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 xxxxx 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 xxxxx 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 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 xxxxx 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 xxxxx 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 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 xxxxx 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 xxxxx 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 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 xxxxx 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 xxxxx 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 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 or ten (10) days out of twenty (20) day period, Tenant shall thereafter be entitled to xxxxx rent as to that portion of the Premises which cannot be used, until the service is restored. Should any of the equipment or 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 written notice from Tenant 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 causes outside the reasonable control of Landlord, if such interruption of services continues for more than thirty (30) consecutive days, unless the interruption is caused by a Service Interruption that (a) does not result from a Casualty (defined in Section 11)Tenant, a Taking (defined in Section 13) or an Act by repairs or alterations requested by Tenant or necessary because of acts or omissions of Tenant (defined in Section 10.1or its agents or employees), the Base Rent and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Additional Rent shall equitably xxxxx 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 extent of the rentable square footage interference with Tenant's use of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoingPremises, if, commencing on the date Tenant is permitted to enter last day of such thirty (30) day period until 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 xxxxx 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 services are restored 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 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 xxxxx 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 xxxxx 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 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 xxxxx 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 xxxxx 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 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 xxxxx 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 xxxxx 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 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 xxxxx 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 xxxxx 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 or ten (10) days out of twenty (20) day period, Tenant shall thereafter be entitled to xxxxx rent as to that portion of the Premises which cannot be used, until the service is restored. Should any of the equipment or 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 written notice from Tenant 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 causes outside the reasonable control of Landlord, if such interruption of services continues for more than thirty (30) consecutive days, unless the interruption is caused by a Service Interruption that (a) does not result from a Casualty (defined in Section 11)Tenant, a Taking (defined in Section 13) or an Act by repairs or alterations requested by Tenant or necessary because of acts or omissions of Tenant (defined in Section 10.1or its agents or employees), the Base Rent and (b) can be corrected through Landlord’s reasonable efforts, then, as Tenant’s sole remedy, Monthly Additional Rent shall equitably xxxxx 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 extent of the rentable square footage interference with Tenant’s use of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoingPremises, if, commencing on the date Tenant is permitted to enter last day of such thirty (30) day period until 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 xxxxx 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 services are restored 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 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 Landlord reserves the right following not less than two (2) business day’s advance written notice thereof to Section 11, any failure to furnish, delay in furnishing, or diminution Tenant (except in the quality event of an emergency, in which event, no such advance notice shall be required), without any liability to Tenant and without affecting Tenant’s covenants and obligations hereunder, to stop or quantity interrupt or reduce any of the services listed in Section 6.1 and/or Section 6.3 or to stop or interrupt or reduce any other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of (i) the making of repairs or changes which Landlord is required or is permitted by this Lease or by law to make or in good xxxxx xxxxx necessary or (ii) any other cause beyond Landlord’s control. Landlord does not warrant that the services provided for in Section 6.1 and/or Section 6.3 or elsewhere in this Lease will be free from interruption or stoppage and no such interruption or stoppage will in any manner relieve Tenant of any of Tenant’s obligations under this Lease except as expressly provided in this Lease. FAILURE TO ANY EXTENT TO MAKE AVAILABLE, OR ANY SLOW-DOWN, STOPPAGE OR INTERRUPTION OF ANY SERVICES DESCRIBED IN THIS ARTICLE VI RESULTING FROM ANY CAUSE WHATSOEVER (OTHER THAN LANDLORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL NOT RENDER LANDLORD LIABLE IN ANY RESPECT FOR DAMAGES, NOR BE CONSTRUED AS AN EVICTION OF TENANT (ACTUAL OR CONSTRUCTIVE) NOR RELIEVE TENANT FROM FULFILLMENT OF ANY COVENANT OR AGREEMENT HEREOF. FURTHER, LANDLORD DOES NOT MAKE, AND TENANT HEREBY WAIVES, ANY GUARANTY OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY SECURITY AT THE PROJECT OR BUILDING, OR THAT ANY SECURITY MEASURES WILL BE TAKEN OR WILL PREVENT OCCURRENCES OR CONSEQUENCES OF CRIMINAL ACTIVITY, IT BEING HEREBY ACKNOWLEDGED AND AGREED BY TENANT THAT LANDLORD HAS NOT AGREED TO PROVIDE ANY SECURITY SERVICES OR MEASURES AT THE BUILDING OR PROJECT OTHER THAN AS MAY BE EXPRESSLY SET FORTH HEREIN AND THAT LANDLORD SHALL NOT BE LIABLE TO TENANT IN ANY EVENT FOR LOSSES DUE TO THEFT OR BURGLARY OR FOR DAMAGE OR INJURY DONE BY UNAUTHORIZED PERSONS IN THE BUILDING OR THE PREMISES. Notwithstanding anything to the contrary set forth in this Section 6.4 above, it is hereby agreed that if at any time during the Term of this Lease (a) Landlord fails to deliver electrical service, elevator service resulting from any application (provided, that the provisions of Law, failure this sentence and the further provisions of equipment, performance of maintenance, repairs, improvements or alterations, utility interruption, or this Section 6.4 below shall be applicable