Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring through or in connection with or incidental to failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring through or in connection with or incidental to failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Interruption of Use. Except as expressly provided hereinotherwise set forth in this Lease, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent (except as provided in Section 11.5 below) or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Interruption of Use. Except as expressly otherwise provided hereinin Section 6.6 below, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent (except as provided in Section 6.6 below) or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)
Interruption of Use. Except as expressly provided herein, Tenant agrees that that, except as otherwise provided in this Lease, including Section 6.3.1, below, Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services)service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to or interference with, Tenant's ’s business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent (except as provided in Section 6.5 below) or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent (except as provided in Section 6.5 below) or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services, if any), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default breach or Default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's ’s business, including, without limitation, including loss of profitsprofits or other consequential damages, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6. In the event of a service interruption, Landlord shall use commercially reasonable efforts to restore the services.
Appears in 1 contract
Samples: Office Lease (Solar Power, Inc.)
Interruption of Use. Except as expressly provided hereinspecifically set forth in this Lease, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and except as specifically provided elsewhere in this Lease, such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions occurring through no fault of this document have been redacted and filed separately with the Commission. however occurring Landlord, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6. Nothing in this Section 6.3 shall be construed to relieve Landlord from any duty to repair and maintain the Building undertaken by Landlord under this Lease.
Appears in 1 contract
Samples: Office Lease (Ticketmaster)
Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be ------------------- liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable controlcause; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.. ---------
Appears in 1 contract
Samples: Lease (Diversa Corp)
Interruption of Use. Except as expressly provided hereinSubject to Section 6.4 below, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty Casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Samples: Office Lease (Nektar Therapeutics)
Interruption of Use. Except as expressly provided hereinSubject to Section 6.6 below, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.
Appears in 1 contract
Samples: Terms of Lease (Aqua Metals, Inc.)
Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone telephone, telecommunication, and telecommunication electrical services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable controlcause; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or or, except as provided in Section 6.5, below, relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, TenantXxxxxx's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.this
Appears in 1 contract
Samples: Aadi Bioscience, Inc.
Interruption of Use. Except as expressly provided herein, Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable controlcause; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.. ---------
Appears in 1 contract
Samples: Terms of Lease (Diversa Corp)
Interruption of Use. Except as expressly provided hereinin Section 6.6, Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Real Property Project after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to to, or interference with, Tenant's business, including, without limitation, loss of profits, [***] Confidential portions of this document have been redacted and filed separately with the Commission. however occurring occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6utilities.
Appears in 1 contract
Samples: Lease (Veeco Instruments Inc)