Common use of Interruption Clause in Contracts

Interruption. Subject to Section 11, any failure to furnish, delay in furnishing, or diminution in the quality or quantity of any service resulting from any application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all or a material portion of the Premises is made untenantable or inaccessible for more than three (3) consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material portion of the Premises is made untenantable or inaccessible by a Service Interruption that results from a breach of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F).

Interruption. Subject Landlord shall have no responsibility or liability to Section 11Tenant for failure, interruption, inadequacy, defect or unavailability of any services, facilities, utilities, repairs or replacements or for any failure or inability to provide access or to perform any other obligation under this Lease caused by any event beyond Landlord’s reasonable control, including, without limitation, breakage, accident, fire, flood or other casualty, strikes or other labor trouble, any failure to furnishgovernmental order or regulation, delay in furnishing, or diminution in the quality or quantity of any service resulting from any application of Law, failure of equipment, performance of maintenanceinclement weather, repairs, improvements inability to obtain or alterationsshortages of utilities, utility supplies, labor or materials, war, civil commotion or other emergency, or any act or omission of Tenant or Tenant’s agents, employees or licensees. In no event shall Landlord be liable to Tenant for any indirect or consequential damages suffered by Tenant due to any such failure, interruption, inadequacy, defect or event unavailability. No failure or omission on the part of Force Majeure (eachLandlord to furnish any of same for any of the reasons set forth in this paragraph shall be construed as an eviction of Tenant, a “Service Interruption”) shall not actual or constructive, or entitle Tenant to an abatement of rent, nor render Landlord liable to Tenant, constitute a constructive evictionin damages, or excuse release Tenant from prompt fulfillment of any obligation hereunderof its covenants under this Lease. Landlord shall use all reasonable efforts to minimize the duration of any interruption of any services or repairs to be performed or provided by Landlord. Notwithstanding the foregoing, if all (i) Landlord ceases to furnish any utility or service that Landlord is obligated to furnish under this Lease or to perform repairs which Landlord is obligated to perform pursuant to Subsection 5.1.5 (a “Landlord Service Interruption”) and such Landlord Service Interruption continues for a period of more than five (5) consecutive Business Days after Tenant give Landlord notice, complying with the last sentence of this paragraph, thereof (the “Interruption Notice”), (ii) such Landlord Service interruption was not caused by Tenant, its employees, contractors, agents or invitees, (iii) such Landlord Service Interruption was not caused by a fire or other casualty (in which case Article 7 shall control), (iv) such Landlord Service Interruption was the result of events or circumstances within Landlord’s reasonable control and the restoration of services is reasonably within the control of Landlord, and (v) as a result of such Landlord Service Interruption the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use all or such portion of the Premises in the normal course of its business) and Tenant shall, concurrently with the giving of such notice, discontinue use of the Premises or the portion thereof which is made untenantable unusable as a result (other than for sporadic purposes such as salvage, security or inaccessible for more than three (3) consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11retrieval of property), a Taking (defined in Section 13) or an Act then Annual Fixed Rent and Additional Rent on account of Tenant (defined in Section 10.1), Taxes and (b) can Insurance Costs shall be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ equitably abated for such portion of the Premises rendered unusable for the period beginning commencing on the day immediately following expiration of such 3-business-day five (5) Business Day period and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of date that the Premises made untenantable (or inaccessible and not occupied by Tenantsuch portion) is rendered usable. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F If more than fifty percent (the “Entry Date”), all or a material portion 50%) of the Premises is made untenantable or inaccessible by rendered unusable and if Tenant shall vacate the entire Premises, then the aforesaid abatement shall be a Service Interruption full abatement. Any notice from Tenant pursuant to the first sentence of this paragraph shall expressly state that results from a breach the failure of Landlord’s obligations under Section 7.1, then, as Landlord to cure any claimed default timely shall give rise to Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for rights of rent abatement. Landlord reserves the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal right to deny access to the period, if any, beginning on Building and to interrupt the later services of the Entry Date HVAC, plumbing, electrical or other mechanical systems or facilities in the date Building when necessary from time to time by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall use reasonable efforts to minimize the duration of any such interruption and to give to Tenant notifies Landlord at least three (3) days’ notice if service is to be interrupted, except in cases of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)emergency.