in the event of Force Majeure failures of elevator service only if all elevators in the Building are then failing to operate), HVAC service, sewer service or water service to the Premises (eachindividually and/or collectively, a the foregoing services being herein called the “Service InterruptionCritical Services”) shall not render Landlord liable to Tenant, constitute in accordance with the requirements of this Article VI for a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding period following the foregoing, if all or a material portion Commencement Date of the Premises is made untenantable or inaccessible for more than three two (32) consecutive business days after notice from Tenant to Landlord (provided, that such 2-business day period shall be extended by a Service Interruption that (a) does not result from a Casualty (defined one day for each day of delay caused by any event of force majeure, as described in Section 11)16.2 hereof, a Taking (defined in Section 13) or an Act by any event of Tenant (defined delay) after Tenant advises Landlord in Section 10.1)writing that the Critical Services are not being provided to the Premises, and (b) the failure to provide such Critical Services to the Premises was not caused by the act, omission to act or negligence of Tenant or any of Tenant’s agents, employees, representatives or contractors or by any event of force majeure (as described in Section 16.2 hereof), and (c) the Premises can not be corrected through reasonably used and enjoyed by Tenant to conduct its business operations in the same or substantially similar manner as immediately theretofore used (in compliance with the provisions of this Lease) as a result of Landlord’s failure to deliver such Critical Services, Tenant shall be entitled to a reasonable efforts, then, as Tenant’s sole remedy, Monthly Rent shall xxxxx abatement of Base Rental for the period beginning on the each consecutive day immediately following after such 32-business-business day period that Tenant is so prevented from making such reasonable use and ending on the day such Service Interruption ends, but only in proportion to the percentage of the rentable square footage enjoyment of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding in the foregoing, if, on the date Tenant is permitted same manner used prior 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 xxxxx 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).failure

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 xxxxx 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 xxxxx 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 Landlord reserves the right to Section 11interrupt and/or stop the supply and/or flow of water, any failure sewage, electrical current, cleaning, and other services, and to furnishcurtail, delay in furnishingsuspend, interrupt and/or stop use of entrances serving as access to the Building, or diminution in other portions of the quality or quantity of Property, without thereby incurring 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 liability to Tenant, constitute a constructive evictionwhen necessary or advisable, in Landlord's judgment, by reason of accident or emergency, or excuse for repairs, alterations, replacements or improvements, provided however, that Landlord shall take reasonable steps to minimize interference caused thereby with Tenant's use of the Premises to the extent practicable under the circumstances. No diminution or abatement of Basic Rent or Additional Rent (other than as provided in the immediately following sentence), nor any direct, indirect or consequential damages shall be claimed by Tenant from as a result of, nor shall this Lease or any obligation hereunderof the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage of the foregoing services or use, irrespective of the cause thereof. Notwithstanding the foregoing, if all or a material the Premises are rendered Untenantable (as defined below) for more than twenty (20) consecutive days the obligation of the Tenant to pay Basic Rent hereunder shall be abated in proportion to the portion of the Premises so rendered untenantable until the date immediately following the day on which such Untenantability is made untenantable or inaccessible cured. For all purposes of this Lease, Untenantability shall mean that, for more than three at least five (35) consecutive business days after notice from Tenant days, Tenant, due 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 Landlord's interruption 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 xxxxx 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 services to the percentage of Premises as provided above, shall not be reasonably able to use and occupy or to have access to the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding the foregoingPremises, 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, thenPremises, as Tenant’s sole remedythe case may be, Monthly Rent shall xxxxx for the normal conduct of Tenant's business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so and Tenant does not use or occupy the same during said 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 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 xxxxx 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 xxxxx 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 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 (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except if any of the same is due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) 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 control 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, such 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 a result of such Service Interruption, Tenant is unable, and ceases, to conduct its business operations in all or a material portion of the Premises, then the Fixed Rent and Additional Rent on account of Operating Costs and Taxes shall xxxxx entirely or proportionately, as applicable, for each day during which such Service Interruption continues after such five (5) consecutive day period until such date that the Premises, or the 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 area of the portion of the Premises that Tenant is made untenantable or inaccessible for more than three (3) consecutive business days after notice prevented from Tenant to Landlord by a Service Interruption that (a) using, and does not result from a Casualty (defined in Section 11)use, 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 xxxxx 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 bears to the percentage total rentable area of the rentable square footage of Premises. For purposes hereof, the Premises made untenantable or inaccessible and not occupied by Tenant. Notwithstanding term “Essential Services” shall mean 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 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 xxxxx 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.