided, however, no irregularity or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption stoppage of any utility service of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and no or equipment caused by any such failure irregularity or interruption shall entitle Tenant to terminate stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or withhold sums in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is reasons within Landlord's control ’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and Landlord fails should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to use commercially reasonable efforts to restore Landlord, and if such service within a reasonable time, thereby causing unavailability should render all or a material any portion of the Leased Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably xxxxx in proportion to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantablecomply with any Laws will be deemed caused by a reason beyond Landlord’s control.

Interruption of Services. Tenant understands, acknowledges and agrees that Failure to any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's controlextent to make available, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairsany slow-down, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure stoppage or interruption of any utility service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything services described in this Lease to the contraryParagraph 7 resulting from any cause whatsoever (other than Landlord's gross negligence) shall not render Landlord liable in any respect for damages, nor be construed as an eviction of Tenant, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any service being furnished by Landlord be interrupted for any cause whatsoever, Tenant shall notify Landlord and Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts diligence to restore such service within a reasonable timepromptly. For any failure by Landlord (except due to Tenant's or Tenant's agents, thereby causing all contractors, employees, licensees or a material portion invitees' negligence or willful misconduct) for any reason to provide any of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted services under this Lease for more than three Paragraph 7 if such failure materially and adversely affects the habitability of the Premises (3"Substantial Services Failure") and continues beyond a period of forty-eight (48) consecutive days hours and Landlord does not commence and continue diligently to pursue to restore such service, after in each instance written notice from thereof is given by Tenant to Landlord that (and a copy of said notice is sent simultaneously to any mortgagee holding a lien covering the Building), then Tenant shall have the right to cure such service has been interruptedSubstantial Services Failure, Minimum Annual Rent and Annual Rental Adjustment Landlord shall xxxxx on a per diem basis reimburse Tenant for all reasonable sums expended in the proportion which the untenantable portion so curing said default within forty-five (45) days after Landlord's receipt of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantable.third-

Interruption of Services. If: (i) any service is interrupted for more than three consecutive Business Days; (ii) Tenant understandspromptly gives Landlord notice of such interruption; (iii) such interruption does not result from the negligent or willful act or omission of Tenant or Tenant's Representatives, acknowledges or from any failure of Tenant to comply with any term or condition of this Lease; and agrees that (iv) such interruption renders any one or more portion of the utilities Premises unusable or other building services identified inaccessible by Tenant in Section 6.01 the conduct of its business or materially disrupts Tenant's operations at the Premises, then Rent shall thereupon xxxxx with respect to the portion of the Premises rendered unusable or inaccessible, retroactive to the first day of the interruption, until such discontinuance is substantially remedied; provided, however, if such interruption continues for more than seven consecutive Business Days, Tenant may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunderby written notice to Landlord. Notwithstanding anything If Tenant does not terminate this Lease as provided in this Lease to paragraph, then after the contraryend of the five Business Day period, Landlord shall use commercially Tenant may take reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts steps to restore such service from within a reasonable time, thereby causing all or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant Building and shall invoice Landlord for the use permitted under actual and reasonable cost thereof, which Landlord shall pay within 30 days of receipt thereof, and if not so paid, Tenant shall have a credit in such amount against Rent next due hereunder. The abatement, right of self-help and termination right provided for in this Lease for more than three (3) consecutive days after notice from Tenant subsection shall not apply to Landlord that such service has been interruptedany interruption of a Building Service caused by casualty or condemnation, Minimum Annual Rent which shall be governed respectively by Articles 16 and Annual Rental Adjustment shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantable17.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or the quality or character of electric service may be changed or such service may no longer be suitable for Tenant's requirements, or such services may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations replacements, alterations, improvements or improvements cleaning can be made. ; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be liable in damages deemed an eviction or otherwise for any failure or interruption disturbance of any utility service Tenant's right to possession, occupancy and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all or a material portion of the Leased Premises or any part thereof, or render Landlord liable to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the use permitted obligation to perform its covenants under this Lease Lease. Landlord shall have no liability to Tenant, including, without limitation, liability for consequential damage arising out of, resulting from, or related to any such interruption of utility services. The above provision notwithstanding, if the utility services, which substantially impair the Tenant's ability to conduct its business operations, are discontinued for more than three two (32) consecutive business days after notice from Tenant due to Landlord that such service has been interruptedcauses within Landlord's control, then the Minimum Annual Rent and Annual Rental Adjustment due hereunder shall xxxxx on a per diem basis be equitably abated in the proportion which the untenantable portion of the Leased Premises bears to the total area impairment of the Leased Premises for each day after Tenant's business operations, as determined by Landlord within its reasonable discretion, until such three (3) day period during which the Leased Premises remain untenantableservices are fully restored.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or the quality or character of electric service may be changed or such service may no longer be suitable for Tenant's requirements or such services may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations replacements, alterations, improvements or improvements cleaning can be made. ; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be liable in damages deemed an eviction or otherwise for any failure or interruption disturbance of any utility service Tenant's right to possession, occupancy and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all or a material portion of the Leased Premises or any part thereof, or render Landlord liable to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the use permitted obligation to perform its covenants under this Lease Lease. Landlord shall have no liability to Tenant, including, without limitation, liability for consequential damage arising out of, resulting from, or related to any such interruption of utility services. The above provision notwithstanding, if the utility services, which substantially impair the Tenant's ability to conduct its business operations, are discontinued for more than three two (32) consecutive business days after notice from Tenant due to Landlord that such service has been interruptedcauses within Landlord's control, then the Minimum Annual Rent and Annual Rental Adjustment due hereunder shall xxxxx on a per diem basis be equitably abated in the proportion which the untenantable portion of the Leased Premises bears to the total area impairment of the Leased Premises for each day after Tenant's business operations, as determined by Landlord within its reasonable discretion, until such three (3) day period during which the Leased Premises remain untenantableservices are fully restored.