Interruption. Subject Landlord shall not be liable to Section 11, Tenant for any failure to furnish, delay compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the purposes authorized in furnishing, this Lease or diminution in for repairing the quality Premises or quantity from repairs by Landlord of any service resulting from any application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all or a material portion of the Premises Building however the necessity may occur. In case Landlord is made untenantable prevented or inaccessible for more than three (3) consecutive business days after notice delayed from diligent construction of improvements, making any repairs, alterations or improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord's part, by reason of any cause reasonably beyond Landlord's control, Landlord shall not be liable to Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined therefor, nor, except as otherwise provided in Section 11)6.1, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a Taking (defined claim in Section 13) Tenant's favor that such failure constitutes actual or an Act constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of Tenant (defined in Section 10.1)any default by Landlord or otherwise. Landlord reserves the right to stop any service or utility system, and (b) can be corrected through Landlord’s reasonable effortswhen necessary by reason of accident or emergency, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material portion of the Premises is made untenantable or inaccessible by a Service Interruption that results from a breach of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (until necessary repairs have been completed; provided, however, that for purposes in each instance of this sentencestoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary interruption of Tenant's use of the Premises shall not by reason thereof. The foregoing notwithstanding, if Landlord fails for any reason within Landlord's reasonable control to provide any service to be deemed untenantable or inaccessible before supplied by Landlord under the Commencement Date except to the extent that Lease which is necessary for Tenant's reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and additional charges for Operating Expenses and Taxes based on the portion of the Premises which is not used by Tenant. This abatement shall begin on the fifth (5/th/) consecutive business day from Tenant's written notice to Landlord of the failure. The abatement shall end when the services are untenantable or inaccessible for restored sufficient to permit use of the purposes described in Section 2 of Exhibit F)Premises.

Interruption. Subject to Section 11, (a) Short-Term Interruption — Release from Dedication. During any failure to furnish, delay in furnishing, or diminution in the quality or quantity of any service resulting from any application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event event(s) of Force Majeure as defined in Article XI herein, Prorationed Capacity, or Interruption and Curtailment affecting Gatherer’s ability to accept Shipper’s Dedication for a period in excess of seven (each7) consecutive Days, Shipper shall have a temporary release from this Dedication, but only for those Barrels: (1) not accepted by the Gatherer in its Facilities; or (2) intended for delivery to the CRPs affected by such Force Majeure, Prorationed Capacity or Interruption and Curtailment (“Temporary Release”); except that, if the cause of any event(s) of Force Majeure, Prorationed Capacity, or Interruption and Curtailment is due solely to the individual or collective gross negligence of Shipper and/or any Affiliate, agent, or subcontractor thereof, Shipper shall be granted a Temporary Release, but shall be required to pay Gatherer the fees under Section 5.1.1 as though the Barrels subject to the Temporary Release constituted Actual Shipments over and through the Facilities, a “Service Interruption”notarized accounting of which shall be provided to Gatherer within fifteen (15) Days of Shipper resuming deliveries to the Facilities following the end of such Temporary Release. i. For the duration of any such Temporary Release, Shipper will be free to dispose of released Crude Oil volumes under other arrangements in Shipper’s sole discretion, provided that Shipper shall not render Landlord liable make commercially reasonable efforts to Tenantsell Shipper’s released Crude Oil volumes to the owner of the pipeline(s) immediately downstream of the Delivery Point(s), constitute a constructive evictionand/or its affiliates. To the extent Shipper was able to sell Shipper’s released Crude Oil volumes to the owner of the pipeline(s) immediately downstream of the Delivery Point(s), and/or its affiliates, Shipper shall resume deliveries of released Crude Oil volumes to the Facilities no later than the third (3rd) Day following delivery of Notice by Gatherer stating that the Force Majeure, Prorationed Capacity, or excuse Tenant Interruption and Curtailment has ended and Gatherer is able to accept delivery of all such released volumes. For all other temporarily released volumes, Shipper’s Temporary Release from any obligation hereunderthe Dedication shall end, and Shipper shall resume deliveries of released Crude Oil volumes to the Facilities, no later than the first (1st) Day of the fourth (4th) month following delivery of Notice by Gatherer stating that the Force Majeure, Prorationed Capacity or Interruption and Curtailment has ended and Gatherer is able to accept delivery of all such released volumes of Shipper’s Crude Oil. ii. Notwithstanding the foregoingrequirements above, if all or a material portion Shipper’s Temporary Release shall commence prior to the expiration of the Premises is made untenantable or inaccessible for more than three seven (37) consecutive business days after notice from Tenant Day period if waiting the full seven (7) Days will cause Shipper to Landlord by a Service Interruption that (a) does not result from a Casualty (defined shut in Section 11), a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall production ▇▇▇▇▇ for within the AOD and expediting the release is the only way to avoid the shut in (“Expedited Temporary Release”). The Expedited Temporary Release period beginning on shall last only until the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion to the percentage expiration of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F seven (the 7) Day waiting period set forth above (“Entry DateExpedited Temporary Release Period”), all . Shipper may sell its Crude Oil at the affected CRP(s) or a material portion of at the Premises is made untenantable or inaccessible by a Service Interruption that results from a breach of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for Station to third-parties through the periodend the Expedited Temporary Release period only. The provisions in Section 3.1.3(a) and 3.1.3(a)(i) above, if any, beginning on shall not apply until the date Expedited Temporary Release Period has expired. Shipper shall provide Notice to Monarch prior to releasing Shipper’s Crude Oil in an Expedited Temporary Release. The Notice shall state that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on release meets the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes criteria of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible Sub-Section for the purposes described in Section 2 of Exhibit F)an Expedited Temporary Release.

