Common use of Interruption of Use Clause in Contracts

Interruption of Use. Except as provided in 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 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 (except as provided in Section 6.6 below) or performing any of its obligations under this Lease. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6. Further, in the event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by law.

Interruption of Use. Except as provided in 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 Project after reasonable effort to do so, by any 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 (except as provided in Section 6.6 below) or performing any of its obligations under this Lease. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6. Further, in the event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory Landlord may comply with voluntary controls or voluntary controls guidelines promulgated by any - governmental entity relating to the use or conservation of energy, water, gas, light or electricity, electricity or the reduction of automobile or other emissionsemissions without creating any liability of Landlord to Tenant under this Lease, or provided that the provision of any other utility or servicePremises are not thereby rendered untenantable. If, however, Landlord defaults hereunder and fails to provide Tenant the quiet enjoyment of the Premises in any material way after a reasonable opportunity to cure the default, Tenant may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in terminate this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by law.

Interruption of Use. Except as provided in 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 or change in the quality or quantity thereof, when such failure or delay or diminution or change 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, water or other fuel at the Building or Project after reasonable effort to do so, by electricity blackout or brownout, by any accident or Casualty casualty whatsoever, by act or default of Tenant or other partiestenants, 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 6.6 below) or performing any of its obligations under this Lease. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth utilities. Notwithstanding anything to the contrary in this Section 5.3 or elsewhere in this Lease, if (a) Landlord fails to provide Tenant with the HVAC service, electrical service or elevator service described in Section 5.1, or Landlord enters the Premises and such entry interferes with Tenant's reasonable use of the Premises (b) such failure or Landlord's entry is not due to any one or more Force Majeure events or to an event covered by Article 6. Further10, (c) Tenant has given Landlord reasonably prompt written or oral notice of such failure or that such entry by Landlord is unreasonably interfering with Tenant's use of the Premises (provided that such notice shall not be required in the event any governmental authority Landlord has actual knowledge that the failure to provide electrical services or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, elevator service or program may not be effective, Landlord's entry is unreasonably interfering with Tenant's use of the Premises) and (d) as a result of such failure all or may malfunction, or be circumvented by a criminal, is assumed any part of the Premises are rendered unusable by Tenant with respect to Tenant’s property and interests(and, and as a result, all or such part of the Premises are not used by Tenant during the applicable period) for more than five (5) consecutive business days, then Tenant shall obtain insurance coverage be entitled to an abatement of Rent proportional to the extent to which the Premises are thereby rendered unusable by Tenant, commencing with the later of (i) the sixth business day during which such untenantability continues or (ii) the sixth business day after Landlord receives such notice from Tenant, until the Premises (or part thereof affected) are again usable or until Tenant desires protection against such criminal acts again uses the Premises (or part thereof rendered unusable) in its business, whichever first occurs. The foregoing rental abatement shall be Tenant's exclusive remedy therefor. Notwithstanding the foregoing, the provisions of Article 10 below and other losses, as further described not the provisions of this subsection shall govern in this Lease. Tenant agrees the event of casualty damage to cooperate Premises or Building and the provisions of Article 12 below and not the provisions of the subsection shall govern in any reasonable safety the event of condemnation of all or security program developed by Landlord part of the Premises or required by lawBuilding.

Interruption of Use. Except as provided in 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 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 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 ’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. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, however 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. FurtherNotwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Premises or any governmental authority portion thereof, as a result of (i) any repair, maintenance or public utility promulgates alteration performed by Landlord which is not made necessary due to any act, omission, negligence or revises any law, ordinance, rule or regulationbreach of this Lease by Tenant, or issues mandatory controls which Landlord failed to perform, after the Lease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of the Premises, or voluntary controls relating (ii) any failure to provide required services, utilities or access to the use Premises which failure is a direct result of the negligence, willful misconduct or conservation breach of energythis Lease by Landlord or any of its agents, watercontractors or employees (either such set of circumstances as set forth in items (i) or (ii), gasabove, light or electricityto be known as an “Abatement Event”), and provided such Abatement Event results in a substantial and material interference with Tenant’s ability to conduct business in the reduction Premises and Tenant reasonably ceases business operations in the Premises as a result thereof, then Tenant shall give Landlord notice of automobile or other emissionssuch Abatement Event, or the provision and if such Abatement Event continues for two (2) consecutive business days after Landlord’s receipt of any other utility or servicesuch notice (the “Eligibility Period”), Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline then the Base Rent and Tenant’s obligations Share of Direct Expenses shall be abated until such time as such the Abatement Event ceases or Tenant is able to resume business operations in the Premises, whichever shall first occur. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses, shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event; provided, however, if an Abatement Event which is not caused by circumstances beyond Landlord’s control, continues for more than thirty (30) consecutive days, then Tenant may terminate this Lease by giving at least ten (10) days’ written notice to Landlord and Landlord’s Mortgagee (if Landlord delivers notice of the name and address of its Mortgagee to Tenant), conspicuously stating that a termination of this Lease will result if the Abatement Event does not cease prior to the end of such ten (10) day period, in which event this Lease will terminate if the Abatement Event does not cease prior to the end of such ten (10) day period and Tenant shall promptly vacate the Premises as soon as is practicable taking into account the circumstances giving rise to the Abatement Event. Except as provided in this Section 6.3, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder due to an interruption of services. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event described in Articles 11 or 13 of this Lease, then the Eligibility Period shall not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by lawapplicable.