Interruption of Services. In the event of any interruption of service required to be provided by Landlord hereunder where such interruption is caused by the negligence or willful misconduct of Landlord, Tenant understandsshall be entitled to abatement of Base Rent and Lease Expenses Difference in proportion to the reasonable denial of use caused by the interruption, acknowledges and agrees that any one or more beginning on the later of the utilities third day after Tenant provides Landlord with notice of the interruption or other building the actual date when Tenant stops using all or any affected portion of the Premises because of the interruption, and continuing until the restoration of the interrupted service. Notwithstanding the foregoing, Tenant acknowledges that services identified in Section 6.01 to be supplied by Landlord hereunder may be interrupted by reason because of accidentaccidents, emergency repairs, alterations, improvements or other causes reasons beyond the reasonable control of Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable Except as set forth in damages or otherwise for any failure or interruption the next sentence of any utility service and this Section 7.13 (c) no such failure or interruption shall entitle (i) be considered an eviction or disturbance of Tenant's use and possession of the Premises; (ii) make Landlord liable to Tenant to terminate this for damages; (iii) abatx Xxxic Rent or Lease Expenses Difference or withhold sums due (iv) relieve Tenant from performing its obligations hereunder. Notwithstanding anything in this Lease to the contrarypreceding sentence, if any essential services (such as the Tri-Water System, passenger elevators, electricity or water) supplied by Landlord shall use commercially reasonable efforts to promptly restore utility service are interrupted and in the event restoration interruption does not result from the negligence or willful misconduct of service is within Landlord or Landlord's control Representatives, Tenant shall be entitled to an abatement of Base Rent and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all or a material portion Lease Expenses Difference beginning on the fourth consecutive business day of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in interruption and continuing until the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantableinterrupted services are restored.