Interruption. Subject to Section 11, any Any failure to furnish, delay in furnishing, or diminution in the quality or quantity of any service resulting from any application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all or a material portion of the Premises is made untenantable or inaccessible for more than three (3) consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) Landlord can be corrected correct through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenantinaccessible. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F if (the “Entry Date”), a) all or a material portion of the Premises is made untenantable or inaccessible for 45 consecutive days after notice from Tenant to Landlord by a Service Interruption that results (i) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13), or any act or omission (including any breach hereof) of or by any Tenant Party (defined in Section 10.1) or any contractor of Tenant (each, an “Act of Tenant”), and (ii) can be corrected through Landlord’s obligations under Section 7.1reasonable efforts, thenand (b) Landlord is not diligently pursuing such correction, then Tenant, as Tenant’s its sole remedyremedy (except as provided above in this Section 6.3), Monthly Rent shall ▇▇▇▇▇ for the period, if any, beginning on may terminate this Lease by notifying Landlord not later than the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or immediately preceding the date Tenant notifies Landlord of such Service Interruption and ending on the day which such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises which event such termination shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)effective 30 days after Tenant delivers such termination notice.

Interruption. Subject to Section 11, any failure to furnish, delay in furnishing, or diminution in the quality or quantity of any Landlord service resulting from any application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, interruption or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all or a material portion of the Premises is made untenantable or inaccessible for more than three the Applicable Number (3defined below) of consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11)Casualty, a Taking (defined in Section 13) Taking, or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, remedy (except as provided below in this Section 6.3). Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period Applicable Number of consecutive business days and ending on the day such Service Interruption endsends (or, if later, for the period of equal length beginning on the first day on which Monthly Rent first becomes payable hereunder), but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and inaccessible. As used in this Section 6.3. “Application Number” means (a) three (3) (unless the Service Interruption occurs on the Delivery Date, in which event the Applicable Number shall be zero (o)), if the Service Interruption results from any negligence, willful misconduct or breach of Section 7.1 of or by any Landlord Party (defined in Section 10.1), or (b) 45, if the Service Interruption does not occupied result from any negligence, willful misconduct, or breach of Section 7.1 of or by Tenantany Landlord Party. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F if (the “Entry Date”), a) all or a material portion of the Premises is made untenantable or inaccessible for 30 consecutive days after notice from Tenant to Landlord by a Service Interruption that results (i) does not result from a breach Casualty, a Taking, or an Act of Tenant, and (ii) can be corrected through Landlord’s obligations under Section 7.1reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for and (b) Landlord is not diligently pursuing the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord correction of such Service Interruption and ending Interruption, them nothing in this Section 6.3 shall diminish any remedy of constructive eviction Tenant may have based on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)Interruption.