Interruption of Use. Except as provided 6.2.1 When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, Landlord reserves the right, upon no less than three (3) business days’ notice (except no notice shall be required in the event of an emergency), to interrupt, curtail, or stop (i) the furnishing of any services hereunder, including heat, air conditioning, ventilation, and/or water, and (ii) the operation of the life-safety, plumbing and/or electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but, subject to Section 6.6 6.2.2 below, there shall be no diminution or abatement of Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of Tenant’s obligations hereunder reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. Furthermore, 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)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 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 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 controlcause; 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. It is understood that any such condition may require Without limiting the temporary evacuation or closure of all or a portion of the Building and Project. Furthermoreforegoing, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's ’s business, including, without limitation, including loss of profits, however 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. Further, in the event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by law.

Interruption of Use. Except as provided in 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 to the extent such failure or delay or diminution is occasioned, in whole or in part, occasioned by repairs, replacements, or improvements, by any strike, lockout or other labor troubleForce Majere (as hereinafter defined), by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any accident or Casualty 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. It Notwithstanding the foregoing and provided that Tenant is understood that not then in default under this Lease beyond any such condition may require applicable notice and cure period, if the temporary evacuation or closure of all Premises, or a material portion of the Premises, are made untenantable as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform as required pursuant to the terms of this Lease, after the Rent Commencement Date, or (ii) any failure to provide services, utilities or access to the Premises or the Building as required pursuant to the terms of this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), that is reasonably within the control of Landlord to correct, then Tenant shall give Landlord notice of such Abatement Event, and Projectif such Abatement Event continues for five (5) Business Days after Landlord’s receipt of any such notice (the “Eligibility Period”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning after the expiration of the Eligibility Period and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Abatement Event, the amount of abatement shall be equitably prorated. Except as provided in this section, nothing contained herein shall be interpreted to mean that Tenant is excused from paying the rent due hereunder. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, however 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. Further, in the event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by law.

Interruption of Use. Except Tenant agrees that, except as otherwise provided in Section 6.6 belowthis 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 Project after reasonable effort to do so, by any accident or Casualty 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. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's Xxxxxx’s business, including, without limitation, loss of profits, however 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 610. Further, in the event If any governmental authority or public utility entity promulgates or revises any lawstatute, ordinance, rule building code, fire code or regulation, other code or issues imposes mandatory controls or voluntary controls or guidelines on Landlord or the Project or any portion thereof, relating to the use or conservation of energy, water, gas, light or electricity, electricity or the reduction of automobile or other emissions, emissions or the provision of any other utility or service, service provided with respect to this Lease or if Landlord may take is required to make alterations to the Project or any reasonably appropriate action portion thereof in order to comply with such lawmandatory or WARNER CENTER TOWERS [Health Net, ordinanceInc.] Warner Center III\Health Net\JS\December 22, rule2003 Initial Initial Initial Initial voluntary controls or guidelines, regulationthen Landlord may, in its sole discretion, comply with such mandatory control or voluntary guideline controls or guidelines or make such alterations to the Project related thereto without creating any liability of Landlord to Tenant under this Lease, provided that the Premises are not thereby rendered untenantable, and Tenant’s obligations further provided that Landlord will not voluntarily reduce the level of services provided to the Premises unless Landlord is motivated to do so by anticipated costs savings and efficiencies of operation consistent with the first class character of the Project. Such compliance and the making of such permitted alterations shall in no event entitle Tenant to any damages, relieve Tenant of the obligation to pay the full Rent reserved hereunder shall not or constitute or be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft construed as a constructive or other criminal actseviction of Tenant. In addition, or ensure safety the cost of persons or property. The risk that any safety or security device, service or program may not such compliance and alterations shall be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described included in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by lawOperating Expenses.