Interruption of Services. In the event of any interruption of service required to be provided by Landlord hereunder, where such interruption is caused by the negligence or willful misconduct of Landlord, Tenant understandsshall be entitled to abatement of Base Rent and Lease Expenses Difference in proportion to the reasonable denial of use caused by the interruption, acknowledges and agrees that any one or more beginning on the later of the utilities third day after Tenant provides Landlord with notice of the interruption or the actual date when Tenant stops using all or any affected portion of the Premises because of the interruption, and continuing until the restoration of the interrupted service. Notwithstanding the foregoing, Tenant acknowledges that services to be supplied by Landlord hereunder may be temporarily interrupted because of accidents, repairs, alterations, improvements or other building services identified reasons beyond the reasonable control of Landlord. Except as set forth in the next sentence of this Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service and 7.13(c) no such failure or interruption shall entitle (i) be considered an eviction or disturbance of Tenant's use and possession of the Premises; (ii) make Landlord liable to Tenant to terminate this for damages; (iii) xxxxx Basic Rent or Lease Expenses Difference or withhold sums due (iv) relieve Tenant from performing its obligations hereunder. Notwithstanding anything in this Lease to the contrarypreceding sentence, if any essential services (such as Tri-Water System, passenger elevators, electricity or water) supplied by Landlord shall use commercially reasonable efforts to promptly restore utility service are interrupted and in the event restoration interruption does not result from the negligence or willful misconduct of service is within Landlord or Landlord's control Representatives, Tenant shall only be entitled to an abatement of Base Rent and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all or a material portion Lease Expenses Difference beginning on the fourth consecutive business day of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in interruption and continuing until the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantableinterrupted services are restored.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 Sections 6.01, or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in service, provided that such restoration is within Landlord's control. In the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable timetime under the circumstances, thereby causing all or a material portion of the Leased Premises to be rendered untenantable by Tenant (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than three five (35) consecutive business days after receipt of notice (which may be verbal if communicated to Landlord's property manager for the Building) from Tenant to Landlord that such service has been interruptedinterrupted and a reasonable opportunity for Landlord to restore such service, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx abate on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three five (35) day period business xxx xeriod during which the Leased Premises remain untenantable. In connection with the Phase II Development, Landlord shall make commercially reasonable efforts to advise contractors to locate existing underground facilities serving the Building before excavating, and shall inform Tenant of the commencement of the Phase II Development prior to the commencement of the the work.

Interruption of Services. Tenant understandsLandlord does not covenant that Building services will be free from interruptions caused by repairs, acknowledges improvements, changes of service, alterations, strikes, lockouts, labor controversies, accidents, inability to obtain fuel, water or supplies or any other cause beyond the reasonable control of Landlord. No such interruption of service shall be deemed a constructive eviction or disturbance of Tenant’s use and agrees that any one or more possession of the utilities Demised Premises or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's controlany part thereof, or may be discontinued otherwise render Landlord liable to Tenant for damages, by abatement of Rent or diminished temporarily by Landlord or other persons until certain repairsotherwise, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for any failure damages for interruption or interruption stoppage of Building services. The foregoing notwithstanding, in the event of any utility service and no such failure interruption or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease stoppage of services to the contraryDemised Premises, Landlord shall use commercially reasonable efforts to have such services promptly restore utility service resumed. Landlord shall be deemed to have observed and performed the terms and conditions to be performed by Landlord under this Lease, including those relating to the provision of utilities and services, if in so doing it acts in accordance with a directive, policy or request of a governmental or quasi-governmental authority serving the public interest in the event restoration fields of service is within Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service within a reasonable time, thereby causing all energy conservation or a material portion of the Leased Premises to be rendered untenantable (meaning that security. If Tenant is reasonably unable to use such space and actually does not conduct its business operations in the normal course of its business) by Tenant Demised Premises for the use permitted under this Lease for more than at least three (3) consecutive days after notice from as a result of Landlord’s failure to supply any utilities as required hereunder, which failure was not the fault of Tenant, all rent and other charges payable by Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment hereunder shall xxxxx beginning on a per diem basis the fourth (4th) day of such closure and continuing until such time as Tenant is again reasonably able to conduct its business operation in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantableDemised Premises.