Interruption. Subject Failure by Landlord to Section 11, any failure extent to furnish, delay in furnishing, or diminution in the quality or quantity of furnish ------------ any service resulting from herein specified or any application cessation thereof due to any cause including accident, making of Law, failure of equipment, performance of maintenance, repairs, improvements alterations or alterationsimprovements, utility interruptionunusually severe weather, unusual difficulty or event ability to obtain services or supplies from sources usually used for the Project, labor difficulties or other causes beyond Landlord's reasonable control or the limitation, curtailment, rationing or restrictions on use of Force Majeure (eachwater, a “Service Interruption”) electricity, gas or any other form of energy or service serving the Premises or the Project shall not render Landlord liable in any respect for damages of any kind, including without limitation to Tenantperson, constitute a constructive evictionproperty or business, or excuse nor be construed as an eviction of Tenant from nor work an abatement of Rent, nor relieve Tenant of any obligation hereunderunder this Lease, including the payment of Rent. Landlord shall use reasonable efforts diligently to remedy any interruption in services and should any of the equipment or machinery utilized in furnishing the services listed herein break down or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. If any services of Landlord are required to be reduced by applicable governmental law, ordinance, rule, regulation or program applicable to the Project or by any public utility or other entity serving the Project or imposed by them, Landlord shall have the right to apportion such services among the Tenants of the Building in accordance with Landlord's reasonable judgment with respect to the needs of tenants of the Project, without liability or relieving Tenant's obligations as herein provided, notwithstanding the interruption of any service hereunder due to such apportionment. Notwithstanding the foregoing, if all or a material portion of electrical service to the Premises is made untenantable or inaccessible ceases for more than three (3) consecutive business days after notice from Tenant to Landlord solely as a result of an intentional action by a Service Interruption that (a) does not result from a Casualty (defined in Section 11)Landlord, a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly then Rent shall thereafter ▇▇▇▇▇ for the period beginning on the day immediately following until such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion time as electrical service is resumed to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material portion of the Premises is made untenantable or inaccessible by a Service Interruption that results from a breach of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)Premises.

Interruption. Subject to Section 11Landlord shall be under no responsibility or liability for failure, any failure to furnish, delay in furnishing, interruption or diminution in the quality or quantity unavailability of any service resulting from services, facilities, utilities, repairs or replacements or inability to provide access or inability to perform any application other obligation under this Lease caused by breakage, accident, fire, flood or other casualty, strikes or other labor trouble, order or regulation of Lawor by any governmental authority, failure of equipment, performance of maintenanceinclement weather, repairs, improvements inability to obtain or alterationsshortages of supplies, utility interruptionlabor or materials, war, civil commotion or other emergency, transportation difficulties or due to any act or neglect of Tenant or Tenant's servants, agents, employees or licensees or for any other cause beyond the reasonable control of Landlord, and in no event for any indirect or consequential damages to Tenant; and failure or omission on the part of Force Majeure (each, a “Service Interruption”) Landlord to furnish any of same for any of the reasons set forth in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable to Tenantin damages, constitute a constructive eviction, or excuse nor release Tenant from prompt fulfillment of any obligation hereunderof its covenants under this Lease. Notwithstanding the foregoing, if all due to the default, negligence or a willful wrongful conduct of Landlord or its agents or contractors, (i) the Premises or any material portion thereof are unusable by Tenant as a result of the Premises is made untenantable or inaccessible lack, for a period of more than three (3) consecutive business days after Business Days following notice from Tenant of (I) water, sewer, electricity, heat, or air conditioning, or (II) the performance of repairs which Landlord is obligated to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in perform pursuant to Section 11), a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1)5.1.4, and (bii) can Tenant shall, concurrently with the giving of such notice discontinue use of the Premises or the portion thereof which is unusable as a result thereof (other than for sporadic purposes such as salvage, security or retrieval of property), then the Annual Fixed Rent and Additional Rent on account of Taxes and Operating Costs shall be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ equitably abated for such portion of the Premises rendered unusable for the period beginning commencing on the day immediately following expiration of such three (3-business-day ) Business Day period and ending on the day such Service Interruption ends, but only in proportion to the percentage earlier of the rentable square footage of date that the Premises made untenantable (or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on such portion) is rendered usable or the date Tenant is permitted returns to enter use the Premises pursuant to Section 2 of Exhibit F other than for sporadic purposes. If more than fifty percent (the “Entry Date”), all or a material portion 50%) of the Premises is made untenantable rendered unusable and if Tenant shall vacate the entire Premises, then the aforesaid abatement shall be a full abatement. Any notice from Tenant pursuant to the first sentence of this paragraph shall expressly state that the failure of Landlord to cure any claimed default timely shall give rise to Tenant's right of rent abatement. Landlord reserves the right temporarily (up to twenty-four (24) hours or inaccessible longer in a bona fide emergency) to stop the services of the HVAC, plumbing, electrical or other mechanical systems or facilities in the Building when necessary from time to time by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall use reasonable efforts to (i) give to Tenant at least three (3) business days' notice if service is to be stopped, except in cases of emergency, (ii) minimize any disruption or interference with Tenant's use of the Premises, and (iii) limit such disruption to a Service Interruption that results from a breach Saturday or Sunday or to times outside of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the periodNormal Building Operating Hours, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)reasonably possible.