Interruption of Use. Except as provided in Section 6.6 below, Tenant Licensee agrees that Landlord Licensor shall not be liable for damages, by abatement of Rent Fees or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services)service, or for any diminution or interruption 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 Project after commercially reasonable effort to do so, by any accident accident, riot or Casualty other dangerous conditions, emergencies, or casualty whatsoever, by act or default of Tenant Licensee or other parties, or by any other cause beyond Landlord's Licensor’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's Licensee’s use and possession of the Premises or relieve Tenant Licensee from paying Rent (except as provided in Section 6.6 below) Fees or performing any of its obligations under this Lease. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. License Furthermore, Landlord Licensor shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's Licensee’s business, including, without limitation, loss of profits, however 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 6Section 4 or elsewhere in this License. FurtherAs a material inducement to Licensor’s entry into this License, Licensee waives and releases any rights it may have to make repairs at Licensor’s expense under Massachusetts Law and under any similar Laws now or hereafter in effect. In the event that Licensor is unable to provide a critical service as required by this contract and is unable to remedy the problem within 30 days of written notice, Licensee may terminate this agreement with 30 days written notice. Critical services shall be any governmental authority or public utility promulgates or revises any lawservice specifically required to be provided by Licensor in this License Agreement that when not performed significantly impacts the business of the Tenant. Such services shall include, ordinancebut not be limited to, rule or regulationpower, or issues mandatory controls or voluntary controls relating environmental temperature between 64 and 78 degrees Fahrenheit, relative humidity between 30% and 70%, a clean air environment, and access to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by lawPremises.

Interruption of Use. Except as provided in 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 partpart by breakage, 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 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 controlcause, unless the breakage, repairs, replacements, improvements or dangerous condition (and only with respect to such items) are caused by or result from the negligence or willful misconduct of Landlord or its agents, employees or contractors; and and, subject to the foregoing exceptions, 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 6.6 below) or performing any of its obligations under this Lease. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6, unless such failure results from or is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. Further, in the event Landlord may comply with voluntary controls or guidelines promulgated by any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls entity relating to the use or conservation of energy, water, gas, light or electricity, electricity or the reduction of automobile or other emissionsemissions without creating any liability of Landlord to Tenant under this Lease, or provided that Landlord, in connection with the provision exercise of any other utility or serviceLandlord's rights under this Section, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by unreasonably interfere with Tenant's use and quiet enjoyment of the Premises. Notwithstanding the foregoing, in the event any interference or interruption in utility service to the Premises continues for more than seven (7) full consecutive days, all rent and other charges payable under this Lease shall xxxxx for the balance of the period of such action of Landlord. The parties acknowledge that safety interference or interruption, and security devices, services and programs provided by Landlord, if anyat its sole cost, while intended to deter crime and ensure safetyshall provide security services for the Premises. If such interruption continues for more than thirty (30) days, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage have the right to the extent Tenant desires protection against such criminal acts and other losses, as further described in terminate this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by law.

Interruption of Use. Except as provided in 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 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 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 (except as provided in Section 6.6 below) or performing any of its obligations under this Lease. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6. FurtherARTICLE 7 REPAIRS Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers) in good order, repair and condition at all times during the event any governmental authority or public utility promulgates or revises any lawLease Term. In addition, ordinanceTenant shall, rule or regulationat Tenant's own expense, or issues mandatory controls or voluntary controls relating but under the supervision and subject to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action prior approval of Landlord. The parties acknowledge that safety , and security devices, services and programs provided within any reasonable period of time specified by Landlord, if anypromptly and adequately repair all damage to the Premises and replace or repair all damaged, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal actsbroken, or ensure safety worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of persons or property. The risk that any safety or security deviceTenant; provided however, service or program may not be effectivethat, or may malfunctionat CROSSROADS 811068.04/WLA Office Lease 375985-00061/1-24-20/cb/ejs (13) [Healthequity, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by law.Inc.]