Interruption of Services. Tenant understands, acknowledges and agrees that If any one or more of the utilities services provided for in this Section 5 are interrupted or other building services identified stopped, Landlord will use due diligence to promptly resume the service; provided, however, that, except in Section 6.01 may be interrupted by reason connection with the negligence or willful misconduct of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairsits agents, alterations employees or improvements can be made. Landlord shall not be liable in damages invitees, no irregularity or otherwise for any failure or interruption stoppage of any utility service and no of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property caused by any such failure irregularity or interruption shall entitle Tenant to terminate stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or withhold sums in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is reasons within Landlord's control ’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and Landlord fails should remain unavailable for a continuous period in excess of 3 business days after notice of such unavailability from Tenant to use commercially reasonable efforts to restore Landlord, and if such service within a reasonable time, thereby causing unavailability should render all or a material any portion of the Leased Premises untenantable (and Tenant in fact ceases using the Premises for normal business operations), then commencing upon the expiration of such continuous 3 business day period, Tenant’s Rent will equitably xxxxx in proportion to be the portion of the Premises so rendered untenantable (meaning that Tenant is unable to use such space and in the normal course of its business) fact not used by Tenant for the use permitted under this Lease normal business operations) for more than three (3) consecutive days after notice from Tenant so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on comply with any Laws will be deemed caused by a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantablereason beyond Landlord’s control.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more Section 23 of the utilities Lease shall be deleted and replaced with the following: “Interruption or other building services identified curtailment of any service maintained in Section 6.01 may be interrupted the Building or at the Office Building Area shall not entitle Lessee to any claim against Lessor or to any abatement in Term Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction. In the event of any interruption or curtailment of service caused directly and solely by reason Lessor’s negligence or willful misconduct in the making of accidentrepairs, emergency replacements or other causes beyond Landlord's controladditions to the Building Structure, repairs or alterations with Lessee’s consent, or may repairs necessitated by misuse or neglect by Lessee, or Lessee’s agents, contractors, servants, visitors or licensees which render the Demised Premises untenantable in whole or in part for a period of ten (10) consecutive business days, there shall be discontinued or diminished temporarily by Landlord or other persons until certain repairsa proportionate abatement of Term Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day after receipt of notice from Lessee of such interruption, alterations or improvements can and continuing for the period of such untenantability. In no event shall Lessee be made. Landlord shall not be liable in damages or otherwise for any failure or entitled to claim a constructive eviction from the Demised Premises unless the interruption of any utility service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable efforts to restore such service caused by the negligence or willful misconduct of Lessor or its agents in making repairs as described above, Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable timetime after receipt of such notice, thereby causing to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 4 shall be Lessee’s sole remedies for any interruption of service or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive days after notice from Tenant to Landlord that such service has been interrupted, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis in the proportion which the untenantable portion of the Leased Premises bears to the total area of the Leased Premises for each day after such three (3) day period during which the Leased Premises remain untenantableas described above.”

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or otherwise to Tenant for any loss or damage caused by or resulting from any variation, interruption or any failure or interruption of any utility service and no such failure or interruption shall entitle Tenant the services to terminate be provided by Landlord pursuant to this Lease due to force majeure as the same is defined hereunder in Section 35. Except as provided below, no temporary interruption or withhold sums failure of such services incident to the making of repairs, alterations or improvements, or due to accident or strike or conditions or events not under Landlord's control, shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord fails to use commercially reasonable exercise its best efforts to restore such service within a reasonable timeservices and utilities as soon as is reasonably practicable and to the extent reasonably practicable, thereby causing all or a material portion of the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) provide temporary replacement services and utilities if deemed necessary by Tenant for the use permitted under continued operations of its business on the Premises. If any services to be provided by Landlord pursuant to this Lease are not provided for more than three periods in excess of forty-eight (348) consecutive days hours after written notice from Tenant to Landlord that such service has been interruptedLandlord, Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on the interruption renders all or a per diem basis in the proportion which the untenantable portion of the Leased Premises bears untenantable for Tenant's use, Rent shall thereafter be abated in the same ratio as to that portion of the Premises which Tenant reasonably determines is not usable for Tenant's business purposes, shall bear to the total area whole of the Leased Premises for each day after such three the period in excess of forty-eight (348) day period during which hours until the Leased interruption in services is remedied and full service to the Premises remain untenantableis restored.