Interruption. Subject Failure by Landlord to Section 11, any failure extent to furnish, delay in furnishingfurnish any service, or diminution in the quality or quantity of any service resulting from any application of Lawcessation thereof, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, constitute a constructive evictionnor work an abatement of rent, or excuse nor relieve Tenant from fulfillment of any obligation hereundercovenant or agreement hereof. Notwithstanding the foregoing, however, if all or a material portion an interruption of services for causes within Landlord's reasonable control materially impairs Tenant's ability to effectively use the Premises is made untenantable or inaccessible and if such interruption continues for more than three (3) consecutive business days after notice from or ten (10) days out of twenty (20) day period, Tenant shall thereafter be entitled to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion rent as to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material that portion of the Premises which cannot be used, until the service is made untenantable restored. Should any of the equipment or inaccessible machinery utilized in supplying the services described herein break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no right to terminate this Lease, and shall have no claim for rebate or abatement of rent or damages, on account of any interruption in service occasioned thereby or resulting therefrom. If any interruption of services resulting from causes within the reasonable control of Landlord continues for thirty (30) consecutive days or more, Tenant may terminate this Lease by a Service Interruption that written notice given to Landlord at any time prior to the date on which the services are restored or the interference ceases to the extent Tenant can reasonably use and occupy the Premises for its intended purposes. With respect to an interruption of services which results from a breach causes outside the reasonable control of Landlord’s obligations under Section 7.1, thenif such interruption of services continues for more than thirty (30) consecutive days, as unless the interruption is caused by Tenant’s sole remedy, Monthly or by repairs or alterations requested by Tenant or necessary because of acts or omissions of Tenant (or its agents or employees), the Base Rent and Additional Rent shall equitably ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage extent of the rentable square footage interference with Tenant's use of the Premises made untenantable Premises, commencing on the last day of such thirty (30) day period until the services are restored or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except interference ceases to the extent that Tenant can again reasonably use and occupy the Premises for its intended purposes, and if such interruption of services continues for more than one hundred eighty (180) consecutive days, Tenant may terminate this Lease by written notice given to Landlord at any time prior to the date on which the services are untenantable restored or inaccessible the interference ceases to the extent Tenant can again reasonably use and occupy the Premises for the purposes described in Section 2 of Exhibit F)its intended purposes.

Interruption. Subject There shall be no abatement of Rent and Landlord shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to Section 11riot, any failure to furnishstrike, delay labor dispute, breakdown, accident, repair or other cause beyond Landlord’s reasonable control or in furnishing, cooperation with governmental request or diminution directions. Except in the quality event of a casualty (which shall be governed by Article 11 below), in the event that Tenant is prevented from using and does not use, the Premises or quantity a portion thereof, as a result of any service resulting from any application interruption of Lawutilities caused by the negligence, failure willful misconduct or default of equipment, performance of maintenance, repairs, improvements Tenant or alterations, utility interruption, its agents or event of Force Majeure contractors (each, a an “Service InterruptionAbatement Event”), then Tenant shall give Landlord Notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Rent shall be abated or reduced, as the case may be, from the date Tenant gives such notice and continuing for such time that Tenant continues to be prevented from using, and does not render Landlord liable to Tenantuse, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all Premises or a material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is made untenantable or inaccessible for more than three (3) consecutive business days after notice from not sufficient to allow Tenant to Landlord by a Service Interruption that (a) effectively conduct its business therein, and if Tenant does not result conduct its business from a Casualty (defined in Section 11)such remaining portion, a Taking (defined in Section 13) or an Act then for such time after the expiration of the Eligibility Period during which Tenant (defined in Section 10.1)is so prevented from effectively conducting its business therein, the Rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and (b) can be corrected through Landlord’s reasonable effortsdoes not use, thenthe Premises. If, as Tenant’s sole remedyhowever, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material reoccupies any portion of the Premises is made untenantable or inaccessible by a Service Interruption that results from a breach of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the during such period, if anythe Rent allocable to such reoccupied portion, beginning based on the date proportion that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal the rentable area of such reoccupied portion of the Premises bears to the period, if any, beginning on the later total rentable area of the Entry Date or Premises, shall be payable by Tenant from the date Tenant notifies Landlord of reoccupies such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage portion of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)Premises.

Interruption. Subject to Section 11, any Landlord shall be under no responsibility or liability for failure to furnish, delay in furnishing, or diminution in the quality or quantity interruption of any service resulting from of the above-described services, repairs or replacements caused by Force Majeure, and in no event for any application indirect or consequential damages to Tenant; and failure or omission on the part of Law, failure the Landlord to furnish any of equipment, performance same for any of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) the reasons set forth in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable to Tenantin damages, constitute a constructive eviction, or excuse nor release Tenant from prompt fulfillment of any obligation hereunderof its covenants under this Lease. Notwithstanding the foregoing, if all (i) an interruption or a material portion curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except if any of the Premises same is made untenantable due to any act or inaccessible for more than three (3) consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) or an Act neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (defined in Section 10.1any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (bii) can be corrected through such Service Interruption is due to the gross negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors or is within Landlord’s reasonable effortscontrol to remedy (as opposed to an event or circumstance that is due to a cause beyond Landlord’s reasonable control generally affecting other buildings in the vicinity of the Building, thensuch as a neighborhood power outage), and (iii) such Service Interruption continues for more than five (5) consecutive days after Landlord shall have received notice thereof from Tenant, and (iv) as Tenant’s sole remedya result of such Service Interruption, Monthly Tenant is unable, and ceases, to conduct its business operations in all or a portion of the Premises, then the Fixed Rent and Additional Rent on account of Operating Costs and Taxes shall ▇▇▇▇▇ entirely or proportionately, as applicable, for the period beginning on the each day immediately following such 3-business-day period and ending on the day during which such Service Interruption endscontinues after such five (5) consecutive day period until such date that the Premises, but only in proportion to or the percentage affected portion thereof, shall be rendered tenantable (or such earlier date, if any, as Tenant shall reoccupy the Premises or the affected portion thereof for the conduct of its business). The amount of the abated Rent shall be in the proportion that the rentable square footage area of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material portion of the Premises that Tenant is made untenantable or inaccessible by a Service Interruption that results prevented from a breach using, and does not use, bears to the total rentable area of the Premises. For purposes hereof, the term “Essential Services” shall mean the following services in accordance with Landlord’s obligations under Section 7.1this Lease: water and sewer service, thenHVAC, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder gas and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)electricity.

Interruption. Subject Landlord shall not be liable for damages to Section 11either person or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any failure abatement of Rent, nor shall Tenant be relieved from performance of any covenant on its part to furnish, delay in furnishingbe performed hereunder by reason of (a) interruption of, or diminution variation or deficiency in, or failure of, the provision of Basic Services; (b) breakdown or malfunction of lines, cables, wires, pipes, equipment or machinery utilized in supplying or permitting Basic Services or telecommunications; or (c) curtailment or cessation of Basic Services due to causes or circumstances beyond the quality reasonable control of Landlord, including but not limited to (i) strikes, lockouts or quantity other labor disturbance or labor dispute of any service resulting character, (ii) governmental regulation, moratorium or other governmental action, (iii) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel from any the providers thereof, and (iv) acts of God. Landlord shall use reasonable diligence to make such repairs as may be required to lines, cables, wires, pipes, equipment or machinery within the Project to provide restoration of Basic Services and, where the cessation or interruption of Basic Services has occurred due to circumstances or conditions beyond Project boundaries or outside the Landlord's control, to cause the same to be restored, by application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable request to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthe provider thereof. Notwithstanding the foregoing, if all an interruption or a material portion curtailment of the Premises is made untenantable any Basic Service occurs by reason of Landlord's negligence, omission or inaccessible for more than three (3) consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) or an Act breach of Tenant (defined in Section 10.1)its obligations hereunder, and (bi) can the interruption causes the Premises or a portion thereof to be corrected through Landlord’s reasonable effortsuntenantable, (ii) Tenant ceases to use the Premises or the untenantable portion thereof, and (iii) Tenant has given Landlord (and all Senior Parties to the extent required by Section 14.7 ------------ below) notice of such interruption, then, as Tenant’s sole remedyon the tenth (10th) consecutive Business Day following the date on which all of the foregoing conditions are satisfied, Monthly Base Rent shall ▇▇▇▇▇ for the period beginning (in whole or in part based on the day immediately following such 3-business-day period number of square feet that are untenantable) until the Premises are rendered tenantable; provided, however, that in no event shall Tenant be entitled to an abatement -------- ------- of Base Rent if the interruption was caused in whole or in part by any action or inaction by Tenant or its employees, agents, contractors or invitees or by events outside the direct control of Landlord. If Tenant is entitled to a rent abatement under the prior provision and ending on ten (10) Business Days after the day such Service Interruption endsdate of Tenant's notice under clause (iii) above Landlord has not commenced or is not diligently pursuing a cure of the interruption, but only in proportion then Tenant may provide a second notice to Landlord (and all Senior Parties to the percentage extent required by Section ------- 14.7 below) stating that if such interruption is not cured within ten (10) ---- Business Days thereafter, Tenant intends to commence cure and specifying the steps that Tenant will take to cure the interruption. If Landlord has not commenced or is not diligently pursuing a cure of the rentable square footage interruption within ten (10) days after receipt of such second notice, Tenant may take steps to cure the Premises made untenantable or inaccessible and not occupied by Tenantinterruption as outlined in its notice to Landlord. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material portion of the Premises is made untenantable or inaccessible by a Service Interruption that results from a breach of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable permitted access to any equipment or inaccessible before facilities that serve other tenants' premises in the Commencement Date except Project. Tenant shall be solely responsible for any loss or damage arising from its efforts to cure the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)interruption.

Interruption. Subject to Section 11, any failure to furnish, delay in furnishing, or diminution in the quality or quantity of any service resulting from any application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all or a material portion of the Premises is made untenantable or inaccessible for more than three the Applicable Number (3defined below) of consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11)Casualty, a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period Applicable Number of consecutive business days and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoingAs used in this Section 6.3, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F “Applicable Number” means (the “Entry Date”a) five (5), all if Landlord can correct the Service Interruption through reasonable efforts, or (b) 20, if Landlord cannot correct the Service Interruption through reasonable efforts. For purposes of this Section 6.3, a material portion of the Premises is made untenantable or inaccessible by shall be deemed “untenantable” if and only if it cannot reasonably be used in a Service Interruption that results from a breach of Landlord’s obligations under Section 7.1, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ normal manner for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)Permitted Use.

Interruption. Subject Landlord shall have no responsibility or liability to Section 11Tenant for failure, interruption, inadequacy, defect or unavailability of any services, facilities, utilities, repairs or replacements or for any failure or inability to provide access or to perform any other obligation under this Lease caused by any event beyond Landlord’s reasonable control, including, without limitation, breakage, accident, fire, flood or other casualty, strikes or other labor trouble, any failure to furnishgovernmental order or regulation, delay in furnishing, or diminution in the quality or quantity of any service resulting from any application of Law, failure of equipment, performance of maintenanceinclement weather, repairs, improvements inability to obtain or alterationsshortages of utilities, utility supplies, labor or materials, war, civil commotion or other emergency, or any act or omission of Tenant or Tenant’s agents, employees or licensees. In no event shall Landlord be liable to Tenant for any indirect or consequential damages suffered by Tenant due to any such failure, interruption, inadequacy, defect or event unavailability. No failure or omission on the part of Force Majeure (eachLandlord for any of the reasons set forth in this paragraph shall be construed as an eviction of Tenant, a “Service Interruption”) shall not actual or constructive, or entitle Tenant to an abatement of rent, nor render Landlord liable to Tenant, constitute a constructive evictionin damages, or excuse release Tenant from prompt fulfillment of any obligation hereunderof its covenants under this Lease. Notwithstanding Landlord reserves the foregoingright to deny access to the Building and to interrupt the services of the HVAC, plumbing, electrical or other mechanical systems or facilities in the Building when necessary from time to time by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall use reasonable efforts to minimize the duration of any such interruption and to give to Tenant at least three (3) days’ notice if all service is to be interrupted, except in cases of emergency. If due to Landlord’s default, (i) the Premises or any portion thereof are unusable by Tenant for a material period of more than ten (10) consecutive Business Days following notice, complying with the last sentence of this paragraph, from Tenant due to (I) a lack of any of water, sewer, elevator service, access or electricity or (II) the failure by Landlord to perform repairs which Landlord is obligated to perform pursuant to Subsection 5.1.5, and (ii) Tenant shall, concurrently with the giving of such notice, discontinue use of the Premises or the portion thereof which is unusable as a result (other than for sporadic purposes such as salvage, security or retrieval of property), then as Tenant’s sole remedy the Annual Fixed Rent and Additional Rent on account of Taxes and Operating Costs shall be equitably abated for such portion of the Premises is made untenantable or inaccessible for more than three (3) consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ rendered unusable for the period beginning commencing on the day immediately following expiration of such 3-business-day ten (10) Business Day period and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of date that the Premises made untenantable (or inaccessible and not occupied by Tenantsuch portion) is rendered usable. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F If more than fifty percent (the “Entry Date”), all or a material portion 50%) of the Premises is made untenantable or inaccessible by rendered unusable and if Tenant shall vacate the entire Premises, then the aforesaid abatement shall be a Service Interruption full abatement. Any notice from Tenant pursuant to the first sentence of this paragraph shall expressly state that results from a breach the failure of Landlord’s obligations under Section 7.1, then, as Landlord to cure any claimed default timely shall give rise to Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later rights of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)rent abatement.

Interruption. Subject to Section 11, any failure to furnish, delay in furnishing, or diminution in the quality or quantity of any Landlord service resulting from any application of Law, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all or a material portion of the Premises is made untenantable or inaccessible for more than three (3) consecutive business days after notice from Tenant to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) ), or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenantinaccessible. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F if (the “Entry Date”), a) all or a material portion of the Premises is made untenantable or inaccessible for 30 consecutive days after notice from Tenant to Landlord by a Service Interruption that results (i) does not result from a breach Casualty, a Taking, or an Act of Tenant, and (ii) can be corrected through Landlord’s obligations under reasonable efforts, and (b) Landlord is not diligently pursuing such correction, then nothing in this Section 7.1, then, as Tenant’s sole remedy, Monthly Rent 6.3 shall ▇▇▇▇▇ for the period, if any, beginning diminish any right Tenant may have at law or in equity to terminate this Lease (but not recover damages) on the date grounds that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except to the extent that the Premises are untenantable or inaccessible for the purposes described in Section 2 of Exhibit F)constitutes a constructive eviction.

Interruption. Subject Failure by Landlord to Section 11, any failure extent to furnish, delay in furnishingfurnish any service, or diminution in the quality or quantity of any service resulting from any application of Lawcessation thereof, failure of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or event of Force Majeure (each, a “Service Interruption”) shall not render Landlord liable in any respect for damages to either person or property nor be construed as an eviction of Tenant, constitute a constructive evictionnor work an abatement of rent, or excuse nor relieve Tenant from fulfillment of any obligation hereundercovenant or agreement hereof. Notwithstanding the foregoing, however, if all or a material portion an interruption of services for causes within Landlord’s reasonable control materially impairs Tenant’s ability to effectively use the Premises is made untenantable or inaccessible and if such interruption continues for more than three (3) consecutive business days after notice from or ten (10) days out of twenty (20) day period, Tenant shall thereafter be entitled to Landlord by a Service Interruption that (a) does not result from a Casualty (defined in Section 11), a Taking (defined in Section 13) or an Act of Tenant (defined in Section 10.1), and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such 3-business-day period and ending on the day such Service Interruption ends, but only in proportion rent as to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoing, if, on the date Tenant is permitted to enter the Premises pursuant to Section 2 of Exhibit F (the “Entry Date”), all or a material that portion of the Premises which cannot be used, until the service is made untenantable restored. Should any of the equipment or inaccessible machinery utilized in supplying the services described herein break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no right to terminate this Lease, and shall have no claim for rebate or abatement of rent or damages, on account of any interruption in service occasioned thereby or resulting therefrom. If any interruption of services resulting from causes within the reasonable control of Landlord continues for thirty (30) consecutive days or more, Tenant may terminate this Lease by a Service Interruption that written notice given to Landlord at any time prior to the date on which the services are restored or the interference ceases to the extent Tenant can reasonably use and occupy the Premises for its intended purposes. With respect to an interruption of services which results from a breach causes outside the reasonable control of Landlord’s obligations under Section 7.1, thenif such interruption of services continues for more than thirty (30) consecutive days, as unless the interruption is caused by Tenant’s sole remedy, Monthly or by repairs or alterations requested by Tenant or necessary because of acts or omissions of Tenant (or its agents or employees), the Base Rent and Additional Rent shall equitably ▇▇▇▇▇ for the period, if any, beginning on the date that Monthly Rent otherwise first becomes payable hereunder and continuing for a period equal to the period, if any, beginning on the later of the Entry Date or the date Tenant notifies Landlord of such Service Interruption and ending on the day such Service Interruption ends, but only in proportion to the percentage extent of the rentable square footage interference with Tenant’s use of the Premises made untenantable Premises, commencing on the last day of such thirty (30) day period until the services are restored or inaccessible (provided, however, that for purposes of this sentence, the Premises shall not be deemed untenantable or inaccessible before the Commencement Date except interference ceases to the extent that Tenant can again reasonably use and occupy the Premises for its intended purposes, and if such interruption of services continues for more than one hundred eighty (180) consecutive days, Tenant may terminate this Lease by written notice given to Landlord at any time prior to the date on which the services are untenantable restored or inaccessible the interference ceases to the extent Tenant can again reasonably use and occupy the Premises for the purposes described in Section 2 of Exhibit F)its intended purposes.